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Everything posted by moppet2003

  1. Thank you for all of the good advice. In the very beginning I did consider just getting the police involved, but then I thought what the heck are they going to be able to do about it. I did also do some research on TRS Recovery and they've been sued numerous times for big bucks, that's why I having such a hard time understanding why I'm not getting responses from some lawyers. Any way, my hubby's cousin is a defense lawyer and we'll be seeing him this weekend, so I'm going to see if he can recommend anyone, as I'm a novice at navigating the court system. Thanks again!!!
  2. The bank statement shows the check processed electronically twice and TeleCheck told me (and I question their honesty) that the merchant sent the 2nd posting to collections for a stop payment on the check when that wasn't the case. As far as I can tell their both at fault and neither side will fix the problem. Both are trying to collect on a check that's been paid.
  3. He does speak english and that's why I put in there I hope not to offend any one- I didn't mean it to be derogatory. And, hey, I've got Native American in me and call myself an injin. Really, I'm not prejudiced. Moving forward. I have called every number I can get a hold for TeleCheck and even spoke with a supervisor (they say) to no avail. I was told the recovery department needs take of the situation, but low and behold, the supervisor told me no one in that department will respond to phone calls or emails. I've gotten 2 non-existent fax numbers from customer service reps and one that did go
  4. The merchant is a local liquor store with one owner and there's a language barrier- he's indian, dots not feathers (hope I don't offend anyone). I have talked to him 3 times about this and he told me he would take care of it, but he hasn't. He doesn't understand that he's done something wrong. The check never bounced. He submitted it to my bank twice, it cleared twice and I sought payment back for the second processing. I've asked my bank if there's anything thing they can do and they said not until TeleCheck tries to tap my account. Which by the way they've asked for my account number, routi
  5. First off, sorry if I've posted in the wrong area. I'm having an issue with TeleCheck and have contacted 3 lawyers: 2 of them from and then another local one. The first naca lawyer called right away and wanted to represent and now has fizzles after I've sent him all of my information. Number hasn't contacted me and I'm waiting on number 3. Background: wrote a check on Feb 28th and the merchant ran the check electronically and kept the original. Check processed on the 28 and again on Mar 3. Notified the bank and they investigated and issued me credit for second processing. Here comes t
  6. There's got to be something I'm missing here. I'm going to keep searching for a law that says exactly that, because really, why should I have to answer questions (they want me to admit to obtaining the cc and making payments on it when in the complaint and summons clearly states the CA says I didn't make any payments - they've lied right there) when there''s NO Lawsuit against me right now. I've got to find a lawyer I can ask that question of.
  7. I've read over and over again my MN rules of procedure and talked to a court clerk and the clerk said it's very common to be sent a complaint and summons without a case being file and that admissions and interrogatories usually follow that. They said to answer them and that of course I can only send it to the lawyer even though there's no where on those papers that says where to send those answers. Our rules stated that motions and pleadings can come in any order and have to be reponded to in 30 days and since they were mailed to me I have an additional 3 days according to one of the rules. It
  8. No court seal and no signature from a court clerk. They have listed the correct county and district court to sue me in though. The interrogatories doesn't have a seal or signature either. I'll call the other courts in my county tomorrow and check on it. If nothing is filed on me, then how do I bring something up on this lawyer if they violated FDCPA laws? I had no idea they could send a fake summons. Anyone know yet how to check to see if this lawyer is licensed and bonded in my state? Sorry but I have to sign off for tonight. I'll be back in the morning - thanks so much for the help.
  9. I'll call the court house again, but the clerk I talked to said I didn't need to file interrogatories answers yet unless I wanted to open a case because nothing has been filed with the court.
  10. I have no idea and they've completely put me in panick mode. On the interrogatories crap they sent it was dated April 28th, I got them on the 30th and I checked civil rules procedures for MN and it says the papers have to be notorized and the ones from the lawyer have"/s/"lawyer name" on them and not signed by the lawyer at all. I think she's a notary. Boy this can be really confusing. This Bill I talked to at the court house said to just go ahead and wait until I get something from the court saying a case was filed and then there'd be instructions and what to do next. Anyone have further inp
  11. Sorry I didn't reply sooner. Out of the office on Friday and Monday and no internet at home for me. Well I did call the court today and spoke with an extremely helpful gentleman and he checked and there is no case filed against me yet. He also said that if I wanted to open up the case that I could go ahead and file the answers to the interrogatories but that I should wait until they file suit. I told him it sounded like they were playing me right now and he agreed. I also told him that I wanted to file an amended answers form (I want to included statute of frauds) and again he said to wait and
  12. I have the same thing where on a letter from the CA it says ACQUIRED at the top along with the account number and so forth, and then on the summons it says the assignment of claim to so and so for x amount with interest for xxxx account number (not complete either) and the claim was assigned for good consideration to the plaintiff. I've sent in my answer which said I lacked knowledge of the claim and my notice of appearance. I received papers from the lawyer for request for admissions and interrogatories, so I need to know what to do next. Am I able to file an ammended answer and if so, what d
  13. Got a package from the suing lawyer for me to fill out answers for "request for admissions" and "interrogatories". I need to know what to do next. There's no date as to when this needs to be filed with the lawyer or court or where to send it and by the way the case still hasn't been filed with a court. On the summons I received it said the plaintiff was assigned and they made reference to the OC. It also said the matter was subject to the Alternative Dispute process and how am I supposed to know when that happens. Any help would be appreciated. Thanks.
  14. Okay - went to "ask jeeves" for statute of frauds info and will research that tomorrow. I gotta go because I don't have internet at home. I'll be back online tomorrow (Thurs) morning (CST), but would appreciate any other input. Thanks for all of the help.
  15. Where do I find out about the statute of frauds because I'm within SOL and I checked the license of the CA and they are good in MN but couldn't find the license of the lawyer in ND to see if they're good here in MN. At the top of the letter they sent me states + Also Admitted Minn. so I'm assuming they're okay here also. On my answer/defense letter I stated I lacked knowledge and therefore deny their claims because they haven't verified the debt.
  16. There was no case file number on the summons so how do I look up a court date then?
  17. Okay - going to be long but hopefully someone can help. I've read a lot of these messages and I'm still confused. Got a summons (no court date though) on April 5 from lawyer for plaintiff Portfolio Recovery Associates for charged off cc debt. I sent CRRR letters on Answer and Appearance stating a lack of knowledge to the lawyer within 20 day limit. I'm waiting to get whatever in the mail either from the court or lawyer as to what's going to happen next. In the mean time, I need to know what to do next. I should let you know that I haven't sent any DV letters to the CA or their lawyer because I