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Indy17 last won the day on March 23

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  1. 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?
  2. 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?
  3. Do you have advice on responding to MSJ? I have no clue on how to fight that.
  4. They said they are not pursuing legal fees in the complaint.
  5. 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.
  6. 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.
  7. 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
  8. @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?
  9. 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
  10. The affidavit says postage was paid and and put into the mail OCT 1. Date on Postage is OCT 2. @BV80
  11. I have been going over the complaint against me. I find some technical errors in the affidavit of debt and the affidavit of service. The affidavit of service does not match the postage date on the envelope. Can I motion to strike these items, and motion to Dismiss this case in one filing? I am located in INDIANA. Thanks Everyone.
  12. Indy17

    Secondary Debt Buyers - Combined Settlement?

    I don't believe the JDB's have any debt from a card that has a arbitration clause. -Citibank -Cabelas
  13. Hello, I have a 3 secondary debt buyers sending me letters from their lawyers. Is it a bad idea to make a combined settlement for debt buyers? Should I make a settlement separate from the primary creditors I still have? Thanks,
  14. How do I find "respectable" BK attorneys? @Clydesmom
  15. Thanks Clydesmom, I would form a legitimate company in WY. I have a company there already. They have laws that make in very very difficult to get personal debt from a company. I will look into bankruptcy attorneys. I just didn't have the trust factor working with them. I assumed they would pressure me to declare bankruptcy without full disclosure or investigating all other options. @Clydesmom