robnjesk

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About robnjesk

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  1. Received a Request for Dismissal without Prejudice in the mail today. It was filed and case dismissed before we even knew what was happening. I just wanted to take a minute to thank everybody for all of their help and guidance. Especially those who have gone before and documented every paper filed, form filled out or action that needed to be done and took the time to share that information here..... ASTMedics, Seadragon, Homelessinca, Shellieh98, CCRP626, Credit_Limbo, Eyoung.... all of you!! If it wasn't for all of you I would not have worked so hard to fight this and there would be a judgement against my husband. Everybody here is so helpful, informative and takes the time to help which nowadays does not happen, most people cannot even take a second to say thank you when you hold a door open for them. I cannot express my gratitude and appeciatation enough. I will be checking back in here to "pay it forward" to help anybody else that needs it. With starting a new hectic job and having a brand new grandbaby in the home life has been crazy and this lawsuit has been weighing heavy on my mind. I am so grateful it is over with. I will sleep a little better tonight!! Thanks again everybody!!!!
  2. My husband has to go to court on 5/1 and I am confused on a few things. I sent out the ccp 96 and the day I sent that out I received in the mail a CCP1987, CCP96 and a declaration of Authorized Representative in Lieu of live testimony. The declaration is not dated but does have the correct wording as far as I have read. Attached to the declaration is 1 years of statements, a bill of sale and assignment from oc to jdb and a bill of sale and assignment from jdb to jdb, neither of which have any identifying factors of the alleged account they say my husband had. Also attached is an affidavit from a person claiming to be an employee of the OC and he lives in Missouri, this document is notarized in the state of Missouri and there is no address. ** also as a side note for the Declaration of Authorized Representative - it stated that she would be available to be served 20 days before the court date at an address that the law firm representing the JDB supposedly has which from I have read is not legal and does not follow CCP 96 rules. Okay so yesterday my hubby received in the mail the law firms answer to his ccp96 and in that their response was: 1. the name and street addresses of witnesses they intend to call at trial (except for any individual that is a party to this action) A. my husband B. Person most Knowledgeable for Unifund at an address in Cincinati Oh C. Person most Knowlegable for OC at an address in South Dakota 2. Description of each document that you intend to offer at trial and copies of each A. Affidavit from OC signed and dated by the same guy in the first set of papers attesting to the indebtedness B-O Thirteen copies of statements P. Bill of sale between oc and JDB, bill of sale between JDB and JDB and assignment between JDB to JDB Q. OC card agreement with no signature of identifying factors 3. Description of each photograph and other physical evidence you intend to offer at trial A. NA Here are my questions: 1. Do I still subpoena the witness that is supposed to be within 150 miles of the court house even though she is not listed in the second set of papers? 2. What do I do about their witness's with no name and addresses in another state? I know put in a motion in Limine but how with no name ? 3. Are they trying to trip me up right before court so I mess something up? Okay I think that is all of my questions for now. I have posted here about this case previously and gave full details but I think it is buried somewhere because it has been a while. I want to tell you all that when I first received the summons I told my husband we are not going to court. Then being the person I am I had to do some research and I found this place and all the wonderful people here who gave me the courage and the knowledge to fight back. I am forever in your debt and I will pay it forward to others who are in need. Thank you all so much!!
  3. I'm still here and kind of at a stand still. I answered their requests and have heard nothing since. My court date is not until 2015 which is coming faster then I know. Does anybody have any suggestions about what I should do now. I have heard nothing about a CMC, is this something I request or something they request? I have followed ASTMedic posts to a T up until this point and that is why I have opted to not send a MTC and "just drill them at the last second" like was stated in ASTMedics thread. I am really confused about the CMC though since I have heard nothing about that... any advice here would be greatly appreciated. Thanks to all of you for being here!!
