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bk85 last won the day on June 19 2018

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  1. Just an update. An Attorney hired by the Attorney representing Velocity Investment appeared at pretrial. The Judge openly admitted that he has never sent a case to arbitration and didn't know how to proceed. I ended up walking out of there with a motion to stay. The judge agreeing to 60 days to file the arbitration. Velocity investment agreeing on the record to pay all arbitration fees including advancing the filing fee. Plus once the arbitration starts the Judge agreed to dismiss the case with prejudice. So to work i go on filing the arb.
  2. So i got this in response to my notice of arb election. I have not even filed a MTC yet. So my question is: Do i still have to file MTCA if we both agree to arb before Pretrial? Or should i have a Order ready for the judge to sign at pretrial to stay? Response attached. velocity response redacted.pdf
  3. Yes it is attach in the complaint and provided (velocityredacted.PF) above.
  4. Date of loan: June 16th, 2016 Date served: December 27th, 2019 Amount : $4275.00 Original creditor: Avant Webbank JDB: Velocity Investments LLC Law firm: Berndt & Associates P.C SOL: 6 years Looking for any help with this case. I have 21 days to file an answer. Any help would be greatly appreciated. I have included everything they provided me at time of service. Redacted ofcourse. Velocityredacted.pdf
  5. After careful consideration of all my financial debts which amount to 20k-ish and further cost of litigation i have opted to file chapter 7. I am below poverty with my family size so it should go smoothly. Thank you all for your advice comments.
  6. So today i received: Amended complaint and agreement.( This agreement does have my name on it and it only says bksales as the business name) So i dont know where he is going with bksales.us. It is only a merchant agreement but he is trying to say it was a dba. I have never had any such dba. Nor is any such dba registered anywhere i know of. Also an attached wois.net search with my name on it for BKSALES.US (The funny part is they printed and filed it with it stating (unlicensed printer license required) all over it and the footer address comes back to nothing. Plaintiff's First set of interrogatories,Admitals and request for production. ( 8 years of banking statements LOL can we get anymore vague) 3 subpoenas to paypal, ebay, and kabbage. I only have business accounts with paypal and ebay under an llc that is not mentioned in complaint. All three subpoenas are extremely vague. (Any and all contract agreements, statements and any other related documents). So im pretty confident the subpoenas will be challenged and come back with nothing. The only one is Kabbage that may come back but they had to do that through Georgia and have it served. Without paypal they have nothing so im not to worried. After reading all of this they are on a fishing expedition. Oh yeah here is the kicker. He is calling his wife Michelle Warner as a witness for Bloomfield Financial Group LLC. (Thank You Interrogatories and admitals here we come) If you don't believe in what i am doing please feel free not to comment. If you want to help feel free. I will scan and attach everything soon.
  7. I have no tolerance for identity theft. I am hoping this attorney will give me something i can use. Why make the cops work harder than they have to if an attorney will do it for them. I will play this out and see what gets presented to the court. Then it is on record and i can reference this case in my police report. I understand why people want me to just file a police report now but with an open court case things can be gathered easier than if the police just investigate it especially with 90 days of discovery. I am hoping for hard evidence. Also i am looking at other ways of beating it in case an account was in fact opened under my name. Then i would have to subpoena account establishment documents from them. At this point i cant just say it is not mine if someone had my social security number they can do a lot from just a computer. So i need more information on this to proceed in filing a police report. Plus i am a stay at home dad currently and have a decent amount of time for this.
  8. Nowhere in that document is the account number 2511364 as mentioned in the complaint. Also the balance is only $926 not $1852 or they would have sued for that. The first charge off is the initial and the other 3 are the summary of that charge off. This document is pure speculation at this time unless he can prove this by statements as anyone with excel could type this up.
  9. The Plaintiffs attorney mentioned subpoenaing banking records and needing time. So i agreed to 90 days discovery. I have no feeling of doubt that this attorney has no case as this debt is not mine. My main concern is if there is no valid personal guarantee they can only go after the business. From research there personal guarantee was only on the merchants performance and not on any defaulted balance owed. They have since updated the personal guarantee terms for this reason im assuming as it now contains any defaulted balance owed. I'm interested in seeing this agreement. He now only has 5 days left so we will see as he stated on the record that he has it in front of him. Which makes no sense as to why it wasn't attached. The judge sounded annoyed with im.
  10. I went to pretrial conference with a (Motion for More Definitive Statement) in regards to 2.113 (F) and the judge was going to allow me time to address the issue and the attorney agreed to amend his complaint with agreement within 7 days. So i am waiting until then before i file a ( Motion for Summary Disposition). So upon receipt of there amended complaint i have 7 days to amend my answer and affirmative defenses in response or file a motion. So i should prepare an affidavit denying this debt to submit with my answer and affirmative defenses?
