Kmark94

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Everything posted by Kmark94

  1. Moderators feel free to delete this thread.
  2. They sent a print out for both bills, one one it says nothing besides what I listed above. The second one is very much the same, but does say "back pain" would that be considered a violation?
  3. Well I filed answer with the court this past friday, as well as sent a copy of the answer to the Plaintiff. I received something in the mail (regular mail) today from the plaintiff. I guess what they sent is what they consider proof that my wife owes the debt to them. What they sent seems to be a computer printout It shows their client (hospital) account number, wifes's name, address, DOB, SS#, and her dad's name and number as well as the time and date of treatment. I understand by reading these forums that this is not proof am I correct? WHat should my next step be? I thought that they had to send stuff like this to the court and not me directly.
  4. Thank you Ualbany, that makes sense. I have couple of other questions. 1. WHen I go to the court house and answer this complaint, should I have anything notarized? 2. Should I be attatching a "certificate of service" (example below) and if so should this be notarized? CERTIFICATE OF SERVICE The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, certified, in an envelope addressed to: law office, on (date). 3. Should I send answer to just the Plaintiff or to both them and their lawyer? If anyone has any good defenses or edits to this answer, please post them. Thanks! __________________________________
  5. I will take that out. Thank you!Instead of just "Deny" would wording 2,3,5 and 6 with the statement's below be better? The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. and #4 with.... The Complaint states legal conclusions to which no response is necessary. However, to the extent that the Court may deem a response to be necessary, defendant denies the allegation and demands strict proof thereof. Thanks for all the help!
  6. I've edited it to reflect your suggestions. Thank you very much!
  7. Here is the answer, please let me know if I should alter, add or delete something. I'm confused on how or what to say in response to complaint #4. (any ideas?) I used the stickys posted here on answers and defense that I think would apply. Please let me know if I'm going about this the right way. Thanks for all the help IN THE DISTRIC COURT OF XXXX COUNTY ,ARKANSAS xxxxx DIVISION Civil Action No. xxxxx PROFESSIONAL CREDIT MANAGEMENT, INC PO BOX 1686, MOUNTAIN HOME AR 72654 (870) 425-7191 Plaintiff vs. ME Address, tele Defendant ANSWER OF THE DEFENDANT Defendant, appearing pro se, for its reply to the Complaint naming Professional Credit Management INC. plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein. ANSWERS /AFIRMATIVE DEFENSE(S) 1. Admit. 2. Deny 3. Deny. 4. Deny. 5. Deny. 6. Deny DEFENSES 1. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. 2. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. 3. Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant. 4.Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. 5. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws. 6. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive. 7. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account). 8. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not. By the Defendant pro se Dated: Month day, year (name) (SIGNATURE) address telephone
  8. Above complaint was attacked to a "Statment of account" and "Affidavit and Assignmen STATEMENT OF ACCOUNT xxxx hospital EMER PHYSICANS GR AMOUNT $150.00 INTEREST $0 FEES $0 TOTAL $150.00 REF#XXXXXX / PATIENT: ME XXXXX STATEMENT OF ACCOUNT xxxx hospital EMER PHYSICANS GR AMOUNT $150.00 INTEREST $0 FEES $0 TOTAL $150.00 REF#XXXXXX / PATIENT: ME XXXXX TOTAL $300.00 AFFIDAVIT OF ASSIGNMENT The undersigned having been sworn and under oath states: I am authorized to make this affidavit: that the statement of account (s) listed above is just and correct to the best of my knowledge, information and belief and there are no credits and/or offsets due. XXXX HOSPITAL EMER PHYSICIANS GRP does hereby assign and transfer to Professional Credit Management, inc (Hereinafter "Assignee) all legal rights, legal title and legal interest in this open account referred to above in the amount of $300.00. Further, the Assignee is granted full power to collect, sue for or settle said claim. CREDITOR: XXXXX HOSPITAL SUBSCRIBED AND SWORN TO BEFORE ME, A NOTARY PUBLIC THIS X DAY OF JULY 2009 SIGNED NOTARY PUBLIC SIGNATURE
  9. Here is the complaint, it was also attached to "Statment of account" and "Affidavit and Assignment" IN THE DISTRIC COURT OF XXXXX COUNTY ,ARKANSAS XXXXX DIVISION PROFESSIONAL CREDIT MANAGEMENT, INC PO BOX 1686, MOUNTAIN HOME AR 72654 (870) 425-7191 Plaintiff VS ME! ADDRESS CITY,STATE,ZIP,PHONE SERVICE MAY BE OBTAINED AT: MY WORK ADDRESS COMPLAINT - FORM 1. This court has jurisdiction of parties, subject matter and venue is proper herein. 2. The defendants is indebted to plaintiff in the amount of $300.00 3. The indebtedness is for goods and services sold and provided to the defendent or the persons that the defendant is financially responsible for as reflected by the affidavit of account filed with the clerk and served on the Defendant. 4. The credittors whose affidavits are filed with the court clerk have assigned their claim against defendant to plaintiff and a copy of each affidavit and assignment is attached hereto. 5. Although demands have been made, the debt remains past due and unpaid. 6. The Plaintiff is entitled to a reasonable attorney's fee from Defendant. WHEREFORE, Plaintiff asks the court for Judgment against Defendant in the amount of $300.00, plus intrest at the rate of 6% per annum from the date of judgment, for its costs, reasonable attorney's fees and for all other relief to witch Plaintiff, is entitled. MOTION AND BREIF FOR ATTORNEY FEE 1. Plaintiff moves for the award of attorney fee pursuant to ARCP 54 and Arkansas Inferior Court Rule 10. Attorney info xxxx xxx xx by: Signature of Attorney NOTICE TO DEFENDANT YOU HAVE HEREBY WARNED TO FILE A WRITTEN ANSWER WITH THE CLERK OF COURT WITHIN 20 DAYS AFTER DATE YOU RECEIVE THIS COMPLAINT. etc.etc.