  4. @shellieh98 I did do a pos so I wll do just that. Thank you for your quick response. They really gave me nothing in my doc request. A years worth of statements from the alleged account and that was after the balance was as high as it is and a few bills of sale from one trumped up company to another all on the same day. One of them they claim is from the OC itself which is impossible because other JDB's have said my husband owed this money as well and tried to collect on it over the years so this debt was sold years ago. The signatures on one of the bills of sale doesn't match from one to the other. It is so obvious it is a fake. Unfortunately I do not have the money to prove it. Also I looked up these companies that claimed they bought these debts and they are right across the street from the company that owns the debt now and is suing me. I also looked up thier profile and they have all of two employees. Such a scam!! Anyways I don't think they have much more then that. I have studies their threads but I am going to go back over it all again. Lord knows I have time to do it. My court date is in May 2015. Thank you again for all your advice... I appreciate it!!
  5. I was thinking about you today and wondering how everything was going with you. Please update when you get a chance!!
  6. I have a few more questions for you all.... The other day I received a meet and confer letter from the law firm stating that they did not receive the response to their request for production of documents and admissions and genuineness. I have a signed crrr that says they received it. The date they signed is 4/26 and the date the letter is drafted is 4/28. How do we handle this? Also now that we have done the first request for documents and they have done theirs what do I do now. I have read other posts where people did nothing and then other people did a second request for documents. Our court date is not for a year out yet and I just want to make sure that all is getting handled the right way. Thanks all!!!
  7. @credit_limbo thank you so much. I will be changing my answers as you suggested and send them out Monday morning. I have not done an RFA or special interrogatories. I will be searching that up next. I have done a BOP and a POD but that is it so far and they have responded to both. Onto the next step. Thank a million times thanks!!
  8. Another few interesting things that maybe some of you have run into that you could clarify for me.... I looked up the companies that are on the bill of sale and assignment papers they sent me. Both of the companies have only two employees and their addresses are right across the street from Unifund. I looked them up on google earth. I know that there have been other JDB's that have sent my husband notices on this alleged debt before 6/25/13 so how did this company buy this debt from citibank? How can I prove that these documents are fakes? Cause I know they are. As well how are they dated one day apart all of them. I just don't understand how this all works. Any insight and shared knowledge here would be greatly appreciated. Thanks all!!
  9. @shellieh98 To all of their requests for documents I put: Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available. For the response to admissions: 1. Admit that you applied for a credit card from CITIBANK, NA now bearing accout number ***********. DENIED to the extent that no application was attached hereto for evaluation. 2. Admit that you received a credit card from CITIBANK, NA now bearing account number ***********. DENIED to the extend that no admissable evidence establishing use of the proven account was appended hereto for evaluation. 3. Admit you you made payments on CITIBANK, NA credit card now bearing account number *********** within the last four years. DENIED to the extent that no admissable evidence establishing use of the unproven account was appended hereto for evaluation. 4. Admit that you became delinquent in the payments due on the CITIBANK, NA credit card now bearing account number *************. DENIED to the extent that no admissable evidence establishing use of the uproven account was appended hereto for evaluation. 5. Admit that you left a balance due and owing on CITIBANK, NA credit card now bearing account number ************. OBJECTION no admissable evidence was attached hereto which would allow the defendant to make an informed response. 6. Admit you received statements regarding the CITIBANK, NA credit card now bearing account number ************. OBJECTION Argumentative and lacking foundation. No proof of receipt of the alleged document has been introduced. Additionally, defendant cannot and is not required to verify the veracity of the plaintiffs proof. (On this one I question because they attached statements that they allege my husband received which he does not recall receiving) 7. Admit that the balance due and owed by you on the CITIBANK, NA credit card now bearing account number ************* as of February 10, 2011 was ***********. DENIED to the extent that no admissable evidence establishing use of the uproven account was appended hereto for evaluation. 8. Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest and sole ownership to CITIBANK, NA credit card now bearing account number ***********. DENIED Defendant owes Unifund, CCR, LLC nothing. Now for my answers to their 14 statements that they allege my husband received: For all 14 I answered: DENIED Defendant does not recognize nor has any recollection of ever receiving the attached document. Discovery is ongoing. What do you guys think? Should I change anything or leave it all. Thanks!!
