diamond0327

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About diamond0327

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  1. Just received a letter in the mail for a motion to dismiss without prejudice. So now do I just let it be and see what happen or do I go ahead and send my letter to dismiss with prejudice. I was mailing it off today....
  2. Here is what I changed. I left the others like they were because when they replied to my request for produce of document. They added the same thing. So I want it to look like they said they had it and could get it but have not produce the documents. Please read over my motion to dismiss. The Lawyer was unable to produce any sign agrement and/or contract. MOTION FOR DISMISSAL WITH PREJUDICE Defendant pro se moves pursuant to that the court dismiss to this action, upon grounds there is no genuine issue in the case as to any material document, and defendant is entitled to a dismissal as a matter of law in that: 1) The plaintiff failed to produce documents and/or original contract. Exhibit A. On Plaintiff own admission they will provide if and when it becomes available. Exhibit B. On defense request for admission Plaintiff admit to having An agreement or contract signed by Defendant. Exhibit C. On defense request for admission Plaintiff admit to being able to produce ownership of account in question. 2) The plaintiff has not proven that the claim is within the statute of limitations.
  3. Please read over my motion to dismiss. The Lawyer was unable to produce any sign agrement and/or contract. MOTION FOR DISMISSAL WITH PREJUDICE Defendant pro se moves pursuant to that the court dismiss to this action, upon grounds there is no genuine issue in the case as to any material document, and defendant is entitled to a dismissal as a matter of law in that: 1) The plaintiff failed to produce documents and/or original contract. Exhibit A. On Plaintiff own admission they will provide if and when it becomes available. Exhibit B. On defense request for admission Plaintiff admit to having An agreement or contract signed by Defendant. Exhibit C. On defense request for admission Plaintiff admit to being able to produce ownership of account in question. 2) No validation of this as a time barred on debt. If and/or when the statute of limitations has run out.
  4. Hello Everyone. I'm trying to help a friend. Her court date is 09/09/09..Please help. Thanks My first question is this I was serve at home, it was not giving to me it was giving to my sister boyfriend inwhich I got 4 days later. It stated I had an old medical bill back from 1998. I've check the statue of limitation in TN is 6 yrs on an old medical bill. I replyed back and told them I don't believe this is my bill and if it is please send a copy of the bill where I signed it and showing that if it is my bill be send me something showing that the SOL hadn't ran out. All I got is a letter from some woman saying I owe the bill and the bill dates. In my defense can I use that the SOL is out and I don't believe this is my bill?
  5. Order to denying defendant motion to compel -------------------------------------------------------------------------------- I received this in the mail today: Order to denying defendant motion to compel. They are saying they will produce a contract and/or document if they can get. And as of now they do not have them. Also that the Plaintiff cannot be expected to produce documents which do not exist or are not in its posseeeion. What do I now since they don't have any document and looks like they probadly will not get any documents..
  6. I received this in the mail today: Order to denying defendant motion to compel. They are saying they will produce a contract and/or document if they can get. And as of now they do not have them. Also that the Plaintiff cannot be expected to produce documents which do not exist or are not in its posseeeion. What do I now since they don't have any document and looks like they probadly will not get any documents..
  7. Ok all I sent the compel of document on 08/15 still no reply. What should I do now???? Thanks for the help.
  8. Ok I sent them the letter for them to send me the contract. There has been no response from them. I think now is time to send the Compel for Documents letter... Or do anyone have a better idea
  9. All Since I sent the FOAD letter no word from MCM. Thanks all for the help
  10. I sent them a admission and interrogatory of my own. They claim to have sent off for the contract, that was over 3 weeks ago. Do anyone have a sample good faith letter for me to send them to ask for the contract.
  11. Thanks All I will do my best in keeping it simple.
  12. Ok I'll wait and see if they send anything. As of right now they have not produce any evident to support they claim.
  13. They haven't produce anything at all. All it said on the admission and interrogatory is that they have sent off for the contract and all of the other question they denied.
  14. Here is a letter I found. Do I need to change anything? This letter is in response to May 05, 2009, concerning the collection of the above referenced Acct# xxxxxxxxxx. I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in Arkansas has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired. This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws. Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.