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About badlucksuedguy

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  1. Shellah98, Thanks for the reply. I thought asking for the jury would scare them off a bit by costing them more time and $...Rookie error? Charges were ? In a complaint 1) Midland funding,llc ASSIGNEE OF CITIBANK(SOUTH DAKOTA).N.A. address -i forgot to answer in answer to complaint by error. 2) My name and address - I affirmed 3) The defendant owes the plaintiff the sum of $11660 for unpaid balance due for money loaned to defendant by plaintiff's assignor on a credit card account. ............etc and costs of this action.- i denied Thanks Again, John
  2. I tried to understand the Civil Procedure law in Mass. but could not understand.I need help. I decided to answer the summons and mail Cert.mail in about 5 hours.I planned on using affirmative defenses :failure to state claim,stat. of Frauds,,lack of standing, reserve right to plead other defenses later and request for jury trial. Any help on this case would be appreciated. Thanks, B.L.
  3. Need some advice, please. Last time I went before pretrial conference; fill in judge used mainly....He said he would not throw out case because I did not ask for copy of records beforehand.He also stated the same for a jury trial, which I felt he was in error and I am now having a bench trial next month. My questions would be , should I ask for the records and what else with answer? (seems so) and should I ask for a jury trial. I would also like to know if I can file a motion to dismiss with or before the answer but have limited time. Complaint states basic 1) plaintiff name 2) my residence and 3) sum of 11660 for unpaid balance due for money loaned to defendant by plaintiff's assignor on a credit card account. ............etc and costs of this action Thank You, John 1. Who is the named plaintiff in the suit? Midland funding,llc ASSIGNEE OF CITIBANK(SOUTH DAKOTA).N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) LUSTIG GLASER,WILSON 3. How much are you being sued for? 11,660. 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) summons:sherriff to son at my door 6. How were you served? (Mail, In person, Notice on door) above 7. Was the service legal as required by your state? not sure but most likely Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? ? 9. What state and county do you live in? massachusetts 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) not known but confident under 6 yrs 11. What is the SOL on the debt? To find out: 6 yrs Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). served about to answer have about 10 days left 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) i may have just denied in one of their notices and sent back by regular mail 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. record as above 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 10 days left 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. none ====================================================
  4. Hello, I did not find one for Mass. Is there a bench book for that state. Thanks