Reeree1982

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About Reeree1982

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  1. Update: the law firm responded to my amended answer. They did send me a copy of bills starting when I stopped paying, a bill of sale, and the dunning letter that was originally sent to me. All of the bills from the original creditor have my address. The dunning letter sent by MCM is to my mother’s address. My mother’s address was no where on my capital one account. They could have accessed my credit report and pulled an old address. My question is: what should be my next step? Did MCM violate anything by sending the dunning letter to an address that was different from the creditor? Also, I alm
  2. Based on the aforementioned lawsuit that my state was a part of, they do have to submit it with the affidavit. (You are right, they could be holding on to it for a court date). I just find it strange that some other members in SC had these documents attached to their summons and I do not. My situation is exactly what the settlement was about: Midland sending affidavits with no proof. Midland made and agreement with my state and others to do certain actions when filing a lawsuit within our states. They just didn’t do what they agreed to do.
  3. I kind of figured that...but question: if it is dismissed and they try to re-file, they would still need to be within the statue of limitations correct? Because they filed right before the time was up, I couldn’t use a time barred defense. My statue of limitations ended in December they filed originally October. Hopefully everything goes correct.
  4. Ok I am just giving a quick update with what I have done so far. So the attorneys responded to my claims and stated they essentially wanted a judgment against me because by claims had no proof. So, I was able to file an amended answer. I playing their game. First I challenged jurisdiction based on my mother’s address. The case was filed using my mother’s address as my address. This address is s not a part of the magistrate where the case was filed. However, my physical address is. For proof: I attached a letter from my landlord, car registration bill, voter registration...things anyone co
  5. Yes to service of process but I did not clearly state I felt there was a question of jurisdiction of court. I stated that it was filed using an incorrect address and I had not lived at that address for over 15 years. I also stated that the summons was not served at an address that I live, but to my mother’s address—somewhere I haven’t lived in over 15 years. I see I can do an amended answer and I was trying to figure out if it is not to late to do so. To add the jurisdiction and delete the fdcpa claim. I’m sure I have jacked myself up royally in this whole matter.
  6. Hello. I want to apologize for taking over someone's thread with my questions. Our cases are very similar in nature. Here is the information I have regarding the suit. I should point out that I never had any contact from Midland Credit Management/ Clarkson and Hale prior to them serving my mother with it at an address I have not lived at in over 15 years. 1. Who is the named plaintiff in the suit? Midland Credit Management 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Clarkson and Hale
  7. So, Could I reach out to them personally again in writing? I have yet to have an actual court date. So it is up to them if they want to provide me with this information. Based on what I have been researching about them I don’t think they will send me anything.
  8. I never told them in the answer I did not know what I was doing. I only stated that in this forum. In the response to my answer, They state “I failed to state facts that were sufficient to constitute a cause of action.” They also denied my claims and wants proof. (But they have yet to send the same proof is demanded.) I mean they have this alleged debt, they should have my address. I am only now receiving information because I stated the wrong address and updated my address in the answer and the email I sent them-requesting validation. I never I did have a card with capital one, I don’t rememb
  9. I hate to hijack the thread, but I thought that the plaintiff had to show proof. Can I as the defendant request the case be dismissed due to the plaintiff failing to provide the information I requested in my answer and email to them directly?
  10. I probably didn’t know what I was doing, but I stated that I believed the violated the FDCPA by MCM filing the case using my mother’s address: I stated that the plaintiff communicated to a third party about a debt they say I owe. I also stated that they did not use due diligence to find the proper mailing address, and if the plaintiff had access to this debt they say I owe, they would have my correct address. I also contact the lawyers separately. To request they send me the documents I requested. So sorry hey basically denied all of my claims so now they are requesting for my claims to
  11. https://www.postandcourier.com/news/sc-debt-collectors-earn-millions-by-simply-stating-what-theyre-owed-no-proof-necessary/article_0ca3b9ea-4ead-11ea-af0f-5bb444c52d16.html and https://apnews.com/article/182483f8442d48c2afadccedc0fcf238 I absolutely believe they are using a general affidavit. I never received anything from MCM or Jackson and Hale until my mother alerted me that police served documents at her home—a place I haven’t lived since 2005! I’m going to push them to show proof.
  12. Also, what county do you live in and what magistrate court is your case in?
  13. I too am going through the same process. With the same creditor, and likely the same law firm. I found out about the law suit from my mother, I never actually was served she was. Also I’m really not sure how they obtained my mother’s address instead of using the address that I actually reside. I wish you luck on your case and I hope you beat these clowns. I asked for validation in my answer and I sent an email to the lawyer, I have not received a response with proof. All they have is a general affidavit. They are punching to deny my counterclaim stating I did not show proof. Im going to respon