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key22

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  1. Ok here is what i have for Interrogatories and request for Doc's I. Responses Defendant(s) responses the Interrogatories as follows: 1. State your full correct name and any other name or nickname by which you have ever been known. Defendant’s Response to Plaintiff’s Interrogatory #1 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 2. State your present, completeresidential addressand business address. Defendant’s Response to Plaintiff’s Interrogatory #2 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 3. State the name, nature, duration and place of each employment or occupation which you have had during the five years prior to this date Defendant’s Response to Plaintiff’s Interrogatory #3 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 4. State each trade name or assumed name under which you have done business within the past five years and the complete address of each place where business was conducted. Defendant’s Response to Plaintiff’s Interrogatory #4 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 5. State the full name and present address of each person with whom you have engaged in any partnership or business venture in the past five years. Defendant’s Response to Plaintiff’s Interrogatory #5 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 6. If you assert that the claim herein sued upon is the obligation of anyone other than yourself, then state the name and present address of each such other person or entity, along with all the facts upon which you rely in support of such position, including your relationship to such other person or entity. Defendant’s Response to Plaintiff’s Interrogatory #6 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 7. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately proceeding interrogatory. Defendant’s Response to Plaintiff’s Interrogatory #7 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 8. State fully, completely, and at length the factual basis of each and every defense which you now assert or will insert in this action Defendant’s Response to Plaintiff’s Interrogatory #8 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 9. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory. Defendant’s Response to Plaintiff’s Interrogatory #9 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 10. State the name, occupation, business address and telephone number of each person who has reliable information relevant to support the contentions you make in your defense in this matter, together with a summary of the information that person has knowledge of. Defendant’s Response to Plaintiff’s Interrogatory #10 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 11. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory. Defendant’s Response to Plaintiff’s Interrogatory #11 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 12. State at length and verbatim the contents of each and every document, written, paper or letter which you intend to utilize as a basis or grounds for any defense in this action or which you intend to offer into evidence upon the trial of this action.In addition, state the date and circumstances of preparation or receipt of each such item. Defendant’s Response to Plaintiff’s Interrogatory #12 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 13. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory. Defendant’s Response to Plaintiff’s Interrogatory #13 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 14. If you have not admitted any one or more of Plaintiff’s Request for Admissions served upon you of this day herewith, then with respect to each such request not fully admitted, state all facts known to you directly or indirectly, which you contend to be a basis for denial or refusal to admit each search request. Defendant’s Response to Plaintiff’s Interrogatory #14 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 15Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory. Defendant’s Response to Plaintiff’s Interrogatory #15 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 16. State verbatim any communication or admission by the Plaintiff that you contend to support your defense in this action. Defendant’s Response to Plaintiff’s Interrogatory #16 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 17. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory. Defendant’s Response to Plaintiff’s Interrogatory #17 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 18. As to each of Plaintiff’s Request for Admissions that you have denied based upon a lack or insufficiency of knowledge, provide a complete description of any and all actions you have taken and/or inquires that you have made to provide the answer to such Request for Admission. Defendant’s Response to Plaintiff’s Interrogatory #18 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 19. