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Everything posted by joeyjoe68

  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.
  14. The above is a copy of my posting back in August for a case i won against a CA, or at least i thought i did and am now confused on what to do. I was sued by a CA in July of 2007. FIled my answer and asked for validation. Sent other attorney several requests for discovery and filed a a counter claim for violations of the FCRA and FDCPA. After not getting any response from other attorney for a year i filed to have the case put on calendar and went to court in August asking for my counter-claim (violations and punitive damages). Other side didn't show up and i was awarded the judgement. When i went to file the order after the judgment hearing, i guess i didn't do it right. The judge sent it back and asked that i correct it, but he didn't give me any information of what was wrong other than that the amount that the court had down was $1100. The problem was that the $1100 was the amount the plaintiff had originally filed for and not the 33k i was seeking in my counter claim. So i re did the order to the best of my ability and refiled it with a note to the judge explaining the $1100 was the palintiff's amount and not mine. A couple weeks later I get a letter in the mail saying the judge wants me to come in for hearing for clarification. So i go to the hearing and this time an attorney for the plaintiff actually showed up. The problem was that we had a substitute judge that day and he didn't know why the original judge wanted clarification so he postponed the hearing until Jan. 5th. Now just a couple days ago i get a Motion for Summary Judgement from the attorney's office seeking the original amount of the suit. They added a bunchg of account statements and an Affidavit form some lady at the CA. SO now what do i do? The judge has already made a ruling in my favor, they weren't there the day of the hearing to contest anything. They had a year to get those document to me and never did. I did find out after i tried to file the second order that the justice court limit for suits is 10k, which i missed prior to all of this, and i dont know if that makes a difference either. The judge ruled on my motion to Preclude and for Summary judgment on my counter claim. Do i need to file something prior to the hearing? how do i squash their motion? They never sent me anything prior to this motion and i have all documentation to show how many times i asked for documents and paperwork and they never sent them to me. Any ideas?
  15. Hi everyone, I have been away from here for a few months but am back and recharged. Since my last post two of my credit reports have jumped nearly 70 points into the mid 600's. the problem i haveis that one (experian) is not moving, it is still at 520. When i compare all three side by side they are identical except that experian shows my student loans on it and it's not on the others. the student loans are not late at all. Any ideas on how to either get this off the list or why the number is so much lower than the other scores?
  16. Way to go!!! Going into court is ALOT like preparing to be in a play or a perfermance of any kind. The more you prepare and the better you rehearse the less likely you are to be nervous or forget anything when your "on stage". Good Job again!!!
  17. I was told that once the order is filed and they get it that they have 90 days to pay up.
  18. one of the items i thought about putting in the counter claim was that the owner of the JDB had to get down on his hands and knees and kiss my feet while he handed me the check.................but then i thought that might be pushing it a little:notworthy:
  19. already working on it. I was told the same thing yesterday as well. Gut level feeling though says to me that they just may pay so this goes away for them.
  20. I guess i can put this here too.....went to court today and won my summary judgement against the Plaintiff for over 30k!!! now i just need to get the money
  21. so I finally had my day in court today. Was there because I filed a Motion for Summary Judgement in regards to my counter-claim against the CA who initally sued me last July. After requesting validation after validation and discovery after discovery and receiving nothing but continued collection activies and violations of the FCRA for failing to mark the account as disputed, I amended my answer to include the counter-suit. I then continued to try to obtain discovery and validation but received nothing from the plaintiff. I did receive a Stipulation Dismissal from them in April which i did not sign. After i had enough of the games i filed the motion for summary judgement and had the case placed on the calender which was today. The other party didn't even show up (they had no case as it was) and the judge ordered the Judgement in my favor!!! Yay me!! I need to thank the great people here who i have pressured for answers and argued with over things. You all have been great in your knowledge and support. Now i just have to get the money in my hands.
  22. I was wondering what everyone knows about co-signers? I would like to get a small personal loan (3-4k) to help with a couple small emergencies and car repairs. My scores are not great though (570's) but I was thinking a co-signer with scores in the upper 700's might help me get the loan. I have never had a co-signer and dont really know if it would help my cause or not. Any thoughts or experiences with this?
  23. So I have been fighting with Palisades in the courts for nearly a year now. They filed last July and served me in September. Since then i have requested document after document and continued to recieve no response from them or their attorney other than continued collection activity and violations of the FCRA for continued reporting without the correct notation in the reports. Even after I sent their attorney, as well as themselves, warning after warning regarding the violations and the requests for documents that were being ignored i received nothing. I amended my answer to include the counter-claims. STILL nothing from them. So i finally filed a motion for summary judgement. Even then i recieved nothing from them. I finally tracked down the names of the owners and other high ranking people within the organization(thanks to the bud hibbs site) and sent them ALL letters, as well as thier legal department and the local attorney here, explaining that I had not received any communication reagarding the case as requested, that the file had not only been not reported correctly for months as required but that it even very recently had been noted that it was "placed for collection". As of this writing I still have not heard anything from them, but notice during my daily update of my Truecredit report with the CRA's that Palisades is now GONE completely from the report. So, maybe the letter to the owners actually finally got someone's attention. The court date is the 25th of next month so we'll see what happens between now and then. Small victory though and i think it may strengthen my complaint that they have no information.
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