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beelee24's Achievements


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  1. Attached to there complaint were exhibits: [A] a group of documents 'proving' they purchased the debt(see my original post) with the last page saying all my basic info, credit limit, date of last payment, date of chargeoff, etc. a letter they apparently sent me saying that they had my account now & a bill. [C] statement from OC with the last activity which was only payments, no purchases. [D] the last statements from OC at or around time of charge off [E] a letter warning me they may sue me if I didnt pay them. Since I have responded now begins discovery, correct? There is a date scheduled in a couple months so I was planning on sending their attorneys a Bill of Particulars (as suggested above) and a Request for Statement of Witnesses and Evidence and also a Request for Production of Documents.. I am still unsure as to how I try to fight this.. I do know if based off what they have provided so far that I agreed to a debt nor did I imply that I would pay them anything.. how are statements enough to prove that I even truly owed the OC.. I do not recall getting any letters from them, I remember just seeing it on my credit report and disputing it there.. I just feel a little lost on what to do or how my chances even are looking
  2. The Notice of Legal Placement was just a letter from MCM to me saying that if I do not contact them or make a payment they might decide to sue me.. I cant verify much because most of my records from that time are no lost or not accessible... I do not have the same bank accounts, phone number, etc.. I do stay at the same address though ,
  3. I have read a Bill of Particulars demand is not available in an action for 'account stated'. I did not list many affirmative defenses, I was hoping they would have to produce some sort of contract with my signature to prove it was my debt (incorrectly thinking the cause of action was 'breach of contract'). I listed: Failure to State a Claim, Laches, Contributory Negligence, Assumption of Risk. the 30 days from my service was approaching so I sort of rushed my answer (I know, my mistake). Ive since done more research and feel that some of those do not apply... and I feel possibly there are better fitting defenses. Can cases from other states be referenced or would it be pointless.. for example I had came across - https://casetext.com/case/c-h-contractors-inc-v-mckee where is states ' it has been held that mere failure to object to an account sent by mail to one who has had no dealings with the sender does not give rise to such a presumption of acceptance of the account.' If the letters were even received they may have been discarded as junk mail. How can I agree to statements when I didnt get them? I also have previously disputed this account twice though Credit Karma (I believe they do it through TransUnion) a few months after MCM apparently sent me the first statement. (which I dont remember receiving). Would that show I did not agree to the amount nor I did not make a promise to pay them? ..therefore there is not account stated.
  4. Hello thanks in advance for any help.. from what I have read 'account stated' sounds like it is going to be a little more difficult to deal with as it sort of does not require as much evidence and I am struggling to find much info on it. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? not sure just has a bunch of lawyers listed.. a google search seems to point to Encore Capital Group.. idk 3. How much are you being sued for? about $2800 4. Who is the original creditor? Synchrony 5. How do you know you are being sued? served 6. How were you served? 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? They may have sent mail and called. Probably never responded because I may have thought it was junk mail/scam calls. 9. What state and county do you live in? California, Orange County 10. When is the last time you paid on this account? Oct 2014 11. When did you open the account ? Sept 2013 12. What is the SOL on the debt? 4 years 13. What is the status of your case? suit served 14. Have you disputed the debt with the credit bureaus? I disputed collection agency twice through credit karma (on Apr 2017 and Dec 2017). 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? Case Management Conference set for Sept 2018. I have filed a general denial. The only cause of action is ‘accounts stated’. No interrogatory questionnaire received. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A - Bill of Sale, Purchase Price Reconciliation/Funding Instructions, Affidavit of Sale of Account by Original Creditor, Blanket Certificate of Conformity for Notary, Certificate of a Federal Savings Association Title Change, then a page with the electronic record with the basic account info (name, address, phone #, Charge off amount, current balance, Last payment date, etc) Exhibit B - copy of welcome letter from MCM letting them know my account had a ‘new home’ and a statement with payment options dated Nov 2016 Exhibit C - Credit Card statement from OC showing last payment Exhibit D - Credit Card statement from OC showing final balance Exhibit E - Notice of Legal Placement from MCM I am thinking I need to amend my answer.. I had done some research prior to responding but for some reason was under the impression I was sued for breach of contract so I filed my answer accordingly thinking that the burden of proof would be on the plaintiff to prove it was my debt with some sort of signed contract but after filing I re-read the complaint and saw that the cause of action was 'accounts stated'.. I dont believe the affirmative defenses I listed apply.. and I am not sure which ones would apply to my situation. so the question # 1 - How would I amend my answer? is there a certain form? What are possible affirmative defenses for 'account stated' ? I h/ave previously disputed this debt through credit karma a few months after they had allegedly sent the statement (exhibit B.) and then again a few months later. without a contract bearing my signature where is the proof I even owed the OC let alone the JDB.. question # 2 - how do you fight this particular cause of action? how do I legally argue that my silence does not mean acceptance of the debt or imply that I agreed to anything really? how I do I shift the burden back onto them and make them prove that I owe them anything? . question # 3 - This was a joint account but I am the only one listed as defendant to this case.. does that matter in any way, shape, or form? any info, good defenses, etc is much appreciated. thank you
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