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About toshiba

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  1. Hi. I had a lawsuit where Chase sold the account to Turtle Creek and then to Plaintiff. The Bill of Sale is the same as yours word for word. This is a general Bill of Sale. The president of Forward properties is Gordon Engle, wright? I made a point that my account number and name is not on it. The judge denied their motion for summary judgment.
  2. Hi. In April 2010 I settled my Chase account through NCO at 20%. Their first offer was 50% but 3 months later they settled for 20%. I took their offer and wrote back a letter confirming the settlement and that the account is closed and satisfied. Certified check was cashed and 2 months later my credit report reflected the settlement. Just to make sure my account is not sold I called Chase and verified with them. I don't trust debt collectors and since my account was not sold , it gave me more confidence to settle. Good luck.
  3. Hello. I had a similar case like yours. I had to point out to the judge that the Bill of Sale is bogus and in response to their Summary Judgment I asked the judge to subpoena the person who signed the Affidavit to come to court so I can question him. The day before the trial, plaintiff dismissed the case without prejudice because she could not get in touch with her own client. I went as far as I added up all the payments I made to the creditcard company, and I submitted as evidence for payment. It totaled almost as much as the debt they were suing me. I had checks and bank statements to prove it.
  4. Hi. I just filed for Bankruptcy and I learned a lot. I was over the median income in my state and still ended up filing for Chapter 7. If you still end up filing for chapter 13 it means that after all the allowable living expenses you deduct if there is something left as little as $50, it will be your payment to the trustee. That includes everything. The trustee will divide that $50 and disburse the money to creditors. If you file bankruptcy on your own, your wife's income is not included. My advise is, talk to a lawyer if you can. My husband's job has a union and they provided lawyers that gave an extra discount if you go through them. We got a 30% discount from the regular price and the lawyer is excellent. Good luck.
  5. I agree with Massive. They must have the signed original note and not a copy. ///...U.S. Bankruptcy Judge Samuel L. Bufford in Los Angeles issued a notice last month warning plaintiffs in foreclosure cases to bring the mortgage notes to court and not submit copies. ``This requirement will apply because developments in the secondary market for mortgages and other security interests cause the court to lack confidence that presenting a copy of a promissory note is sufficient to show that movant has a right to enforce the note or that it qualifies as a real party in interest,'' the notice said.///
  6. Hello. I had a very strong case and it was a sure win.The judge gave me every opportunity to win and to overcome. Unfortunately I forgot the day of trial.I did remember around 12 noon but it was to late. By the time I got to the court the judge was gone. Even though I am a very organized person and keep notes, I was so busy at my job that I completely forgot my trial. So I lost because I did not show up. The plaintiff got lucky.
  7. Hello everybody. I would like to update everybody about this case. Plaintiff filed for Summary judgment and was denied. In response to Summary Judgment I asked the judge to subpoena the person testifying in behalf of the plaintiff to answer questions. The day before the trial plaintiff dismissed the case without prejudice. I was really happy since I could not get the day off to go to the trial. Apparently the lawyer could not get a hold of her client after numerous phone calls and since that was the only witness she dismissed the case.
  8. Hello. I am very sorry for the accident that was caused by someone else. I had an accident similar to yours. You have to go to a Chiropractor if the spine doctor is not the same. I sustained a very bad injury and was recommended to a Chiropractor. The best thing I have done. Remember, all your nerves is going through your spine. The Chiropractor is the only one who can adjust your spine and give you advise on how the herniated disc can be fixed.
  9. Update. Because Summary judgment is not an issue anymore I am filing a Motion to reinstate the previously filed " Motion to dismiss complaint for not answering interrogatories".(this motion was moot because SJ was entered in favor of plaintiff) Rule 4:23-1( Evasive or Incomplete Answer. "For the purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer". Since plaintiff answered my questions 40 times with the same sentence, his answer falls into this rule. Also since the judge said there is an issue of material fact, I will also use it to dismiss complaint.
  10. I filed for Motion to Reconsider Summary Judgment, and today it was GRANTED. The judge ordered continuance for Trial. According to the order Plaintiff did not establish Assignement and therefore he can't collect the debt. Plaintiff did not establish anything. Thank you Sooo Much for everybody. There was an other case before mine, and the Plaintiff's lawyer lost because he could not find the green receipt from the post office in the pile of mess he created on the table. After the order was signed, 20 minutes later he came back and told the judge He found the papers and the judge said" Too late." On his way out he told the defendant he is filing for reconsideration. Shame on him. That was the only evidence that was required to prove that the defendant's secretary signed for the papers. Again, Thanks everybody.
  11. Thanks for the advise. I will do that tomorrow.
  12. Hello Everybody. I have great news. Today I received the papers from the court and the judge GRANTED to Vacate Default Judgment. I have 20 days to file answer. I am really happy. I have to send plaintiff a letter asking to remove all the info from the credit report. Thanks everyone.
  13. I agree. The last time when I filed a motion to amend answer it was denied. Since Hearing is in 3 days I was hoping that the judge will consider my note and my detail explanation. I only wrote 2 pages. I just hope to have this judgment vacated. The hard part is after this.
  14. Hello everyone. Friday I went to court and picked up a copy of the answer/objection the Plaintiff filed with the court but failed to send it to me. Since it is a motion that I filed the Plaintiff has to follow 10 day court rules (answer and send a copy to me). Since the hearing is in 4 days I wrote a letter to the judge. I informed the judge that Plaintiff did not follow court rules and his answer should be strikken, and if is not than the judge should take it into consideration when ruling. I also explained in detail that I was in the court for the previous hearing but I was sent home because Ruling was done on papers and not in person. It was a misunderstanding and I never had a chance to defend myself. I don't know what the judge will do, I just hope he will do the right thing. Thank you again for all your help.
  15. Since they are only changing this clause on February 22( read it) if I send the JDB atterney today that I elect Arbitration in this matter it should not be a problem. Right?