troubleinaz

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About troubleinaz

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  1. I just received a letter from Law Office of Joe Pezzuto, saying they "have been trying to reach me" and that there is a judgment against me from CACHE. This is the first I've heard of any court proceedings. I was never served. I moved from my old house 15 miles away in Sept 2013, almost a year ago. I don't know if that's where they supposedly tried to serve me, but I know for sure no one has ever served me any papers at my new home. I work from home, so I am here ALL day. There is no way I could have missed them. I think what I need to do is file a motion to vacate, but not sure. I've read elsewhere that CACHE is notorious for sewer service. What type of motion do I file, and what should I say in it? Then, when I do file, and assuming it is vacated - is there any way to prevent them from serving me now? I am pretty sure that I'd need to do the debt validation if they do, and doubt they have any paperwork, since it's in the hands of a second CA now. Can someone please clear things up for me so I'm sure of what my next steps should be? Thanks in advance.
  2. Hi there, My daughter signed for an apartment for her boyfriend because he couldn't qualify to rent. She lives with me at home and only visited him there. One day when she went to visit there was an eviction letter on the door. They had already gone through all the court proceedings and received the judgment, but this was the first notice she had ever seen. Boyfriend swears he was never served or mailed anything, that he left the payment in the drop box & they lost it. The apartment complex has the judgment. It's in both of their names, but only reports on my daughter's credit. They have since split up, but BF is taking responsibility for repayment since he is the one that let it happen. Since my daughter was never notified of the court proceedings she was not able to be there to ask that her name be removed. Long story short: CA called BF & he worked out a payment schedule of $250/month...when the paperwork arrived to sign, it stated $250/WEEK. He called to have CA adjust and got stuck with a different Agent that was rude and didn't like the agreement he had made. All she kept asking for was my daughter's information. He told the CA that my daughter was working and not to call her. She did anyway, of course, and told her that BF was yelling at her, and she was calling as a courtesy to her because BF was so adamant about not involving her that it seemed "fishy". CA proceeded to tell my daughter that the $250/mo was not enough and that she needed to put it all on a credit card (over $4k) and let the BF pay her back....or have her wages garnished. She called me hysterical. First of all, they cannot call her at work, right? Second, if the BF worked out a payment arrangement already, can they still call my daughter to harass her for more money? And, was the CA breaking any laws by threatening wage assignment at this point? Third, can my daughter file anything in court to have her name removed from the eviction judgment? BF is completely willing to appear in her behalf. The court clerk gave little to no hope that anything would help get her name taken off. I appreciate any recommendations. What should we/they be doing to protect themselves right now? Thanks in advance.
  3. In 2008 I had fallen behind on my DirectTV account, resulting in disconnection. I didn't return the equipment right away, hoping to have everything squared away and get the service turned back on. I did eventually reinstate service and have had my account in good standing for over a year now. But, DirectTV had already reported $900 non-return fee on my CR. I called DirectTV today to see if they would be willing to remove the negative report. I spoke to their billing department and dealt with a very rude and short rep. I couldn't finish any of my sentences without her interrupting to say how they COULD NOT remove a negative report once it had gone in to the CRA. After being interrupted several times I finally told her that I found it very rude and would appreciate being able to finish my sentence, that I may have been behind then, but I have been a loyal & on time subscriber for over a year now. I asked for a supervisor and got the same story. My question is: DirectTV stated that they CAN NOT remove the negative report from my CR. I thought it was the OC that always removed the report?? Is it that they CAN'T or they WON'T? How do I go about getting this off my CR? Thanks for any feedback.
