jasen

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jasen last won the day on February 18 2011

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About jasen

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  • Birthday 03/20/1907

core_pfieldgroups_99

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  1. http://www.adrforum.com/main.aspx?itemID=1529&hideBar=False&navID=175&news=3 What does this mean for anyone whose account agreement specifically states they have the right to elect arbitration? We have to take the creditor to court to force them to file the claim for us? Or is that clause voided as it's now uneforceable?
  2. Now that's a handy site. I didn't think a 3rd party site would be allowed to distribute those docs, figured the banks would allege copyrights or some nonsense. Thanks!
  3. The do employ CA's to do some of the work at first. However, when the garnishment demand comes to your employer, it is not from the CA, it is from the DOE. And they send a letter to you at the same time they do it--again, not from a CA, but from the Dept of Education. I know this firsthand.
  4. Preferably a Visa Platinum, but any of them should probably do. My account is long closed, and so have no access to their site to get a copy. Mostly I'm just in need of the sections regarding arbitration, which should be the same across the cards, but the whole thing wouldn't hurt. If anyone can get a copy to send, PM me?
  5. This was my first inclination as well. The question to be settled, I think, is how strictly this agreement can be enforced, and whether or not any of it can be stricken as unconscionable.
  6. Update: Answer was filed. Plaintiff filed motion for default anyway, trying to claim defendant did not appear. (With the motion they also included an affidavit from a CACH employee who claimed to have "knowledge" of the account, and badly photocopied supposed "bill of sale". Still no account numbers on any documents.) Motion denied. Good so far I think. Still no court date has been set. Is that what is going to happen next? What possible motions should we have prepared and ready to use at this point? Discovery?
  7. It's in the $4k range. If a JDB has it, can you still invoke the arbitration?
  8. Exactly what I was trying to do. We deny #1 as we don't know who they are, and they haven't proven they own anything, and we deny #2 as #1 has to be proven first. Yes, I'm aware of the lack of substance to a divorce decree (that's why I didn't bring it up). I was just thinking that a JDB who really wants to get paid might take interest knowing there's another responsible party with more money they might concentrate on. Maybe not. We're willing to put in the work, but it really doesn't seem like a pretty easy one to me. Thanks for your input. I'll keep studying, this is just the first step.
  9. The complaints are: 1. Plaintiff owns and is the holder of an account due and owing by the Defendant, and is the assignee of Citibank. 2. Defendant is indebted to the Plaintiff in the amount of $xxx; plus accrued interest of $xxx. 3. Venus is proper with this court based on Defendant residing in xxxx. I'm answering as: 1. Denied, Defendant does not have the information necessary to admit or deny this complaint. 2. Denied, Defendant does not have information necessary to determine Plaintiff owns said debt. 3. Admit.
  10. My SO just received a summons from CACH. There are only three complaints: 1. you had an account with Citibank 2. you owe $x to us 3. the venue is proper My gut is to deny the first two and accept the third, just to make them work for it. However, she's not going to be able to go in there and argue against this, and we can't afford a lawyer right now. She knows it's hers and will have a hard time denying it. Her situation is also not so great; going through a divorce, been a stay-at-home mom for several years, very little income. The amount they want is as much as she made in income the entire last year. Her ex is the one who used this card and still makes a decent income, yet he's not named on the suit. I'm thinking she needs to bring these facts to the attention of their attorney, to let them know they're trying to squeeze blood from a rock by suing her instead of the other responsible party, but not sure it would do any good. And even if/when the divorce is final and he's made to be responsible for half or more of this, he's still not going to voluntarily pay any of it and she'll still have a judgment or agreement with them. Am I missing an option here? If she admits all three complaints is that pretty much just handing the plaintiff the judgment?
  11. Being past the SOL doesn't mean they aren't allowed to call or try to collect anymore (unless you live in one of the two states that specifically bar it). It just means they won't be winning any suits if you bring that up as a defense. Send them a C&D and call it a day.
  12. Probably just a coincidence. There are a lot of companies out there right now trying to make a buck off of people in mortgage trouble.
  13. Could be on a business-class DSL/Broadband connection. Sometimes it's hard to tell just going by the DNS name. Or, he's at home.
  14. Unless it's wrong or outdated. If you're unsure, verify with the source.