franpat20

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About franpat20

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  1. I have been disputing this Crap one account on my cr for five months now. They verify each time. So I send them a letter to requesting an investigation and to cease and desist all collections until they provide me with the requested docs. They responded by saying they will honor my request by ceasing written communication about the debt but note that they may continue sending me communication as required by law. The question is can they continue to report to the CRA without the dispute maker?
  2. They have a default judgment on you The case number tells you Go to your county clerk with case #. Copy your file Check out the affidavit of service. If you weren't served used, file an Order to Show Cause. Claim you weren't served. You must include a defense. Check out the Stickies. This will help your with customize your defense
  3. The section of statue refering to judgement is: s 380-j (ii) judgement which, date of entry, antedate the report by more than seven years or until the governing statue of limitations expried, whichever is the longer period; or judgement which, from the date of entry, having been statisfied within five years from such period from such entry date shall be removed from the report five years after such entry. On equifax website in the it says five years after the DOLA. Lets say I have a Crap 1 account and the DOLA on equifax is 01/02, would the DOLA change if I pay now?
  4. Article 25 of the NYS FCRA S 380-j Prohibited infomation (iv) ... accounts placed for collections or charged to profit and loss which antedate the report by more than seven years; or placed for collection or charged to profit and loss, which have been paid and which antedate the report by more than five years;... The question is when does the 5 year period starts? The date you paid in full or the DOFD:confused:
  5. Thanks every one! I have two more cases one with Upton,Conmen and Slimeowitz and the other with Rubin and Robmen. I will keep you guys posted and will share my work with every one It's my civic duty!
  6. I won!! I won!! Case was dismissed with prejudice. Mel Scum Harris and HarrAsta Funding KISS MY A**
  7. The fact that you didn't respond to the 1st notice is not an addmisson of debt. Tell them deny the debt and you dispute owing the debt.
  8. How did they send they mail? Tell judge you didn't get discovery. They didn't give you what you ask for. Tell judge they are playing games. They have no standing. You need them to fullly comply with discovery. Ask for a conference. (you are asking the court to supervise discovery)You need an adjourement. So you can file a motion to compel. I'm not a lawyer. Seek lawyer advise
  9. 1. I asked to provide me with the alleged credit card application, bearing my signature. Their Response: To be provided upon first availability Means They don't have it demand this 2. Credit card agrement for the credit card, listing interest rates, grace period, terms of repayment. Their response: Fax copy of Account Cardmember Agreement. Just bunch of mumbo jumbo. You know, the regular cc agreement. Was this signed by you if not attack it 3. Itemized cc statement from the credit card showing how the whole alleged amount was calculated. Their response: Well, they say "See response 3 but there is no document. Demand this 5. A contract, agreement, assignment, or other means demonstrating that Plaintiff, Asset Acceptance LLC. has the authority and capacity, and was legally entitled to collect on the alleged debt from the Defendant Their response: Some copy of "Bill of Sale" from another collection agency. THIS IS THE SMOKING GUN::BigGun:: You need a certified copy of this Is this their Bill of sale? If not DEMAND THIS Where is the bill of sale from the original creditor? You need this- 6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally. Their response: Told me to look at the affidavid. Attack affivadit as hearsy, this must come from a person with firsthand knowledge of the account. You need affidavit from original creditor 7. Any and all further documents that you believe establish that Defendant had an outstanding account or debt related to credit card account Their response: Bunch of screen shots from some collection software. Basically showing the balance. YOU NEED TO ASK THEM IN YOUR INTERROGATORIES IF THEY BOUGHT THE DEBT AFTER DEFAULT. IF THEY DID THEY CANT USE ACCOUNT STATED. **Send out interrogatoires NOW! Ask them for certify copies of cc agreement with your signature You need certifiy copies of Bill of Sale from the previous owner and original creditor. If they send you bs move for Motion to Compel Tell judge you didn't get what you ask for
  10. It's way too early for summary jugdment. Go through discovery first. **SEE WHAT THEY HAVE ON YOU FIRST*** Use summary jugdment as a last resort to get discovery
  11. This what you file with the court "Request for Production of Documents and Interrogatories" This is what I used with CRAP ONE. ****You need three copies. Please file one with the court first; have them court stamp it, then ask to make copies, keep one and send the other to CRAP ONE cmrr Defendant Pursuant ( your state civil procedure code) demands that, plaintif CRAP ONE respond to the following REQUEST FOR PRODUCTION OF DOCUMENTS and INTERROGATORIES within ( # of days your state statue allows them to respond to discovery) service there of: "Document" means any written, recorded or graphic matter, whether produced,reproduced or stored on papers, cards, tapes, belts, or computer devices or any other medium in your possession, custody or control, or known by you to exist, and includes originals, all copies of originals, and all prior drafts. It includes all original business records, non-identical copies, computations, memoranda of oral or telephone conversations, tabulations, records of correspondence, notes made on other documents, microfilms, etc. A request to identify a document is a request to state as applicable: 1. The date of the document; 2. The type of document; 3. The names and present addresses of the person or persons who prepared the document and of the signers and addressers of the document; 4. The name of the employer or principal whom the signers, addressers and preparers were representing; 5. The present location of the document; 6. The name and current business and home addresses of the present custodians of the original document, and any copies of it; 7. A summary of the contents of the document; and 8. If the original document was destroyed, the date and reason for or circumstances by which it was destroyed. 