kristy46113

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About kristy46113

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  1. I have a credit card from a nasty separation some time ago (2005). The lender was JP Morgan Chase. It went through one collection agency who just called me non stop. I received a letter the other day from Asset Acceptance, and the balance due has increased by about $350.00 from the last JDB to Asset. Is this normal? I'm not sure why they would be increasing the balance due.
  2. I received (a while back actually) a document from the judge titled "order concerning motion for summary judgment" in which the judge indicates that the court will rule on the motion without hearing arguments unless a party files a written motion requesting a hearing. I'm curious if anyone else has ever received one of these, and what they normally mean? Obviously, nobody can predict the outcome of a case, but does this type of document normally throw a flag that indicates the judge may have already made a determination? I'm requesting a hearing in my case, but wanted to know if anyone else has been faced with this document, and what the outcome of your situation was?
  3. I have a question on this post regarding a similar situation I am in. I live in Indiana, and am arguing for Delaware SOL. Where do I look to determine if Indiana law allows me to apply the SOL of Delaware? Is the credit card agreement not enough? I find it unfair for the JDB to get to use the credit card agreement when it's convenient for them, but to say it's incorrect when I use it to my advantage.
  4. Below is my response to a motion for SJ received. What do you think? Should I add case law? Being sued by JDB for debt past SOL. SOL stated in CC agreement is different state than where I live. Defendant prays that the Court deny Plaintiff’s Motion for Summary Judgment for the following reasons: 1. The applicable Statute of Limitations has run. The contract related to the alleged credit card debt which is the subject of this litigation states that all disputes will be governed by the laws of the State of Delaware. Plaintiff, who was in a superior bargaining position in determining the conditions of this contract, chose the state in which disputes would be litigated and that state is Delaware. Therefore, the Delaware Statute of Limitations should apply. The Statute of Limitations in the State of Delaware for litigation related to the alleged credit card debt in question is three (3) years. The credit card account in question was closed by the issuer on (date) 2. Plaintiff has not provided defendant an exact accounting of the debt Plaintiff alleges is owed by Defendant. Plaintiff is entitled to such accounting by Indiana Statute (name the statute which was in your prior documents).
  5. For a sample response to summary judgment and can't find one ANYWHERE. Does anybody have a sample of what this document should look like (formatting, etc)?
  6. Hey everyone, Just received a motion for summary judgment...and I'm needing to find case law regarding choice of law...does anybody have any references that might help me in this area? Attorney is trying REALLY hard to get my SOL defense thrown out. I'm in Indiana, trying to use Delaware SOL per CC agreement. Thanks!
  7. So, apparently my response to the Plaintiff's interrogatories wasn't good enough. In a nutshell, I admitted that I applied for the card, used it, paid on it, but asserted that it is past the SOL of Delaware (governing law). They still have not provided me a full accounting of the debt or how they even got to the amount they are suing for. The documents in my case are far too big to post on here...so I guess I'm just curious as to what I do next...??? Do I need to file a response of some kind? From all the information I got on here, I thought my SOL defense was solid...seemed the lawyer tore right on through it though.
  8. Thank you, thank you, thank you all! You all said it perfectly. Since I know that no payment was made past the "date of last activity" then they are outside the SOL so the debt is truly time barred. Sending off my response tomorrow, wish me luck!
  9. I don't suppose there is anywhere on the net I could find an "official" document that states this that I can include with my response? I haven't been able to find one thus far.
  10. OK...I've been searching for a while now. I'm trying to find out when the SOL for a credit card debt should start. Does it start from the date of the last payment? Or does it start from the day the debt is charged off? This is critical information for me as one of the dates falls within the SOL, the other one doesn't. I've found several threads that talk about this, but the information seems conflicting from different board members. Anyone know for sure? I live in Indiana, but the debt is governed by the laws of Delaware (not sure if that matters for the purpose of this question). Thanks!
  11. Forgive my ignorance as I'm trying to get through this with next to no knowledge on these documents. What type of state law and I to cite? I'm horrible at finding these things...would this just be on my states website? Thanks again everyone!
