rella5

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About rella5

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  1. I think the question is does having a person with a judgement against them as an authorized signer on an account place an LLC in jepordy. May be a good idea to take them off as a signer just in case.
  2. well I know, but is there any excuse without a doctors note?
  3. well I REALLY screwed this up. I wrote the wrong date down and missed my trial date by 2 days. of course the JDB plaintiff got default judgement. any chance I can appeal, motion to vacate or something based on human error?
  4. oh I don't mind going to trial, its just that I have been so bogged down with other issues I don't know if I am as prepared as I should be for a trial on May 5. I don't know if I can find out for certain who the trial judge will be. My jurisdiction is short handed for judges and they have them working 2 courtrooms at the same time. I am wondering now after reading the forums if I should have filed some kind of motion. I did file very thorough grounds of defense. What I don't know is whether the fact that I have not rec'd any response from the Plaintiff is good or bad. The only other time I was sued and filed answers the Plaintiff wrote a letter answering my answers and when I responded they couldn't wait to accept my really low settlement offer.
  5. no I did not. they did file a bill of particulars which has a very general verification affadavit , a blurry page from the supposed cc agreement but its only the part about default and collecting legal fees, and some stmnts about them being the assignee.
  6. I filed my answers (grounds for defense).I have heard nothing from the Plaintiff JDB so I checked the on-line court case info. site and there is nothing listed other than the warrant in debt case on May 5. Should I call the clerk tomorrow just to make sure they haven't filed a MSJ or something? or would I be notified by them or the court? Should I go ahead and file a motion to or dismiss or something prior to the hearing? My ultimate goal is dismissal or low settlement, this is around 13k debt from 2007 now with the 3rd law firm collecting on behalf of Nat'l Loan Recoveries. I went to court on the return date and a "stand in " (his words) local atty was there representing the atty on the warrant who is about 3 hrs. away. I would like to believe they might not show up for the trial but I am going to assume the "stand in" will show. The OC was MBNA, they assigned to Ecast, but this one now claims it was assigned to them so the chain of title is probably the weak link although I did include the arbitration clause in my grounds for defense. Advice please?!
  7. Has anyone had any experience with National Loan Recoveries LLC or Herbert Rosenthal?
  8. http://courts.state.ar.us/opinions/2007b/20070919/ca06-1396.pdf forgive me if I am jumping on this bandwagon late, or for wasting your time if you have seen this but I found it when searching for MBNA cc agrmnt and arbit info. The section of the attached cc agrmnt in this case is: THE RESULT OF THIS ARBITRATION SECTION IS THAT, EXCEPT AS PROVIDED ABOVE, CLAIMS CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS. if that holds up, as it appears by the cases noted, then the JDB who is suing me as (quote from their Bill of Particulars) "an assignee of a debt originally created by MBNA" is breaching the contract created by the original cc agreement?
  9. all depends on where you are in life... I was warned with all kinds of horror stories not to dismiss our ch13 but, could not afford the pmnts to trustee so, dismissed in '07 and contrary to some of the dire predictions I got from some posters, creditors have been calling and selling our accts to JDB's who have written letters BUT to date , in almost 3 yrs, only one has sued and I'm sure we can settle that one for small percentage. HOWEVER, we are of an age where we did not, do not care if we get any new credit, house is all but paid for, have paid for cars , no minor children .etc. It was worth the gamble for us because all accts will fall into SOL as of June this year and with what we have saved on trustee pmnts we can negotiate settlements. But each situation is different, you must make decisions according to what you can live with.
  10. I pm'd you contact info. thanks. BTW, I'm a bit of a southern redneck girl, I like a fight just for the sake of a fight so lets roll
  11. yes but the ch13 "tolls" the SOL according to LIS Code of VA. so I think the SOL won't be up until June of 2010 since we dismissed in June of 07. Maybe I'm wrong about that...
  12. this arbitration stuff is fascinating because a few yrs ago this was a no-no; I have been on a haitus from this website for a couple of yrs. Ok here's the story. We filed a ch13 in 04, dismissed (not dschg) in 07, long story, knew that some creditors would come after us but decided it was worth the gamble. A JDB filing as "assignee" of mbna/ecast has now sued for 10k cc.We went to court yesterday, the atty said he was only a "stand in" for the outoftown big law firm and so we set trial. Rec'd Bill of Particulars which included one page from the cc agrmnt., (the part about paying collection costs. )Now having read all the posts here I am thinking I need to get a copy of the original agrmnt from yr 2000 and pursue this arbit. angle. I am wondering if I can find a way to ask for this when I file my answers "grounds for defense" here in the Old Dominion or do I need to go all the way into discovery?
  13. actually I told them that in several phone calls, and when "Andrew" told me to stop yelling at him over the phone I said "let me tell you something you a -----e my tax money that you took for bailout money is paying you to listen to me yell at you"
  14. fortunately for me I have access to several attys thru my business and I have enough experience to know how completely absurd this is. Indeed I could probably scrape up the 10k to pay the mtg off if I wanted to. But the agony of dealing with the first line incompetents and all the left hands who don't know the rights and not being able to get this cured immediately makes me feel like I'm either in a Chevy Chase movie or in some kind of a grand scam. I don't claim to be a saavy genius but I wonder about others who don't have the little knowledge that I have!
  15. I am on the phone right now with BoA trying to make them understand that they did not foreclose and sell the house that I am living in back in Sept. I have been transferred around and put on hold and all the first line operators keep telling me that my house and been sold. I keep telling them that I have proof that pmnts have been made and they tell me my pmnts have been returned. they sent a letter telling me that my insurance expired on 2/2/10 and they are placing lenders insurance. Of course I have proof that I pay my own insurance, have no escrow since 1999. this is only a few tidbits of the cluster^%$# I am experiencing with them, BTW, the total mtg amt due on my 300k is something under 10k. I am beginning to believe they are trying to steal my house.