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joeyjoe68

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  1. So the fiancee' was served 12 days ago from a firm called Rausch, Sturm, Israel...... claiming that they were representing CITI Bank for an old credit card. We have been putting together the answer and today she recieved a letter from Rausch stating that they are "authorized" to accept a settlement on behalf of Citi in such and such amount. When we checked her credit report the account stated that citi had charged off the account a while back. (it's still within SOL) Is it normal for a firm to file and then send a letter out like that? should we send a DV to the firm along with the answer to the court? The letter today did not state that it was from a debt collector attempting to collect a debt as the FDCPRA states it should, violation? any thoughts on this would be greatly appreciated. thanks
  2. And if it was sold or transferred, can the firm put Citibank as the Plaintiff in the case or is that a violation? (they have citi listed as the plaintiff at this time).
  3. anyone dealt with Rausch, Sturm, Israel, Enerson & Hornick?? Fiancee' received a summons from this firm stating they are representing Citi for an old credit card. Ho can i verify that citi is actually the one suing and not this firm?
  4. Hi everyone, it's been a while since i have been on here. Fortunately for me my issues were taken care of last year. Went to court on a couple issues, learned what i needed from the good people here and basically put the CA's in their place in the court room. It's been a while since i have had to deal with any of the credit stuff so i am going to need a "refresher course" of action from everyone. New issue has risen though. My fiancee' was served today from a firm called Rausch, Sturm, Isreal, blah blah blah....here in Las Vegas. They are claiming that they are representing Citibank on an old credit card of hers. (she has been one of the unfortunate few who has been out of work forever here, not for a lack of trying either ) The summons is just that, a summons. No court date on it, so there has been no date set as of yet. In doing some quick research on this firm i am seeing some sort of pattern that they buy these old debts and then file suit claiming to represent the original creditor. (I dont know if she has ever gotten a dunning from these people as she would just throw out all "junk" mail without ever reading it.) A few ?'s.... 1. How can we go find out if this account is still with Citi? The complaint states that it was charged off on Oct. 15, 2009. 2. Has anyone here ever dealt with these people? 3. What should put down in the response? 4. Should send a request for documention? Thanks everyone for the previous help and for any help you can give us on this one as well. Joey
  5. read my post below about smoking them in court today.....it was against the same JDB as you are dealing with.
  6. As many of you know i have been dealing with a CA that filed suit against me back in July '07. After many months of requesting information from them and receiving nothing I filed a motion for summary judgement last June. That motion was granted but the local attorney filed a motion to set aside the judgement claiming they never received the notice of motion from myself. In the meantime they filed a motion of for summary judgement of their own which really made the whole case very messed up. In this MSJ from the CA they finally added some old statements of the credit card account and an affidavit from someone in the CA. Well today we finally got into court and were abel to get it all straight. The attorney stated that my counter-claim for violations should be dismissed based on my improperly filing the amended answer. My claim was that their motion was not valid as they had not provided any signed contracts, did not provide me the proper documentation or given me the required dunning letters. I said i could not effectively answer the question of if it was my account without seeing something that showed i knew of the account in 2004. The attorney told the judge his client could not provide any signatures, no cancelled checks, nothing to prove the account was mine other than the few statements they had with my name on them. After a somewhat lengthy sidebar with the judge, the attorney and myself it was agreed that my motion would be granted, their motion and suit was dismissed with predjudice. My counter-claim was also dismissed as well, but thats okay with me. it's done, it's over with!!! Yay me!!!
  7. yes i provided them with a notice of motion sent through the mail along with a certificate of mailing as is required by local court rules. They claim they never got the notice (how convienent for them), yet in their own motion they state that their client was well aware of the hearing date and they had more than three months notice of the hearing date. They also had plenty of times to file the proper oppositions to my counter-claims and never filed a thing. It seems pretty straight forward to me but just wanted to check here and see if anyone else has any thoughts on it is all.
  8. Just received a motion in the mail yesterday from the plaintiff to Set Aside the Summary Judgement i received against them. They claim that i did not serve them properly and that they had no knowledge of the calendar date. yet in the motion they do state that their client knew of the date but that the local council (the one who filed the original complaint as well as this motion) did not. I did send them the Notice of Motion along with a copy of the courts Certificate of Mailing when i sent them the NOM. How should i go about answering this Motion? Any Ideas? thanks guys and gals
  9. My question is regarding MSJ. Can defendant file for MSJ regarding a counter-claim?
  10. No, i have told you guys everything. I am in the same boat as you, the have asked for nothing more than a MSJ. they haven't even ackowledged the fact that the sub judge told the attorney that judgement was granted. So i am thinking the same as you, i will just go in to court with the papers you suggest and see what the judge says. Judgement was granted as I requested and i am going with that.
  11. should i file anything in response to their motion?
  12. thanks Lecasbas. i was thinking the same thing. As far as I can tell the judge only wants the hearing to clarify the amounts in the order. It's also wuite obvious that this attorney's firm really has no clue what they are doing. The day of the last hearing, the sub judge called another case in front of the court, from the SAME ATTORNEY'S OFFICE, for the SAME PLAINTIFF, immeditely prior to ours being called, and the attorney had no clue what the case was about and no one else from his firm was there to represent. I am really not to worried about anything with this i just want to make sure i have my P's and Q's ready just in case.
  13. Well part of my counter-claim was to have it dismissed with predjudiceand i have the court minutes which show that my motion to preclude and for summary judgement was granted. even the substitute judge noted that he could see the judgement was granted. The new motion filed by the attorney is a basic summary judgement with no mention of ANYTHING that was filed previous to this. It definitely is not any attempt at having my judgement vacated. It's as if they are treating it like nothing has happened since they filed the original. They even state in the new motion things which are blatently false, such as i never requested any information or disputed any of their claims. I was going to use the heresay claim for the affidavit and the statements are ALL copies with no signature or anything on any of them. And i was wondering if it is the monetary issue on the counter-claim, wouldn't the court have to grant the request i asked for as it was ruled upon and the amounts asked for are clearly stated in all documents filed by me? Wouldn't the judge have had to say something about the amounts and the amount is was granted at the hearing. no amounts were discussed at the hearing. But my main question i just want some more clairifcation on is that since a judgement was ordered in August on the matter, and even though nothing has been signed and filed, can the CA really do anything about it like they are trying to do? Or since it hasn't actually been filed can they still try to fight it? As for an appeal, does the time for an appeal start after the day of the judgement or does it start after the day the order is filed? Thanks guys for the help, i am still learning as I go on some of this stuff and you guys are all great.
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