  4. I am just beginning my DV process and have been doing some reading up on forums. The letters I have seen all say to include supporting documents, but what happens when you haven't saved any paperwork? I know it's terrible, and I will get better...but I had a bad habit of tossing all debt collection letters & statements without even reading when things were really bad & I knew I couldn't pay. So, now do I just dispute in the hopes the CRAs will not be able to complete the DV process? What's the best advice for a slacker like me? :
  5. I recently did a search for my name for any court records in AZ. This one came up and has me puzzled. Case Activity CAPITAL ONE BANK VS (me) Date Description Party 06/23/2009 DISMISSAL Plaintiff 1 04/21/2009 LETTER SENT 07/25/2008 CIVIL (JUSTICE COURT) Plaintiff 1 First of all, how can Cap1 open a case against me without any proper service? The court it was filed in is in a county I moved out of nearly 5 years ago! I never received any paperwork whatsoever. Since it shows as dismissed, does that mean the debt is no longer valid? (I can dream!) What should I do at this point? I have just started today to set up a credit repair system for myself, complete with 3ring binders and all the goodies to stay organized through the process. Taking advice from the great post found here: If you are wondering how to find your court records, here is the link I used: http://www.freeprf.com/court_records1.html
  6. Just received the DISMISSAL WITHOUT PREJUDICE in the mail!! Yeehaw!! Funny thing is, I hadn't even returned the new papers they were going to send out yet. It took them 2 wks to get the new paperwork out to me for signature, and I've been so busy with work I hadn't had time to get it back to them yet...guess they must have found the originals I signed. Either that or the court called the JDB atty and worked something out. Not sure, but it is officially dismissed now!! So, what do I need to do to get it off my CR? The debt is listed on CR by OC & JDB. How do I get both cleared off? Thanks for all the help here...I could never have done it without all of you!!
  7. I made a photocopy of the 1st dismissal the attorney sent and mailed my signed copy back via return receipt. Unfortunately, the attorney sends the paperwork to me unsigned by him, otherwise I would have already filed it myself. I'll sign it again and send it back. But, I just thought I could file my own motion to dismiss and show the judge the paperwork the attorney has sent me as proof of his intent.
  8. Well, this case is still not dismissed! The plaintiff sent me the motion to dismiss with prejudice, which required my signature. I signed and I sent it back w/return receipt. They received and signed for it on March 19,2009. I waited and waited for the notice of dismissal, and checked w/the court several times before the scheduled court date for trial came. The morning of the trial I checked the court again and there was still nothing. So, I called and spoke to the attorney office. The clerks there were more than RUDE, insisting that they had done what they were supposed to do and that was all they had to do. I knew we were supposed to appear in court in just a few hours, so I insisted to talk to the attorney personally & I finally got through to the attorney that I had met at the courthouse. He said he didn't even have the court date on his calendar because they filed the dismissal, but apparently "the court lost it". The attorney said he would fax a motion to vacate to the court which would give 30 days to re-file the dismissal. I still went to the court anyway, just to make sure they didn't pull a fast one & I lose for not appearing, but they had received the motion to vacate & cleared it from the schedule. A week later I received another Motion to Dismiss from the attorney requesting my signature. I probably made a mistake and did not send it back because I already had sent one and had proof that they had received it. Today, I called the court and they still had not received any dismissal paperwork from the attorney. I also asked that the court review the case and contact the attorney. I called the attorney and this time he was rude as well. He interrupted me when I was telling him I had already sent a the paperwork in and it was signed for in his office..to say that they filed it and the court lost it, now I have to sign a new one as the court can not accept copies. He is sending that out again. Ok, this is just really getting ridiculous! I do not believe that the court lost the paperwork. This is a small courthouse not overloaded with tons of people and cases. I feel like the attorney for Midland is just playing games to drag this out. I did not file a counter suit when responding, but was wondering if I could or should now. They have ZERO paperwork on this debt, which they admitted. What are my options? What should I do?
