GoodFriend

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About GoodFriend

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    MD
  1. So I am wondering if it matters that the summons/complaint has an avadavit, but there are only a couple statements attached. No cardholder agreement, no original or copy of signed cc application and/or contract. Could my friend file a motion to dismiss based on this ? Or is too close to court date (Friday) to do so ? We called to see if the OC still owns the debt and they wouldn't answer yes or no. Instead they said it was being handled by the law firm. Any last minute thoughts to help my friend ? Thanks!
  2. The original creditor is suing. My friend consulted wants to pay and have a fairly well know debt lawyer help, but the lawyer says because it's "only" 3k owing that it's not worth fighting. Thanks for your input ! I'll let him know.
  3. Ah very helpful, on the link explaining how to fill out the complaint it states "Section 4—Application and Affidavit in Support of Judgment You are not required to complete this section. If you have documents that support your case, you should complete this application. It does not take any extra time or money, and it could save you an enormous amount of time and effort" The complaint in section 4 is checked off, but not signed. So am I correct that the creditor is noteligible for affidavit judgmentsince they didnt complete that section ? My friend says he already filed a Notice of Intention to Defend. And consulted with a lawyer.
  4. Trying to advise my friend on how to proceed with CC collection lawsuit from Capital One. This is in Maryland. The complaint form for court shows attorney signature and address. In the section where it shows "application and affidavit in support of judgement" shows a check mark that 'itemized statement of account' is attached, but there is no signature or date at bottom of form for affiant. I mentioned this to my friend and he was wondering if that is needed because lawyer signed a section of the complaint elsewhere and since an affidavit is attached. Looking over the Affidavit and googling the Notary, it appears the Cap One employees are playing tag team and alternating who 'plays' the role of notary and who claims to have knowledge of the debt. Their names alternate in different documents Ive found in other CC Debt collection cases. So I am wondering two things. Is the complaint valid without actual date and signing of affiant ? Is this a clear act of robosigning and bad faith by notary/employees of Cap 1 ? Thanks.