geen schuld

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Everything posted by geen schuld

  1. I've already paid the funeral home with my credit card. The insurance check is drawn on the same bank that I have a checking account and the credit card with. Could I cash the check at my bank and pay the credit card at the same time and take the rest in cash or prepaid debit card? But wouldn't my SS# be connected to a prepaid card from my bank?
  2. They didn't give me the option to open a checking account they just mailed me the check. I got it today and need to know the best way to pay the funeral expenses (credit cards) and buy a stone without the judgment creditor getting the money. Would opening a new checking account instead of depositing it into my current account be a better way?
  3. I have a summary judgment against me in Kentucky. My spouse died and I'm beneficiary of the 10k policy. Is there any way that the creditor will know about this either before or after I file the claim? Can they intercept my claim? I need the money to pay for burial expenses.
  4. JDB (Asset Acceptance) won summary judgment against me in 2003 based on a debt I owed before I married my wife. Wife and I have separate bank accounts and both of us receive SSDI. This month JDB decided to levy my account but the bank protected my money due to SSDI deposits only. This is the first action they have taken after 9 years into the 15-year judgment. We don't own real estate. Now my worry is that they will try to levy the cars. Both were purchased with disability money after the judgment was in effect. Both cars are jointly owned and our names are both on the titles. There are no liens. Vehicle #1 - 1998 Nissan Sentra with a true market value (Edmunds TMV) of $32 to $711. Vehicle #2 is a 2004 Kia Sorento LX with a true market value of (Edmunds TMV) of $1,700 to $3,400. These values are realistic say if the cars were sold at auction. NADA and KBB show significantly higher values but it is my understanding that the sheriff would try to sell them through an auction. Both cars have high mileage and are in need of mechanical repairs estimated at $1,500 for both. In KY the vehicle exemption is $2,500 and there's a $1,000 "wild card" exemption. Based on this information what are my chances of the cars being levied? And if they are will my exemptions have me covered? Thank you for your input. Edit: Would it be okay if I removed my name from the titles leaving my wife as the sole owner? Or would this be considerd a fraudulent transfer even though the cars were purchased after the judgment was in effect?
  5. I filed my answer 18 months ago and now the court has filed a Notice to Dismiss for Lack of Prosecution. I plan to show up at the October 4th hearing but hopefully the plaintiff will not. What can I expect to happen and should I be worried?
  6. You got that right, I've been waiting 18 months and now the court has mailed a Notice to Dismiss for Lack of Prosecution. I plan to show up but hopefully the plaintiff will not. What can I expect to happen at this show cause hearing?
  7. The reasoning is my 80-year-old mother wants to add me to the deed of her mobile home and half acre lot which are paid for. That's why I think I should file BK.
  8. I have a judgment againt me for $43k. My income is $715 per month from SSDI. I have a couple of credit cards with zero balances and my credit score is in the excellent range. (The judgment never appeared on my credit files.) I don't own real estate and my car is 6 years old and paid for. Can I file bankruptcy and still keep my zero-balance credit cards and car? P.S. The judgment is 7 years old and is good for 8 more years unless they renew it at the end.
  9. OK, What if I decide not to re-file this motion at this time? Can the plaintiff's attorneys use this against me? Or must I go ahead with it?
  10. Thursday, 6/25/09 I filed my Motion to Strike Affidavit as Hearsay. The same day the clerk mailed it back to me and I received it Friday. The document contained a note saying "THIS MOTION NEEDS TO BE NOTICED FOR MONDAY @ 10:30." What does this mean? What did I do wrong? I served the Plaintiff's attorney the same day. Will the attorney see this as a technicality? I'm lost at his point....
  11. Thanks to all for your input and help. I filed my "Motion To Strike Affidavit" in court today and served Plaintiff their copies. What can I expect to happen next? Or what would be the next course of action by the plaintiff or the defendant. Or will I just have to wait and see what happens next? Anxiety is strong.
  12. I have one important concern. Is it okay to file a motion to strike in response to discovery? Or should I wait until the plaintiff includes the affidavit in a pleading? This is what I get from reading civil procedure below: KENTUCKY RULES OF CIVIL PROCEDURE PLEADING AND MOTIONS CR 12.06 Motion to strike Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon him, or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any sham, redundant, immaterial, impertinent or scandalous matter.
  13. So where do I go from here? I fear the plaintiff will now seek summary judgment based on that affidavit. Would this affidavit be considered hearsay? If so, do I need to make a Motion To Strike?