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory Defendant’s Response to Plaintiff’s Interrogatory #19 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 20. Please state with particularity each and every payment made by you or on your behalf to the plaintiff Citibank N. A.THE HOME DEPOT CONSUMER, or any other predecessor, along with the date of the payment, the specific bill, account or invoice such payment was to apply, the balance you alleged was owing at time of said payment, to whom the payment was made, the purpose of the payment and any indication that the payment was received Plaintiff. Defendant’s Response to Plaintiff’s Interrogatory #20 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 21. Request for Production of Documents Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory. Defendant’s Response to Plaintiff’s Interrogatory #21 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. Here is what it is looking like for Admissions I. Responses to Request for Admissions Defendant(s) responses to Request for Admissions as follows: 1. You have heretofore received original, or copies of the document(s) attached to plaintiff’s complaint. Defendant’s Response to Plaintiff’s Request for Admissions #1 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 2. Each of documents attached to Plaintiff’s a complaint is genuine original document or a true copy thereof. Defendant’s Response to Plaintiff’s Request for Admissions#2 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 3. CITIBANK, N.A. extended credit to Defendant pursuant to a(n) THE HOME DEPOT CONSUMER credit card account. Defendant’s Response to Plaintiff’s Request for Admissions#3 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 4. Defendant accepted and/or use credit referenced in Plaintiff’s complaint. Defendant’s Response to Plaintiff’s Request for Admissions#4 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 5. The principal balance is accurate. Defendant’s Response to Plaintiff’s Request for Admissions#5 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 6. The balance sued for in this action is due and owing by Defendant to Plaintiff. Defendant’s Response to Plaintiff’s Request for Admissions#6 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 7. Written demand has been made by Plaintiff upon Defendant for payment of the claim that is the subject of this action more than 30 days prior to the date hereof. Defendant’s Response to Plaintiff’s Request for Admissions#7 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 8. Defendant is not entitled to any credits, offsets, or deductions except as have previously been deducted. Defendant’s Response to Plaintiff’s Request for Admissions #8 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 9. There are no facts upon which Defendant relies as a basis for any defense in this action. Defendant’s Response to Plaintiff’s Request for Admissions#9 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 10. There are no documents, writings, letters,records or papers of any sort which Defendant intends to utilize as evidence of or a basis for any defense in this action. Defendant’s Response to Plaintiff’s Request for Admissions#10 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 11. Defendant agreed to pay interest on the outstanding credit balance. Defendant’s Response to Plaintiff’s Request for Admissions#11 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 12. Interest on the claim asserted herein by Plaintiff is due in the amounts established by applicable law and by the charges shown in the attachments to Plaintiff’s complaint Defendant’s Response to Plaintiff’s Request for Admissions#12 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 13. Every statement or allegation contained in Plaintiff’s complaint is true and correct. Defendant’s Response to Plaintiff’s Request for Admissions#13 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 14. Defendant received statements of account, copies of which are attached hereto as Exhibit “A” Defendant’s Response to Plaintiff’s Request for Admissions#14 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum. 15. Defendant did not object to charges on the statements of account Defendant’s Response to Plaintiff’s Request for Admissions#15 OBJECTION. Arbitration has been elected, and a jurisdictional motion is before the court. The scope of discovery is to be determined by the arbitration forum.
  2. oh it may be a little to late to ask this but i was suppose to send the court date to the lawyer right along with my MTC... I had to change the date so i resent the notice of court date ..i hope i did that correctly
  3. court date for Arb is set for 9/2/21
  4. oh yes i did i did it yesterday i guess i was just asking a little more into the process but i got you
  5. Thanks i just updated and will send out tomorrow
  6. so now do i request the discovery from them because i have not done so yet i would guess not
  7. ok ok thanks, i will answer that o the interrogators and admission the same way and as for as request for documentation what should i..... say the same thing .... thanks so no MTC needed
  8. here is what i found so far...but this does not looking like it is helping @Bulldoger CHAPTER 1A. Rules of Civil Procedure. §1A-1. Rules of Civil Procedure. The Rules of Civil Procedure are as follows: ARTICLE 5. Depositions and Discovery. Section Rule 37. Failure to make discovery; sanctions. (a) Motion for order compelling discovery.—A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: Appropriate Court.—An application for an order to a party or a deponent who is not a party may be made to a judge of the court in which the action is pending, or, on matters relating to a deposition where the deposition is being taken in this State, to a judge of the court in the county where the deposition is being taken, as defined by Rule 30(h). Motion.—If a deponent fails to answer a question propounded or submitted under Rules 30 or 31, or a corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a), or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question shall complete the examination on all other matters before he adjourns the examination in order to apply for an order. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to Rule 26(c). Evasive or Incomplete Answer.