demsco

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About demsco

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  1. Sorry for the Delay. Onondaga City Court. It should be Supreme Court, but it appears they are playing games with the limits. They sent 3 different amounts I "owe" ans decided to sue for a lesser amount so it falls outside of supreme court. I assume this is for a couple of reasons, it is quicker or it is because the judges are not s sophisticated. However I did finally get referred to an attorney who does handle this, so I think I am hiring him, if this was a smaller case I would do it myself, but not this time with this amount. I am crazy, but not stupid! Seriously, thanks for getting back to me. Can I PM you with another question? It is about the Cuomo roundup which I got involved with as well.
  2. I read the Sticky, but it did not help with how to answer the allegations in my situation, plus I am in NY, so I am not sure what I can or cannot use. Any help would be appreciated! Here is what it alleges: 1. Plaintiff is a foreign limited liability company licensed to transact business in New York. 2. Upon information and Belief, the defendant resides or has an office in the county which this action is brought, or the defendant transacted business within the county in which this action is brought, either in person or through an agent and instant cause of action arose out of said transaction. As and for a First Cause of Action 3. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as if more fully set forth herein. 4. Plaintiff's predecessor in interest, (OC) (AC#), (Hereinafter the "account"), in defendant's name. 5. Defendant accepted the offer by using account. 6. Defendant Defaulted by failing to repay the balance due under the account. Demand for payment was made, but defendant failed to repay the balance owed. 7. The original creditor sold the account, including all right, title and interest in and to the outstanding balance owed by defendant, and plaintiff is now the owner and assignee of the account. 8. Defendant now owe a balance of $XXXX as of (ridiculous date that is not real) with interest from (same ridiculous date that is not real), not part of which has been paid despite due demand thereof. I am unsure how to respond or what format to respond in, is there a form letter I use? a general denial or what? ANY advice would be great! I may hire an attorney, but I have 10 days, so who knows if I can track one down in time!! BTW, I did DV them, twice. The first time they responded with old copies of statements so I asked for more info in the second DV and this is what I got. I think I will win the case, but I need help in answering the summons as I have discovery down fairly well or will have an attorney by then!! THANK YOU SO MUCH!
  3. Thank you. While we settled the case we never voided the complaint of improper service, does that matter?
  4. I found this to be interesting for those in New York: http://files.bromberglawoffice.com/Citibank_South_Dakota_NA_v_Martin_11_Miscv3d_219_807_NYS2d_284_2005_25536.pdf Citibank (S.D.), N.A. v Martin2005 NYSlipOp 25536December 16, 2005Lebedeff, J.Civil Court, New York CountyPublished by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.As corrected through Wednesday, March 08, 2006Citibank (South Dakota), N.A., Plaintiff,v Cybel Martin, Defendant.Rushmore Recoveries IV, LLC, as Assignee of Chase Manhattan Bank, Plaintiff, v Alfredo Viera, Defendant.Page 1 of 11Citibank (S.D.), N.A. v Martin (2005 NYSlipOp 25536)11/12/
  5. Hello, a couple of questions for you all, I really love this place! 1. Some of you know that I settled my case yesterday, but the on the record settlement never mentioned that I could not sue them for improper service, which they are guilty for. So, can I sue them for it and what do I sue them for? 2. I sent a DV letter to another CA and they received it on 1/17/09 and on 1/19/09 they called again. They failed to start the conversation with the standard I am a debt collector anything you say will be blah blah blah, instead he said that about half way through the conversation. I told them that I sent a DV and your office received it on 1/17 and you are in violation. He then said I am calling about your arbitration case, I said ok, but you have not even sent me a dunning letter yet. He said good luck and hung up. With that can they take me to arbitration, I will fight it of course, before they respond to the DV and they did violate the FDCPA by calling after the letter was received, any advice on this?
  6. I think that you should definately make contact if you intend to settle. I agree with the post above that says you are offering too much money. There is no harm in negotiating. You could simply say that you do not have a lot of money, but you want to avoid court and attempt to settle the debt. Worst case senario is that they say no and you are where you are today. They might say yes, but I would attempt to call the OC instead of the attorney, the attorney will say no because he wants you to pay the legal fee, IMHO. Call them and see what happens. I just settled mine and it stinks letting the money go, but if you think you will lose then try now before it goes to court. I am sure others will give their 2 cents as well.
  7. OMG, that is a great story. Want to go with me next time I am in court?
  8. From What I know, just make sure you respond to the summons right away, use what DH said above. Then go for Discovery, that is where you hit them with the details. If they are a JDB then it may be difficult for them to provide all you are asking for. Search for Discovery in the forum and you will see what you can ask for. I know others will offer their opinion and they are much more versed than I in these matters, but right now make sure you answer the summons, vacating a default jugdement is difficult, I just went through it and settled it. Then hit them with discovery. The Sticky threads above are AWESOME! In discovery site case law, I cannot remmeber the case law, but it is up on the first thread I believe. Even if you owe the money do not back down because they wont. Either they, if it is a JDB, might be unable to gather the necessary proof and you could ask for a dismissal for lack of evidence or you might be able to settle for a lot less. I settled, but you have to do what is right for you. If you are indoubt and think you cannot defend yourself, hire an attorney. You should also check to see if they violated the FDCPA and file a counter claim - if they did violate the act that is. An attorney may not be out of reach shop around for one or see if there is a legal aid attorney that can help you.
  9. I know. I always second guess. How do I tell if it is a JDB on the legal paperwork?
  10. I think DebtorsHusband is right and the responses should be adequate. As others have stated make sure to answer all of the counts because if you leave one unanswered it means you agree to it, from my understanding. Make sure you get the answer back to the court and the plaintiff within the time provided. From there you will be issued a court date and the discovery process. I have read some great stuff on this forum about the whole process, read the sticky's. If you are worried then hire an attorney, but regardless answer the summons and if there is a court date SHOW UP! If they bought the debt they may be counting on a default judgment, don't give it to them. I did not fight mine as I was not served properly, so whatever I say would be trumped by others on here.
  11. Hello, Thank you all for your responses, I appreciate all of your help. I had my traverse hearing today and the server did not show. I was left with 2 options: 1. Continue on with the hearing risking that F&G was not really asigned by the OC; or 2. Take a settlement offer of half the judgment. I chose option 2 because if they resued it was unknown if they could produce all of the discovery, their lawyer said that it was still the OC in charge, and I would lose and would have to pay all the judgement. I opted to cut my loses and accept the settlement offer of half. Since they garnished my wages this means I have to pay a few hundred more and it is done. The settlement offer was put on the court record. I also have a couple of questions. The court case said OC represented by F&G law firm, does this mean it is still the OC or what? How do I tell if it is a JDB or OC pushing the litigation? Did I make a mistake by taking the offer?
  12. You are correct about not getting served. I have 2 affidavits about the person he claims he verified my identity and address saying the person does not exist and the house he claims he went to is vacant. I am just stressing, I think I have it though. Many thanks.
  13. Thank you. Any idea what I do when the process server lies? I know I should not call him a liar, but should I remind him he is under oath and them drag him to the carpet? My issue is the wage garnishment and the amount of the alleged debt.
  14. Thank you for your reply. The firm is trying to negotiate with me before the hearing. Maybe I am being too pig headed, but this firm has a history of doing this and another CA laid claim to the debt to. So, negotiating seems pointless if I do not know if the debt is valid. I have turned down their offers, but I did say I would accept any offer they make as long as they could offer anything from the OC with my sig on it... I have not heard back yet. Is there anything I can do to put the process server on the spot? Or do I just bust him on his lies? Thanks again! And yes this hearing is because of my motion to vacate.