  14. Plaintiff could not provide proof such as contract with signature etc. One of my requests is a follows: "A notarized statement, if presently existing or otherwise, by a person with original knowledge of the debt, as it was constituted, and who can testify, or be interrogated in a deposition, that alleged debt was incurred legally." Plaintiff responded with an affidavit as follows: 1. I am employed by NCO as agent and have access to the collection records and other electronic materials relating to all of the records of accounts purchased by the various NCO businesses that own debt and that operate with the tradename NCO. 2. NCO owns various subsidiaries that purchase loan portfolios. 3. I am familiar with the collection records as reported in the system maintained for NCO and have access to such records as they relate to this case. I have been authorized to make this certification on behalf of NCO for this case. 4. Upon acquiring ownership of the account, NCO obtained an electronic file from Credit Store detailing their record of, among other items, the account holder's name, account number, and outstanding balance. 5. Upon acquiring ownership of account it is NCO's standard practice to download the electronic file and media, if available, into a database to protect the integrity and accuracy of the data. 6. I have access to all the electronic files and business records described in paragraphs (4) and (5) relating to this account. 7. There is now due and owing from the defendant to NCO, the amount of XXXXX plus interest of XXXXX, plus attorney's fees totaling XXXXX. 8. The documents attached to this affidavit, if any, are true and accurate copies of the records maintained in the ordinary course of business regarding the Defendant's account. [NO DOCS WERE ATTACHED] 9. Defendant is entitled to no known valid defenses, setoffs or counterclaims. 10. Written demand was made upon the Defendant prior to this lawsuit being filed. Signed and notarized the 6 day of March, 2009 by NCO agent.
  15. This is not a lawsuit of someone else. The middle initial may be wrong but that does not matter to the suing party. If I don't respond to the Plaintiff's roggs they'll get a default judgment against me not the person who I think they should be suing. It's much too late as the deadline is tomorrow. I will just drop the wrong name defense and deny all the way allowing the burden of proof to rest upon the plaintiff. Being the JDB that they are it's not likely they have any proof anyway. And in the unlikely event they do prove the debt my signature can't possibly appear on any contracts etc. So I'm not really worried about it I'l ljust drop the wrong name defense and pretend I'm the person they intended to sue. There's no time for anything else at this point. Thanks for trying to help.
  16. Here's my response to the Plaintiff's interrogatory. How does it sound. Does it make sense or would it confuse the Plaintiff? INTERROGATORY NO. 15 State fully, completely and at length the factual basis of each defense which you now assert or intend to assert in this action. DEFENDANT’S RESPONSE Defendant is not the person who the Complaint was intended to be served on. (this defense is from my previous answer to the Complaint) Defendant’s full name is not LADY R DEFENDER. A person with the name, LADY R DEFENDER, at the time the Summons and Complaint was served on the Defendant, Lady Sue Defender, resided at the following address: Street, Apt. 001, Town, KY 00000. Defendant, Lady Sue Defender, lives in Apartment 002. The Defendant, Lady Sue Defender, was wrongfully served the Plaintiff ‘s Complaint and Summons which clearly was intended for the Defendant’s neighbor, LADY R DEFENDER. Defendant, Lady Sue Defender, asserts that the Plaintiff failed to state Defendant’s apartment number on the original Summons and that service took place nearly three months after the date the Complaint and Summons was filed in Court thereby indicating the correct party could not be readily located. In addition, the phone number of the Defendant, Lady Sue Defender, which was included in the Plaintiff’s Summons, was taken from a telephone directory listing of Lady Defender. The LADY R DEFENDER in question only has cellular phone service with an unlisted number. Defendant, Lady Sue Defender, asserts that she knows her neighbor, LADY R DEFENDER, and that her neighbor has told the Defendant, Lady Sue Defender, that she uses the middle initial “R” in her name and that it is the first letter of RIDDLE, her maiden name. The Defendant, Lady Sue Defender, asserts that since the date of service the Defendant’s neighbor, LADY R DEFENDER, has moved to another apartment complex. Defendant, Lady Sue Defender, demands strict proof that she is the party the Plaintiff intended to sue.
  17. ALVA that sounds like the thing to do but I've read that a wrong initial in a defendant's name is just a minor thing that judges (and lawyers) overlook. I doubt that I can get off the "hook" so easily just because of a wrong middle initial. It seems to me that I need to continue with this fight. I did say in the Answer to the Complaint that the defendant was not the person the Plaintiff was seeking. Now in the Interrogatories the Plaintiff is asking me to elaborate on that defense which I have done with a full page answer.
  18. Well considering it's a a JDB they probably don't have that info to start with. And I'm not giving them my SS#. Did you see my response in the PDF file? Won't they win by default if you fail to comply to rogs? Isn't it true they get default judgments all the time without proof of identity? At this point it seems that I don't have a choice but to comply to their requests by their 30 day deadline which is Monday. If you could look over my response and help me out I'd sure appreciate it.
  19. Here are my responses to the interrogatories etc. I'm having trouble with some of them. The text is in red. I'd appreciate some good input. Monday is the absolute deadline to get these filed in court and mailed to the plaintiff. I'd be lost without you guys. Thanks! BTW, This is not my debt, period. I was served the summons and complaint with the wrong middle initial on it. There is a woman in our complex with the same name as mine but different middle initial. She should have gotten the the summons not me. They did not have any apartment number on the original complaint. They got MY phone number from the phone book. The other woman has an unlisted phone number. I did not personally receive the summons otherwise I would've pointed out the wrong name and sent the sheriff across the street. Someone else in my house accepted it. So I'm stuck fighting my neighbor's lawsuit. Please note the names in blue in the PDF document. Please put your suggestion beside the ones in question here: INTERROGATORIES Interrogatory No. 8 Interrogatory No. 11 Interrogatory No. 12 Interrogatory No. 13 Interrogatory No. 14 Interrogatory No. 15 Interrogatory No. 16 PRODUCTION OF DOCUMENTS Paragraph 4.