—For purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer. Award of Expenses of Motion.—If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is denied, the court shall, after opportunity for hearing, require the moving party to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. (b) Failure to comply with order.— (1) Sanctions by Court in County Where Deposition Is Taken.—If a deponent fails to be sworn or to answer a question after being directed to do so by a judge of the court in the county in which the deposition is being taken, the failure may be considered a contempt of that court. (2) Sanctions by Court in Which Action Is Pending.—If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under section (a) of this rule or Rule 35, or if a party fails to obey an order entered under Rule 26(f) a judge of the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following: An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence; An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party; In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination; Where a party has failed to comply with an order under Rule 35(a) requiring him to produce another for examination, such orders as are listed in subdivisions a, b, and c of this subsection, unless the party failing to comply shows that he is unable to produce such person for examination. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. (c) Expenses on failure to admit.—If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that the request was held objectionable pursuant to Rule 36(a), or the admission sought was of no substantial importance, or the party failing to admit had reasonable ground to believe that he might prevail on the matter, or there was other good reason for the failure to admit. (d) Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection.—If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails to appear before the person who is to take his deposition, after being served with a proper notice, or to serve answers or objections to interrogatories submitted under Rule 33, after proper service of the interrogatories, or to serve a written response to a request for inspection submitted under Rule 34, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under subdivisions a, b, and c of subsection (b)(2) of this rule. In lieu of any order or in addition thereto, the court shall require the party failing to act to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The failure to act described in this section may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by Rule 26(c). (e), (f) Reserved for future codification purposes. (g) Failure to participate in the framing of a discovery plan.—If a party or his attorney fails to participate in good faith in the framing of a discovery plan by agreement as is required by Rule 26(f), the court may, after opportunity for hearing, require such party or his attorney to pay to any other party the reasonable expenses, including attorney's fees, caused by the failure. (1967, c. 954, s. 1; 1973, c. 827, s. 1; 1975, c. 762, s. 2; 1985, c. 603, ss. 5-7.)
  9. OK MCM sent me the discovery interrogatories , request for docs, ad admission. So on 6/15/21 i submitted my MTC for private Arb. court date is set for 9/2/21 ...What should i do about the discoveries in NC. I only have a few more days to respond...thanks in advance
  10. hey to add to this i was reading the other informtion you sent and this got me to thinking Very Important Note: It is imperative that when you file an answer, you mention arbitration as a defense. In some states, if you do not raise arbitration as part of the answer, the court can rule that you waived your right to arbitration. In your answer, after you deny all allegations in the complaint, you should create a new section with the following title: “Affirmative Defense”. Under this heading you will state “Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”. ........so when i filed my answer i do a affirmative defense but but it did not have anything in there about Arb. does this mean i cant do it now
  11. @Bulldoger thanks i was just wanting to make sure i had this correct so i should follow the MTC like Western Sky and do the ORDER TO COMPEL ARBITRATION AND STAY PROCEEDINGS..... or all i need to file in is the the order ...i am thinking you mean both of these things need to be done....
  12. Hey i was able to look at the information what do you think about this MTC-MCM.doc
  13. Ok i will look for that tag... any and all information is helpful at this point. I so thank you like for real
  14. OK great I will look at this and review
  15. i will review an start over ..nothing to it but to try
  16. man thank you... no i am here to listen an learn i am afraid but i will go afraid..i TRULY thank you for this because i just want to give up. NO i am listening i have never done this and i am so overwhelm so thank you ..New out on this staring now
  17. Thanks You are right i can afford a judgment. no i can not afford wage garnishment and bank levies ...oh my thought of all of this is making me sick. As it relates to violations of laws , the only thing i heard about lately is how the letters that are sent from JDB are a violation HIPPA ...so i saw a video over the weekend and it talked how a JDB was asked how are the letters produces and by whom, if they are sent to an outside company that should happen as by law they should not provider my information to anyone. put i have no proof of that yes so that is why i put this below on here so maybe i dont have a case for Arb. when you say They would have to counterclaim for the debt you mean MCM right So in objection to 3,4,5 i can state "objection as this is not relevant to the case at hand" or does it need to be more Thanks
