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Indy17 last won the day on March 23 2018

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  1. @Harry Seaward Thanks. It is not paid in full, I am in a payment plan for this with the OC.
  2. I am getting debt collection letters for a debt that has been resolved with the primary card bank. Is this illegal for them to try and collect this debt? Should I do anything about it?
  3. thanks everyone. I called. Got them recorded on audio, and got a new agreement.
  4. BUMP. Advice? I don't trust them now that they are jerking me around.
  5. I have been to small claims court twice with these people. Made agreements with attorneys twice for 40% of the balance. Each time the phone people try to screw me. Last court appearance the attorney and I agreed to 40% paid by end of February. I've been waiting for written confirmation of this since the end of November. I call them Jan 9th. Told them send me the letter. The phone idiot was forcing me to say when I am paying, screaming at me "I need a date" I just kept telling here I will pay once I get the letter. Now I get the letter and it says, pay by Jan 15th or the entire balance is due. Complete horse ****. Obviously they are trying to screw me. I have the money. I don't know if I should pay 1. for the principle of it, 2. I don't want to get screwed on a technicality, lets say the bank doesn't send the money by then. What should I do? I was ready to put this behind me, now I want to tell them to screw off!!
  6. So I agreed to an 80% settlement with Stenger and Stenger / Captiol one. They were pretty tough. I was happy with the settlement until they told me they wanted me to sign papers entering into default judgement with the court system. I do not like this part. I wanted to avoid this with the court. I did take this agreement in earnest, I do not have plans to try and not pay and sneak away from paying. To me this is the same as losing to the court, and wonder how much better it is then actually losing . It is a $1200 difference vs to total cost. I could still fight them in court and eat up time. However, I really don't have much of a plan on fighting them. I could appeal if I lose, and attack their affidavit debt, which could be seen as not fitting the criteria required by the court. Advice?
  7. Well, they seem to have a pretty solid case against me, and I have no argument in regards to material fact to fight them. Nor do I have the time right now. I don't think losing in court is better then settling at 80% - is that the case?
  8. Do you have advice on responding to MSJ? I have no clue on how to fight that.
  9. They said they are not pursuing legal fees in the complaint.
  10. the total is $4600, so about 1,000 knocked off. They are not pursuing legal fees, and the court fees are only like $187. The contract does not have an arbitration clause.
  11. The only settlement I could get out of stenger and stenger is 80% of the balance. I only have a couple days to reply to their motion for summary judgment and I don't have any idea how to fight it. Should I just take the settlement? total of $3600.
  12. Rule 9.2. Pleading and proof of written instruments (A) When instrument or copy, or an Affidavit of Debt must be filed. When any pleading allowed by these rules is founded on a written instrument, the original, or a copy thereof, must be included in or filed with the pleading. Such instrument, whether copied in the pleadings or not, shall be taken as part of the record. When any pleading allowed by these rules is founded on an account, an Affidavit of Debt in a form substantially similar to that which is provided in Appendix A-2 to these rules, shall be attached. affidavit-of-debt.pdf
  13. @BV80 As I have said. That is in the court rules. Or at least their affidavit must be in substantial part similar to the affidavit example included in the trial rules- that has that information included. So back to my original question. Would this be a motion to strike, then wait to motion to dismiss?
  14. OK Cool. thanks for the info. It's the postage stamp though. The date is the postage itself. I'm like 99% sure postage was not paid until the 2nd of October. My other motion was to strike the affidavit of debt. The requirement per Indiana trial code says it must match in substantial part to the affidavit in the trial court laws. The affidavit they have is missing information regarding: Primary or secondary debt holder, interest rate, fees. @BV80
  15. The affidavit says postage was paid and and put into the mail OCT 1. Date on Postage is OCT 2. @BV80