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docniss

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core_pfieldgroups_99

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    Mom, Martial Artist, boating
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    Physician

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    IN

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  1. I have requested a POD and Admissions from the Plaintiff, they did respond with the same old stuff, but after doing a little more research I was thinking maybe I should have asked other questions. Can I send out another POD and Admissions? If so, how do I title it so the Plaintiff's atty knows it is a separate request?
  2. So I requested discovery back in May, they did not provide saying I did not submit it properly even though in July the judge ordered them to comply with my request, they since have responded, but did not provide any real answers. In June (after I requested discovery) the Plaintiff filed Motion for Summary Judgment. I am in the process of answering that right now, my deadline is this Friday. In that Motion, is the affidavit from the OC as well as photocopies of bank statements with NO account numbers on any of them. Any feedback as I start to Answer the Motion for Summary Judgment?
  3. Does an affidavit from an OC hold weight? I know when it comes from a JDB it typically does not or at least you can fight it in court, but what about from the OC? BTW, the documents say "I am an authorized agent of Plaintiff CAPITOL ONE BANK (USA), N.A....." On the second page where it is signed it is only his name, but no indication as to what title he holds with the company.
  4. How does the whole affidavit stuff work if the affidavit is from the OC? It only indicate she/she is an authorized agent of Plaintiff, Cap One and where it is signed it only has his name, no title as to his position with Cap One.
  5. ok so I was just reviewing some documents. the Plaintiff provided me with an Affidavit, I have read a lot here about those. this one is from someone that claims to be an authorized agent of Capitol One, does that hold any weight or is it B.S.? Oh I see where it says " The books and records of Cap One show that the Defendant is currently indebted to Cap One on account number____________ (this is left blank on their affidavit) for the sum of.... " Where it is singed and dated it is signed interestingly enough before the case was actually filed in the courts and the person that signed it does not have a title associated with his name.
  6. Massive: The debt was not sold, the law firm represents Cap One. Admin: First back in May I filed for POD etc and was told by the Plaintiff that they would not respond because I filed it with the court, I requested the court to make them comply with the request, they filed a document iwth the court saying they did not have to because I filed with the court, but I did serve them too, so I researched and resent to them another request for the POD & Admissions I wrote out some of my questions and the response is in bold. i will not put them all as you can get the idea from a few: (1) That the Plaintiffs admit or deny they have an Original Credit Applicatin on file of the Defendant with a verifiable signature? Plaintiffs atty respopnse Plaintiff objects s the term "verifiable signature" is undefined. Without waiving said objection, Plaintiff admits the inclusion of a verifiable signature on the application. (2) That the Plaintiff's admit or deny that they issued an Original Credit Application? Plaintiff objects as the term "issued" is undefined and confusing. Without waiving said objection, Plaintiff admits that the Defendant applied for an account. (3)That the Plaintiff's admit or deny they have OLDIS_the online data information sheet with authorization code? Plaintiff objects s the term OLDIS -the online data information sheet is undefined. Without waiving said objection, Plaintiff cannot admit or deny Anyway, the husband is just so overly stressed by not being able to provide for the family and these sorts of things just seem to be the icing on the spoiled cake. I would probably fight it if it were me, but I will pass this and any other info you all might provide onto him and decide where we should go next.
  7. Thanks for the feedback. I do know what is going on with the case, I handled most all of it and was in court with him each time, even the last time when the Plaintiff did not show only to have the sheriff knocking 4 days later. I also knew the info about not being able to attach the house if both our names were on the deed, but right now it is only my name on it. But I just didn't not know how it would be that property could be seized inside not knowing who it belonged too, I mean I am the one with the job right now, not him, so how in the world can he purchase things??? At this time this particular case is oik. the Plaintiff I am certain was out to prove a point, because we came to court prepared, even though husband lost, and we are still ticked that we have to pay them then they did not fix the item and we had to spend another $1000 to have it fixed so we have held any seizure of property at bay by making a p[pittance of a payment every month to the courts, I guess our passive aggressive way of sending them a message. Unfortunately the judge and plaintiff made it clear that they knew each other, from previous cases. Anyway, thanks jq26 and others for the info, I will look all that stuff up as he has a Cap 1 case pending against him right now. I have gotten a lot of useful info from this site and recommend it to all I know that find themselves in a rough credit circumstance.
