cowboycomedian

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  1. Clydesmom, here is an update -- I tried to contact all four law firms that you listed. The first has not responded. The second called me back so I emailed the documents in the case, and have not been able to reach them since. The third has a form on their website that you have to fill out that is very specific, but it only has creditor harassment as an option, not creditor lawsuit. The fourth has a nonexistent website. I can see why the JDBs feel so confident suing anyone and everyone -- it is almost impossible to get help fighting back.
  2. As far as I know, I have never had an account with Fleet or Bank of America or FIA Card Services. The Complaint says: Complaint On Credit Card Account Comes now Plaintiff in the above-styled action and states its complaints as follows: 1) The Defendant, a resident of this county, is subject to the jurisdiction of this Court and can be served at his/her residence address of XXX. 2) Defendant entered into a credit card agreement with the Original Creditor identified as credit card account number XXXX. Defendant received and used the credit card at issue in this action. 3) Defendant breached the credit card agreement by failing to pay as agreed and left an outstanding balance of $5XXX. 4) All rights and title to Defendant's credit card account were legally assigned to Plaintiff in writing. 5) Despite demand by Plaintiff, Defendant has failed to pay the amount due on the credit card account. 6) Defendant is liable to Plaintiff for the sum of $5XXX plus court costs. Wherefore, Plaintiff demands Judgment against Defendant in the principal sum of $5XXX, interest of $4XXX, plus court costs of $2XX.
  3. Thanks so much, Clydesmom. I have made those changes. One question -- I know I have to admit or deny the questions on the Request for Admission, but am I affirming or denying the questions on the Interrogatory as well? Since some of the responses started with Denied I was just wondering. If you have any comments on the Admission or Production of Documents that I posted, I would be glad to see those as well. Thanks again!
  4. Request For Production of Documents and Notice to Produce to Defendant 1. Produce copies of any and all correspondence which in any way pertain to this action sent to, or received from, Plaintiff. Defendant is unaware of any such documents and therefore cannot produce said documents. 2. Produce copies of any and all documents signed by you and/or the Plaintiff pertaining to this action. Defendant is unaware of any such documents and therefore cannot produce said documents. 3. Produce copies of any and all documents deemed by you to constitute a contract or agreement between the parties. Defendant is unaware of any such documents and therefore cannot produce said documents. 4. Produce copies of any and all checks or other forms of payment used to make payments on the underlying contract either made by you, or made by any other party on your behalf. Defendant is unaware of any such documents and therefore cannot produce said documents. 5. Produce copies of any and all documents that would support that you disputed the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. Defendant is unaware of any such documents and therefore cannot produce said documents. 6. Produce copies of any and all documents that you assert would support a denial of any Request for Admission of Fact that you deny. Defendant is not in the possession, custody or control of any documents responsive to this request. 7. Produce copies of any and all documents that would support any defense, claim or contention asserted by you in your Answer. Defendant is not in the possession, custody or control of any documents responsive to this request. 8. Produce copies of any and all documents that support your contention that the amount claimed by Plaintiff is incorrect. Defendant is not in the possession, custody or control of any documents responsive to this request. 9. Produce copies of any and all documents that support your defense of failure to state a claim upon which relief can be granted. Defendant is not in the possession, custody or control of any documents responsive to this request. 10. Produce copies of any and all documents that support your defense of lack of standing. Defendant is not in the possession, custody or control of any documents responsive to this request. 11. Produce copies of any and all documents that support your defense that Plaintiff does not have a valid assignment. Defendant is not in the possession, custody or control of any documents responsive to this request. 12. Produce copies of any and all documents that support your claim that the Complaint is not being prosecuted by the real party in interest. Defendant is not in the possession, custody or control of any documents responsive to this request. This one seems to be pretty straightforward, but am I missing anything? Thanks again.
  5. Plaintiff's First Interrogatories To Defendant 1. State with factual particularity the basis for your denial of each allegation in the Complaint that you deny. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for, nor receiving, nor using the credit card mentioned in the Plaintiff's Complaint. Furthermore, Plaintiff has not attached any valid written contract, bill of sale, or assignment, to the Plaintiff's Complaint that shows the alleged debt owing by the Defendant. Statute of Limitations. 2. Identify all documents that you assert constitute the contractual agreement(s) between the parties. Defendant is unaware of any such documents. See 1. 3. Identify the number of payments and amount of every payment made toward the underlying contract by you, or made by any other party on your behalf. Defendant is unaware of any such payments. See 1. 4. Identify all documents and/or correspondence either sent to, or received from, the Plaintiff or any of its agents or predecessors in interest relevant to this matter. Defendant is unaware of any such documents or correspondence. 5. Identify all persons whom you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Answer, stating for each such person his or her name, address, telephone number, and provide a brief statement of the facts as to which each such person has knowledge. Defendant is unaware of any such persons. 6. Identify all documents, by title and date, which you contend evidence or tend to support the denials, assertions and allegations as set forth in your Answer, and provide the name, address and telephone number of the current custodian for each such document. Defendant is unaware of any such documents. 7. State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny. See 1. 8. State with factual particularity any charges you disputed within sixty (60) days of their appearance on your monthly statement, the basis of any such dispute and identify all documents that support any such dispute. See 1. 9. State the amount you contend you owe Plaintiff and describe how you calculated that amount. $0. See 1. 10. Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Defendant's answer. Defendant is unaware of any such documents. 11. State each and every fact upon which you based your denial of the indebtedness claimed owed by Plaintiff. See 1. 12. State with factual particularity the basis for your defense of failure to state a claim upon which relief can be granted. Plaintiff has not attached any valid written contract, bill of sale, or assignment, to the Plaintiff's Complaint that shows the alleged debt owing by the Defendant. See 1. 13. State with factual particularity the basis for your defense of lack of standing. Plaintiff has attached no documents which demonstrate legal assignment of any debt that Defendant is personally responsible for to Plaintiff. See 1. 14. State with factual particularity the basis for your defense that Plaintiff does not have a valid assignment. See 12 and 13. 15. State each and every fact upon which Defendant claim that the Complaint is not being prosecuted by the real party in interest. See 12 and 13. 16. Please identify by name and address all persons who provided information or other assistance in answer to these interrogatories. None. Again, any comments are welcome. I am not sure if I am providing enough information, or the right kind of information. Thank you. I will post the Request for Production of Documents next.