  11. No assignments, affidavits, or agreement were attached to the complaint. Only the account summary which doesn't even have the account number on it.
  12. Here is the complaint and first answer. My address has been whited out. The judge ordered the agreement be attached within 7 days. He also has allowed me 7 days to response and amend by answer and affirmative defenses upon reciept. He has also required Plaintiff throw in all his cards (witnesses and exhibits) within 14 days. anwser.pdf complaint.pdf
  13. This is what the personal guarantee section states: Owner's Personal Guarantee of Merchant's Performance of Merchant Contractual Covenants. Owner personally guarantees the performance of all of the covenants of Merchant in this Agreement, specifically including the Merchant Contractual Covenants above. (Owner does not absolutely guarantee that sufficient future receivables will be generated or Proceeds collected to equal the Specified Amount sold to Company.) Section 1.2. Merchant’s Contractual Covenants and Representations; Further Inquires. Covenants. You agree: (i) Not to use any amount loaned for personal, family or household purposes and not to repay us from any consumer account; (ii) Not to materially change the nature of the business that you conduct from the type of business originally disclosed to us in connection with this Agreement and, unless we are adequately notified in advance, to conduct your business substantially in accordance with past practices; (iii) To take all steps necessary to provide us with access to view the activity in your Business Payment Account, Bank Account and marketplaces where you do business and to such other accounts and sales and shipping data as we deem necessary and appropriate, for the purpose of monitoring your business activity and finances; (iv) Not to reduce or remove, or cause anyone to reduce or remove, our access, once granted, to your Business Payment Account, Bank Account, marketplaces where you do business and such other accounts and sales and shipping data as we have deemed necessary and appropriate; (v) With regard to information about any marketplace or other service provider that you provided to us to determine the amount of your Loan, to notify us promptly if the details of your account with such marketplace or other service provider changes, you open a new account or you close your account (vi) To use your Business Payment Account in a volume consistent with the level of transactions you processed through such account(s) when you received your Loan, or otherwise ensure that funds sufficient to satisfy your obligations under this Agreement are deposited into your Bank Account; (vii) To maintain a minimum balance in your Business Payment Account or Bank Account, as appropriate (as required by Section 1.3 below); (viii) To collect on your sales promptly, in compliance with all applicable federal, state and local laws, rules and regulations and consistent with your past collection practices; (ix) To make payments to us (in U.S. dollars) on the applicable Payment Due Date" (x) Not to take any action to discourage the use of your Business Payment Account and not to permit any event to occur that could have an adverse effect on the use, acceptance or authorization of your Business Payment Account for the purchase of services and/or products by your customers; (xi) Not to open a new account other than the Business Payment Account or Bank Account (collectively, the "Accounts") into which your sales will be deposited and not to take any action to cause future sales to be settled or paid to any account other than the Accounts; (xii) Not to sell, dispose, convey or otherwise payment your business or assets without our express prior written consent and the prior payment or assumption of all of your obligations under this Agreement pursuant to documentation reasonably satisfactory to us; (xiii) Not to take any intentional action that would substantially impair or reduce your generation or collection of accounts receivable adequate to satisfy your obligations under this Agreement without our prior written permission; (xiv) Not to terminate your authorization of scheduled debits in Section 1.3, stop payment on any debit authorized pursuant to Section 1.3, claim that a debit transaction pursuant to Section 1.3 is unauthorized, or seek a refund, return, chargeback or dispute of a credit card transaction related to a payment under Section 1.3; and (xv) To notify us promptly if, with regard to any Business Payment Account or Bank Account, the details of your account change, you open a new account or you close your account.
  14. They are suing for $926 in district court. I found an old agreement online from 2015 https://www.lawinsider.com/contracts/VtZdVAsY9og0T0Aq6W7kA/nef-enterprises-inc/1530981/2017-01-27 I wouldn't think it changed to that so i assume it was the same or worse in 2013. The personal guarantee is not of the amount owed but of the merchants performance. There also is an arbitration clause in there agreement. If anyone could review and let me know: Any suggestions on motions? Affirmative Defenses? Would be greatly appreciated.
  15. I proof read what clydesmom suggested and confirmed it and have no intention of calling them anymore. But as for the debt i have no knowledge of it as i was working a full time job when this loan was created. During pretrial conference the Plaintiff's attorney said this is a business loan for bksales.com and after research i see it is a promotional products business in Florida and i have lived in Michigan my whole life.They say i made a personal guarantee on this account which is not true. I am currently just waiting to see what this agreement looks like and if it is even signed. After researching Kabbage INC i see they are all digital and loans are issued instantly. So i am planning on questioning if identification was validated before initiation of the loan. Im just stressed out over this and trying to figure out how to proceed.