henry1018

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Everything posted by henry1018

  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!!
  16. Well, as part of admissions, the plaintiff's attorney could ask 'admit that you have caller id as part of your phone service.' Could ask as part of discovery for phone records that show included services around the time of the alleged call(s). If the court is apt to agree with the notion that a call constitutes first contact. The same reasoning applies to faxes.
  17. WOW!!!!!!! Unless you (a) signed the actual letters you sent cap one and or ( the letters kill any of your affirmative defenses, what's the point of playing cat and mouse?? The insightful suggestions to 'make them work for information' does two things. Buys you irrelevant extra time and wastes the opportunity to give them a letter that proves their lack of a case. Use your head people! And I've yet to see a judge that doesn't appreciate good faith efforts by parties to resolve issues without litigation.
  18. I don't know why you would want to waste everybody's time by refusing to give them copies of the letters- you can't withhold relevant information anyway so why not give them the least amount possible and yet fulfill their request. I'm sure it would work in your favor if you do get in front of a judge that you have "provided plaintiff's counsel with all requested documentation."
  19. Spoken like a true attorney Nascar!!!!haha
  20. You may want to consider writing your attorney general- most don't want to mess with the AG office since their resources are virtually unlimited and their willingness to pursue a matter is not dependant on the Plaintiff's ability to pay--- just a thought! Good luck!!!
  21. I WOULD PRAY THAT THEY WOULD SEEK(GET) A DEFAULT JUDGEMENT!!!!! Easiest $1000 you could ever ask for! I am speaking from personal experience on this one. A very good attorney told me "You learn in the first day of law school that an answer is considered an answer." Mail your answer CMRRR and hope that they do something stupid. Then you can get an attorney to handle the rest of the matter on the Plaintiff's dime.
  22. I think I would file a motion to dismiss. I wish I could see your your complete request for discovery and interogatories- but I don't know what they could have that would defeat your motion to dismiss
  23. In MN, serving an answer to the complaint upon the plaintiff's attorney constitutes an 'answer'. Don't get hung up on a 'formal' answer as prescribed in the rules of civil procedure. That said, I would send them an answer listing your affirmative defenses. I would threaten to invoke arbitration and I would list and describe my counterclaims and explain that you have an attorney willing to pursue your FDCPA claims in federal court since there would be no cost to you but far more potential cost to the attorney and/or to their client. Read some of trueq's posts in the arbitration forum so as
  24. It's hard to believe that in this country, banks are allowed to get away with things like saying that a business day ends 2:00. I can only imagine how much money annually that that change in policy yields the banks. Starting a bank is about the most difficult thing on earth to do- it is no doubt a good ole' boys club. I am surprized that a class action on this matter hasn't been tried. (to my knowledge)