BrendaG

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About BrendaG

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  1. But what is likelihood that they would appeal the judge's decision?
  2. I don't think they expected me to fight back. I think they thought they could just come to court and the judge would rule in their favor. With the first lawyer, she complained that she did not get the motions I had sent, and therefore did not have time to prepare a rebuttal. But I could show where the motions were sent to them, and they sat in their PO Box for days before someone picked them up. The second one wanted a continuation so they could bring a witness but the judge denied it stating that it was on them to come to court today prepared, and that it is not the defendant's fault that they were not prepared.
  3. I won. The judge dismissed both cases against me, told them that the burden of proof was on them, and that they came to court unprepared, since they did not bring a witness with them that could testify to the legitimacy of the records. The second one asked to approach the bench afterwards, and was asking the court what they would have to do to prove the debt and why an affidavit would not count. The judge told him that if debtor admits to owing the debt, that it's not a problem for them, but that if the debtor objects to the amount the owed, or claims the debt is not theirs, then the burden of proof falls on them to prove they own the debt and that the records are accurate. The first one kept telling me "We'll let the judge the decide" because she asked me if I objected to her admitting records, and I told her that I didn't object to her admitting those records, but that I objected to the whether they could confirm the accuracy of the record. Again, the judge told them that they came to court unprepared and that it was not on me to prove anything. That particular lawyer was NOT happy. But I want to thank you BV80 and fisthardcheese, because I wouldn't have been anywhere near prepared without the two of you. Thank you thank you thank you!
  4. Here is my Motion to Strike Affidavit: COMES NOW Defendant, Brenda G, and respectfully states the following: 1. Plaintiff has submitted into evidence, an affidavit claiming that the affiant has reviewed business records of the Original Creditor, but does not state how those business records were maintained by Original Creditor for review, nor whether business records were reviewed by affiant before they were transferred to Account Assignee or after transfer (hereinafter referred to as Plaintiff). AFFIDAVIT OF DEBT IN SUPPORT OF PLAINTIFF’S CLAIMS (hereinafter referred to as Exhibit “1”). 2. The Affiant writing the AFFIDAVIT of DEBT (Exhibit “A”) claims that the records were sold to Plaintiff, however, the affiant makes this claim “according to business records, which are maintained in the ordinary course of business” and does not make any claim to having personal knowledge of the sale or assignment of the debt. 3. The Affiant writing the AFFIDAVIT OF DEBT (Exhibit “A”) states that “according to the records transferred” the specific amount owed is the sum of $4,445.15, but does not state whether the affiant has any knowledge of the accuracy of the records transferred from Original Creditor. WHEREFORE, the Defendant, moves the Court that Plaintiff’s Exhibit “1” be stricken from evidence in the above action.
  5. Here is my reply to the Motion for Summary Judgment. Can you please tell me if this is adequate or what I might need to change? NOW COMES the Defendant herein, Brenda G, Pro Se and moves the Court, to Dismiss Plaintiff’s Motion for Summary Judgement, herein Portfolio Recovery, as pursuant to Rule 56 of the South Carolina Rules of Civil Procedure, for judgment to be rendered if there is no genuine issue to material fact. In support of its Motion, the Defendant shows the Court the following genuine issues to material fact presented by Plaintiff: 1. Plaintiff has not satisfactorily proven that they have Legal Standing to seek judgment against Defendant as evidenced below: a. Bill of Sale entered into as Exhibit “5” by Plaintiff does not identify a name or an account number showing that Plaintiff purchased subject account. b. Attached spreadsheet which lists basic account information does not have any identification of where the spreadsheet originated, and contains no identifying logos or company name. c. Affidavit submitted by Plaintiff as Exhibit “1” states business records were reviewed but does not specify what business records were reviewed or what business records are maintained by the Plaintiff. 2. Enclosed Lowe’s Credit Card Account Agreement, labeled Exhibit “4” by Plaintiff, states “most disputes will be subject to individual Arbitration”. (See page 3 of attached Credit Card Agreement which has been labeled as Exhibit “4” by Plaintiff, Section Titled “Resolving a Dispute with Arbitration”.) 3. Whereas, Plaintiff has not satisfactorily proven that they own the subject account and have not proven the Plaintiff has Legal Standing to sue Defendant, and whereas, the Defendant is attaching a Motion for Arbitration that was filed with JAMS, formerly known as Judicial Arbitration and Mediation Services, the Defendant submits that the above shows genuine issues to material fact. WHEREFORE, the Defendant moves the Court to Dismiss the Motion for Summary Judgment by Plaintiff, and to dismiss case to Arbitration. This the ______________ day of October, 2019.
  6. Thank you. I've went to the link and have printed out the post. I'm working on everything now. I've taken today and tomorrow off from work so that I can get this done.
