jjbtrcrdt

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  1. I am going to read up on this more in depth, I am still unclear as of yet sorry. and thank you. However, that brings me to another question- Per the information I have received from credit reports and my own research, this account was charged off at the time of purchase. This CA is the 2nd purchaser (unless you count that the OC was bought out then perhaps the 3rd???) Can they still as it was charged off charge me interest and amount (they have yet to have proved that I owe) of principle or can they only sue me (if at all) for the amount they purchased the alleged debt for? Thank you!
  2. The Original "Judgment" was done in Jan 2007 they enforced it in Feb of 2008. That Judgment was quashed. At the hearing for the motion to Quash they served me again. (In April of 2008) Thank you!
  3. I have filed a counter claim for many reasons here is the link to my response to them. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=285820 So am I to understand that since per the Judge, they had until the end of Sept to produce the documents to which they replied as mentioned above but in fact did not furnish the documents I can request a dismissal with prejudice? Thank you!
  4. "It's hard to make sense of your post so, I'll ask you to clarify the following." 1)How much are you being sued for? Original Judgment was for $14000 the New Claim and amount I am being sued for is currently $9000 2)Is that the amount of the alleged repo deficiency? The CA is stating that the Balance of Principle alone is $ 4700. the balance added to the claim are fee's $500 and interest of the balance 3)What was the balance remaining on your loan when you lost the car? Two payments of $279 was the balance. Thank you for the info on the Colorado law I will be looking it up. Here is a link to yet another thread regarding this same case. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=285820 Thank you!
  5. I have read and Read and read, and can not find an answer so I am hoping that I can get a few answers to my situation. Thank you all in advance for helping. I had a car loan, I was two payments away and did a volunteer repo- the BB value was $4000 more than the balance due. this was in 11/2000. I never received anymore info regarding a balance. In Jan of 08 I received a garnishment from my wadges, I received with the paycheck the copy of this "garnishment". I was never served this summons. I did have the Judgment Quashed. and ordered the funds garnished returned to me. We are still in court. I requested DV via CM and via court in response to new summons issued at the date of the quash. I did receive return of my funds after several certified requests. however, the only DV is the copy of the agreement with the OC. We went to a hearing to schedule a court date, they threatened to garnish my wadges and enforce the judgment, I requested that they set the court date. I also requested documentation of this alleged debt. I received the date of trial a copy of a note (note letterhead) stating the debt was purchased by the CA and that they have all rights to the terms of the original agreement (21% interest). I advised the judge that I just received these documents and that I request 30 days to review them. I had submitted the request 70+ days prior. She allowed to reschedule, however, it is noted that the CA suing me is the purchaser and per court documents the assigner as well. In court I requested form the courts to enforce my right to this debt being valid, if they did only sell it for say one payment (not a chance) then I understood that I was to be responsible for that debt, however they have yet to have proved payment history, including selling of the debt, and - noted in court they could not provide that information. They only have the documents they provided. The Judge requested they do provide that to me, however I just received a letter stating they were going to have the OC give disposition at their office on xx date. I also received a letter stating this is the itemized principle and interest claimed. It is a print out however it is impossible for it to be from the OC as it shows an address from 2006 (and not prior) Here are my questions; 1. if they sell the debt, so I have to pay more than what they purchased it for plus interest? (as in original agreement?) When it was "sold" it was charged off (I have gotten that much info) I also know that the OC (bank) was sold and purchased by Chase again, after the charge off. FYI: the note showing that they are the purchaser and assignee of such alleged Debt, does not show purchase amount or my account info. Prior to that is one other note showing it was paid and the debt assigned. 2. Can they be the purchaser and assignee? I was certain that it was only one or the other? Is there any reference to this one way or another? 3. Does this deposition (via phone call) count? Why am I not getting documentation? Why is it not at the court house? Do I have to be there for it? 4. Is there anything more I can do? I know I dont owe this amount, I cant imagine the OC selling this car and getting less than $575. for it. Please please help me, I am so tired of fighting but I KNOW I dont owe this! The requests I am giving are not being answered in my opinion is there something I'm missing? Please help. By the way- The original judgment was for $14,000, when the judgment was quashed, they served me again but on that one, it is $9,500 they are now suing for. They dropped the amnt form the interest.
  6. The CA is the plaintiff. The OC was Bank one, who was bought by Chase. That is what Ia m thinking as well, and thus the reson for the request for extention- I need time to sort through storage to find the paperwork sigh but glad I have it- somewhere...
  7. I never recived any onfo from the Change of account or sold account or any other info proir to this from the CA the summons was send (and supposidly deleivered) to an address from 3 years ago, my credit report shows my current address and did at the time of summons) Thanks again for any help andvice ect...