  18. what about this part below here they talk about it being unrelated to debt collection
  19. help needed… it looks like I will not be able to do the arbitration with AAA it’s going to require me to pay the fee because I’m initiating it so that’s a no go I don’t have the funds for that at this time but I wanted to get some feedback on how I should respond to the interrogatories and omission from MCM their interrogatories are as follows 1. State your full correct name and any other name or nickname by which you have ever been known me- will give name as the name that is showing on the compliant is not updated 2. State your present complete in residential address Me- will provide address 3. State the name, nature, duration in place of each employment or occupation which you have had doing the five years prior to this date me- i can give the name it only been one employer ..bit do need to answer that what does that have to do with anything 4. State each trade name or assume name under which you have done business within the past five years and the complete address of each place where business was conducted Me***I have not done business- not sure how say it *** 5. stay the full name and present address of each person which you have had engage in any partnership or business venture in the past five years Me- no business ** not sure how to say it** 6. if you assert that the claim herein sued upon is the obligation of anyone other than yourself then state the name and present address of each search person or entity along with all the facts upon which you rely in support of such position including your relationship to such other person or entity Me- I never said they such be suing anyone else 7. request for production of documents which you contend relate to and/or support the answer given to immediate proceeding interrogatory Me- no documents 8. State fully completely and in length the factual basis of each and every defense which you now assert or will insert in this action Me- I don’t understand this one (i I guess I will talk about my affirmation of the defense that they have not provided the proper records showing ownership) 9. request for production of documents which you content relate to and/or other support to answer given immediately preceding interrogatory Me- no documents to give 10. State the name occupation business address and telephone number of each person who has reliable information relevant to support the contentions you make in your defense in the matter together with a summary of the information that the person has knowledge of Me- there is no one 11. request for production of documents which you content related to and/or support the answers given to the immediate proceeding interrogatory Me- no documents 12. State at length and verbatim the content of each and every document written paper or letter which you intend to utilize as a basis or grounds for defense in this action or which you intend to offer into evidence upon the trial of this action in addition state the date in addition state the date and circumstances of preparation or receipt of each such item Me-i have no evidence 13. request for documentation Me- no documents 14. If you have not admitted any one or more of plaintiffs request for admission serve up on you of this day herewith, then with respect to each such a request not fully admitted, state all facts known to you directly or indirectly which you contend to be a basis for denial or refusal to admit each search request Me-lost here i am not going to admit to all of their requests if it doesn’t apply 15. request for document Me- no documents 16. State verbatim and communication or admission by the plaintiff’s that you contend to support your defense in this action Me- not sure 17. request for documents Me- no documents 18. As to each of plaintiffs request for admission that you have denied based upon a lack or insufficiency of knowledge provide a complete description of any and all actions you have taken or inquire that you have made to provide the answer to such a request for admission Me-are they talking about my response to summons my answers or my response to the request for admission that was sent..So basically I can say the copy of the assignment has not been provided by the debt collector to show ownership 19. request for documents me- no documents 20. please state with particular each and every payment made by you or on your behalf to the plaintiffs Citibank N. A the Home Depo consumer or any other predecessor along with the date of the payment the specific bill, account or invoice such payment was to apply, the balance you alleged was owing at time of said payment, to whom the payment was made, the purpose of the payment and the and indication that the payment was received by the plaintiffs Me- I don’t have this its been since 2018 21. Request for documents me- no documents Admissions request 1.you have here too for receive original or copies of the documents attached to plaintive complaint Me- admit copies are attached 2. each of documents attached to plan a complaint is genuine original documents and or a true copy there of Me- denied as defendant cannot verify that these documents are genuine 3. Citibank NA extended credit to defendant pursuant to a(n) the Home Depo consumer credit card account me- admit offended do you have Home Depo consumer credit card 4. defendant accepted and/or use credit reference in place of complaint me-admit defendant use the Home Depot consumer credit card not produce by plaintiff 5. The