Mrs. Defendant

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Posts posted by Mrs. Defendant

  1. Sure can!

    I have never seen so many admissions questions, so I am concerned about missing something and them getting me on a technicality.

    The following questions confuse me the most (the rest I think I can figure out, especially with your help above).

    Quote

    10. Defendant did not notify bank of any duties or obligations which defendant believed bank failed to perform pursuant to the contract. 

    11. Defendant did not provide bank with notice of any objection relating to the accuracy, quality, delivery, fitness, or merchant-ability of such goods, services, cash advances or transfers acquired with the subject credit card in a timely or in any other manner.

    12. Defendant did not reject goods, services, cash advances, or transfers, or any portion thereof, acquired with the subject credit card, in a timely or in any other manner.

    13. Defendant never notified bank by telephone, in writing, or in any other manner that any credit card issued by bank to defendant had been lost, stolen or was being used without defendant's permission.

    14. Defendant did not object or protest, in writing or otherwise, to the amount billed in any invoice or billing statement sent to the defendant after each monthly billing period.
     

     

    I have no proof of course, but we have been in dispute of this debt since it first occurred. I remember spending long hours on the phone with the bank, etc. Is it worth bringing up?

    Quote

    18. For good and valuable consideration, plaintiff purchased defendant's credit card account and contract as described in plaintiff's complaint.
    DENIED.  Plaintiff has presented no true and verifiable evidence of purchase of any account belonging to Defendant beyond hearsay.
     

    For this one, the bill of sale chain they provided is hearsay? 

    And here is a redacted request for production that they sent. They technically don't ask for any info like credit reports, etc. What would be your suggestion to tackle this?

     

    Production request.jpg

  2. On 11/13/2016 at 10:44 AM, Clydesmom said:

    It is likely a credit from the issuing creditor for some reason (i.e. a deposit on a secured card etc.) and Midland and other junk debt buyers are INFAMOUS for claiming this is a payment which resets the SOL.  It is NOT but you need proof that you as the consumer never made the payment therefore it had no affect on the SOL  As @BV80said check your bank records and get copies of the December statements showing a payment of that amount was not made from your account.

     

    Okay, in the process of doing this, assuming the banks I had accounts with in 2010 will cooperate. We were living in a different state at the time, using local banks with accounts that have long since been cancelled. 

    I am running out of time to respond to admissions and want to answer the questions without falsely incriminating myself. As for their request for the production of documents, I should definitely include a copy of the credit report that shows the last date of payment on the account, but how on earth do I word any of this without admitting the debt, either on admissions or discovery? 

    If I do hear back from the banks, I can file the amended documents (additional discovery) at a later time, right?

  3. Thanks very much, Clydesmom! I appreciate your help.

    My biggest concern is that according to credit report, the last payment on the account was in July, 2010 (which would put it outside SOL), but they have a document claiming a payment was made in December 2010 (within SOL, although I know we never made that payment. It sounds fishy since it was done 2 days before the account was charged off and sold to the first JDB). Also, they claim we never protested the charges, which in fact, we did. All charges on this account were fees/late charges due to a mistake on the bank's part that they refused to fix. But since all correspondence was over the phone to the bank, I'm sure those records are long gone.

    Anyways, I am just confused on what to admit, both in the request for admissions, or in the document discovery. I don't want to lie, but I also don't want to give them the legal equivalent of a big hole in the wall. I would have to send them a copy of the credit report, right?

  4. I originally posted my case here, but I think that was the wrong portion of the forum to post in, since it doesn't seem to be very active:

    Immediately after filing our answer, we received a "debt validation" through the mail:

    -An alleged account statement showing a payment by us 2 days before account charge-off. (why would we make a payment 2 days before they charged it off? I thought charge off happened 6 months after last payment). Plus 2 additional account statements. 

    -A bill of sale between the original bank and the first JDB, and a bill of sale to Midland funding.

    -A run of the mill credit card agreement, but no signed contract.