  8. Its along one, thanks in advance for reading and any input……… Here is the sum of what this is for. In Nov of 2002 I did a VOLUN REPO on a car- the balance at that time was less than $1000 however the company (Bank One) refused to give me a payoff. (I know what we learn now and wish we had known then.) The value (Kelly Blue book) was at the time of VOLUN REPO was over $5000. ( the Blue book now is over $4000) The account was closed by grantor (CR 2002, 2003, 2004) however a WO and account closed a grantor’s request. In 2006 it states on my CR it was sold and does still show Bank one. Now Bank one has since gone out of business (I’m certain Chase bought them in 2004?) and I believe it is Chase that now owns them? However It is Bank one that was the OC right? I am being sued by an attorney (the assignee and its assignee Legal Collection CO) There is nothing on my credit report from either of these companies- not sure if that’s relevant but either way. They do have a copy of the original promissory note signed by myself. However I was first Late in payments in 2001, thus wouldn’t the statue of limitations be valid here? Is there a place that shows not just the statue of limitations but When those statue of limitations goes into effect? It is my understanding that it is from the first delinquency, not the last date of actions?Now here is a catch to all this, once upon a Late February 2008, I was called at work by this gal, who said (And I am not even joking) CA:hi I’m (name) and you owe $1496.00 do you want to pay that by credit card or check? (WTF?) Me: what? Who are you what are you talking about? CA: I don’t have to tell you anything you are being uncooperative; we have a garnishment against you and well just enforce that –click- then to my boss to find out where to send garnishment to. The other catch? They called my 13 yo child told him they were calling me for a job to get my number at work. Now I wrote all of this down time/date and number was called from and it was apparently this company (due to goggle search) Yeah so that brings us to this. (On 4/6/07 that’s right 2007) there was a default judgment against me ($1496.00) - never appeared on my credit report. I found out as in March 2008they began to garnish my wages, I immediately filed a motion to quash the judgment (Vacate) and did win that (they never served me I do plan on suing the server as well), along with the CA to return the funds they had at that time garnished (they have yet to have done that). However, I was served right there to go back to court this month(new amount ($9400.00)- I have since filed a extension request, however it has not yet happened yet so well see. BTW- they have since garnished my wages one more time; I never received the wage release so I faxed what the court did have to my employer. –in a way that will work to my benefit- Here was my answer- Please help with anything you can. Thanks again! I just want to be prepared in court as much as I can- Did I say thanks? Thanks again! Plaintiff(s) v. Defendant(s) Me The Defendant(s), answer(s) the Complaint as follows: Defendant, appearing pro se, for its reply to the Complaint of Plaintiff (hereafter "Plaintiff") states as follows: All allegations of the Complaint are DENIED unless expressly admitted herein. 1. In response to paragraph #1, the Defendant disputes the alleged debt, as solicited in paragraph #1 of the complaint. DENIES having information and knowledge sufficient to form a belief as to the truth of the allegations at paragraphs #1. Defendant DENIES being the person who allegedly owes this debt, and demands Plaintiff show through their burden of proof otherwise. 2. In response to paragraph #2, the Complaint states legal conclusions to which no response is necessary. However, to the extent that the Court may deem a response to be necessary, defendant DENIES the allegation and demands strict proof thereof. 3. In response to 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 paragraph #4, to the extent a response is required, 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. Defendant has no knowledge of any contract or agreement with plaintiff. 5. In response to paragraph #5, no response necessary 6. In response to paragraph #6, no response necessary 7. Plaintiff's petition fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide. 8. Plaintiff's petition further fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant. 9. Plaintiff is not the real party in interest. 10. Plaintiff's petition violates the Statute of Frauds 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 Petition 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. ***Now this was in refrence to the fact that I have no agreement with them I did with Bank one not wiht the CA)***[/B] 11. Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the Plaintiff and the Defendant. 12. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. 13. Defendant alleges that the granting of the Plaintiff's demand in the Petition would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive. 14. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, from collecting attorney fees, interest, collection fees, and any amount not specifically provided for by agreement. 15. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from the Plaintiff or a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits. 16. Plaintiff voluntarily, with knowledge inherent, made an assumption of risk in assuming ownership of a purported debt, and is not entitled to judgment and not entitled to equitable, pecuniary or statutory damages. 17. Plaintiff’s damages are the result of acts or omissions committed by non-parties to this action over whom Defendant has no responsibility or control. 18. Plaintiff’s prejudgment interest violates the standard of equity and there is no evidence of pecuniary loss. 19. Defendant DENIES every other allegation not previously admitted, denied or controverted 20. Defendant reserves the right to amend and/or add additional Answers, Defenses and produce additional evidence to support such defenses and/or Counterclaims at any time. Re: COUNTERCLAIM 1. Defendant resides in Colorado and is a consumer as that term is defined by the Fair Debt Collection Practices Act 15 USC 1692 et seq ( “FDCPA”) 2. Legal Collections and its agent Plaintiff are “debt collectors” as the term is defined by the FDCPA. 