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sj145

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  1. I have had trouble with getting my report from equifax also. I think they really want to give you a hard time for a free one. I think they make you go through all that BS so you can get discourage and give up and pay them for it.
  2. Please keep us posted as to what happens in your case.
  3. HERE COMES NOW Defendant Pro Se, requests Plaintiff, Them to produce the following documents for inspection and copying at the Defendant’s address, as cited within thirty (30) days or as parties may mutually agree. DEFINITIONS The following definitions are to be used in responding to the following interrogatories: a. “Plaintiff,” means , Them or any agent, employee, officer, director, or any other person acting on its behalf. b. “Defendant” means, ME an individual. c. “Document,” means all original writings of any nature or all copies thereof, regardless of whether or not such copies differ in any way from the originals, in your possession or control, wherever located, and includes, but is not limited to, contracts, agreements, records, memoranda, handwritten notes, working papers, letters of correspondence, invoices, statements, purchase orders, bills of lading, minutes and reports. d. “Credit Application”, means the Original Signed Application bearing Defendant’s signature for any contract between Plaintiff and Defendant. DOCUMENTS TO BE PRODUCED 1. ALL documents evidencing any communication between Plaintiff and Defendant in connection with the Agreement described in Plaintiff’s Petition, including letters and correspondence. 2. The alleged credit application from Account Numbers XXXX-XXXX-XXXX-xxxx bearing the defendant’s signature; 3. The alleged credit agreement from Account Numbers XXXX-XXXX-XXXX-xxxx that states interest rate, grace period, terms of repayment, et cetera; 4. Itemized statements or credit card statements from Account Numbers XXXX-XXXX-XXXX-xxxx that demonstrate how the alleged amount of $2000.00 was calculated; 5. A contract, agreement, assignment, or other means demonstrating that APPLIED BANK had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number XXXX-XXXX-XXXX-xxxx; 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 plaintiff had an outstanding account or debt related to Account Numbers XXXX-XXXX-XXXX-xxxx; 8. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s 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 defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s); 10. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s 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 Numbers XXXX-XXXX-XXXX-xxxx.
  4. why would you leave this part off? "Defendant demands strict proof thereof".
  5. I wanted to show my answer and get your opinion on how it looks. My original thread is here. That is where you will also find the complaint. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299726 Any suggestion is very much appreciated. DEFENDANT’S ANSWER 1. In response to Count 1, paragraph # 1, 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. 2. In response to Count 1, paragraph # 2, 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. 3. In response to Count 1, paragraph # 3, 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. 4. In response to Count 1, paragraph # 4, 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. 5. In response to Count 1, paragraph # 5, 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. 6. In response to Count 2, paragraph # 6, 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. 7. In response to Count 2, paragraph # 7, 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. 8. In response to Count 2, paragraph # 8, 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. 9. In response to Count 2, paragraph # 9, 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. AS AND FOR AFFIRMATIVE DEFENSES I. As and for a First Defense 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 and request this court to dismiss the Plaintiff’s motion. II. As and for a Second Defense Plaintiff’s Complaint violates the Ohio Revised Code 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 and request this court to dismiss Plaintiff’s motion. III. As and for a Third Defense, Defendant alleges that Plaintiff’s actions are precluded, whereas Plaintiff’s demands for interest are usurious and violate state and federal laws. Defendant reserves the right to amend, and/or add additional Answers, Defenses and/or Counterclaims after completion of discovery.
  6. In Ohio The SOL is 15 years. I just need some pointers on answering the Summons. Where can I get some good info for this? That is my main problem. I feel that I can defend myself but I will admit I am a little ignorant of court procedures.
  7. All I need is to be pointed in the right direction so that I can answer this. Where can I find a up to date Ohio civil procedure file? What do you guys suggest for my defense, Is there something out there to help me word discovery properly? I am not as smart as most of you guys with legal stuff but I am a hard working if you can just point me in the right direction I can take it from there, thank you.
  8. I Recently got served a summons and was looking for some help on answering it back. Here it is below with appropriate information. 1. Who is suing you? (I am being sued by applied bank. There attorney is Javitch, Block and Rathbone LLP) 2. For how much? ($1200) 3. Who is the original creditor? (Applied Bank FKA Applied Card Bank) 4. How do you know you are being sued? (I received this Summons) 5. How were you served? Were you served? (Funny thing they just sent it through the mail no delivery conformation or signed signature) 6. What was your correspondence (if any) with the people suing you before you think you were being sued? ( I did get the entry deleted from my credit report) 7. Where do you live? (Ohio) 8. When is the last time you paid on this account? ( No idea, I would say more than 5 year ago but less than 15 years) 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). ( I am thinking they are just waiting for my response) 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) (I only disputed it with the credit bureaus) 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. (no, I do not recall but most likely not) 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? (Yes it does require a response) 1. Defendant(s) are cardholders of credit card account number XXX XXXXX, and Plaintiff as the card issuer on said account, extended open end credit to Defendant 2. Defendant(s) used the credit card at various times, and thereby requested Plaintiff loan, advance, and/or pay out various sums of money for the use and benefit of the Defendant(s), at Defendant’s(‘) request, which Plaintiff did, to its detriment. 3. Defendant(s) promised to repay all such sums loaned, advanced and/or paid out; Plaintiff made demand on defendant(s) for the repayment of the sum outstanding, but defendant(s) defaulted on this repayment obligation. 4. There is presently due the Plaintiff from the Defendant(s) for the money loaned/ money paid out on defendant’s credit card, the sum of $1,200 5. The account records are not attached hereto because, upon information and belief: (a) copies were sent monthly to the Defendant(s), and are or were in Defendant’s (‘) possession, custody or control; and ( said account records may be voluminous. 6. Plaintiff incorporates by reference herein, each allegation set forth above. 7. Defendant knowingly retained the benefits derived from the use of the credit card account, without having repaid the balance outstanding on the credit card account. 8. Retention of the benefits conferred upon the Defendant(s) under these circumstances would be unjust without requiring the Defendant(s) to make payment for the same. 9. Defendant(s) has/ have been unjustly enriched in the amount of $1200 as Defendant(s) knew or should have known that the credit was not being provided gratuitously. WHEREFORE, Plaintiff prays for judgment against Defendant(s) in the amount of $1,200 with statutory interest from the date of judgment, courts of this action, and such other and further relief as the Court deems just and proper under the circumstances Here is an example of what the summons/complaint may look like: http://www.creditinfocenter.com/lega...een-sued.shtml 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? (They sent no evidence with it) 14. What is the SOL on the debt? To find out: (I do not know)
  9. I am trying to get a collection company (UCB) to do a pay for delete. I am talking to them over the phone and for now they are saying that they will not do this. Are there any techniques that I can used for leverage in this argument. My goal is to get this off my credit report.
  10. I have a collection that is on my credit report. I disputed it with the big 3 now I am going to MOV it. I was wondering how can I talk to a rep when I call the big 3. Does anyone have a phone # for a live person
  11. Not to long ago I found a great thread on how to settle your debts by actually calling the debt collector. He gave step by step advice. I lost the Thread and hoping someone could point me to it.
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