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About henry1018

  • Rank
    Not retarded, just slow


  • Biography
    I have a very chubby two year old
  • Interests
    I build houses, fish and restore tractors and use to play pro softball
  • Occupation
    I am a real estate appraiser

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  1. Call an attorney. If they filed suit against you in the wrong county, you probably have them on an FDCPA violation which will provide for attorney's costs. The fact that they filed at this point probably kills the angle of reaching SOL. At least with these people.
  2. If anyone has seen that name come up regarding litigation on a chase account, give some details. Thanks
  3. If AMEX owns the account and NCO is the collection agency how does NCO have standing to sue??
  4. That is unbelievably bad advice and incorrect information BrokenCredit
  5. Any discussion touting the idea of including mention of invoking arbitration within a DV letter to a JDB is NOT useful information!! Done and done!!!
  6. Could you elaborate on why you believe my "graduating denial argument" is stupid? I thought it followed a solid path of logic. If a "graduated denial" is an established court answer - Sorry- a little harsh on my part. My point is, you ask to invoke arb. Who says there is an arb clause? Are they going to acknowledge the existance of an arb. clause? why would they? They don't have the contract, they don't need the contract. They prove an account stated, they prove they own the debt. Done deal for most pro se's. Push comes to shove, the judge turns to you and says show me the contract and
  7. With all due respect, I have read all the posts in this thread and most that are in support of this method seem to imply or allude to the fact that a contract is going to be introduced at sometime by the JDB. A JDB does not need a 'copy of the signed contract between me and the OC' to prevail in court- nor do they ever have one!!! Why acknowledge in any way the existance of a contract when you don't need to?? They 'graduating denial arguement' is stupid. If you were a judge how would you mentally process a statement like that? If a JDB never makes mention of a signed contract, who is goin
  8. I am cofused why one would OFFER to accept arb. while it's a PROVEN fact that a JDB can rarely prove their case in court and obtain a judgement. Wouldn't acknowledging the existance of an arb. clause be legally construed as the acknowledgment of the existance of a contract?? Unless you're trueq or another equivalent, I think the arb. angle is still best kept for a defense against an OC. I know of several cases that have been lost because of an admission of the existance of the account, using the card, etc. I don't see how this couldn't possibly be a similar situation. Find an attorney tha
  9. If I receive a dunning letter and then send a timely DV and hear nothing for months then I am served a summons and complaint, is that considered a violation of the FDCPA since they have not validated??
  10. Congratulations!! You should have little trouble finding an attorney willing to sue them with no cost to you!
  11. I'm at the point now that when my wife asks me a question, at the end of my answer I instinctively say 'further affiant sayeth not'.
  12. I made two purchases from sears on a sears card. Both were 'no payments, no interest for a year'. 9 months after the purchases, citi sold the account to MCM, claiming that one of the purchases was not 'no payments' for a year and that I defaulted. I received letter from MCM. I DV'd them and wrote the attorney general asking for all references to this account be deleted since I included the reciepts that clearly showed that I shouldn't have been expected to make any payment for a year. AG recieved reply from citi stating that "I had made a few payments, then defaulted." A few weeks later,
  13. Finding someone on Facebook is an invasion of privacy????
  14. Actually, in MN an answer is an answer. Mail your answer CMRRR and you're good. Wait to see if they proceed. Even if they seek and get a default judgement you will get it removed- the key is mailing CMRRR. As far as filing for in-forma paupis, that requires a hearing and judge approval- don't bother. Although the rules of civil procedure state that 'a formal answer is required', that's simply not true.
  15. And to think all these years I've just thought of law school as a needless burden that stood between me and passing the bar exam!!