3. The alleged promissory note is a “debt” as that term is defined by the FDCPA, which the alleged account was meant to be used primarily for personal, family, or household purposes 4. On or before 4/10/08, at a time best known to it, Plaintiff engaged Plaintiff to collect this alleged debt from defendant; at all times Plaintiff was acting for and under the direction of Plaintiff . 5. On 4/10/08 Summons and complaint was issued to Defendant in court. 6. In response thereto, defendant sent Plaintiff a letter wherein defendant disputed the debt and asked Plaintiff to provide validation, per 15 USC 1692g. A copy of the letter and tracking notice are attached. 7. Plaintiff ‘s act to bring this action without validating the debt was intentional and, on information and belief, persistent and frequent. 8. Plaintiff has violated the FDCPA by bringing this action before validating the debt, and defendant is injured thereby. 9. Defendant restates and realleges the matter in paragraphs 1 through 8. 10. On 4/10/08 Motion to Quash service summons and complaint of Default Judgment dated 4/26/07. 11. Motion to Quash Authorized including Payment to Defendant for Garnished wages to be paid by Plaintiff To date Payment has not been received, and defendant is injured thereby. 12. On 4/10/08 Writ of Garnishment was issued. 13. To date Release of Garnishment has not been received, and defendant is injured thereby. 14. Additional garnishment have been taken, after Writ of Garnishment was issued and defendant is injured thereby. 15. On 1/29/08, Plaintiff communicated the debt to a third person by calling defendant’s 13 year old child twice, without Defendant’s prior consent or valid court order, in violation of 15 USC 1692c( and 15 USC 1692d, and defendant has been injured thereby. 16. Defendant restates and realleges the matter in paragraphs 1 through 16. WHEREFORE, the defendant asks the Court for judgment: a. dismissing the complaint herein, b. in favor of the defendant on the counterclaims: I. for actual damages, ii. for statutory damages in an amount up to $5000.00 iii. for reasonable attorney’s fees, per 15 USC 1692k, c. costs and disbursements of this action, d. such other and different relief as the Court finds proper. Thoughts? suggestions? Interpretations?
  9. Update: Went to court, per CA I was not even due in court as it will be set for trial in a few months, advised them had not heard from them prior, advised had not yet received DV from them or CA as to what this debt is. Advised CA was removed from CR already, they stated that they will get information from CA and forward to me if valid or dismiss case. Trial date will be 3-4 months from now. Any other suggestions from anyone?
  10. The first I heard of them (the attorneys (also a CA after researching) for the CA was the summons. I did dipute from the CA (not origanla debtor) on my CR in NOV (Again never heard from them in letter/phone call). Neither have replied to my request for DV
  11. I called and went to the courts (county) they have all the papers I do on this case, nothing more and actually a bit less, they do not have a copy of the document the response to my claim that the attorney (for CA) sent. I have spoken to several, However one was very clear (about -specializes in- my county) 1.I was advised they should not have even sent the response as it is a county case. 2. Until they prove the debt, there is nothing they can do, if they go to the courts and still have no Prof of debt, then it will likely be tossed out, as I have that right. 3. It would cost way more than the claim they are requesting, ask for validation, its less expensive (in so many words. 4. No one could understand why they would send a response. there was no reason for it on a county case. SO lets hope thats the case! I'll keep you updated!
  12. Is there anything more I can do? Even if it has been removed form my credit report? Anything? for future, what might a answer be? ignorance is not bliss!
  13. what is then an answer?? I dont know what this is for, nor have I heard of it prior to this. What a mess!
  14. "write just what your response to the summons was. (the one you filed in court) also what did the summons say exactly?" on (date) in (court) if an answer is not filed the court may be asked to enter judgment against you in set forth complaint. a copy of the complaint is and answer form is attached. this communication is from a debt collector the amount claimed is from (myself) such claims arise from failure to pay this is an attempt to collect a debt attached is an affidavit supporting claim shows another collection agency and what a agent for that company does with collections. (from what I gather, this was not the originator of the loan) last page: if you owe the money and would like to arrange to pay the debt, please call our offices prior to court date. My Answer: this charge, or fee's of amount due was never verified by the plaintiff. there has never been information sent to me verifying this amount, account, or agreement. the response to my answer: The plaintiff denies the allegations set forth any allegations not specifically admitted are hereby denied. It goes on to state affirmative Defenses: Defendant claims fail to state cause of action and are barred by the applicable statue of limitations. Defendants claims are barred by the doctrine of waver and/or Estoppel. Defendants have failed to mitigate its damages, if any. Defendant's claims are barred by intervening or superceding causes beyond plaintiff's control. The defendants damages, if any, were covered by persons over which plaintiff had no control. Defendants damages, if any, were covered by its own breach of the agreement or negligence, therby, barring any recovery. Wherefore, the plaintiff requests the defendant's counterclaim be denied, for an award of its attorney fee's and cost to defend this matter and such other and further relief as the court seems proper. "forgive me if I log out between replays, I tend to do that while I'm researching other sites." thank you for helping, It is much appreciated BTW, I did send DV to both attorney and collection agency it was deleted from my CR as of Tuesday (EQ CR)