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ThatGirl

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  1. Janos, be sure to update us on the hearing for summary judgement!
  2. Please share the suggestions. I have to reply to a MSJ based on the Defendant's failure to file a timely response. But, here's the kicker, I did file a timely response.
  3. Thanks debtorshusband, that's what I was thinking. I remember seeing something about how the term "assignee" is used. The Plantiff is listed as "LVNV FUNDING LLC ASSIGNEE OF SEARS ROEBUCK AND CO." The bill of sale states they own the charged off account, so can they claim to be the assignee?
  4. I'm sure they'll argue it, but 11-9-102 states that credit cards are not written instruments http://debt-consolidation-credit-repair-service.com/forums/showpost.php?p=396482&postcount=11
  5. I also want to enter a Motion to Strike the affidavit from evidence and send my own discovery questions. Can I do all this at the same time I answer their discovery? One more thing, the credit card agreement is dated 1/98. The account I do have with the OC was opened in '96. Should I even bring this to light since the account number they reference is not mine, and by their own documents is out of SOL? I'm just worried that if I leave anything out, it will end up being a critical piece.
  6. 1. Who is suing you? "LVNV FUNDING LLC ASSIGNEE OF SEARS ROEBUCK AND CO." 2. For how much? $3700 3. Who is the original creditor? Sears, I assume 4. How do you know you are being sued? Served 5. How were you served? Were you served? by Sheriff at home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? None 7. Where do you live? GA 8. When is the last time you paid on this account? n/a 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). I've answered the summons and they have replied with a Request for Production of Documents, First Interrogatories to Defendant and First Request for Admissions of Fact to Defendant. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No, no dunning letter was sent 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? No interrogatory with summons. It doesn't come out and state "charges". But to sum it up they claim I owe Sears and that they are collecting on their behalf. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?The summons includes basic acct info with LVNV Funding, LLC across the top, Sears installment contract dated 1/98 with Sears and Sherman hand written in the corners, a Bill of Sales and Assignment, and an Affidavit from Sherman. 14. What is the SOL on the debt? To find out: 4 years My defenses include, but were not limited to the following: The account number is not the account number I have with OC and it is not referenced anywhere on the documents. So although I do have an account with the OC it is not charged off on my CR The sol on the alleged debt is out by 1 month (per their Bill of Sale & Assignment) The contract included in the complaint states "governed by AZ" (SOL 3 yrs, GA is 4 yrs - either way out of SOL) They bought a bad debt (per their Bill of Sale & Assignment) The Request for Admission of Facts from them include (summarized): You applied & received a credit card #999999 from the Plantiff. You made purchases leaving an unpaid balance You agreed to make minimum monthly payments You agreed to the terms & conditions You paid on the account You stopped paying on the account You breached contract You refuse to pay You owe plantiff $xxx for principal You owe plantiff $xxx for interest You own plantiff attorney fees $xxx You are legally responsible for the debt You have benefitted from the use of the account You have not been released from liability You did not dispute any charges on the account You have no legal or factual basis to support any defense in answer You have no documents support claimed amount is incorrect You have no legal or factual basis to support a different amt is owed You have no legal or factual basis to support defense of failure to state a claim upon which relief can be granted You have no legal or factual basis to support defense of lapse of statute of limitations You have no legal or factual basis to support defense of estoppel You have no legal or factual basis to support defense of failure of consideration You have no legal or factual basis to support defense of frauds You have no legal or factual basis to support defense of payment You have been credited for all payments including those of a 3rd party You have no legal or factual basis to support defense that within Complaint is not being prosecuted by the real party in interest You have no legal or factual basis to support defense of privity You have no legal or factual basis to support defense that Plaintiff has failed to allege a valid alligation You have no defense to this lawsuit. The Request for Production of Documents and Notice to Produce to Defendant pretty much asks for documents to support all of the above facts, including: all correspondence sent to or received from plantiff all docs signed by you or plantiff all docs deemed by you to consititute a contract or agreement all checks/payments ... the list goes on, pretty much asking to make their case The Plaintiff's First Interrogatories to Defendant reiterate the deny/agree process. Ofcourse, I'm denying all the alleged debt. The account number they mention is NOT my account number. All of my other defenses were based on the information they included with summons. The bill of sale had a date of June '03. Should I use a blanket response or respond line by line to each statement?
  7. I have a whole list of affirmative defenses, but should I use them all at once in my answer to the complaint? I'm just afraid that it's now or never For example: The account number is not the account number I have with OC and it is not referenced anywhere on the documents. So although I do have an account with the OC it is not charged off on my CR The sol on the alleged debt is out by 1 month (per their Bill of Sale & Assignment) The contract included in the complaint states "governed by AZ" (SOL 3 yrs, GA is 4 yrs - either way out of SOL) They bought a debt that had already been charged off etc.. I did not receive any letters regarding this until the summons. There may have been phone calls, but I haven't went thru the messages in a couple of months. (Anyone who I want to call me, uses my cell # It is possible that with the change of hands of the account that the acct # changed, but I just don't know that. So should I just stick with "It's not mine" and leave off the others OR throw them all in at the beginning? Thanks you all!
  8. I'm in GA and being sued in Superior court. Why would they skip Magistrate court? The amount is for $3700
  9. Are the CRAs having to verify this with the OCs? Or are they indicating that they can remove it without doing so?
  10. My husband and I were in the CCCS program for 2.5 years before they kicked us out. We were paying the initial amount on time (auto deducted from checking), but every few months MBNA would request that we increase the amount they were getting -- Even though they never formally accepted the payment plan. We did the first two increases, which took my total payment from $621 to $789 per month. We couldn't afford anymore increase so we declined their suggestions to pay more (it was optional - or so it said) since we couldn't afford it. MBNA insisted that we included our second mortgage in the CCCS plan, along with a Amex I used for business. We ended up agreeing to one more increase and adding Amex (as CCCS counselor suggested - even though secured debt did not have to be included nor did one cc used for business). Money was so tight that we started juggling the CCCS payment with our house payment and before we knew it the house payment was two months behind and CCCS was late every month. CCCS was threatening to drop us if we couldn't pay more. When I consulted a CCCS counselor, she said if you can't pay the additional and catch up then you need to file BK. I have moral issues with BK and that's why we went to CCCS to begin with. We still continued to make payments to CCCS, then we received a letter stating they had dropped us. Now who is CCCS sticking behind? The consumer who they promise to help or the creditor who accepts the money but won't formally accept the payment plan? We would be out of debt with the CCCS plan, if MBNA had not insisted upon the increases time and time again. We were kicked out of the plan in July 2004 and haven't made payments to about 60% of our creditors since then. Our accounts were also immediately turned over to CA's. I didn't find this forum until May, but thank God I found it CCCS companies do nothing that you can't do for yourself. Want proof? Try negotiating a payment plan with the OCs and I'll show you my CCCS plan payments to each creditor with the rates and balance. I actually did better on two creditors then they did.
  11. The same thing just happened to me with the same OC and CA. Did the ITS get a response? Did you go ahead and file suit?
  12. Once you get the green card back, do you dispute the OC trade line if the CA isn't on the CR?
  13. I, also, was paying a CA. Now that I've sent a DV should I continue paying? Once I've made a payment isn't as if I admitted the debt was mine? There are actually 2 different CAs and 3 different accounts. Two of which are my husbands. So I can see where he could possibly dispute the accounts. Just by indicating that the CA called, spoke with me and was intimidating enough that I made a payment on my husbands account -- without consulting him first. But unsure about making payments on my own account.
  14. How did the Tulsa Lawyers catch wind of your case? Had you initiated any contact with them?
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