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kristy46113 last won the day on January 2

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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
  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 determini
  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 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 t
  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 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
  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 p
  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