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Tazjeepcj7 last won the day on April 15 2017

Tazjeepcj7 had the most liked content!

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  1. Spend your time working on your defense, not going off in a different direction worrying about the plaintiff's lawyer. The following I got from a post from Trueq: Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647 "Statements of councel in brief or in argument are not facts before the court and are therefore insufficient for a motion to dismiss or for summary judgement."
  2. Others may provide you a more complete answer but generally if the account is sold you will have to deal with the new JDB. LVNV probably bought the account from the original creditor so LVNV can probably obtain the documentation to validate the debt.
  3. Wouldn't you rather request copies of the documents themselves rather than wasting so many questions asking the JDB to tell you what the documents say?
  4. You probably already know this but Resurgent is (or at least used to be) owned by the same companies that own LVNV. Usually LVNV would subcontract the collections to Resurgent who would then hire third party collectors...
  5. In general very good advice from debtorshusband. The concern I would have is that several questions are worded in such a way that if you deny then you are stating that you have certain evidence. I think recovering attorney had an answer something like "requires admittance of facts not yet entered into evidence" or something similar to add to your denial...
  6. Did you ever pay anyone other than the original creditor for this account?
  7. Sorry, I think I commented on your first draft again, but I think still think you need to replace the attorney's name with "Plaintiff." What a drag it is getting old...
  8. Wow, that Newryman guy is sharp! You may want to look at the rules of the court you have been sued in to determine if you can ask for discovery. If you have a right to discovery you might want to drop any references to the documents the plaintiff has not provided and instead allege the documents (or the facts such documents would support) do not exist.
  9. Your anger towards the plaintiff's attorney is showing in your complaint. You should probably "tone down" your answer to the complaint (maybe substituting "Plaintiff" for the attorney's name, etc). If the FDCPA applies then you would have a counter claim, not a defense. Often language is included when a defendant answers a complaint that will allow the defendant to include additional defenses in the future
  10. You should at a minimum respond to the Requests for Admissions. Request for Admissions can be ruled as admitted if you do not submit a response. Usually before you can compel a response to your discovery requests you have to show a "good faith" attempt to resolve your needs with the other side, so you should send the attorney a letter reminding him/her of the date you sent your discovery and the date his/her response was due. Be sure to send your letter certified mail so you have a record that the letter is received.
  11. I think a CA might request a bank statement to prove a payment (and defeat a statute of limitations defense) but the CA would need to have a check number, date and payment amount or some other information indicating a payment on the debt to make the bank statement useful. A request for a bank statement without some information to indicate a payment was made from the account should be easy to argue against.
  12. I wouldn't initiate discovery with the original creditor because you are upset that a lawsuit was filed. I'm not sure how having someone from Discover Card with personal knowledge of your case provide answers to interrogatories will help...
  13. If you have not received copies of contracts, agreements, assignments or other documentation showing that the Plaintiff owns the debt I would state that fact in your answer to question number 5.
  14. Debt was written off 09/29/06 by OC and purchased 11/13/08 by JDB...who owned the debt between these two dates? If the JDB purchased the debt directly from the OC then the JDB likely can provide proof of assignment. If one or more third parties owned the debt in between the OC and the current JDB then the current JDB is less likely to have what is needed to prove assignment. The JDB must prove its chain of custody - that is it must provide a valid proof of assignment each time the debt was sold. The link was provided to give you an idea of the various arguments that can be used to attack proof of assignment - assuming the plaintiff can provide the assignments in the first place.
  15. I think you may still be able to request proof of assignment of the account: § 8.9A-406. Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective. © Proof of assignment. Subject to subsection (h), if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection (a). This is a very helpful link that expains issues of assignment under Illinois Law, you will need to filter this information through VA law: http://www.edcombs.com/CM/Custom/collection%20defense%20april%202009_1.pdf
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