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About Survival

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    CIC Member
  • Birthday 02/01/1964


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    Former Small Business Owner
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    Organic Farming with Horses
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  1. Dismissed Non Suited without Prejustice. I have more to add but a quick that you to everyone that helped. I believe I may some violations on Finklestien and HCSB to consider. They never answered my two DV Letters. but report on my credit report. I'll post more later.
  2. I decided since Tennessee General Sessions does not allow discovery to be entered until a Trial is set, I wanted some verification and validation. Thought maybe this would be useful in other ways should this go to Civil or Federal or even FDCPA violations. Here is my letter via fax with confirmed delivery. This was sent December 4,2009. My court date was December 10,2009. December 11,2009 received a letter dated and mailed December 9,2009 from Finkelstein Kern Steinberg & Cunningham, Attorneys I received this US First Class Mail a acknowledgment response letter from Finkelstein Kern Steinb
  3. Nothing to Update. I will recap the case quickley! Opposing attorney sent me a letter stating they received my request for additional information. I fired off a DV letter via fax confirmed delivery which stated I elect arbitration if a original contract had that provision. This was a a few days prior to our first Court Appearance. Since I filed a Sworn Denial, the Judge has set the case for trial on April 1,2010. Both sides instructed by the judge to exchange information prior to the Court date of March 17. What should I do? Sit quite and wait for Court, to see if it get's dismissed? I feel I
  4. lowbud, Please share you court experience last week.
  5. moneydiet, I am glad you are being pro active and reading all you can, about this subject. Please consider adding any comments or research you feel may be constructive to our shared situation!! bubbaboo, where are you! lowbud, Please post your experience and ask any questions you may have prior to or after court. Remember, it is a Chess Match! Strategy is key! The opponent/plaintiff may be only playing poker, calling a bluff. Turn it into a Chess game inside the Court, as I believe most good AV rated attorney's practice.
  6. lowbud, The head spinning is what the opponent wants you to experience! They hope for the Cattle Call default judgment against you! The Cap One attorney will not be ready for trial! He/She may try to intimidate you that they are. It is a game of Chess! When your turn or case comes up before the Judge, should the Judge ask you if you want a Trial and you politely say "Yes your Honor". The Judge may ask the Plaintiff if they are ready for Trial. Or the Judge will just set a Trial date and move on to the next case. Should the Judge ask the Plaintiff if they are ready for Trial :right then and th
  7. lowbud, Since you have filed your Sworn Denial with the court clerk, all you can do is show up and stick with the Sworn Denial you filed. Take a copy of your DV letter you sent the attorney, with proof of delivery, just in case the attorney tries to speak with you before or after the Judge see's your Sworn Denial has been properly filed with the Court. The Judge, will most likely ask you if you wish to have a trial, since you have filed a proper Sworn Denial. Answer simply, Yes your Honor. Most likely a trial date will then be set for a month or several months down the road. You may want to
  8. bubbaboo, I am glad you have returned!!! Please also respond to your observations concerning this link, after 1 year of observation. This is taken from this forum thread link: http://www.debt-consolidation-credit...d.php?t=289171 Thank you again for taking the time to respond!!
  9. Great Job!! You did yourself a great favor by challenging this action!! Please keep all posted and please continue to study about this issue. Please post anything that you think is relevant during your studies, about this issue at hand, that you feel may help. Not only are you helping yourself, you may be helping others at the same time by posting. Happy Holidays!
  10. summonedinmemphis, Since we have the same opponent, Finklestein, Kern, Steinberg and Cunningham, I am curoius about the attached Sworn Account Affidavit to you. Who is the name of the person that claims to be a witness for Cap 1? The name they used on my Sworn Affidavit of Account from HSBC was Valerie Demarais as Declarant.
  11. summonedinmemphis, Please use the link at the top of the page I provided on December 21. Not sure why this same link posted today does not work? Just scroll up a few posts. Also, my same thread that I am referring to is contained in the "Arbitration Forum" of this website.
  12. summonedinmemphis, Please review this link, as it will answer many questions you may have and provide research links for you to seek answers. Please follow my thread concerning Tennessee law and procedures in General Sessions. http://www.debt-consolidation-credit...d.php?t=298404 Hope this helps and post any questions you may have after reading all pages in the provided link.
  13. lowbud, Your local Court may have a Sworn Denial Form to fill out. I used a Sworn Denial that was suggested from a Tennessee Lawyer as a simple cover all bases denial. SWORN DENIAL. -- This needs to be a statement in WRITING that you FILE with the court where you have been sued. It can be a simple statement, but it needs to be typed, signed, notarized, filed with the clerk of the court and a copy sent to the collection lawyer. It needs to be a graduated denial. In other words, it needs to say, I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a vali
  14. lowbud, Yes, I went to court and asked for a trial. Read my thread about 4 pages in and you will read about my court experience. File your Sworn Denial, as Tennessee law requires this, to answer a Sworn Account filed.
  15. Follow this thread for information about this subject.