Kittyring

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About Kittyring

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  • Birthday 11/18/1942

core_pfieldgroups_99

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    Retired working Arts and Craft Shows

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    Michigan
  1. I have an interesting collection effort by Cavalry. This DC attempted to collect on an old account. Their first letter stated the routine info about an effort to establish a pay schedule on an alleged debt. At the end of the letter was a statement "The law limits how long you can be sued on a debt. Because of the age of your debt, we cannot sue you for it, even if you make a payment or promise to make a payment and Cavalry will not report it to any credit reporting agencies." I sent them a DV letter and disputed their claim. They did respond with a charge off statement, and copy of an agreement from Bank of A, the original holder. It had the same statement of cannot sue in it. This debt is beyond the statue of Limitation for me in Michigan. I also have documents from the first collection attempts back in 2013, where I took them to the brink of Arbitration. They failed to make the initial payment to JAMS who first placed it on administrative suspension for lack of payment and subsequently closed it. My questions are was this simply an attempt to catch me to make some payment to them? Or are they just making some vain attempt to have me feel an obligation to pay. Should I respond with a letter referencing my previous JAMS case or just ignor the whole thing. They cannot sue so they have no claim. Thanks to any comments.
  2. Thank you for sharing your work. I will use some of your arquements in my response as they did not reply to my discovery for production of documents that should contain the proofs that they lack to support their claim for damages, like how they calculated the debt, interest, fees etc. All they have is the Affidant statements that are heresay.
  3. If you haven't discovered elsewhere, when you file your response to the complaint, you should also file an affidavit that is noterized that denies the exisitance of the alleged debt, or the amount of the alleged debt etc. Affidavits are recognized in court as fact. Most of what is included in a complaint is not fact unless supported with an affidavit. JDB us affidavits as there proof of an account. Often these are bogus and you need to counter their with production of proof of your own. A simple affidavit is all that you need.
  4. Yes it did. The letter identified it as from a Debt Collector. It had the 30 da and I did reply in the 30 da with my validation letter. The second letter was essentially the same and I sent my second validation demand within the 30 days.
  5. In the brief filed by this JDB they use my responses to their Admissions as a reason for Summary Judgment. They state Defendants must specifically deny or state in detail the reasons why an answer a party cannot admit or deny. Most of the answers were "Lacked documents to answer, denies demands strict proof of question", or "Can neither admit or deny lack of sufficent information to answer" They claim the Summary Judgment should be allowed because answers are incomplete and evasive, and defendants by law are chargeable to know the facts upon which he would assert his defenses to Plaintiffs claims. They claim prima facie unrebutted to prove their case. Are they right?
  6. No the only contact has been through their attorney in Michigan. I should add that in the validation letters I notified them that I elected arbitration. I sent this to both the attorney, and to the JDB. I had to spend a great deal of time researching Main Street Acquisition to find them and their address.
  7. I answered the complaint and included affimative defenses. I file my request for Admissions, Production of Documents, and Interrogs. The fact that I was raising issues regarding the account to support their claim for damages, and Intergo directed at the person who signed the affadavid who is an employee of the JDB and not likely to have the OC documents acceptable for proof of the debt. I think that I pushed them and they are trying to intimidate me with the Summary Judgment motion.
  8. No. The first notice was from the Plaintiff's attorney who identify as a debt collector. I sent a VD and they did not respond. When I got a second notice, I sent a more succient VD and got nothing. Shortly afterward they filed the suit.
  9. BV80 can you elaborate on the issue of the first notices of this credit card debt being sent from the attorneys for the JDB? I am working on the response and brief in support. I would appreciate it if I could get some reaction to these before I send them. Is that possible? I am trying to put together a response that will at least get the JDB to negotiate a settlement. So far they have not be interested.
