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Everything posted by Lostboy38

  1. Thanks Shellieh, I've read the thread and found some very helpful guides. I have two affidavits to attack, both are invalid Prima Facie evidence. I am going to question their reacted Exhibit 1 Asset Schedule, it make no reference to anything. I think I have figured out how my identity theft happened back in 2007. On the application is listed an old email address that was "hacked" back in mid 2007. I was unable to get the address back because the recovery email address was no longer in use. I just changed the accounts that I needed and forgot all about the account. Most of my banking and accounts were attached to that email address. I hate to think my laziness is what led to my current situation with all these credit collection problems. I have tried several times to make a police report but once I tell them it happened in 2007 or 2008, they don't even bring an officer out to take my statement. I sat in the waiting room for two hours the last time I tried to make a report on this. Should I try again? By all I've read, getting the police report is needed by the CRAs and the FTC. BTW: they have already set the trial date for 10/29/14.
  2. I'm at a loss as to how to show that the SOL is past, I can try to gather my bank statements from that period. I've already submitted an affidavit stating that the SOL has passed and gave it to the court and opposing counsel. I think I need to investigate other options too, like their lack of standing, they have yet to produce anything showing my name was included in the Bill of Sale. I am hoping to investigate MF to support my claim of unclean hands, with all the lawsuits against them for robo-signing, it would seem to me that anything they produced would be suspect to untruthfulness.
  3. All I had was the last paid off statement from early 2007, I never used the account again after that, never received any other communications on it either.
  4. And question 10 of my ROGS, how did they come up with a date on the purchase, shouldn't there be a document supporting their claim?
  5. Ok so I've messed up some, but shouldn't I be asking some questions about their answers? For instance, IROGs, they state that the balance due and owing is found on the statements but all I see there is late fees and interest. Shouldn't I be finding out how they figured the initial $1600+ amount to charge the interest from? And on question 8, I never received any documents, I have no idea how the numbers were generated. Shouldn't they provide me with that?
  6. In all actuality, this suit is identical to the last one except that they have an 8 yo credit application.
  7. I'm still having a problem with the fact that they cannot produce anything for me or from me after 2007, the account was paid in full and I never used it again. This is another ID theft issue I'm having. I need to go kick my brother's a$$.
  8. In the Plaintiff's box on the Summons & Complaint it says, "Midland Funding LLC Assignee of Citibank S.D." They're making statements that "I" made purchases in 2008 and payments in 2010 but have no proof of this either in the statements or on my CR. Question 10. And the Credit Application is only one page and I don't remember ever getting a copy of it.
  9. After reading through a few of the pages they responded with, I think I need to motion for a meet and confer. How do I do that? They actually state in answer 6 that the Plaintiff provided credit through May of 2011. The Plaintiff is a JDB, not a credit card company.
  10. Ok, I figured it out. This file is their response to my questions, if anyone can take a look at it and recommend anything, I would appreciate it. Thanks. Postable.pdf
  11. I have received my reply from their Lawyer..... OMG, if they didn't win the first time with the paperwork (hearsay) supplied, the just double the paperwork (hearsay) and that will make sure they win. I have created a post-able pdf file but I am unsure how to upload it here.
  12. Lucky process server, he's not in trouble. On another note, I sent out my requests to the Plaintiff's Lawyer CRRR, but I never received the little green card back that they received the letter. I went on line and tracked the delivery, I went to the post office and had them run me a print off of the persons signature on the card. This will hold up in court if I have to do a Motion to Compel?
  13. I was hoping the Process Server was considered an employee of the Law Firm when they hired him to server the papers. Guess I'll keep looking.
  14. I've been researching third party communications about a debt and found, 15 U.S. Code § 1692c - Communication in connection with debt collection: ( Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.When the process server handed over the summons & complaint to my spouse, walked back to his car, retrieved a business card and walked back to my spouse, (leaving my spouse plenty of time to read the summons & complaint), then returning to my spouse asking for the paperwork back because he may have made a mistake giving it to her. Isn't this a violation of this code? Can I include some sort of charge against the Plaintiff for allowing this to happen when I refile my counter claim?
  15. She has not filed suit against me yet, she has just sent a letter stating the information above. I think this is a scare tactic because she won a bogus judgment against my "judgment proof" spouse. She's trying to black mail me into paying her debt.
  16. This is the PRA account, the last digits of the account being claimed are the same, the lawyer has made a major booboo. I've sent a DV to them just to find out what is going on.
  17. The letter states: Her Name and Addy Notice of Amount Due Client: Synchrony Bank Original Creditor: Sam's Club MC (Sam's Club has no MC to the best of my knowledge) Account No.: ********************* Our File No. ########## Total Amount Due: $#,###.## Date: MM/DD/YYYY Addressee: Me This communication is from a debt collector, this is an attempt to collect a debt, any information obtained will be used for that purpose. (In a Boxed area) Please be advised of the following right provided by federal law: Unless consumer within 30 days....... so on and so forth. the rest is standard lingo, where to pay how to pay when to pay etc.
  18. I'm not sure if she is the 4th or 5th person that has contacted me about this debt. I have received several other letters from other DCs stating they were contracted to collect the debt, so there could be 3 or 4 more. I'm only counting the ones that I have received threatening letters and actions from, like taking me to court, calling me all the time, contacting my employer, etc. etc.
  19. Here is the updated letter: I dispute the alleged debt and request validation. You are the 4th or 5th entity to claim ownership of the alleged debt and demand payment. At the present time a well-known junk debt buyer is pursuing this alleged account in court via a lawsuit, therefore, what exactly are you claiming is owed? This is not my debt, I have never had an account or an agreement with Synchrony Bank and I have never had a Sam’s Club MC. I look forward to your prompt reply.
  20. Thank you, thank you, thank you, I will add that to the letter immediately, you must be some sort of savant or something.
  21. I was extremely embarrassed by the proposed letter that I was sending out and the very much tongue lashing it got me from Clydesmom, (thank you, I really needed that), but after reading what she posted and the multitude of mistakes I made, the worst one being that I relied on a store bought software program to assist me instead of asking here, I'm looking at it as an extremely educational lesson. Please, Clydesmom, correct me anytime that I propose to do something that stupid again. Thank you.
  22. Ok, I've written the "I dispute the alleged debt and request validation." and will send it out tomorrow morning. Now, what about the "Cease and Desist" letter, when should I send that out? I know that I can't/shouldn't do it at the same time but how much time should I give them? A couple days, a week or longer?
  23. The letter states that it is Synchrony Bank. How can she send notification of Debt Due if they don't own the debt any more. I have my PRA suit yet so that should be helpful in fending her off, right?
  24. I'll be only sending the dispute alleged debt and request validation from her. She is going to have a lot of trouble proving standing as the debt has been sold several times. I see can be a pain by the way she is treating my spouses judgment. I'll be fighting all the way, and I've learned not to let the stress control me, anger on the other hand, I'm having problems controlling.