  10. I don't recall ever getting anything from them, and even if she did what proof do they have that they did? On top of the $300 their complaint... MOTION AND BREIF FOR ATTORNEY FEE 1. Plantiff moves for the award of an attorneys fee pursuant to ARCP 54 and Arkansas Inferior Court Rule 10. I don't really see the reason to sue for $300 when it costed them $350 to file. I have never delt with anything like this before. I have never even been in a court room. I'm going to try and get the answer completed today and hope they drop it.
  11. Why would that be? I would think why spend the money filing at court if they were not to follow through. I have not pulled her's yet, mine is fine, but I don't see the big deal if it's on her report or not. Thats easier said than done. Wife is wanting to call laywer and set up a payment plan right away, and i'm trying to hold her off on it. I have been trying to figure out how to answer, do I file a general denial? or a motion for discovery? I have read on a post here that you can be charged for pre-jury if you know you owe this bill and you deny, right now i'm just trying to figure out how to answer the court. Thanks
  12. Can they count my income? I receive SSD due to sudden deafness in 2001. I understand they cannot touch mine. Before finding this site a few years ago I would have probably just ignored this and receive a default judgment. Since finding this site I have cleaned up my own credit, and there is no way I will now allow a default judgment. This is the first time I've had to deal with being served, so I find myself kind of confused how to proceed and submit a answer.
  13. My wife had to go down to the post office and pick up a letter. She is being sued by "Professional Credit Managment." The debt is a medical debt for $300 and it looks like they are going to try and garnish her wages. she just started nursing school full time so she is only working one day a week and bringing home no-more than $300 a month. How should we proceed in answering this? Thank you for any help you can offer.
  14. Fair Isaac is changing it's scoring formula. The new version of the FICO score would ignore authorized-user information. Full article http://articles.moneycentral.msn.com/Banking/YourCreditRating/BuildAKillerCreditScoreIn2008.aspx
  15. I have always been told that the SOL on medical bills is 5 years for the state of Arkansas,but I just found Arkansas Code, Annotated (A.C.A. §16-56-106) Is this in fact telling me the SOL on medical bills is only 2 years? 16-56-106. Recovery of charges for medical services. (a) No action shall be brought to recover charges for medical services performed or provided prior to April 1, 1985, by a physician or other medical service provider after the expiration of a period of eighteen (18) months from the date the services were performed or provided. ( No action shall be brought to recover charges for medical services performed or provided after March 31, 1985, by a physician or other medical service provider after the expiration of a period of two (2) years from the date the services were performed or provided or from the date of the most recent partial payment for the services, whichever is later. http://www.arkleg.state.ar.us/NXT/gateway.dll?f=templates&fn=default.htm&vid=blr:code or would it be 5 years as stated below? STATUTE OF LIMITATIONS (IN YEARS) Open Account: 3 Written Contract: 5 (partial payment stops the statute from running) Sale of Goods (UCC-2): 4 Domestic Judgment: 10 renewable Foreign Judgment: 10
  16. I signed up with them in January 2006.They did send my landlord paperwork and their website did state that my rent was verified, but 6 months later I still didn't have it on my reports. My wife called asking why it was not posted on my credit reports and he said they were having problems and started talking about how they had to hawk their cars and houses but assured me that I would receive a refund and that my rent would still be reported on my CR. I did get my refund but it has yet been reported to the CRA's
  17. I have an Aspire card $300 CL. No bad experiences I have had it for 4 months and they report to all 3 I think there were $150 in fees when I first got the card, but thats the price I have to pay for bad credit. My only other card is a Rewards 660 that had $250 in fees and only reports to Experian and Transunion min monthly fee is $40 So far my Aspire card is my best one.
  18. No,I have to sent a letter and request it.
  19. Got letter today Hooters has denied me with a 617 Fico score on my Transunion.
  20. I am still somewhat new here and learning myself. I will not make any recommendations, but I am sure someone else will. However, I would like to wish you and your family the best of luck. I know first hand how it feels to lose, or in danger of losing one of your senses. I suffered sudden hearing loss back in 2000, and it's the main reason why I’m on this site to begin with.
  21. True Must have misread Sorry. I know each of use have our opinions but as the way things work now I will never pay a JDB anything.