  12. Can you ellaborate on this one? Would they have needed to cite the state law in the Complaint? I ask, because they haven't cited state law in ANYTHING they have sent me...so I'm curious on how to "get them".
  13. Continued again...last time REQUEST FOR PRODUCTION OF DOCUMENTS 1. Please produce all documents utilized, referred to, consulted and/or referenced in formulating your responses to these Interrogatories and Requests for Admission. 2. Please produce all documents, evidence and/or exhibits which you intend, contemplate, or expect to enter into evidence at trial, hearing, arbitration, mediation or other proceeding in this matter or to use to refresh a witness’s recollection. 3. Please produce copies of any and all documents pertaining to the debt that is the subject of this lawsuit or pertaining to your affirmative defenses (if any). 4. Please produce copies of any documents provided by you to any expert witness. 5. Please produce any and all documents relating to or comprising any expert’s report, opinion or conclusion, and a copy of each expert’s curriculum vitae or resume. 6. Please produce legible copies of any checks, check book log records, any money order receipts, wire transfers, checks by phone, or any other documents related to any method of payment and any other documentation evidencing payments made to the credit card account ending in XXXX. 7. Please produce a copy of each and every document sent by you or sent to you by JPMORGAN CHASE BANK. 8. Please produce copies of any documents reflecting payments made to JPMORGAN CHASE BANK, to Plaintiff, or to any other person for the credit card account ending in XXXX, which you believe are not credited in the balance(s) sued for in Plaintiff's Complaint. 9. Please produce copies of any documents showing that you are entitled to any credits, offsets or deductions not already reflected in the balance(s) sued for in Plaintiff's Complaint. 10. Please produce copies of any documents showing that you do not owe the balance(s) sued for in Plaintiff's Complaint. 11. Please produce copies of any documents relating to your affirmative defense in which you allege that the Complaint fails to state a claim upon which relief can be granted. 12. Please produce copies of any documents relating to your affirmative defense in which you allege that the Complaint violates the Statute of Frauds. 13. Please produce copies of any documents relating to your affirmative defense in which you allege that the Complaint was not filed within the Statute of Limitations. 14. Please produce copies of any documents relating to your affirmative defense in which you assert accord and satisfaction. 15. Please produce each and every document relating to the allegations in Plaintiff's Complaint and/or relating to your affirmative defenses (if any) that has not been produced in response to a previous request for production. 16. Please produce any and all documents supporting your answers to the attached Interrogatories and Requests for Admission, if such documents were not produced in response to Requests for Production nos. 1 through 15.
  14. Continued from previous post... REQUESTS FOR ADMISSION 1. Admit that you applied for a JPMORGAN CHASE BANK credit card. 2. Admit that you received a card from JPMORGAN CHASE BANK with an account number ending in XXXX. 3. Admit that when you received your JPMORGAN CHASE BANK credit card with account number ending in XXXX that you also received a Cardmember Agreement. 4. Admit that you used your credit card ending in XXXX to purchase goods and/or services and/or to draw cash advances and/or to transfer an existing balance from another credit card account or other source. 5. Admit that you made payments to JPMORGAN CHASE BANK for the credit card account ending in XXXX. 6. Admit that you received monthly billing statements from JPMORGAN CHASE BANK. 7. Admit that you did not dispute any item listed on a monthly billing statement from JPMORGAN CHASE BANK within 60 days of receipt of the monthly billing statement containing the item at issue. 8. Admit that you did not ask JPMORGAN CHASE BANK to close the credit card account ending in XXXX. 9. Admit that you owe the sum of $XXXX plus interest at the rate of 10.00% from XX/XX for the balance due and owing on the credit card account ending in XXXX. 10. Admit that you have made no payments to either JPMORGAN CHASE BANK or Plaintiff which are not reflected in the balance(s) due and owing as stated in Plaintiff's Complaint. 11. Admit that you are responsible for the credit card account ending in XXXX. 12. Admit that you received the CHASE credit card statements attached to these requests as EXHIBIT A. 13. Admit that you received mail at 123 MY STREET NO WHERE, NA 12345 in 09/2008. 14. Admit that you are not are entitled to any credits, offsets or deductions not already reflected in the balance(s) sued for in Plaintiff's Complaint. 15. Admit that you owe the balance(s) sued for in Plaintiff's Complaint. 16. Admit that you are the party liable for the relief demanded in the Complaint.
