Annie226

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About Annie226

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  1. Submitted and pretrial date received. 30 days to prepare!!
  2. Does anyone know if I can use the fact that the jdb has reported a larger amount owed on my credit report than what they are sueing for? (They are suing for the amount on the only statement they provided.). Answer is submitted and pre trial is in 30 days. No standing was used as well as failure to state a claim.
  3. @Brotherskeeper Part of the complaint is account stated which I denied. I did not receive an affidavit with my complaint. Would an affidavit be needed by me? If not needed, suggested?
  4. @Brotherskeeper If Capital One bought HSBC's accounts, then wouldn't Cavalary be an "assignee" of Capital One not HSBC? And the "assignment and bill of sale" from capital on is dated June 15, 2012 Yet on their own exhibit it states they purchased from HSBC on 6/20/2012. I just read that HSBC sold the majority of the CC debt but not all. I will clean up my defenses, thank you. I feel pretty confident they can't prove standing.
  5. @Brotherskeeper I am not a lawyer either and am learning through books and this site as well as others. From what I read, I should support my defenses with case law and supporting information. Is this not correct? I am aware that I have to defend all of my defenses as well as if I do not state a defense now then I will not be able to later. I thought it was best to have more than less. I need help finding Michigan Case Law. I have already removed the unjust enrichment defense last night after reading more. My goal would be to send my answer, but then ultimately use the MSJ before we go to discovery. Can you suggest a strategy that has been proven to work? In my packet delivered with the summons, the attorney sent as exhibits an assignment bll of sale and Schedule 1 from Capital One bank. However, they have listed the assignee of HSBC and have 1 statement from HSBC after the account was in default. They account they are using suing on is HSBC. They attached the incorrect assignment.
  6. 1. Defendant entered into a contract with Plaintiff or plaintiff's assignor, the account/loan number of which is **********XXXX, and pursuant to MCR 2.113 f1b plaintiff's claim is based on written instrument which is not attached as it is in the possession of the adverse party. 2. Defendant defaulted under the terms and conditions of the contract. 3. Plaintiff and/or its assignor completed performance under the terms and conditions of the contract 4. As a result of defendant's default plaintiff claims breach of contract, open account, account stated, and/or unjust enrichment. 5. The original claim amount due and owing by defendant to plaintiff is XXXX.XX plus interest, costs, and attorneys fees @Brotherskeeper I have seen another post with the same complaint.
  7. I have spent the last two weeks reading on this site, reading a book, doing on-line research, the answer I have attached is what I have come up with. I will submit it along with an affidavit stating I do not owe in defense of the account stated. I am looking for advice on the attached answer. Please respond with advice if any. Thank you.
  8. 1. Who is the named plaintiff in the suit? Cavalry 2. What is the name of the law firm handling the suit? Roosen... 3. How much are you being sued for? 3XXX 4. Who is the original creditor? HSBC... however they sent capital one assignment bill of sale and schedule one with no account info 5. How do you know you are being sued? served legitimately 6. How were you served? in person 7. Was the service legal as required by your state? 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? none 9. What state and county do you live in? MI 10. When is the last time you paid on this account? statement with black out address is dated Nov 2011, 11. What is the SOL on the debt? To find out: No SOL violation 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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 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? Due Monday 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.
  9. I am being sued and have spent the last two weeks doing research. I have attached my answer but need advice! Is it too much Some basics: SOL is not violated No known FDCPA Violations No affidavit attached to summons Exhibits: plain white paper copy of purchased date with acct and contract date and last pay date HSBC account balance name and last 4 of my social but looks like I typed it (unofficial) Assignment and bill of sale with signature of Capital One (notice its wrong bank) but no account numbers either way . Who is the named plaintiff in the suit? Cavalry 2. What is the name of the law firm handling the suit? Roosen... 3. How much are you being sued for? 3XXX 4. Who is the original creditor? HSBC... however they sent capital one assignment bill of sale and schedule one with no account info 5. How do you know you are being sued? served legitimately 6. How were you served? in person 7. Was the service legal as required by your state? 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? none 9. What state and county do you live in? MI 10. When is the last time you paid on this account? statement with black out address is dated Nov 2011, 11. What is the SOL on the debt? To find out: No SOL violation 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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 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? Due Monday 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.
  10. I am new to this site...how do I create a Thread of my own? Thanks for letting me invade your thread.