azy123

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About azy123

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  1. Ok, revised! Not sure if this means anything, but I pulled my credit report and lvnv is listing a dollar amount on there for more than I'm being sued for . About a 170$ difference actually. What gives?
  2. Ok. Here is a rough copy of my answers so far. I am unsure if I answered 14 correctly...along with some of my others lol. Btw, I borrowed you example @Savoir (No worries, I did so on my own) [snip]
  3. Ok. I was thinking it had to be more technical than that. I will do my best to answer these. I will post my answers when I complete it. I'll type up the form myself and go from there. Thanks so much for you help and patients so far!
  4. I'm not really looking for something to copy or anything. I'm just looking for something to get an idea of how others answered allegations to get myself on the right track. Example would be how someone would go about answering 1-3. I wouldn't want to admit to #3 even though the amount is under 25k, correct? How would someone go about supporting their denial of this? Could I simply deny #2 by saying "the address provided is incorrect"? I feel as though I should be citing rules/law for every answer I give. But I'm just lost on what to actually cite. Answering has me completely confused. I can find examples of how people answered, but not how they answered the exact complaint. I'm looking for something I can see side-by-side. Am I making sence? I also found this, and assume this is what I'm supposed to pick up from the court for answering. I'm glad it's available online though! http://courts.mi.gov/Administration/SCAO/Forms/courtforms/generalcivil/mc03.pdf#page=1&zoom=auto,0,140 Thank you for providing me with that template! Sorry for my rambling, I'm just a bit confused.
  5. I figured as much. Is there any straight forward examples out there that show how someone answered to a complaint? I'm still looking myself, but I figured someone might have something bookmarked to save some time.
  6. @Savoir I will be sure to give them the correct address when I send them my answer. I wouldn't mind sitting in on a few cases, but I work more than 40 hours a week and am a attaending college currently. I just don't know where I would find the time, let alone if my schedule would cooperate with the courts case times. I'm not scared to go to court. I have sat in for jury duty before, but I doubt that helps in this matter. I live in a very small community and I just don't know how often cases like mine actually appear in court. Would it be worth requesting a validation of debt?
  7. Great read. I feel like I understand a little more on how I should answer. @Anon Amos Agreed, I just hope I have enough time to learn everything to be able to answer effectively. @RyanEX Thanks for the link. I'm pretty positive they don't know how to contact me. They have my address wrong on the complaint even. I don't think they have any way to contact me honestly.
  8. @Savoir @RyanEX I want to try to stay on top of this and one step ahead. Any suggestions/links/experiences are greatly appreciated and encouraged.
  9. I have read the post by BMC100, It was very informative, but I am still very foggy on the whole process and much of the legal terms. Thank you for the links you provided. I will read through them tomorrow as I'm pretty tired right now. It's been a long Friday on top of getting served! Lol! Is there anything else I could supply or say that would be usefull to you wonderful people?
  10. I think that is exhibit A? I'm unsure. Can I just scan and upload it? My fingers are tired! lol
  11. Jurisdictional Allegations - 1. plaintiff is the assignee of defendant's victorias secret account issued by world financial network national bank. (WFNNB) 2. upon info and belief, defendant, resides at [address] (they have the wrong address) 3. the amont in controversy , exclusive of interest and costs, is less than 25,000. 4. on nov 10, 2007 defendant opened account with WFNNB. an agreement ("agreement") was delivered to defendant and to the best of plaintiffs knowledge, is in defendants possession. 5. defendant accepted terms of the agreement by use of the account 6. defendant failed to make payments as agreed upon and the account is in default. 7. as of dec 17, 2013 there was due and owing the sum of 923.22, as is more fully set out in plaintiffs affidavit of account attached as exibit A and account statement attached as exhibit B. 8. despite repeated demands, defendant have failed to pay the amount due the account is in default. 9. to avoid substantial injustice, defendant should be required to repay plaintiff the sum due. Count 1 - breach of contract 10. plaintiff restates and realleges paragraphs 1 through 9 herein. 11. defendant is in breach of contract by failing to pay as agreed upon and there remains an unpaid balance of 923. Count 2 - account stated 12. plaintiff restates and realleges paragraphs 1 through 11 herein. 13. defednant received statements on the WFNNB account and failed to object to the accuracy of these statements. 14. the account has become stated between the parties. plaintiff requests a judgement in its favor and against defendant in the amount of 923, plus interest,costs and such other relief as may be appropriate. [signature] exhibit A - 1. I am anauthorized rep for lvnv. I am authorized to make this affidavit on its behalf, and the info below is true and correct to the best of my info and belief based on the plaintiffs business records. 2. I have personal knowledge regarding plaintiffs creation and maintenance of its normal business books and records, including cmputer records of its accounts receivable. this info was regularly and contemporaneously maintained during course of the plaintiffs business. 3.In the ordinary course of business, plaintiff regularly acquires revolving credit accounts, installment accounts, service accounts, and/or other credit lines. the records provided to plaintiff have been represented to include info provided by the origional creditor or its successors in interest. such info includes the debtors name, ssn, account balance, the identity of the origional creditor and the account number. 4. to the best of my knowledge and belief, the defendant is not a minor or mentally incompetent person. 5. based upon the business records maintained on account [x] which are a compilation of the info provided upon acquisition and info obtained since acquisition, the account is the result of the extension of credit to [me] by WFNNB on or about 11/10/2007 (date of origination). said business records further indicate account was then owned by ncop xi, llc, that ncop xi, llc later sold and/or assigned portfolio [x] to plaintiffs assignor wich included the defendants account on 8/30/2011 (date of assignment) and on the date of assignment, all ownership rights were assigned to, transferred to, and became vested in plaintiff, including the right to collect the purchased balance owing of 923. I affirm under penealty of perjury that the above facts are true and correct. [signatures] Exhibit B - typed up account statement. contains issuer (WFNNB) My address, which is some place I've never lived. Account # statement prepared on behalf of lvnv based on records from WFNNB. not origional statement.