  7. I have a court date scheduled 10/10/19, but received a Motion for Summary Judgement dated 9/19/19. They have copies of statements where payments were made and the default payments. (Was in over my head and $800 in the hole every pay period). They included an Affidavit of Account, bill of sale with the spreadsheet typically attached, copy of Synchrony Bank's credit care agreement. The Affidavit says they reviewed the business records of the original creditor and those records assigned to account assignee. In the Motion for Summary Judgment they state: 1. Defendant filed an answer to their complaint (which they included my answer) and copies of plaintiff's complaint, plaintiff's affidavit, itemization of accounts and the defendant's answer are Exhibit 1 and 2. 2. States Defendant is indebted to Plaintiff for remaining balance due. 3. Defendant entered credit agreement with Synchrony Bank 4. Defendant accepted and used credit extended and they attached monthly statements dated 10/28/16 through 8/29/17 (which are Exhibit 3) 5. Defendant's acceptance of use of credit card ratified terms and conditions (which are attached as Exhibit 4) 6. Account statements further evidence defendant made periodic payments 7. Payment amount of $.... posted to Defendant's account on or about 2/5/17 as shown by statement dated 2/26/17 8. Thereafter, Defendant defaulted on her obligations under Account Agreement and account statements from 3/29/17 through 8/29/17 are included 9/ Synchrony Bank then declared all sums due and payable 10. That Portfolio Recovery purchased the debt, as evidenced by Bill of Sale, together with its attached redacted Sale File, which contains the information to identify the Defendant's Account. And that they now own all rights, title, and interested in account. Bill of Sale is Exhibit 5. 11. Defendant's use of credit card and payments created a contract requiring defendant to make payment on full balance due. 12. Evidence, including Plaintiff's affidavit, shows preponderance of evidence that pursuant to Rule 56 of South Carolina Rules of Civil Procedure, there is no genuine issue in this matter as to any material fact. Therefore Plaintiff should be entitled to summary judgment as a matter of law. Hopeless, helpless, and scared. How do I respond to this???
  8. Another question: Do I need to file the MTC prior to the court date or take it to court with me? Should I go ahead and file with JAMS now and take that documentation to court with me?
  9. Thank you! I will do that. From what I can remember, it is the same arbitration agreement that they've always had. I don't think Synchrony Bank has changed their agreement.
  10. Just as clarification: The itemization of account they filed is basically a statement saying: Principal / Interest / Court Costs / Process Server Fees / Total Then it states "Copies of bills, papers or other proof of any of the above accounts should be attached to this document." Also, I realize that I am essentially what is termed "Judgement Proof" in SC. I do own a home: Purchased in 2013 for $79,000 still owe $70,000 (it was appraised at $83,000 at the time of purchase.) I do not have the $50,000 equity built up in it. Car is a 2011 with 200,000 miles Kelly Bluebook value is $886 - $1000 (well below the $5000 allowed) I don't have many of the items they list, but personal belongings may bring about $3000 at yard sale value So I'm not overly concerned with them taking anything, but just don't want that judgement sitting on me for 10 years if I can beat it. Also, Portfolio Recovery called me twice after they started suing me. I didn't answer the phone but called the numbers back from another phone number and it was an automated answer regarding Portfolio Recovery.
  11. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sessoms & Rogers (for one) Scott & Associates (two) They served with me two within days of each other. 3. How much are you being sued for? Sessoms & Rogers - $4,407.15 Scott & Associates - $1,927.31 4. Who is the original creditor? Sessoms & Rogers - Lowe's Scott & Associates - Amazon 5. How do you know you are being sued? Served a summons 6. How were you served? In person - gave it to my son 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? None 9. What state and county do you live in? South Carolina / Spartanburg 10. When is the last time you paid on this account? Sessom & Rogers - 2/5/17 Scott and Associates - 12/08/16 11. When did you open the account (looking to establish what card agreement may be applicable)? Sessom & Rogers - 5/24/15 Scott and Associates -5/13/15 12. What is the SOL on the debt? To find out: 3 years 13. What is the status of your case? Court Date scheduled 10/10/19 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No, made a general denial to the original summons and received Sessoms & Rogers stating "Please review the following as verification of this debt" 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Already responded. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Scott & Associates: Itemization of Account filed with court; Affidavit signed by Portfolio Recovery; Bill of Sale dated 8/18/17; A database form with no identifying marks on the database form; 3 copies of statement summary Sessoms & Rogers: Affidavit from Portfolio Recovery; Affidavit and Itemization of Account filed with court; Affidavit of Non-Military Service; Status Report Pursuant to Servicemembers Civil Relief Act; After I made the general denial, they sent me the letter and enclosed statement summaries, a bill of sale, a database form (with no identifying marks on the database form) It looks bad doesn't it? I was going to try to do a MTC Arbitration, but I cannot find a copy of Synchrony Bank's 2015 Credit Card Agreement. The Consumer Finance website, only lists the 2019 agreement for Synchrony bank. Any advice on how I move forward?