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collectionfighter

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  1. I have an investment account, in which the assets are forex and on margin (collateral for a loan). Can these investment assets be garnished?
  2. Heads-up, be prepared that JDB will bring a witness. They know defendants will object their CCP98 so they counter-fight now. And it happens a lot lately, according to a consumer debt attorney. my case was in Orange county and the judge overruled all objections, and admitted everything including the non-complying CCP 98, a live witness testimony (not the same person on the CCP98), incomplete Bill of Sale, non-complying Affidavit. The judge also admitted my proof of address which showed I didn't live at the address on the credit card statements. Despite my proof of address, he still ruled against me and grant JDB judgement in their favor. The judge said he didn't agree with Target v. Rocha so he said the server could have left the subpoena there (even though the people at that office said they didn't know any one by the name of the witness). The judge also agreed that the CCP 98declarant and the live witness didn't have personal knowledge, but he said personal knowledge wasn't required. JDB's records should be good enough to prove the debt, and so all hearsay objections were overruled. I felt like I was knocked down to the ground when the judge said what he said. It was unbelievable. the judge was the assigned judge too, not a sub. At the end of trial, we mentioned how his rullings were conflicting and inconsistent with other courts, he just said very calmly that how he rules.
  3. My case was very similar to SeaDragon's case. I was a pro se all the way to the last 2 wks before trial. Everything was going as planned, except that I learned that JDB would bring a witness due to the fact that they had lost ground on the CCP98 so much lately. I decided to hire a competent lawyer to represent me in trial because I thought I would be nervous to cross examine the witness. On trial date, JDB brought a witness, not the same person on CCP98. My lawyer objected both the CCP 98 and the witness at trial. Unfortunately, the judge said he didn't agree with Target v. Rocha decision, and overruled objection of CCP98. The judge also overruled hearsay, lack of foundation and admitted the CCP98 and live witness' testimony. He also admitted the Bill of Sale which didn't have my name or account number. The judgment against me was soon entered. I wonder if anyone know if there is a limited amount that JDB could levy my bank account? I don't keep much money in there, but I need to keep some to pay bills.
  4. A California Consumer Defense Attorney said that most credit card companies incorporated in Delaware for a reason: This state doesn't have a cap limits for the interest rates charged on credit cards, so the credit card business is more profitable there. However, Delaware has 3 years Statute of Limitations. Often, the credit card Agreement has a "Choice of State Laws" provision, in which the credit card company would chose Delaware as the choice of state laws so that they can charge whatever interest rate they want. So, if a California consumer is sued by a credit card company that is incorporated in Delaware (Chase, BOA, Capital One, Discover, to name a few), the SOL should be 3 years instead of 4. Any member here can confirm? If the above is true, what is CA case-law we can use? I only know of a New York case law Portfolio Recovery v. King.
  5. ADMISSIONS; 1. NAME had a credit account number 1111111111. Deny. 2. Credit account number 1111111111 was issued to NAME by CHASE Objection. I cannot deny or admit an act done by CHASE, which I did not have knowledge of. 3. NAME received periodic statements regarding credit account number 1111111111 issued by CHASE Deny. 4. As of on or about FILING DATE, the balance owed by NAME the credit account number 1111111111was $10K. Deny 5. NAME has not made any payments on credit account number 1111111111 since FILING DATE Objection. This Request calls for legal conclusion. Without waiving objection, I state that I have never made any payment to the alleged account. 6. NAME submitted a payment toward the outstanding debt on credit account number 1111111111 within the three(3) years immediately prior to FILING DATE. Deny. 7. CHASE assigned account number 1111111111 to PORTFOLIO RECOVERY ASSOCIATES, LLC. Objection. I cannot admit or deny an act done by CHASE. I do not have knowledge of said assignment. 8. NAME received through the U.S. mail a pre-legal notification from PORTFOLIO RECOVERY ASSOCIATES, LLC regarding credit account number 1111111111 Deny.