  12. 1. Who is the named plaintiff in the suit? Lvnv Funding LLC 2. What is the name of the law firm handling the suit? Stenger & Stenger 3. How much are you being sued for? 900$ 4. Who is the original creditor? (if not the Plaintiff) (world Financial Network National Bank) 5. How do you know you are being sued? (You were served, right?) Physically served at work 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) within limits still 11. What is the SOL on the debt? To find out: 6 years 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). suit served? 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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. No. I never knew they were trying to serve me. 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? 21 days. Count 1) Breach of Contract. Count 2) Account Stated 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An Affidavit (exhibit A) And a cheaply computer generated "account Statement" (exhibit B ) (looks like something any person could type up in MS Office)
  13. @Clydesmom (D) Expiration. A summons expires 91 days after the date the complaint is filed.However, within those 91 days, on a showing of due diligence by the plaintiff inattempting to serve the original summons, the judge to whom the action isassigned may order a second summons to issue for a definite period not exceeding1 year from the date the complaint is filed. If such an extension is granted, the newsummons expires at the end of the extended period. The judge may impose justconditions on the issuance of the second summons. Duplicate summonses issuedunder subrule (A) do not extend the life of the original summons. The running ofthe 91-day period is tolled while a motion challenging the sufficiency of thesummons or of the service of the summons is pending.(E) Dismissal as to Defendant Not Served.(1) On the expiration of the summons as provided in subrule (D), the action isdeemed dismissed without prejudice as to a defendant who has not been servedwith process as provided in these rules, unless the defendant has submitted tothe court's jurisdiction. As to a defendant added as a party after the filing of thefirst complaint in the action, the time provided in this rule runs from the filing ofthe first pleading that names that defendant as a party.(2) After the time stated in subrule (E)(1), the clerk shall examine the courtrecords and enter an order dismissing the action as to a defendant who has notbeen served with process or submitted to the court's jurisdiction. The clerk'sfailure to enter a dismissal order does not continue an action deemeddismissed.(3) The clerk shall give notice of the entry of a dismissal order under MCR2.107 and record the date of the notice in the case file. The failure to givenotice does not affect the dismissal.(F) Setting Aside Dismissal. A court may set aside the dismissal of the action as toa defendant under subrule (E) only on stipulation of the parties or when all of thefollowing conditions are met:(1) within the time provided in subrule (D), service of process was infact madeon the dismissed defendant, or the defendant submitted to the court'sjurisdiction;(2) proof of service of process was filed or the failure to file is excused for goodcause shown;(3) the motion to set aside the dismissal was filed within 28 days after notice ofthe order of dismissal was given, or, if notice of dismissal was not given, themotion was promptly filed after the plaintiff learned of the dismissal.(G) Exception; Summary Proceedings to Recover Possession of Realty. Subrules(D), (E), and (F) do not apply to summary proceedings governed by MCL 600.5701-600.5759 and by subchapter 4.200 of these rules.------------------------------------------------------------------------------------------------------------------------------------------------------------------------If I'm understanding this correctly, if they can't physically serve me within 91 days, that it will be dismissed?http://courts.mi.gov/courts/michigansupremecourt/currentcourtrules/1chapter2civilprocedure.pdf @rule2.102
  14. Can I still request debt validation from lvnv? Also wasn't able to locate the case on line. Should I just go pick up the summons so I chance the default judgement?