  10. Thanks for your reply BV80. The JDB did provide an affidavit from one of their employees who stated that she saw the records from the OC and verified the amount in their complaint. She also stated the date when the account was established. They provided me a copy of an agreement but it isn't from the time that the account was established. In their complaint, they alleged that I in fact had this document. I did send Interogs and request for production of documents at the same time I sent admissions. They did not respond to the Interog's. I sent Interog for both the Plaintiff, and for their affiant. No response. One of my defenses is that they failed to provide proper notice of this indebtedness. I received two notices from JDB attorneys demanding payment and both indicated that the OC was HSBC Finance. I did not have an account there. The actual account is with First National Bank of Omaha. I sent responses to both of these letters demanding verification. They did not send anything. Then the complaint did not identified the original account holder, but only the account number. The affidavit did identify FNBO. In my answer I provided an affidavit that I did not recognize the account and disputed the account and the amount.
  11. I need some advice regarding a summary judgment motion just filed by the JDB Main Street. I had sent my discovery request, along with admissions, and Interogs, and was waiting for a response. I got the admissions, and now a notice of the hearing for their motion for Summary Judgment. Their brief argues that defendant has failed to allege a valid defense recognized in law for which relief can be granted to Plaintiff. They claim no genuine issue of material fact concerning the indebtedness. They argue a breach of contract, but have not provided me with one. Secondly they argue an account stated and actionable. They have provided only copies of billings, not an accounting or audit to show interest that they claim. My questions are how do I answer this. I know they have the advantage of the legal arguments on their side, and I don't have much that I can argue to refute their motion. Any advice?
  12. Based on what you have stated it sounds like your almost done. I have had two cases that Zwicker was the scum that handled for AmEx. They are the lowest of liars and they just run a mill of paper that will lead to a judgment. In one case I lost. This was before I learned about using arbitration to get the this out of court. In Michigan it's cheap for them to get a judgment. Less than $300 for court and attorney fees if they don't work to hard. You have to answer the motion for a summary judgment with why they have not presented enough detail to show that you owe what you owe and that you are liable for the debt. Also the defense that no signed agreement will get you off didn't work in Michigan. All the judge wanted to know was if the bills were sent to my address and if I resided at that address. Zwickers argument that use of the card constituted your agreement to the contract. It may be different in Texas. In my second case we got to this same point, but I had demanded arbitration and Zwicker had refused. I had filed arbitration complaint and Zwicker was facing paying their portion of the application. Our attorney had developed a good response to their motion citing case law where they failed to show the existence of the contract based on the date they used in their filing, fact that I had demanded arbitration and they had ignored that, and finally they had not showed the court how they had calculated the amount that they alleged what owed. The outcome of this was we reached a settlement agreement. You should either work on a good response to their motion or get legal help to defend their motion. They don't put a lot of effort in their motions and you should be able to get motion dismissed.
  13. I have had two experiences with the arbitration card. In Michigan I believe you can make your demand for arbitration up to trial. In my experiences, I had filed with JAMS once before pre-trial, and secondly just before motion for summary judgment hearing. Both cases resulted in negotiation of a satisfactory settlement.
  14. As expected the dismissal will end the court case. Still pending is arbitration, and an OCC complaint that I have made. The new attorney for CapOne wants to settle and avoid the arbitration and expense, and to have me dismiss the OCC complaint. The outside attorney asked for sometime to get us a good settlement offer from CAPONe. We'll see what happens.
  15. The Dismissal is a court form that doesn't have conditions stated. The form box checked is STIPULATION TO DISMISS I stipulate to the dismissal of this case without prejudice as to: Blank the following parties: Me That is why I am confused. This doesn't have anything else attached. Before I sign, I am inclined to state that in the event of future litigation I declare my arbitration right. Additionally I have been contacted by another law firm that claims to be outside counsel for CapOne. She says that the Weltman, Weinberg firm is no longer representing CapOne. I don't know what is going on. I want this dismissal, but I don't want to jeprodise the arbitration action. Any suggestion would be helpful.