  6. I recently received a summons to superior court in Georgia for a credit card I know nothing about. The plaintiff is Cavalry SPV and the attorney is Hanna & Assoc. I answered the summons, and now I am drafting responses to the Request for Admission of Facts, Request for Production of Documents, and Interrogatories. I am listing the questions and my answers below -- I would sincerely appreciate any advice or critiques, as this process has a very steep learning curve. Thank you in advance. Request for Admission of Facts 1. You applied for, and received, a credit card account No.XXXX from the Plaintiff. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor receiving this card. 2. You made purchases or received cash advances using the credit card, leaving a net unpaid balance on the account of $5,XXX. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember using this card. 3. When you applied for the credit card, you agreed to make at least the minimum payment due every month on the indebtedness owing by you on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 4. You received the credit card agreement attached to Plaintiff's Complaint, you understood its terms and conditions and you agreed to abide by the terms and conditions imposed thereby. Denied. There was no agreement attached to Plaintiff's Complaint. 5. You made at least the minimum monthly payments owing on the credit card account for a period of time. Denied. 6. You ceased making the minimum monthly payments on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 7. You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement. Defendant has already denied recollection of this card and therefore this question is improper. 8. You have refused to pay the principal balance due Plaintiff on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 9. You owe to Plaintiff the current past due principal balance of $5XXX. Denied. 10. You owe to Plaintiff interest on the past due balance of $4XXX. Denied. 11. You owe to Plaintiff contractual attorney's fees on the unpaid principal balance in the amount of $0. Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any legal fees claimed by Plaintiff. 12. You are legally and financially responsible to the Plaintiff for the indebtedness owing on the credit card. Denied. 13. You have benefitted, either directly or indirectly, from the use of the credit card. Denied. 14. You have not been released from liability by the Plaintiff for this debt. Defendant has already denied recollection of this card and therefore this question is improper. 15. You did not dispute any of the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. Defendant has already denied recollection of this card and therefore this question is improper. 16. There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer. Denied. 17. You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect. Admit. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the Complaint as an alleged "original creditor" and therefore has no documentation regarding any account for any purpose as defined in the complaint. 18. You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff. Denied. See 17. 19. You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted. Denied. 20. You do not have any legal factual basis for your defense of lack of standing. Denied. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the complaint as an alleged "original creditor" therefore Plaintiff lacks standing to sue Defendant for recovery of non-existent debt. 21. You do not have any factual basis for your claim that Plaintiff does not have a valid assignment. Denied. Plaintiff has attached no documents which demonstrate legal assignment of any debt that Defendant is personally responsible for to Plaintiff. 22. You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest. Denied. Defendant has never entered into any contractual agreement with Plaintiff for any reason and does not owe Plaintiff any money. 23. You have no defense to this lawsuit. Denied. Defendant preserves their right to use any defense allowed by the laws of the state of Georgia in trial and appeal. Any comments are welcome. I will post the Interrogatories next.
  7. I do have a question. The court has already set a pretrial hearing date of April 5. The Certificate of Service for the Requests and Interrogatories I received from Hanna is dated March 10 and gives me 30 days, which I assume means April 8, to be conservative. Is it in my best interest to respond before the hearing date?
  8. Thank you so much for the referrals. I had assumed that hiring an attorney from Atlanta (north Georgia) would be immensely expensive, should they have to travel down here to appear here in court, but I will certainly give them a call tomorrow. I do think I will proceed as best I can with preparing answers and requests -- at least I can do some of the work.
  9. Yes, I have heard a lot about Mr. Hanna. I did call three attorneys when I first received the summons. None of them would take such a small case. In fact, the third one told me that the consumer attorneys in this part of Georgia only handle bankruptcies, and no one would take a case like this for less than a $10,000 retainer. Which of course, I don't have. I truly don't have any knowledge of this account, by the way, and nothing in anything they have sent me so far indicates the default date on the account. I think I will have to run a credit report and see what it says.
  10. Thank you. The suit was actually filed in superior court in Evans County. The plaintiff is Cavalry SPV I, LLC as assignee of FIA Card Services. The lawyers are three men from Frederick J Hanna & Assoc. They don't say who the original creditor was, but they attached a DE state certificate stating that Fleet Bank merged into Bank of America, which then merged into FIA Card Services. They don't give a date of last payment. They are suing for $5778.86 plus interest of $4799.27 plus court costs of $257.00. Then in the Request for Admission they also mention unspecified attorney fees.
  11. That is exactly what I needed -- thank you so much for your help! I have found legal assistance difficult here -- none of the attorneys I contacted would handle a $5000 case. Unless, of course, they represent creditors -- plenty of those.
  12. Incredibly helpful -- thank you so much! I am sure more questions will be forthcoming, as I have still to answer the Production of Documents and the Interrogatories. Also, do you recommend that I send my own Requests for Admission or Production of Documents or Interrogatories? My answer to the summons was that 1) I have never seen or signed a credit card agreement, 2) SOL, and 3)ownership of the debt/control of the documents.