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, please call 1-877-***-****. Sincerely, (No signature or name) PS. To protect identity, some information was erased. So are you saying that Merrick provided a phone number of the CA to me in their DV response? Again, just curious about these inconsistencies and deviation from nearly every DV I've read about.
  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 was not signed even though it said 'Sincerely,". It also stated if I had any questions about this, I could call at 1-877-***-****. Here is the funny part. The number does NOT EXIST on any database. It is not listed anywhere on the Merrick website. My wife blocked our number and called three different times and unfortunately couldn't understand the people that answered but was 100% sure "Merrick" was not said. Anyone ever get validated with so little info by/from an OC? I read on here all the time about years worth of statements being sent by the OC. All they had was the same one a JDB will eventually have in court. Even the Electronic App was weird. Sure it showed my name, address, DOB (random info), but it showed I was approved for $2300 card with only $250/month income. Could this be a trick by FBCS trying to scare me into settling by showing the OC? Even the letter was weird....Merrick letterhead, but the logo was black and white. Strange or common???
  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 his list to talk. Then they came back. Once the attorney returned, he saw them and came and spoke to them. I heard him say "you are welcome to leave now." So apparently, they were not witnesses. Big relief as of all my studies, planning, triple copies of everything....I forgot to bring ANYTHING about IF they had a witness. Anyway, I then felt a little better. Then the attorney jumped up and said something to the judge with my name in it. The judge then asked me to come up. My heart was pounding and I thought I was going to throw up. I couldn't breathe! Xanex.....take me away! I took my place and their attorney began telling the judge the history of this action. Then said, "I just got word this morning that the business custodian was not available" (Good call TN ConsumerLawyer!)and then immediately asked for a continuance. Here is the thing. My judge narrowly lost the election in May and leaves the bench on September 1st. I had a pretty good rapport with him. So when he asked if I was okay with their motion, I responded "NO! I am not, your honor! I move for a directed verdict." The judge said he would grant my motion but wanted me to understand that it would be without prejudice and that the plaintiff could re-file within a year. Right then, their attorney chimed in with "Case withdrawn, your honor. Voluntary nonsuit." to which the judge said "granted". Of course I would have preferred with prejudice or even without, making them appeal to Circuit which they most likely would not have done. And more experience and hindsight makes me sick to know I should have argued more for the former, but a nonsuit is still a win in my book. I am sure I will see another summons as the SOL is up in 14 months. Thanks again to all!
  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 up in a few months. Thanks!
  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.