principal balance is accurate me- denied plaintiff has not provided proof to have ownership of the account in compliant/ lawsuit as so defendant doesn’t have knowledge of accurate amount 6. The balance sued for in this action is due and owing by defendant to plaintiff me- deny plaintiff has not yet provided proof of ownership of this account 7. written demand has been made by plaintiff upon defendant for payment of the claim that is the subject of this action more than 30 days prior to the date hereof Me- Denied defendant never received any documentation requesting payment 8. defendant is not entitled to any credits offsets or deductions except as have previously been deducted me- denied plaintiff has yet to provide proof of ownership of this account 9. there are no facts upon which the defendant relies as a basis for any defense in this action me- denied plaintiff has yet to provide proof of ownership of this account 10. there are no documents written letters records or papers of any sort which defendant intends to utilize as evidence of or a basis for any defense in this action me- i have nothing 11. defendant agrees to pay interest on the outstanding credit balance me- denied defendant has yet to provide proof of documentation to show ownership of this account 12. interest on the claim asserted herein by plaintiff is due in the amounts establish by applicable law and by the charges shown in the attached to plaintiff complaint Me- deny plaintiff has yet to provide the actual terms and condition in ownership of this counsel this can be calculated correctly 13. every statement or allegation contained in plaintiffs complaint is true and correct Me- deny plaintiffs has yet to provide defendant with documents to show ownership of this account 14. defendant receive statements of account copies of which are attached hereto as exhibit A me-i did receive attachments but…. 15. defendant did not object to charges on the statement other account me- denied plaintiff has yet to provide accurate original documentation for defendant to review… I have no idea here Thanks for your help
  20. Also I meant to say when the attorney office sent me my interrogatories and request for documentation and admission they also sent a copy of somebody else that they was suing in the state of North Carolina as well so I have all of their information is there anything that I can do about that I will try to reach out to that person to let them know at least that their information was in my packet that was sent by the attorney office
  21. i reached out to AAA and this is what they sent i am assuming that i have to pay if i initiate it....do you know if that is true because reading the trems of the CC it stated that they will pay... Consumer Fee Schedule.pdf The_Home_Depot_Consumer_Credit_Card_Agreement.pdf
  22. thanks so very much......... in doing research on the NC laws.... here what i found and with this information that was sent in the summons it looks like MCM has all this stuff...what do you think § 58-70-115. Unfair practices. No collection agency shall collect or attempt to collect any debt by use of any unfair practices. Such practices include, but are not limited to, the following: (1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver. (2) Collecting or attempting to collect from the consumer all or any part of the collection agency's fee or charge for services rendered, collecting or attempting to collect any interest or other charge, fee or expense incidental to the principal debt unless legally entitled to such fee or charge. (3) Communicating with a consumer whenever the collection agency has been notified by the consumer's attorney that he represents said consumer. (4) When the collection agency is a debt buyer or is acting on behalf of a debt buyer, bringing suit or initiating an arbitration proceeding against the debtor or otherwise attempting to collect on a debt when the collection agency knows, or reasonably should know, that such collection is barred by the applicable statute of limitations. (5) When the collection agency is a debt buyer or acting on behalf of a debt buyer, bringing suit or initiating an arbitration proceeding against the debtor, or otherwise attempting to collect on the debt without (i) valid documentation that the debt buyer is the owner of the specific debt instrument or account at issue and (ii) reasonable verification of the amount of the debt allegedly owed by the debtor. For purposes of this subdivision, reasonable verification shall include documentation of the name of the original creditor, the name and address of the debtor as appearing on the original creditor's records, the original consumer account number, a copy of the contract or other document evidencing the consumer debt, and an itemized accounting of the amount claimed to be owed, including all fees and charges. (6) When the collection agency is a debt buyer or acting on behalf of a debt buyer, bringing suit or initiating an arbitration proceeding against the debtor to collect on a debt without first giving the debtor written notice of the intent to file a legal action at least 30 days in advance of filing. The written notice shall include the name, address, and telephone number of the debt buyer, the name of the original creditor and the debtor's original account number, a copy of the contract or other document evidencing the consumer debt, and an itemized accounting of all amounts claimed to be owed. (7) Failing to comply with Part 5 of this Article. (1979, c. 835; 2009-573, s. 5.)
  23. here is what i found on Arb in NC CourtOrderedArbRules.pdf
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