P505

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About P505

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    New Mexico
  1. I'll still stay on here and keep everyone updated As for now though I have the requests that I was provided with typed up and will take everything that I have with me to the consultation. I'm pretty sure as I keep doing more research and working on my defense I will have more questions. Again I can't thank this site enough for the knowledge I've acquired thus far.
  2. They filed complaint couple months before the 4 year mark from date of last payment. So no defense on SOL..
  3. Thank you Clydesmom!.. your info turned me on to someone who "might" help. His secretary said "help" not represent though. Every consumer Attorney in my town all said they can only help me if I'm filing for bankruptcy. I have consultation on Tues. with this guy, hopefully he can help.
  4. I can't thank you enough for helping me with this. It's been stressing me out. I will work on these tonight and hop back on here tomorrow with update.
  5. Thank you guys for helping me this is the 1st time ever dealing with the courts, besides for child custody issue which never made it to court. I am trying my hardest to learn as much as possible so I can represent myself because no attorneys work on collection issues in my area.
  6. Another Ques. Should I send in Request for documents while I'm working on interrogatories and admissions or wait and send them all together?
  7. This is what I have so far, tell me what you think. And if there is anything I should add. STATE OF NEW MEXICO SAN JUAN COUNTY MAGISTRATE COURT Autovest, L.L.C., Plaintiff, No. D-xxxx-xx-2013-xxxx vs. xxxxxxxxxxxxx, Defendant. DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF TO: Autovest, L.L.C. c/o xxxxx xxxxxx Machol & Johannes, LLLP XXXX Xxxxxxx Xxxx XX, xxx Albuquerque NM XXXXX COMES NOW Defendant, Defendant requests the Plaintiff produce the following documents for copying and inspection within thirty (30) days from service pursuant to Rule 1-034, NMRA. For the purposes of these document requests, the following definitions and instruction apply: The term “document” includes, but is not limited to, written, typed, printed, electronically recorded, or reproduced letters, memoranda, notes correspondence, conversations, documents, contracts, diaries, records, statements, reports, photographs, computer tapes or disks, compilations, and all other recorded information, as well as anything attached, clipped or connected thereto, known to Plaintiff and/or agents of Plaintiff whether or not such information is in the custody, possession, or control of Plaintiff or Plaintiff’s attorneys. This definition includes, but is not limited to, any drafts, duplicates or other copies of the above defined documents. If the Plaintiff or any agents of the Plaintiff , including attorneys, are aware of the existence of any document within the scope of these document request, which is not within the custody, possession, or control of the Plaintiff, please identify any such document in a written response to the request for the production of the document. In identifying a document in this fashion, it is requested that the following information be provided: the name, address and telephone number of the person who has possession, custody, or control over the document; a brief summary of the nature of the information contained in the document; the date of the document; and the name of the person who prepared the document. These requests for production of documents are continuing. In the event that the Plaintiff or Plaintiff’s attorneys become aware of any document within the requests set forth below, after the Plaintiff ’s production of documents, such additional responsive information shall be immediately furnished to Defendant. If any document is not being produced in response to these requests for production of documents, based upon claim of privilege, it is requested that the Defendant note the nature and reasons supporting the claim of privilege and identify the document so that the claim of privilege can be evaluated. REQUESTS REQUEST NO. 1: Attach copies of all exhibits or documents that you plan to introduce into evidence at trial. RESPONSE: REQUEST NO. 2: Please provide a contract, agreement, assignment, or other means of demonstrating that the Plaintiff has the authority and was legally entitled to collect on the alleged debt. RESPONSE: REQUEST NO. 3: Please furnish reasonable proof, such as an original, or copies of the assignment agreement or assignment agreements, transferring the alleged contract and/or account in question from Wells Fargo Bank over to Autovest LLC to show an Assignment has been made and that Autovest LLC are the real party in interest. RESPONSE: REQUEST NO. 4: Please provide evidence /proof of the Defendant’s alleged debt to Plaintiff, including specifically the alleged contract, between the Plaintiff and Defendant or any other instrument constructed solely for the purpose of creating a loan agreement between the Plaintiff and Defendant bearing Defendant’s signature and/or Please produce the contract that legally requires the Defendant to pay the amount entered into complaint. RESPONSE: REQUEST NO. 5: Please provide the original or copy of the account agreement that states interest rate, grace period, finance charge, assignment, and specifically the State Laws that the agreement and account are governed plus other important facts. RESPONSE: REQUEST NO. 6: Please provide evidence of authorization of Plaintiff to do business, create loans, issue or extend credit, collect debts and/or operate in the State where the Plaintiff conducts their business. RESPONSE: REQUEST NO. 7: Please provide evidence of authorization of Plaintiff & Attorney to do business, create loans, issue or extend credit, collect debts and/or operate as a financial business in the State of N.M. RESPONSE: REQUEST NO. 8: Please provide a document or document(s) that proves you did send the Defendant a notification of assignment of the account or assignment of rights. RESPONSE: REQUEST NO. 9: Please attach copies of all statements generated while this alleged account was open with Plaintiff. RESPONSE: REQUEST NO. 10: Identify each Credit Reporting Agency (credit bureau) to which the Plaintiff reported Defendant’s debt and the dates of each such report. RESPONSE: REQUEST NO. 11: Please attach any and all notices sent to Defendant by Plaintiff in regards to account announcing transfer and/or assignment of credit card account from Plaintiff to any collection agency or collection attorney. RESPONSE: REQUEST NO. 12: Please attach a copy of the agreement with Plaintiff that grants Machol & Johannes Attorney(s) the authority to collect this alleged debt. RESPONSE: REQUEST NO. 13: Please attach a copy(s) of letter (s) sent to defendant by Certified Mail., demonstrating an attempt to collect on the alleged debt. RESPONSE:
  8. I just realized when back over complaint they are not coming after me for breach of "written" contract. "The Plaintiff claims the right to recover from the Defendant under one or more of the following legal theories: Breach of Express Contract, Breach of Implied Contract, Quantum Meruit, Account Stated and Unjust Enrichment." Does that mean they probably don't have the original contract?..
