intothevoid2007

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About intothevoid2007

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  1. I have no way to tell when the last payment was made....Like I said CK is showing the last payment made in June 2015 (but the account closed Nov 2012) and I have no way to tell anything (and again, I know for a fact I never paid 1 cent anytime after it was repo'd- which was in 2012) . Is there a way to get this info from anybody besides sending Santander a letter to dispute the payment in June of 2015?? My bank online doesn't go that far back (BOA). The notice of Explanation of Calculation of Surplus or Deficiency that came with the packet in the Summons is dated 12-02-12. It states on there that the vehicle was disposed of on 11-29-12 (also the date showing on my CR as the closing date of the account). It also shows the total amount of everything I owe. I will call my bank and see if I can get a copy of the month of June 2015 for proof that I never made a payment that month. Either they just missed the 4 year UCC SOL or I am still under the 5 year SOL
  2. Account per CreditKarma shows closed late November,2012.....Date of last payment was shown as mid June 1015.....I am absolutely POSITIVELY SURE that I made no payment towards this account then. The lawsuit on the Complaint is dated late December 2016..,but was not entered into the courts until mid January 2017 and I was not served until 2 days ago. I believe the SOL of limitations on a car loan is 5 years but someone said earlier that it it was 4 so I am a little confused on this. I am trying to get a hold of @LawKitty to see if she would help me......Again seems like I am hearing different time frames on these details. I know I have a pretty good chance if I can just get the paperwork correct.....
  3. Can you expand on this? I don't understand.....I thought it was a 5 year SOL in Florida on car loans...plus my last payment shows in 2015(which I know for a fact I never made) on my credit report
  4. I've heard and sent her a PM already...I am anxiously waiting for a response from her and others....I have been doing a lot of research and have a plan...I must admit that I am seriously inept and afraid of filing the wrong paperwork or making a minor error that the Plaintiff will take full advantage of......
  5. I sent you a PM..Please read when you get a chance....I actually just got served today and posted most of the info besides my name in the Is there a lawyer in the house under the title New JDB case in Florida...

  6. 1. Who is the named plaintiff in the suit? Cascade Capital LLC assignee of Santander Consumer USA Inc. 2. What is the name of the law firm handling the law suit? Rausch, Sturm, Israel, Emerson, & Hornik LLC 3. How much are you being sued for? $7701.57 4. Who is the original creditor? HARD TO ANSWER REALLY----When I signed the loan Flagship Credit Corp...which I guess sold to Santander Consumer USA, Inc along the way before I defaulted 5. How do you know you are being sued? Served yesterday (01/24/2017) 6. How were you served? In person 7. Was the service legal as required by your state? Yes 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? Seminole County,Florida 10. When is the last time you paid on this account? It's weird (account closed on 11-30-12 but last payment shows 6-13-15-I know I made no payment since the accounts been closed) 11. What is the SOL on the debt? To find out: 5 years so not in effect for me...... Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? Suit served yesterday (1-24-17) 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? No 15. How long do you have to respond to the suit? 20 days.......No questionnaire attached 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Attached were: 16a)copy of the original retail installment sales contract that I signed at the dealership (Nowhere stating Santander Or Capital). 16b) .A copy of a bottom half of a page of the Oringinal Lenholder agreement showing my signature BUT and this is a big BUT Flagship Credit (they were the original Loan company I purchased and signed the contract for) handwritten listed as the company for Finance- NOT Santander or Capital..... 16c) A copy of it looks like a mailing card (maybe?) stating send payments to Santander Consumer USA and send Correspondence to Santander USA (No payment amount No total owed and a bar code on top with a bunch of numbers underneath it....... 16d) Explanation of Calculation of Surplus Or Deficiency from Santander dated 12-2-2012 stating the amount I owe them (itemized) Here is word for word leaving out the names of the plaintiff and defendant,case number,judge: Complaint COMES NOW, The plaintiff,Cascade Capital LLC assignee of Santander Consumer USA Inc., by and through its undersigned Counsel, and sues Defendant(s), MY NAME, and states as follows: 1. This is an action for damages which exceed $5000.00 but do not exceed $15,000.00 and its within the jurisdictional limits of this honorable court. 2. Plaintiff has been informed and believes the Defendant(s), MY NAME, currently reside(s) within the jurisdictional boundaries of Seminole County, therefore making this court the proper venue to bring the instant action. 3. Prior to the commencement of this action, Plaintiff, Cascade Capital LLC assignee of Santander Consumer USA Inc., acquired Defendant's(s) account originated by SANTANDER CONSUMER USA INC. 4. Defendant(s) entered into a contract (herein after referred to as the "Contract") for the purchase of a motor vehicle, a true and correct copy of which is attached hereto as Exhibit A. 5. The contract provided that Defendant(s) make monthly installment payments for the duration of the Contract. 6. The Defendant failed to pay the monthly installment payments due pursuant to the Contract and such failure caused Defendant(s) to be in default and materially breach the Contract. 7. Based upon the default, the Contract was accelerated and the balance was declared due and owing. 8. The motor vehicle was repossessed and pursuant to applicable law, it was sols in a commercially reasonable manner. 9. The proceeds of the sale were applied to the Contract balance owed by Defendant(s). After applying the proceeds to the Contract balance, plus allowable expenses of disposition and late charges, less any unearned charges, plus contractually permitted interest, there remains a balance due in the owing amount of $5,767.36. See the attached Deficiency Breakdown, Exhibit B. Wherefore, Plaintiff, Cascade Capital LLC assignee of Santander Consumer USA Inc., respectfully requests this Honorable Court enter Judgement in its favor against Defendant(s), MY NAME, in the sum of $5767.36 together with court costs and any other just and further relief as this Honorable Court deems just and proper. Signature of the Attorneys....date....address....contact info.......... The End Any assistance would be greatly appreciated as I know there are Florida attorneys are in the house or anyone at all.....I am very nervous right now but I have been reading up on the boards....I am terrified I am going to screw the paper work uo as I have no prior experience in this and I am trying to rebuild my credit and this happens.