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Bobgnuheart

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  1. Account is only slighty late and over limit (2 months and 150.00 - did make smaller than the required payments during those months). Called account number and recording says " Target is no longer servicing this account at this time." Received leter from some collection agency asking for full amount. Anyon have any experience with this? Is this an in-house collection agency and after I bring current/under-limit I can keep my card?
  2. Have a hearing in a couple months for two things. One is our Motion to Dismiss (which was continued from last year - they had filed a Motion for Summary Judgment and we filed to dismiss.) AT this previous hearing they told judge they didn'thave bill of sale, etc., so their motion was denied and ours was continued pending discovery. Now we are scheduled for a continuance hearing for the dismissal and the JDB lawyers have file a motion to compel which will be heard at the same time. They asked for bank names, bank account statements and cancelled checks for several years. I declined as an invasion of privacy and we don't have them. Why would we make their case anyway? We are going to bring up the disparate amounts they are claiming we owe and the fact that they have provided nothing as proof that they own this debt and that the amount is correct? Any advice? What if they pull out some proper papers at this hearing? Jsut object? Why? Thanks
  3. In response to the D&V letter I sent in 2007, they sent "statement of account". This is just a letter saying "..you owe 'x' amount of dollars, this is your account #.." and signed and notarized by employees of the junk debt buyer. A letter was included with this saying more proof had been requested and would be provided when it arrives. Instead they file suit several months later and attach a similar notarized "statement of account". I ask for proof again with my answer. Nothing ever comes, but they file MSJ. I object and file MTD. A hearing is set for both our motions and their MSJ is denied, my MTD is carried over. At hearing lawyer admits to judge they have no bill of sale or documentation. We are instructed to do discovery. I ask again in discovery for bill of sale (valid assignment) and accurate accounting of debt. I ask them to admit they do not have these and did not have at time they filed suit. In their response they denied and said this was requested and would be provided upon receipt. They either can't get the bill of sale or maybe can, but it would be so much trouble for them they are trying to buy time hoping I will crack. They did finally send copies of statements from the original creditor, but only a few months worth. Certainly not an accurate accounting of the amount they are suing for nor proof that the debt belongs to this junk debt buyer. I do have all correspondence spanning 18 months documenting what I have requested and them responding saying it is forthcoming. Another motion to dismiss? Or just wait for mediation?
  4. During Summer, they moved for summary judgment & I moved to dismiss. JDB attorney told judge they didn't have bill of sale or other supporting documentation. They tried to get us to agree to pay before judge heard us. Glad we declined! Their motion for Summary Judgment was denied, mine for dismissal was held. Judge tells us to undertake discovery as we hadn't done up to that point. I ask for proof they own debt (among other things). Their response to this is that it will be provided when avaialble. A year and half ago I asked for this proof in the D&V letter. They responded by saying it had been requested and would be forwarded upon receipt. Nothing ever came and they filed suit several months later. I asked for it again in my answer to summons. Nothing ever materialized. They then file MSJ and I respond with objection and my MTD. At hearing few months later, they admit to judge they don't have "bill of sale". Now they tell me in discovery it will be sent when available. In SC we have mediation (Alternative Dispute Resolution) required and I assume this will be scheduled eventually. Should I file another motion to dismiss and say more or less what I've said here (with all documentation) or wait for mediation and ask again for this proof? What do you think? Thanks
  5. My state is not a community property state. My wife has received a pre-approved offer from a card issuer that I defaulted on several years ago. My debt is outside the SOL, but is it dangerous for her to accept a crad from this company? Thanks
  6. The JDB sent a notarized letter called a "verified statement of account". How can I mention this in discovery? Should I ask for the address of the person who signed this BS letter? Should I mention her by name? The reason I ask is I am sure she signed and notarized this letter with no first-hand knowledge that this account is valid.