  9. First of all let me say THANK YOU, THANK YOU, THANK YOU to everyone here that supported me and gave your suggestions. I could never have done this without your help!!! Just wanted to update everyone. After filing all the proper papers I had to show up for the mandatory mediation. Well, the Mediator never showed up, but the Atty for the JDB was there. When he saw me check in he was quick to introduce himself and seemed very friendly. I sat next to him and was friendly right back. (catch more flies with honey). We chatted for a couple seconds about weather, lunch, etc. then he casually asked me, "so, what did you say in your answer again?" and opened his file. He went through the response and defenses and complimented my work. He even asked 'where I got all this'. Having read a few posts here I remembered reading about someone that had been accused by an atty to have received legal advice while representing themselves...a no-no. So, I figured that was some way of feeling me out for anything he could bring up. My answer was honest...I did a lot of research, found some great websites and an awesome forum!! At this point he tried to seem as off the cuff as possible and asked "so, what's the deal? Is this your debt or not?". Friendly and casual... But I had been trained well on how to answer that and said "Well, I don't know...I haven't seen anything to prove it." I also asked if he had seen all the filings I had put in the day before. He hadn't and asked what I'd done. Hmmm...Response to interogs, request for docs, motion to strike affadavit, and a couple others. Honestly enough, he explained the process from here out: we would agree to disagree and go to trial, I would ask for docs, they would look but probably wouldn't have any (he admitted Midland is the WORST), I would ask for dismissal w/prejudice, he would say w/o predudice, I would say no, he would say ok w/prejudice. All I said was, "yeah, I know. I've done a lot of research". Since the Mediator still hadn't shown up the atty asked the clerk for our own papers to move forward. We agreed to go to trial, and he said I could go ahead and read the other choices if I wanted to...I did, and saw the one that said "move to dismiss" and joked with him saying "we could save us both some time and just check this box!" He, laughed and said "Stop!" We walked out together and went our separate ways. I didn't check my mail for a couple days but when I did I was surprised to find an envelope from the atty office. I opened it to find the Motion to Dismiss w/Prejudice!! It was sent the day after our meeting in court. Guess he either didn't want to drive all the way back out here, he knew there was little shot at winning, or he just liked me. Either way, I was happy. I signed, made a copy, and sent the paperwork back to him within the 10 days. Mailed it registered return receipt just in case. I haven't heard anything back from the atty or the court yet. As a matter of fact I never heard anything back from the court on my motions I filed (affidavit to strike), but assume it's because the atty filed the Motion to Dismiss. How long do I wait, or can I file the papers, since I made a copy? I THINK I won, but am always looking for anything I may have missed or done wrong. Any comments?
  10. T H A N K Y O U !!!! That means a lot coming from you.
  11. Well, that's exactly why I was so frustrated. Because I don't understand how to find the cases in my state. I go to the links provided here that take me to ASU's collaboration of cases and laws or directly to the court's system and it all looks German to me. I get overwhelmed pretty easily when there is TOO much information. The case law (if that's what it's called) that I used in my memorandum is from FL because someone here was nice enough to provide a link to a document that spelled it all out clearly. To be honest, I didn't even realize it was all FL until it was pointed out... Too late now, because I filed it yesterday. I'll let you know if it gets thrown out or not.
  12. Thank you for your help. I filed my Motion to Strike Affidavit today, along with Response to Interrogatories, my Disclosure Statement and Request for Documents. I also have a Sworn Denial typed up to file but couldn't make it to the bank to get it notarized in time to file today.Depending on how the mediation goes tomorrow I will get that done too. I am a little nervous about the mediation. I'm not sure what to say but I think I feel a little better knowing that the attorney will not actually be there. I assume the Mediator is court appointed and unbiased. But, not sure. Has anyone else gone through this mediation??