  6. Interrogatory No. 1: Did you ever submit a request for a credit account to CHASE? Answer: Objection. This request is too broad and unclear. It lacks specificity to which credit account or type of credit requested. Interrogatory No. 2: Did CHASE issue a credit account number 1111111111 in your name? Answer: Objection. I do not have knowledge of what CHASE did/does. Interrogatory No. 3: State the approximate date you open THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUNT shall mean credit account issued to you by CHASE account number 11111111111) Answer: Objection. This interrogatory contains a premature assumption that THE CREDIT ACCOUNT was issued to me. Without waiving objection, I state that I did not open or do not recall opening THE CREDIT ACCOUNT . This interrogatory is not applicable to me. Interrogatory No. 4: IDENTIFY (for the purpose of these interrogatories, IDENTIFY shall mean to state the name, address, and telephone number) each and every person other than yourself who has ever had possession of any credit card for THE CREDIT ACCOUNT. Answer: Objection. I do not have personal knowledge of individuals that had possession of any credit card for THE CREDIT ACCOUNT. Without waiving objection, and based on documents provided by Plaintiff, I believe that the actual account holder of THE CREDIT ACCOUNT was someone else that has same last name as and similar Social Security Number to those of mine. Plaintiff bears the burden to investigate this information with the original creditor of THE CREDIT ACCOUNT. Interrogatory No. 5: DENTIFY each and every person who you ever authorized to use THE CREDIT ACCOUNT. Answer: Objection. This interrogatory is not applicable to me and contains a premature assumption that I had THE CREDIT ACCOUNT. Without waiving objection, I state that I was not aware I had the authority on THE CREDIT ACCOUNT, and did not make authorization on THE CREDIT ACCOUNT. Interrogatory No. 6: Did you use THE CREDIT ACCOUNT? Answer: Deny. Interrogatory No. 7: Is $10k, the amount set forth in the complaint in this case as the sum owed as of filing date, your balance due as of that date on THE CREDIT ACCOUNT? Answer: Objection. This interrogatory contains a premature assumption that THE CREDIT ACCOUNT was mine. Without waiving objection, I deny that I owe any amount on THE CREDIT ACCOUNT. Interrogatory No 8: If you do not agree that $10k the amount set forth in the complaint in this case as the sum owed, is your balance due as of filing date on THE CREDIT ACCOUNT, state all facts upon which you base your denial that the sum of $10k is your balance due as of filing date on the THE CREDIT ACCOUNT. Answer: Objection. This interrogatory contains a premature assumption that THE CREDIT ACCOUNT belongs to me. Without waiving objection, I state that did not use THE CREDIT ACCOUNT, and did not incur the alleged balance on THE CREDIT ACCOUNT. Therefore, I owe nothing on THE CREDIT ACCOUNT. Interrogatory No. 9: Did you ever report to CHASE (for the purpose of these interrogatories, CHASE shall mean and refer to PORTFOLIO RECOVERY ASSOCIATES, LLC, and/or its predecessor, CHASE, and/or any collection agent or agency purporting to present PORTFOLIO RECOVERY ASSOCIATES, LLC or CHASE, as to this account) that the credit card for THE CREDIT ACCOUNT was lost and stolen? Answer: Objection. This interrogatory is not applicable to me. Without waiving objection, I state that I was not aware of the existence of THE CREDIT ACCOUNT, and/or the idea that THE CREDIT ACCOUNT was lost or stolen. Therefore, no report was made in writing by me to CHASE Interrogatory No. 10: Did you ever report in writing to CHASE or PORTFOLIO RECOVERY ASSOCIATES, LLC that there was any problem with THE CREDIT ACCOUNT, which problem remains unresolved? Answer: I did not aware of THE CREDIT ACCOUNT, and as a result, did not report in writing any problem to CHASE or PORTFOLIO RECOVERY ASSOCIATES, LLC before filing date, the date this action was initially filed in court. Interrogatory No. 11: Did you receive periodic statements from CHASE regarding THE CREDIT ACCOUNT? Answer: Deny. Interrogatory No. 12: State the approximate date of your last payment to CHASE on THE CREDIT ACCOUNT. Answer: Objection. This interrogatory is not applicable to me and contains a premature assumption that THE CREDIT ACCOUNT belongs to me. Without waiving objection, I state that I did not make any payment on THE CREDIT ACCOUNT. Interrogatory No. 13: Have you ever corresponded with CHASE in writing regarding THE CREDIT ACCOUNT? Answer: No. I wasn't aware of THE CREDIT ACCOUNT, and as a result, did not make any written correspondence with CHASE regarding said account. Interrogatory No. 14: Have you ever corresponded with PORFOLIO RECOVERY ASSOCIATES LLC in writing regarding THE CREDIT ACCOUNT? Answer: Yes. I wrote to PORTFOLIO RECOVERY ASSOCIATES LLC after I was served the Summons and Complaint, requesting for Debt Validation and proof that PORTFOLIO RECOVERY ASSOCIATES LLC had the legal authority over THE CREDIT ACCOUNT. I also wrote to PORTFOLIO RECOVERY ASSOCIATES LLC demanding it to void the Cancelation-of-Debt Tax Form. Interrogatory No. 15: State all facts upon which you base your denial of the complaint in this action Answer: a) According to details on statements of THE CREDIT ACCOUNT and the data sheet provided by Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC, THE CREDIT ACCOUNT belongs to someone else. (Side note: My brother's name is on the statement and there was a cash advance check $k made out to his name only) I did not apply, charge, or paid for THE CREDIT ACCOUNT. c) I have never agreed to the terms and