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About sassyfrass

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  1. Fair? Allow me to answer your question. I fought this action because I'm sick of banks gouging consumers with ridiculous interest rates, late fees, and penalties. I fought this action because I'm sick of lenders holding consumers to the terms of contracts which they arbitrarily modify whenever they feel like it, whether the consumer agrees with the changes or not. I fought this action because lenders have formed a syndicate with private, for-profit credit reporting bureaus for the express purpose of sharing private personal data--to financial and non-financial entities--under the fallacious g
  2. Attorney for OC filed MSJ. Went to hearing today. My part of it was done in about 20 minutes. I lost. It was a legitimate debt and I was a pro se defendant. Never had a chance. I gave it a sincere effort. Attacked the affiant's written statement and the OC's accounting process. The judge seemed amused, maybe even a little intrigued, by my attempt to do battle. But he wasn't buying it. He politely summarized the situation and stated that the plaintiff had met the necessary requirements for a judgment against me. Fortunately, there's no wage garnishment here in SC, but I still take the loss very
  3. After searching around a bit, I did find this device at It's fairly inexpensive and can be used with just about any type of phone.
  4. Thanks for the advice. I haven't heard from the law firm since I filed my answer to their complaint. I suspect that it won't be long, though.
  5. I've heard that it's wise to record any conversations with debt collectors who call on the phone. With that in mind, I'd like to find a decent phone recorder that has the ability to time and date stamp each call separately. I'd truly appreciate any recommendations. Thank you.
  6. Thanks, rikkivs. You were especially helpful and I truly appreciate it.
  7. I've seen several threads where someone went on to win their case and then came back to say "thank you". I want to offer my thanks up front. I'm too much of a rank amateur at this to save my gratitude for a hopeful victory celebration. It's only been a week or two since I first visited this forum. I had just been served a summons at my place of employment and I was in panic mode. I had never been sued before. As I frantically searched the internet for information about what to do, I happened upon this forum. I was very blessed to find a few friends here who calmly assured me that I was not al
  8. When citing case law, is it better to reference cases in one's own state, or is it better..even cite federal cases? Is it ever OK to cite case law in another state? One more thing: Is it proper to cite case law in response to a summons, or should that be reserved for summary arguments? Thanks for any help on this.
  9. From what I've read so far, it seems that most people who win a dismissal are dealing with "third party" collectors who have purchased a debt from the OC and have little evidence or find themselves guilty of FDCPA violations. One of my original creditors has retained a law firm to sue me on behalf of a credit card debt. The account charged off about a year ago. The OC is listed as the Plaintiff in my case. Should I treat this as if the law firm is just another third party collector, or is that ill-advised? FYI: This law firm is not the first agency that attempted to collect this debt.
  10. Can I do the graduated denial thing? "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount". If I were to put that on a notarized affidavit to counter their affidavit, and then I ultimately lost this case, would my sworn denial constitute perjury?
  11. "So is this a small claims action?" Not sure. The paperwork says "Court of Common Pleas". Is that the same thing as small claims court? "What they have is pretty flimsy UNLESS the affidavit was signed by the custodian of records of the original creditor." The affiant claims to be an "authorized agent" of the OC, but he does not state his title or relationship to this matter. "It is strange that they didn't attach an account statement. If I understand correctly, they only attached an affidavit." That's correct. They've only provided an affidavit. It's kind of curious since this account was prev
  12. Hi again, rikkivs. Here's what the Complaint says: "The Plaintiff complaining of the Defendant alleges and says: 1. The Plaintiff is a state chartered financial institution transacting business in interstate commerce. 2. The Defendant resides in XXXXXXX county, and is neither an infant nor incompetent. 3. The Plaintiff provided credit to the Defendant pursuant to a revolving credit agreement, and the Defendant has failed to pay Plaintiff $2805.00, according to the affidavit of account annexed hereto as Exhibit A, and incorporated herein by reference. 4. That the business transaction described
  13. What does "account stated" mean? What does "RCP" stand for? The lawsuit pertains to a credit card debt.
  14. You ask a very good question. I don't have a clue what I'm doing. I don't know what defenses I have or how to use them. I sent the validation letter to the law firm when they first contacted me back in January. I never sent one to the OC. I don't know yet what defense I'll present. I just know that my taxes help pay for the judicial system that is provided for their benefit...and mine. I also know that my taxes--your taxes--nearly everyone's taxes--have been earmarked for decades to come to repay any losses that these scoundrels may or may not have incurred. Win or lose, I intend to fight th