  10. Thank you so much @credit_limbo. Your post was very informative and helpful. I still have not sent my answer to their POD or RFA yet. I am waiting a little bit to do that. Besides I am glad I waited cause now I am going to change the wording to a few of my answers. I really wish this was over already but I am up for the challenge and refuse to let them bring me down (or my hubby). I appreciate everybody here so very much and love the support and guidance that everybody shares. It is a great community of awesome people.
  11. I finally received their response to my production of documents and I have a few questions that I am hoping somebody can answer for me. 1. They objected to each demand for a number of reasons which I assume is normal??? 2. They did respond with two exhibits. The first being three bills of sale and assignment. One they state is from Citibank itself and the other two are from other jdb's. The thing I am confused about is that all of these bills of sale are dated one day apart. Is this normal? 3. When a oc charges off the debt is that when it is first sold and not in their control anymore? 4. The other exhibit is the same set of alleged statements that they sent in their pod. I still have not been sent the agreement terms or amendments for this alleged card. How do I let the lawyers know that I want the agreement terms and admentments? Thank you all for your help. You have no idea how much I appreciate all the knowledge that you share!!! Jess
  12. The documents were 14 statements they allege my husband received which like you said he does not recognize and does not remember receiving. Is that how I would respond? The jdb has still not responded to my request for production of documents and I still have yet to see any signed agreement of this alleged account. Thank you so much for your response! It took some of the pressure off of my ever expanding mind!
  13. I have been looking and looking, searching so much my eyes hurt and my head is gonna explode from all the new information it has taken in but I have found NOTHING in regards to how to answer the genuiness of documents part of the request for admission. Somebody please help!!! Thanks
  14. Yes, Unifund is a JDB and a bottom feeder. With the requests for admissions they did the admissions page and copies of statements they allege were received by my husband. How do I respond to the 14 copies of statements? Say that I have no recollection of ever receiving these statements??? I have seen nothing on here about this... Here is the admissions part and my responses: 1. Admit that you applied for a credit card from CITIBANK, NA now bearing account number ****************. No. 1: DENIED to the extend that no application was attached hereto for evaluation 2. Admit that you received a credit card from CITIBANK, NA now bearing account number ****************. No. 2: DENIED to the extent that no admissible evidence establishing use of the unproven account was appended hereto for evaluation 3. Admit that you made payments on CITIBANK, NA credit card now bearing account number **************** within the last four years. No. 3: Denied to the extent that no admissable evidence establishing use of the unproven account was appended hereto for evaluation 4. Admit that you became delinquint in the payments due on the CITIBANK, NA credit card now bearing account number ****************. No. 4: DENIED to the extent that no admissable evidence establishing use of the unproven accoun was appended hereto for evaluation 5. Admit that you left a balance due and owing on CITIBANK, NA credit card now bearing account number ****************. No. 5: OBJECTION No admissable evidence was attached hereto which would allow defendant to make an informed response. 6. Admit you received statements regarding the CITIBANK, NA credit card now bearing account number ****************. No. 6:OBJECTION Argumentative and lacking in foundation. No proof of receipt of the alleged document has been introduced. Additionally, defendant cannot and is not required to verify the veracity of the plaintiff's proof. (Im not sure on this one since they sent copies of the statements that they allege I received) 7. Admit that the balance due and owed by you on the CITIBANK, NA credit card now bearing account number **************** as of (date) was $$$$$$$$$$$$. No. 7:DENIED to the extent that no admissable evidence establishing use of the unproven account was appended hereto for evaluation. 8. Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest and sole ownership to CITIBANK, NA credit card now bearing account number ****************. (this statement takes the cake!!) no. 8: DENIED Defendant owes Unifund nothing. Does this all look good? After this part is done I just need to know how to answer the 14 copies of statements they sent and get it all typed up. I will take your advice Anon Amos and not rush. Thanks again everybody!!
  15. One more question as I am reading through these forums.... Is the Plaintiffs request for documents and their request for admissions with the years worth of statements attached and admissions page their answer to my request for production of documents? I have not received a response from them in regards to that so that is why I am asking.... Thanks again!