    We also received a request for admissions and production of documents. I have checked the forums, but can find no admissions templates that apply to our case.

     

    Quote

    Plaintiff's first request for admissions:

    1: Defendant is an individual residing in Washington County, Oregon.

    2.The last 4 digits of defendant's SSN are XXXXXX.

    3.Defendant entered into a contract with bank for a credit card.

    4.Bank ("bank" not named by me due to not wanting to type it every time it is used here, lol) issued a credit card to defendant under account number XXXXXXXXXXXXX.

    5. The credit card was issued to defendant subject an agreement to repay any and all credit extended on defendant's behalf.

    6. Defendant used the credit card to purchase or lease goods or services, or transfer balances from other credit card accounts.

    7.Pursuant to contract, defendant promised and agreed to pay bank its court costs and collection costs in the event of a default as permitted by law.

    8. Bank has performed all of its contractual duties and obligations to defendant pursuant to the contract.

    9.Defendant received each and every monthly billing statement for the above referenced account.

    10. Defendant did not notify bank of any duties or obligations which defendant believed bank failed to perform pursuant to the contract.

    11. Defendant did not provide bank with notice of any objection relating to the accuracy, quality, delivery, fitness, or merchant-ability of such goods, services, cash advances or transfers acquired with the subject credit card in a timely or in any other manner.

    12. Defendant did not reject goods, services, cash advances, or transfers, or any portion thereof, acquired with the subject credit card, in a timely or in any other manner.

    13. Defendant never notified bank by telephone, in writing, or in any other manner that any credit card issued by bank to defendant had been lost, stolen or was being used without defendant's permission.

    14. Defendant did not object or protest, in writing or otherwise, to the amount billed in any invoice or billing statement sent to the defendant after each monthly billing period.

    15. Defendant failed to make all agreed upon payments to bank.

    16.As a result of defendant's failure to make payments to bank, defendant's account has an outstanding balance of XXXXX.

    17. Plaintiff is an entity as described in Plaintiff's Complaint (wtf?)

    18. For good and valuable consideration, plaintiff purchased defendant's credit card account and contract as described in plaintiff's complaint.

    19. Bank fully assigned its rights under the contract to the plaintiff in the sale of defendant's credit card account and contract.

    20. As a result of the sale of defendant's account to plaintiff, any monies owed on the bank account are now owed to plaintiff.

    21.Defendant has not made any payments or caused any other payments to be made on its indebtedness on the above described balance ot the credit card account for which credit has heretofore been given.

    22.The documents attached hereto as exhibit A are genuine and accurate copies of the account and billing statements for defendant's credit card account and contract as described in plaintiff's complaint.

    23. The document attached hereto as exhibit B is a true and accurate copy of the terms relating to the credit card account issued to the defendant as described in plaintiff's complaint.

    24. The document attached hereto as exhibit C is a true and accurate copy of the chain of title for plaintiff's purchase of debt and contract.

    Yeesh. That is a wall of text. If anyone would be able to help me figure out what to say here, it would be much appreciated. I haven't seen any examples with so many requests in the forums, hence my post. Thanks :)

     

     

     

  5. On 10/11/2016 at 5:06 PM, Clydesmom said:

    would file a counter claim for the flagrant violation of the FDCPA:  taking an action they cannot legally take/filing the suit after the SOL expired.  I would also add up all those calls to cell phones and tack on a TCPA claim for $500 per call to drive up the amount to the max allowed in small claims if that is where they filed.

    Well, the answer has been filed with the county clerk with plenty of time to spare (We used one of the cookie cutter answers  posted by Huey Pilot), with a copy sent to our friendly neighborhood bottom-feeders.  Today I received a call from the law firm handling the suit, but the number is blocked, so I didn't answer it. Why are they still calling me and not my husband (alleged owner of debt)? weird. Probably more threatening or trying to get us to settle B.S.