  8. Had this happen in regards to a small claims case against husband. He lost 2 years ago, but he paid nothing. Plaintiff finally sent sheriff knocking on door. Sheriff says he will be back in 4 days to take stuff from the house. Husband has been injured and unemployed, but since the sheriff came knocking has reached an agreement to send plaintiff a small amount each month, which he has been doing. My question is can that be done legally if the husband is not on the deed to the property? If I "legally" own the property, how can someone enter my house and take my property to be applied towards a judgement on someone else?
  9. I will make it brief. My husband is being sued by Cap One. We have gone through all the steps that needed be done legally. He requested POD, and Admissions etc. What we got was of course the text book copy of old statements, but also, a printout of a computer screen with husbands name, SS#, and old work address. At this time, husband wants to write the lawyer and offer them a settlement, low ball them, but I know from reading here that a low ball offer will likely go unanswered. The next court date is October 15, just wondering if he should make a low ball offer or wait, go to court and make his case in front of the judge. He obviously will not be able to deny the charges as they have his SS, Name and work address, but he has no money/job as of now, husband has been unemployed for the better part of 4 years first due to the economy, then most recently he suffered injuries on 2 separate occasions to his legs that has required surgery to both. He was not able to leave the house without assistance for the first 7 months of this year. Fact is, he does not have the 7+K to pay it, a low ball offer, we could probably arrange, if a judgment is set against him, the bes we cold do it $10-25/month. So should he write a letter or go to court?
  10. I will be as brief as possible. Spouse has a judgment from 2008. It is still B.S. because the item was NOT repaired. Anyway, due to serious financial issues, Judge said at the initial Pro Supp to inform the court of any financial changes. Well the only changes have been for the worse. Medical bills, unemployment etc. Over the 2 years the Plaintiff has used collection agencies to try to collect and we have DV'd, they would provide judgment documents then spouse would not hear from them again. Plaintiff filed for another Pro Supp earlier this month. Spouse showed, Plaintiff did not appear. Today sheriff shows up with Writ of Execution and says he will return in 4 days. Spouse does not have any assets. Plaintiff has already tried to get bank accounts, but spouse has none. Spouse is also not on deed or title to any real property. Q: can stuff in house be seized by sheriff since spouse is not on deed to the property? Q: would property not a least be considered joint property? and if so is it true that joint property cannot be attached or seized. To clarify...the judgment was ONLY on the spouse. we have dealt with this pro se, how would I respond to the courts to get a "stay" of this seizure of property?
  11. I will be as brief as possible. Spouse has a judgment from 2008. It is still B.S. because the item was NOT repaired. Anyway, due to serious financial issues, Judge said at the initial Pro Supp to inform the court of any financial changes. Well the only changes have been for the worse. Medical bills, unemployment etc. Over the 2 years the Plaintiff has used collection agencies to try to collect and we have DV'd, they would provide judgment documents then spouse would not hear from them again. Plaintiff filed for another Pro Supp earlier this month. Spouse showed, Plaintiff did not appear. Today sheriff shows up with Writ of Execution and says he will return in 4 days. Spouse does not have any assets. Plaintiff has already tried to get bank accounts, but spouse has none. Spouse is also not on deed or title to any real property. Q: can stuff in house be seized by sheriff since spouse is not on deed to the property? Q: would property not a least be considered joint property? and if so is it true that joint property cannot be attached or seized. To clarify...the judgment was ONLY on the spouse. we have dealt with this pro se, how would I respond to the courts to get a "stay" of this seizure of property?
  12. Actually, if you did enter the ER those 4 times, You are the one that is responsible for payment. The hospital is under no legal obligation to file your insurance. Although most doctors offices and hospitals will file your insurance complimentary, unless it is Medicare or Medicaid, they are not legally required to do so, that is the policyholders responsibility. It is your insurance, not the hospitals so if for some reason the hospital has not filed your insurance or they did not follow up when payment was not sent to them all you need to do is to do it yourself.