conditions, by contract or by implication, of THE CREDIT ACCOUNT. d) I have never entered any contract or agreement, by written agreement or by implication, with PORTFOLIO RECOVERY ASSOCIATES, LLC. e) I did not receive any pre-trial statements and/or notifications from PORTFOLIO RECOVERY ASSOCIATES, LLC, regarding THE CREDIT ACCOUNT. f) I lived at a different address than the address shown in statements of THE CREDIT ACCOUNT during the time period of such statements. (side note: I have rent/lease agreement and few letters mailed to a different address, where I actually lived during the 12 months of the statements) Interrogatory No. 16: State all facts upon which you base each affirmative defense to the complaint in this action. Answer: a) According to the details on statements of THE CREDIT ACCOUNT and the data sheet provided by Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC, THE CREDIT ACCOUNT belongs to someone else. I did not apply, charge, or paid for THE CREDIT ACCOUNT. c) I have never agreed to the terms and conditions, by contract or by implication, of THE CREDIT ACCOUNT. d) I have never entered any contract or agreement, by written agreement or by implication, with PORTFOLIO RECOVERY ASSOCIATES, LLC. e) I did not receive any pre-trial statements and/or notifications from PORTFOLIO RECOVERY ASSOCIATES, LLC, regarding THE CREDIT ACCOUNT. f) I lived at a different address than the address shown in statements of THE CREDIT ACCOUNT during the time period of such statements. g) I did not receive any pre-trial statements regarding consumer rights which are protected under FAIR DEBT COLLECTION PRACTICE ACT. h) I did not receive any pre-trial statements and/or notifications from PORTFOLIO RECOVERY ASSOCIATES, LLC, regarding its intention to bring legal actions against me.
  7. Hello all the great helpful members, Interrogatories and Admissions are due by tomorrow. I have them completed but I thought I should have them double-checked by the knowledgeable members here first. A little back ground of my situation: the credit card account has both my name and my brother's name as joint holders. this account is 14 yrs old so OC/JDB doesn't have the initial credit application. This credit card was used and monthly payments were made by my brother ONLY. I never used it or made any payments. BUT I AMTHE ONLY PERSON SUED BY PRA. For additional details, my initial post is here http://www.creditinfocenter.com/community/topic/322811-need-help-dealing-with-hunt-and-henriques/#entry1281529. We are on the 36 days mark before trial. And my answers to JDB are due tomorrow on the 35 days mark. if they find my answer insufficient, too bad for them because they opposed (and succeed at it) trial continuance. Please double check my answers below and let me know if my answers would be damaging to my defense.
  8. Thank you so much for your response. I started a thread last week here http://www.creditinfocenter.com/community/topic/322811-need-help-dealing-with-hunt-and-henriques/#entry1281529 The Declaration provided 2 addresses. One was Plaintiff's address which is in VA. The other one is ABC Legal Services which is few miles from the court house. I have learned a lot in this forum and I am doing exactly what the members here advised me. Court date is 37 days away (mid March), so I can't subpoena the witness yet. At this point I am trying to go through line by line of the Declaration ccp98 to poke as many holes on it as possible. Of course all the evidence are hearsay, lack of foundation. I also want to argue that the Affidavit of Sale did not comply with CCP 2015.5. JDB provided a Bill of Sale, which is very general. My name and the credit card number weren't t listed. it was not notarized. There is also an Affidavit of Sale, which was notarized, with my name and the credit card account number listed. But this Affidavit didn't have the sworn statement of penalty under perjury. I just received a letter from JDB attorney. Since I had told them this credit card wasn't mine, they sent a fraud affidavit and questionaire and requested me to complete. Basically, they assumed that I claimed fraud when I denied that I had no knowledge that this account was in my name. This letter and fraud affidavit aren't a part of Discovery, but the questions are very similar to the Admission Requests in Discovery . Should I ignore it?
  9. Thank you for the clarification. So, I can object the Affidavit of Sale right? It was notarized in FL but it didn't have the penalty under perjury statement
  10. The Declaration itself swear under penalty of perjury under the law of the State of CA. It wasn't notarized and didn't disclose the location of execution. As for the Affidavit of Sale (an exhibit to the Declaration) , it was notarized in Florida, but there was no language sworn under penalty of perjury, at all. not even in general penalty of perjury.
  11. According to legal dictionary, in order for the declaration/affidavit to be legally effective, it has to be under oath administered by a notary or authorized officer. The Declaration filed by JDB wasn't notarized and I am objecting it in my motion in limine, but I am not sure what case law/California Code/Federal code I should cite for my argument? Please help
  12. BTW, I am not due to respond their discovery for another 2 weeks. they propounded their discovery even later than me.
  13. Yes, I have, but all they sent were the same stuff as in the Declaration in Lieu of Live Testimony. they gave me same stuff over and over, which are 12 months worth of the statements (fax copies only) and some bs bill of sale and affidavit
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