  13. In AZ we have to file a memorandum in support of motion. So, this is what I put: IN THE JUSTICE COURT OF Your DISTRICT Your County, STATE OF ARIZONA ) Case Number: XXXXXXXX ) DoucheBag JDB / Attorney ) Plaintiff, ) MEMORANDUM IN SUPPORT OF DEFENDANT’S ) MOTION TO STRIKE AFFIDAVIT IN SUPPORT OF ) PLAINTIFF'S CLAIM vs ) ) Jane Doe ) Defendant, ) ) _______________________________________) Comes now, Defendant Jane Doe and respectfully states the following: Affiant’s Competency. An affidavit must clearly show the affiant is competent to testify to the matters stated in the affidavit. Fla. R. Civ. P. 1.510 Author’s Comment – 1967 [hereinafter “FRCP 1.510 Comment”]; Elser v. Law Offices of James M. Russ, P.A., 679 So. 2d 309 (Fla. 5th DCA 1996). An affiant fails to satisfy this competency requirement where affiant merely states, without more, that affiant has “personal knowledge.” Id.; see also Montejo Invests. N.V. v. Green Cos., Inc. of Fla., 471 So 2d 158 (Fla. 3d DCA 1985)(where affiant merely stated his title, that he was familiar with the facts stated in the complaint, and that to the best of his knowledge and belief the facts were true and accurate, affidavit was legally insufficient as it failed to show affirmatively that affiant was competent to testify to matters set forth therein, was not based on personal knowledge, and did not set forth facts as would be admissible in evidence); Iglesia v. City of Miami Beach, 487 So. 2d 1205 (Fla. 3d DCA 1986), rev. denied, 494 So. 2d 1151 (Fla. 1986)(“addition of the phrase that the affiant is ‘personally knowledgeable’ with respect to the allegations of the complaint adds nothing, since it is not a statement of fact, but is itself a mere conclusion or opinion of the affiant”). An affiant should establish the factual basis for affiant’s competence (i.e., age, bases of affiant’s personal knowledge of the relevant matters at issue in the case, etc.). M. Tanner & E. Gonzalez, Florida Civil Trial Preparation, Motion Practice (Fla. Bar 2002). I state under penalty of perjury that the foregoing is true and correct. Jane Doe By: _______________________________ Date:____ Jane Doe, Defendant Address Phone I CERTIFY that I mailed / delivered a copy of this MOTION to: DoucheBag Attorney / Plaintiff Address Phone Plaintiff's attorney at the above address By: _______________________________ Date:____ Jane Doe, Defendant
  14. IN THE JUSTICE COURT OF Your DISTRICT Your County, STATE OF ARIZONA ) Case Number: XXXXXXX ) DoucheBag JDB ) Plaintiff, ) MOTION TO STRIKE AFFIDAVIT IN SUPPORT OF ) PLAINTIFF'S CLAIM vs ) ) Jane Doe ) Defendant, ) ) _______________________________________) Comes now, Defendant Jane Doe and respectfully states the following: 1. Plaintiff has submitted into evidence an AFFIDAVIT IN SUPPORT OF PLAINTIFF'S CLAIM (hereinafter referred to as "Affidavit"). 2. Plaintiff has no evidence to support that they are the owner of said debt. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant. 3. Said Affidavit pertains to acts and events that allegedly occurred between Defendant and a third party, Bank of America 3. At no time was the creator of the Affidavits , or any of Plaintiffs employees present to witness any alleged acts or creation of the records of transactions occurring between Defendant and Bank of America. 4. As such said Affidavit falls under the hearsay rule and is inadmissible as evidence. 5. Defendant further states that the Affidavit is not subject to the Hearsay Business Records Exemption because it was not made at or near the time of the alleged acts or events, and; 6. The information contained in the Affidavit is merely an accumulation of hearsay, and; 7. Upon information and belief, the creator of the document is not currently and has never been employed with Bank of America and therefore cannot have personal knowledge of how Bank of America records were prepared and maintained, and; 8. Is unqualified to testify as to the truth of the information contained in the Affidavit. WHEREFORE, the Defendant prays this Honorable Court that Plaintiff’s Affidavit be stricken from evidence in the above action. I state under penalty of perjury that the foregoing is true and correct. Jane Doe. By: _______________________________ Date:____ Jane Doe, Defendant Address Phone I CERTIFY that I mailed / delivered a copy of this MOTION to: DoucheBag Attorney Address Plaintiff's attorney at the above address or Defendant's attorney By: _______________________________ Date:____ Jane Doe, Defendant
  15. Thank you Downto0 for trying to help The affidavit is from JDB and is the only evidence they are providing for their case. All it really says is that Midland bought the debt from BofA. There is no BofA account number, no signed record of any sort. I have a mandatory mediation tomorrow at 11am, so I had to be sure to get papers filed today. I put together the best that I could do. Hopefully it is good enough. I will post below and maybe it will be of use to someone else. I'll also keep you posted on the outcome tomorrow.