  13. Thanks for all the input. david9041: it is too late for that idea, the other 3 properties are long gone and the one in question has already gone through the courts, it is scheduled for Sheriff's sale. Right now I am trying to set some money back so that I can help these people relocate, was just hoping they would not have to do it at Christmas. nascar: I agree with you, but I don't have anymore documentation now then what I had on the court date. The court date was fun, it was a newbie lawyer and the questioning I brought up to the judge about them not having the right to foreclose made this newbie lawyer break out in a profuse sweat when the judge made him sit and go through case law books to prove what he was saying (he had the promissory note and therefore had all rights to foreclose) it was fun to watch this kid sweat it out for 20 minutes. In the end, the lawyer was able to show the judge in case law books that he who holds the promissory note, owns the rights to the property. brokebob: thanks for the info, 90 days is a lot of time, not required here in IN, and I am sure the tenants do not know what is going on, I have been trying to fight this thing to get them to be able to stay. debtfreein18: I am going to help them out, they are good people. Had I had this same quality of person in my other houses, I never would have lost them to foreclosure. This was a bit different, it started with the lender sending me letters 2 1/2 yrs ago saying that they had $$$ (the amount of the monthly payment)in an un-applied account and I needed to send them more money and that the loan was delinquent and if I did not send them the money they would foreclose, this went on for 9 months of phone calls and copies of canceled checks showing I was not behind and they needed to APPLY that unapplied money to the loan. Then all of a sudden I stopped receiving those letters and then when I went to pay insurance on another property I was told by my agent that this house in question needed to get paid too, I said heck no that one is escrowed and there is no way after dealing with them for the last 9 months on the other issue was I going to dip in and pay what was sitting in the escrow account. I later found the the taxes were not getting paid via escrow either, but I had no extra money as I had an ARM loan (I tried to get the loan modified but that is when the crap hit the fan...again)and only had about $15 rent-mortgage pymt. I tried to get these people to buy the house, but I don't think they can do it. Anyway, yes, I am going to do good by these people it is not their fault. shortbus: not sure how your friend did this, but corporation or not, in this state and in this county you have to hand over 100% cash on the day of the sale so the corporation has to have money. I have already been lured in by these no money down Carlton Sheets ideas.....I am no longer interested. I may not be a genius, but I do learn from experience. One thing I have learned is that I am not the Landlord type of person. I have 1 house with no issues and good tenants and I am keeping it that way. 2ndtimearound: thanks I will look into it.
  14. trueq, well that would be the simplest way, but I cannot afford to do that. I have no cash, 100% is due day of sale in this county. I have no way of obtaining any credit to do so either. This house was the "best" of 4 purchased from 2 guys that left me hanging a few years ago. The other 3 are already lost to foreclosure. This one was doing good because I had these people who actually paid the rent, unlike the tenants the sellers had put in the other 3 to make it look attractive to me. So I now have 4 foreclosures on my CR. Add in that my husband who had fallen ill and was unemployed for 3 years just started working about 9 months ago at a commission only job , he cannot get a paid job right now because of the negative CR, and that our county has a 20%+ unemployment rate. So I appreciate the idea, but I am finished with the rental biz in that community. I have one other house 2 minutes from where I live, I drive by it daily and it is easy to occupy, I have had 100% occupancy since I bought it 41/2 yrs ago, but all these other houses were 45 min. away and not in a area that was safe for me to go look on alone. My husband was to manage these properties but as I said fell ill. I know there are legal maneuvers to get a stay of the sale, but the info I have seems to be if it is for a primary residence and not what was a rental. I am just trying to help these people not have to move on Christmas Eve so would appreciate any other ideas to get a stay of the sale or any info on what legal document I should file to get a stay.
  15. I had a rental house, it has been foreclosed on in the courts, the Sheriff's sale has been scheduled. I would like to delay the sale because the people that live in the house have medical issues, and I would like to help them stay in the house until at least after the holidays, the sale date is mid Nov so at the rate things are going in this county, they will probably be evicted just before Christmas. The house was not foreclosed on because they did not pay rent, it occurred because while I was in the process of modifying the loan, they started the foreclosure procedure in addition, the lender had not paid the taxes and insurance out of the escrow account for 2 years. The loan was initially with First Horizon, they changed the servicing to ASC, of which it appeared the loan was also sold because the parent company of ASC is Wells Fargo, but court papers were filed by U.S. Bank. I did all I could and attended the court date, but basically the lawyer had the promissory note in hand and claimed his client U.S. BAnk had ownership and therefore the foreclosure was granted. The lawyer claimed the loan was never sold just that basically all these companies were one in the same. Any ideas on how I can get a stay of the sale so these people are not looking to move at Christmas and in the lousy Northern Indiana winter?
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