1. The alleged credit application from account no xxxxxxxx bearing the defendant's signature. 2. The alleged credit card agreement ,bearing the defendant's signature, that states interest rate, grace period, terms of repayment, et cetera; 3. Itemized statements or credit card statements from account no xxxx that demonstrate how the alleged amount of $ XXXXX was calculated; 4. A contract, agreement, or other means demonstrating that Rubin&Rothman LLC(DIRT BAGS) had the authority and capacity, and was legally entitled to collect on the alleged debt from account no xxxxxx 5. Letter(s) sent to defendant by plaintiff and/or plaintiff's attorney, demonstrating an attempt to collect on the alleged debt. 6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally. 7. Any and all further documents that you believe establish that defendant had an outstanding account or debt related to account no xxxxxx. 8. Any further documentation, beyond what has been previously requested, that clearly establishes defendant liability and/or responsibility to the alleged debt; 9. Any and all written communication, received by the plaintiff and/or plaintiff's attorney from the defenant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff and/or plaintiff's attorney accessing of defendant credit report(s). 10. Any and all communications from the plaintiff and/or plaintiff's attorney to defendant explaining why plaintiff and/or plaintiff's attorney reported the alleged debt to any credit reporting agency, as well as obtaining defendant credit report(s); 11. Any and all credit report(s) plaintiff and/or plaintiff's attorney obtained from any credit reporting agency concerning the defendant; 12. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or account no xxxxxxx. Any and all facts or documents in support of your claim that defendant had an outstanding account or debt related to account no xxxxxxxxx 13. Any and all facts or documents in support of your claim that the plaintiff is entitled to legal fees on the allege debt. 14. Any and all facts , beyond what has been previously requested, that clearly establishes defendant liability and/or responsibility to the alleged debt; 15. Any and all facts or documents in support your claim that the Defendant, entered into a contract promising to pay the CRAP ONE. 16. Identify all witnesses with evidence in support of your claim that the Defendant, entered into a contract promising to pay the Plaintiff . Include their names, job title, aliases, current work address and telephone numbers, and positions of each person, and identify each document referred to or consulted on . Please state whether each such person has ever been convicted of a felony, or of a misdemeanor involving moral turpitude, furnishing the nature, date, and court of any such convictions. If you intend to qualify any of these witnesses as experts, please so indicate, giving their areas of expertise, their credentials as experts, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.
  12. Just go down to your civil court house request a copy of your file, Pay attention to the affidavit of service; if they mail it, you didn't get it If it's personal service, look at the discriptions. if its way off, it's not you 2. File an order to show cause. In your answer, for the "order to show cause" you weren't served and your defense, you don't owe it ( if you don't owe it) Ask for a copy of a signed contract, if none exits in complaint 3. If the judge sign off on it, you will have to answer the complaint If your court file shows no contract; demand it in your answer. If it's a JDB who is suing you; your defense should be lack of PRIVTY; you never enter in a contract with them, lack of standing (lack evidence of a bona fide assigment) 4. Then immediately throw Notice to admit, interrogatories and request for productions along with your answer; this gives you priority during discovery. They will bitch about this. *** If they try to pull a fast one; ie delay your discovery by throwing discovery of their own at you. Obect to their discovery and file a motion for a protective order against their discovery; you need them to answer your discovery first to adequately respond to theirs If they don't respond to your discovery, file motion to compel If they send you a bunch of objections for discovery keep it don't lose it but tell court you didn't get the discovery you ask for If court grant you your motion to compel and they don't respond, move for Summary judgment to force discovery **** I am not a lawyer**** Seek lawyer advise***
  13. I guess what I'm trying to say is that they want me to sign the discontinuance without prejudice, mail it back to them so I don't show up on my trial date. They can always claim I never mail anything and get a win by default. The question is should I show up on my trial date even though they want me to sign and mail the discontinuance without prejudice? They say they will file it with the clerk for me. Should I trust them to file it on my behalf or should I sign it and take the orginal to court on my court date and filed it there?
  14. ***Update I just received a stipulation of discontinuance without prejudice from Mel "shaddy" Harris. Mind you, jugde gave them 4/11/07 to produce documents; trial date set for 4/18/06 They told me to sign the stipulation of discontinuance without prejudice and mail it back to them and so they will filed it with the county clerk. Are they trying to get me not to show up for my trial?
  15. Actually, I going to trial on of the providian accounts. Providian sold them to JDB On experian it says Charge off as of 2002 Last reported 9/02