  15. Thought someone might ask that...I've pasted below (in a couple posts though) INTERROGATORIES 1. Please state your full name, address, phone number, social security number, date of birth, and the name and address of your current employer. 2. Please identify each and every individual with knowledge relating to the allegations contained in Plaintiff’s Complaint and/or your affirmative defenses, and for each such person, please state his/her full name, present address, phone number, and the substance of his/her alleged knowledge. 3. Please identify any expert witness consulted and/or retained by you who will or may possibly testify in this matter, and for each person identified, please state his/her full name, present business address, telephone number, and the substance of his/her expected testimony. 4. Please identify each and every person whom you anticipate you may call as a fact witness or expert witness at any trial, hearing, mediation, arbitration or other proceeding in this matter, including, but not limited to, each witness’s full name, address, telephone number, and the substance of each such witness’s expected testimony. With respect to each expert witness, include that person’s qualifications, conclusion or opinion reached, and the basis of such conclusion or opinion. 5. Please identify all persons providing information contained in the answers to these Discovery Requests, including those persons who have prepared or who have assisted in the preparation of the answers to these Discovery Requests. 6. List all addresses at which you have resided or received mail since XX/XX, including applicable dates you received mail at each address. 7. Please state whether you have ever applied for, possessed, or used a credit card supplied by JPMORGAN CHASE BANK? If yes, give the date of application, account number, and all parties authorized to use said card. 8. If you claim that you are not responsible for credit card account ending in XXXX, please state in detail the factual basis of your claim that you are not responsible for that account. 9. If you dispute the amount Plaintiff states is due and owing by you as set out in Plaintiff's Complaint, please state the amount you claim is due and owing on the credit card account ending in XXXX, including all calculations and assumptions made by you in determining the amount you believe is due and owing. 10. Please list each and every payment made to JPMORGAN CHASE BANK by you at any time to the credit card account ending in XXXX, including, but not limited to, the date of payment, amount of payment, and type of payment (check, cash, money order, or other source). 11. Please list every charge, credit, debit, adjustment or other entry on the credit card account ending in XXXX that you deny responsibility for or dispute, and state in detail the facts supporting your denial of responsibility and/or dispute. 12. Please state whether you advised JPMORGAN CHASE BANK that you wished to close the credit card account ending in XXXX. If you did advise JPMORGAN CHASE BANK that you wished to close the Account, please state the manner(s) by which you contacted JPMORGAN CHASE BANK, the date(s) upon which you contacted JPMORGAN CHASE BANK, and the substance of any and all communications regarding your wish to close the Account. 13. Please list each and every financial institution at which you maintained an account from which you made payment to the credit card account ending in XXXX, including, but not limited to, the name, address, and telephone number of the financial institution, the type of account(s) maintained, and the account number(s). 14. Have you ever maintained any kind of account with JPMORGAN CHASE BANK other than the credit card account ending in XXXX? If your answer to this Interrogatory is in the affirmative, state the type of account maintained and the opening and closing dates of such account. 15. Please state every fact relating to your affirmative defense in which you allege that the Complaint fails to state a claim upon which relief can be granted. 16. Please state every fact relating to your affirmative defense in which you allege that the Complaint violates the Statute of Frauds. 17. Please state every fact relating to your affirmative defense in which you allege that the Complaint was not filed within the Statute of Limitations. 18. Please state every fact relating to your affirmative defense in which you assert accord and satisfaction. 19. If your answer to any of the Requests for Admission attached hereto is anything other than an unqualified admission, then please state in detail, for each such response, all the facts and circumstances supporting your response.