  9. Sorry for the delay had to pull double shift.. Question 1 - what's my next step? Do I wait for MSJ to be filed by OC? Or do I file for production of documents?
  10. I will post some questions shortly kind of busy at work.
  11. Thank you.. and yes I have a ton of questions.. I did not file opposition to the motion to vacate because the Judge signed order only 10 days after it was filed.. I was still in the process of preparing one..
  12. Part of that 19 thousand was for attorney fees in deficiency notice. so I'm assuming the difference is that they left that amount out in complaint.
  13. 1. Who is the named plaintiff in the suit? Autovest LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Machol & Johannes LLLP 3. How much are you being sued for? $17,114.11 plus $10,454.67 intrest/ attorney fees. TOTAL - $27,568.78 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Auto 5. How do you know you are being sued? (You were served, right?) Summons & Complaint 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 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? Zero.. No communication prior to Complaint 9. What state and county do you live in? N.M., San Juan County (11th Judicial District) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Last Pay Date - Oct. 29th 2009 11. What is the SOL on the debt? To find out: 6 years on written contract (4 years on verbal contract) 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 Summons/Complaint for Money Due - 5/25/2013 Responded to Complaint W/Affirmative Defenses and requested dismissal - 7/8/2013 Dismissed without Prejudice Due to Lack of Prosecution - 2/20/2014 Motion to Vacate Dismissal and Reinstate (states Plaintiff plans to file Dispositive Motion when reinstated)- 3/20/14 Order Granting Plaintiff's Motion to Vacate Dismissal and Reinstate - 3/31/2014 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Debt was "Charged Off" by Wells Fargo when I checked my credit report. Said Charged Off in Oct. 2009 so I figured they gave up or sold truck and got enough off of it to satisfy them. No other negative marks are on credit besides Machols & Johannes running credit prior to filing complaint. 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 sent letter requesting Debt Verification after I recieved complaint. They did respond telling me: Original Debtor Original Account number Contract date (11/16/2007) Charge off date (10/5/2009), Last Pay Date (10/29/2009) Loan agreement (which just looks like paperwork for Warranty,Vehicle Registration, and agreement between the dealership and myself.. Nothing between me and Wells Fargo..) Deficiency Notice Stating that Deficiency balance due was $19,907.34 after selling truck for $11,400 (which I never originally recieved) 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? Already Responded No Interrogatory recieved Claims on Complaint: Defendant executed a loan agreement, promissory note, credit agreement, enrollment agreement and/or lease (the "Agreement"), payable to or for the benifit of the Plaintiff's assignor to evidence the credit extended. Plaintiff claims from the Defendant the amount of $17,114.11, plus intrest ( as allowed by law) as of the date of the Complaint of $10,454.67, and reasonable attorneys' fees, plus court costs, along with continuing intrest at the rate of 16.79% per annum. Plantiff's claim arises from the Defendants failure to pay the liquidated balance due on account number xxxxxxxxxx. The Plantiff claims the right to recover from the Defendant under one or more of the following legal theories: Breach of Express Contract, Breach of Implied Contract, Quantam Meruit, Account Stated and Unjust Enrichment. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No Evidence at all was attached with Complaint. Just papers saying "This letter is to provide you with our contact information and to provide you with an opportunity to make voluntary payment arrangements on your account." It goes on to say that it is "not part of a legal pleading and this letter is not part of the Summons and Complaint".