  7. is there website I can get a general idea of the form to use? What should I ask for? I would assume signed statement from the original creditor, proof that the JDB owns the debt, proof of how they calculated amount due? What else? Thanks so much
  8. Approx. a month ago went to a hearing (being sued by junk debt buyer). They file Motion for Summary Judgment, we filed Motion for Dismissal. The result was their MSJ was denied and our motion for dismissal was 'continued'. We were told to do discovery. It has been a month and we have heard nothing. Should we be initiating discovery or wait for them? Pretty soon, I believe, we will get something for the pre-trial mediation. Can we file for postponement since discovery hasn't happened. Felt pretty good when their MSJ was denied, but what now? What do we ask for? Are there example discovery letters on the web somewhere? Why would their attorney be doing nothing?
  9. Had hearing for JDB's motion for summary judgment and ours for dismissal. The attorney attempted to get us to sign at the hearing (prior to judge hearing us) an admission and offered payment arrangements. We declined and went ahead with the hearing. They didn't have a bill of sale nor supporting documents. Judge knew what a 'verified statement of account' was - which is all they had. He denied both motions (theirs for summ. judgment - ours for dismissal) and said we need to do discovery. Who initiates this? No trial date yet. At what point in discovery would someone concede? If tehy don't have bill of sale, if they do? Anyone went thru this? Thanks
  10. *If* one has a judgment against them in South Carolina what is the worst that could happen? Not a community property state, wage garnishment not allowed. Own no real estate and anything not exempt ostensibly belongs to spouse. Will they go after bank account if both spouses are on account? What are the chances someone tries to haul your TV and mountrain bike out of your house? One older car worth about 1500 is paid-off & one new car still being paid on. Will they simply wait until one would own real estate and then execute? Would it make any difference if they got the judgment in court after a fight or if they got the easy default judgment?
  11. No, they didn't include sworn affidavits from the original creditor. They were just copies of monthly statements that OC had sent. Account number, name, balance and payment receipt dates are there. I really don't want a judgment. I can't afford a lawyer, and I'm afraid the judge will give them one upon seeing these statements.
  12. I opposed a motion for summary judgment and filed motion to dismiss. Suit by junk debt buyer. Hearing scheduled for both summary judgment and dismissal motions in a couple months. In my filings I noted several case laws establishing that the affidavit they had drawn up was insufficient and that they never sent any proof that the debt is legitimate. Now I get from their lawyer in the mail copies of a whole year of billing statements, with my name, account # and payment dates. Also a letter with these saying if I would like to make a settlment to contact them. Few months shy of SOL. Is this sufficient - or at least enough to get the judge to side with them/ They don't show that they actually own the debt, but everything else is there. If we reach a settlement: 1 - will they withdraw the case and not try to get the summary judgment? 2 - what would we be a good amount to offer on ~4000 debt. Thanks so much
  13. Summary of previous posts: Sued by junk debt buyer. Answered summons in March. 2 months later get notice that they have made a motion for summary judgment. So I file 2 things: - Opposition to Motion for Summary Judgment - Filed a Motion to Dismiss Complaint Now I get letter from court saying we have hearing for motion to dismiss in a couple months. My questions are: 1 - What happened to their MSJ and my opposition? Do I assume that summary judgment was not granted since there is a hearing date set based on my motion to dismiss? 2 - What can we now expect? Will this hearing be like a trial? Will we need to present anything or will the hearing even necessitate our presence? 3 - Letter says we have to notify Plaintiff's counsel. Should we simply mail a copy of the letter we received from court with the date/time? We sent a copy of our opposition to MSJ and copy of Motion to dismiss CMRRR to Plaintiffs attorney and oddly have not received the green receipt from the post office. Few weeks ago and they are only an hour from us. What can I make of this? Anyway, thanks for any advice and input.
  14. If I file 2 different things (motion to dismiss and a response to summary judgment motion): 1 - Do the two things I submit refer to one another? 2 - Is there some standard form to do these things? I couldn't find anything under forms. Somebody tell me what is the worst that could happen if they are granted summary judgment. In S. Carolina we do not have wage garnishment.
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