    I have no idea how to file a counter-claim, and after the expense of filing an answer, I don't think we can afford much more of this. Our justice system certainly appears to be rigged in favor of those with the money to defend themselves... *sigh*

    I have tried searching these forums for the next course of action, but I am hopelessly confused. Does discovery come next? Mandatory arbitration? I have no idea.  Washington County is so confusing.

  6. Hello everyone, I am hoping I can ask for your help. 

    On October 5th,  my husband was served a summons/complaint regarding a long closed credit account from Wells Fargo. It has been over 6 years (our state's SOL) since the last activity on the account, so it should be a time barred debt. The account was in his name only, but I am doing all I can to address this promptly and thoroughly for him since he is always working. 
    We called a local consumer rights attorney for a free consultation, but he didn't seem to think we should file an answer. He said that we should mail a certified letter to the lawyer who filed the suit/served the papers, informing him of the time barred debt (with proof), but I am confused about this approach. This assumes that they won't continue to press their suit, and from what I understand, these guys are relentless, time-barred or not. Also, wouldn't any correspondence confirming any knowledge of the debt, or the proof from my husband's credit report timeline restart the SOL? 
    I have been browsing the forum, and found enough helpful information that I understand a bit more about our rights, and filing an answer, I just need an idea of what to do next.
    We're not very good at "legal-ese", so please go easy on me
    Thanks very much! :)

    1. Who is the named plaintiff in the suit? 

    Midland funding, LLC. (sorry about the following quote, I don't know how to get rid of it)

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     2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
    Gordon, Aylworth & Tami.

     3. How much are you being sued for?
    $2,900.00 plus "plaintiff's costs and disbursements incurred". I'm amazed no interest was mentioned.

     4. Who is the original creditor? (if not the Plaintiff)
    Wells Fargo Bank (credit card).

    5. How do you know you are being sued? (You were served, right?)
    Served.

     6. How were you served? (Mail, In person, Notice on door)
    In person.

     7. Was the service legal as required by your state? 
    Yes.

     8. What was your correspondence (if any) with the people suing you before you think you were being sued?
    My husband has had zero correspondence with them, minus receiving letters threatening legal action unless they are paid in full. They have consistently been calling my phone looking for him/even my mother's home phone, but we always hang up.
     
    9. What state and county do you live in?
    Washington County, Oregon.

     10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
    July-August 2010.
     
    11. What is the SOL on the debt? 
    6 years.

     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).
    Suit served.  At this point, the case is simply waiting on my answer.

    13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
    Yes, my husband has disputed this account every year with the credit bureaus.
     
    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?
    30 days from the date of service (10/05/2016).

    16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
    Nothing, just a cookie cutter statement.

    17. Read this article:
    Okay.
     

    The following is the summons/complaint received.

    Quote

    Complaint: Breach of Contract

    for a claim less than $10,000 subject too mandatory arbitration

    Total claim: $2.900

    1. Plaintiff is a limited liability company, which good and valuable consideration perchased Defendant's Wells Fargo Bank, N.A. credit card account and contract and all of the associated rights thereunder.

    2. Defendant, an individual residing in Washington County, Oregon, entered into a contract with Wells Fargo Bank, N.A. for a credit card. The card was issued to Defendant under the acct. number XXXXXXXX.

    3. Wells Fargo Bank supplied the card to the Defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fees.

    4. Defendant thereafter used the card and became indebted to Wells Fargo Bank.

    5. Wells Fargo Bank performed its obligations under the terms of the contract.

    6. Defendant breached the contract by failing to make payments as agreed. As a result, defendant's card account was charged off for delinquency in December 2010 (I'm assuming that's when Wells Fargo first sold the account to the first debt collection agency).

    7.As a result of the breach, defendant is indebted to plaintiff in the sum of 2,900.00. Plaintiff is also entitled to actual costs and disbursements.

    Wherefore, Plaintiff prays for judgment against Defendant as follows:

    1. The sum of $2,900.00

    2. Plaintiff's costs and disbursements incurred therein.