TNjohn

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About TNjohn

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  1. Good advice, @BV80. Will do.
  2. @BV80 Not trying to reach or beat a dead horse but the phone number was given by "Merrick ". The envelope from "Merrick " contained an explanation letter, a single statement (which based on personal experience and from reading is very unusual for an OC to give only one and to choose one that is the closing statement showing no payments or purchases) and the equally weird "Electronic Application Form". Again, the letter said (basically) : Please find attached validation information requested. We hope you find this information useful and makes this resolved. If you should have any questions, ple
  3. Thanks @TomnTex and @BV80 Well, I guess they have my home number but no one knows it was my account unless that number was assigned to my account. This case is different one than Portfolio. It us FBCS. But still, I agree. I don't know why if this response was TRULY from Merrick, why would they include a number for me to call? That is why I feel it wasn't from Merrick, but from FBCS trying to appear to be the OC. Still early, but my opinion based on everything I've learned.
  4. Hi All! Just fishing to see if anyone has had this happen and what to do or how to proceed. I understand that every case is different. Long story short, I was recently sued (found on another thread on this site) by Portfolio in Tennessee. During that time, I received a dunning letter from FBCS (for Merrick Bank). Being busy with trial prep, I decided to DV them so the 30 days wouldn't pass. Now, on the 13th, I received the validation response from who claim to be Merrick. The only info included was a final "charge off" statement and a joke of a "Electronic Application Form" . The letter
  5. I thank you guys again and truly hope you are right @Anon Amos! I do feel better after looking up a nonsuit in the Tennessee Code. So all good and feeling great for now!
  6. UPDATE: First and foremost, I want to thank TNConsumerLawyer , ArtVandelay and Anon Amos for all the PM help! You guys are tops! And of course, thanks to everyone else fort he advise. My day started just awful! I was on time and sitting patiently when I started to get incredibly nervous to the point of near hyperventilation. I was drawing complete blanks for all my argument! It didn't get much better during first call. Two names were called and my plaintiffs lawyer stood and said, "they're on subpoena, your honor". OH NO! WITNESSES! They both went outside though when he called all on hi
  7. Thanks to everyone that has replied here! I truly appreciate all of you! Tomorrow, I will attempt to join the ranks with those of you that have defeated the JDB's in court. But if I don't emerge victorious, it will not be from a lack of information! I will post an update sometime tomorrow! Thanks again!
  8. Thank you @TNConsumerLawyer Will do! And you are correct. All I have seen to this point is the affidavit on sworn account and final "charge off" statement. No BoS. That's it.
  9. Oh....and anyone have a link to a Tennessee Motion to Strike and Motion to Dismiss? And if....IF I am able to succeed orally striking and or dismissing, will I have to fill out and file afterwards?
  10. Quick question to all.... My trial is in 10 days. As previously stated, the Plaintiff has only officially submitted their canned affidavit. Additionally, they mailed me a copy of the "final bill" of the alleged debt. My questions are these: 1. When the trial starts, do I immediately orally make a motion to strike the affidavit as hearsay? If not, when. 2. If for some reason they decide to "nonsuit" dismiss, how can I respectfully ask the court to dismiss WITH prejudice rather than the without prejudice nonsuit? I want this OVER on August 6th rather than live in fear of another summons showing
  11. Received a letter from the attorney today. It was a copy of a statement from HSBC Nevada (final statement) showing a $0 balance due to all amounts due being charged off in the "transactions " section. So now they have shared a "hearsay" affidavit and one single copy of a statement I have never seen in my life of an alleged account. Any advice on how to counter or argue the statement?
  12. Thanks to all for the replies and thanks Clydesmom:) Yes Art, thank you! I also found some other posts on the subject and yes, the judge is fair. And unfortunately no, I was unable to get a subpoena filed before the 45 day deadline. TnConsumerLawyer, yes, thanks for asking. My case is actually not in Knox, it is in Monroe...not sure if that makes a difference. I figured that they would not produce a witness...especially from CA. I know u are not soliciting, but any advice on how to attack would be appreciated.