RHE

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  1. Claim A plaintiff is OC Discover Card (Delaware) for ~$7K from 2014-2015 (status: first court hearing tomorrow), account closed 2016. SOL appears to be 6 yrs. Credit report says status is "In Collections/Charge-off", and remarks say "Charged off as bad debt. Account information disputed by consumer, meets FCRA requirements." Claim B is JDB Calvary for OC Citibank for ~$6K (status: garnishment judgement set aside, hearing in ~1 month). Credit report says account status is "open", remarks "Account information disputed by consumer, meets FCRA requirements". SOL unclear. My correspo
  2. Need some advice on a topic I raised here before. Lawfirm "LF" is counsel for two separate CC debt claims, A and B. On claim A, they filed a Complaint, I filed an Answer, and it's set for hearing tomorrow. I've been seeking to negotiate an offer in compromise, but no agreement so far. I don't have an atty, but I am seeking one last minute - absolutely don't wan t to be in court pro se. Claim B failed to provide proper service to me, got a default judgment without my knowing, and I only found out about it after my employer notified me of garnishment. They garnished several checks
  3. So, an update on this situation, and a request for more input ... M&J is the attorney for two of my CC debts, the first is the content of this thread. On that one, they filed a Complaint, I filed an Answer in time 3 weeks ago, and I haven't received or heard more about yet. On the second CC debt represented by M&J, unbeknownst to me, the creditor has received a default judgement of $5600+ (I was not served). I learned about it from my employer notifying me of a very hefty garnishment of my check in an amount that will take me under ($1300/paycheck). Now, M&J's firs
  4. It is an interesting question as to what extent a company can, after availing themselves of the business & legal conveniences of Delaware law, then opt out of selected laws such as the 3-year SOL through a cardmember agreement.
  5. Agreed, precedence of contract vs "borrowing laws" & "conflicts of laws" appears to be the question. Based on a very novice, superficial review of case law, I suspect the latter wins. Question: Can one amend one's filed Answer (i.e., file a modifed answer) the day after filing the Answer in Colorado?
  6. CO Rev Stat ยง 13-80-110 (2016): "If a cause of action arises in another state or territory or in a foreign country and, by the laws thereof, an action thereon cannot be maintained in that state, territory, or foreign country by reason of lapse of time, the cause of action shall not be maintained in this state." I'm no lawyer, but I'm inclined to interpret this to mean that it doesn't matter what the Cardmember Agreement says, it cannot override the law, and that the shorter SOL of the states involved is what applies. Thoughts?
  7. Discover's Cardmember Agreement states: "This agreement is governed by applicable federal law and by Delaware law. However, in the event you default and we file a lawsuit to recover funds loaned to you, the statute of limitations of the state where the lawsuit is filed will apply without regard to that state's conflicts of laws principles or its 'borrowing statute.'" Does this term of the CA take precedence over SOL laws?
  8. BV80: From a variety of sources online.
  9. Thank you all for these very helpful and informative responses and resources. I want to avoid a default judgment, and hope to negotiate an offer in compromise. Since none of the debt buyer Affirmative Defenses apply, what is important to include in my Answer as Affirmative Defense to the creditor? What else do I need to know?
  10. Summary: I'm being sued by debt collector, and I need guidance on Answer in response to Complaint by 5/2/2019. Questions at the very bottom. Thank you. 1. Who is the named plaintiff in the suit? Discover Card 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) M&J LLP asserting they are attorneys for Plaintiff Discover Bank 3. How much are you being sued for? ~$7K (I have several other similarly sized credit card debts I anticipate similar Complaints for) 4. Who is the original creditor? (if not the P
  11. Deleting my post to instead post in fresh thread since it's new topic.