1artisan

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About 1artisan

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  1. In my situation I only stated the one sentence and did not answer each accusation. My attorney I talked with stated to me just answer with that one sentence then I could do discovery to make them produce.
  2. To Hobbitlin1...I answered the entire complaint in one sentence. I wrote Comes Now the Defendant, XXXX, Pro Se, and states the following as his answer to the Plaintiff's Complaint: "Defendant denies for want of knowledge the allegations contained in Plaintiff's complaint". I was told by an attorney that I could use that one sentence and by doing so I would have my day in court. However, I would suggest to ask and look around this forum though because I believe the majority of people here are saying to answer each paragraph (or charge). My method was after talking with an attorney with him looking over my lawsuit. To Saytar... Yes I agree with you. I only wish they would have continued with the lawsuit because the items attached to the suit could easily have been defeated in court. I feel if I would have won it would have been easy to get them off the credit bureaus.
  3. Hi everyone! Guess what happened!! last week I sent answers denying everything then yesterday in the mail I receive a Voluntary Dismissal without Prejudice from CACH, LLC's attorney. It appears to me they were on a fishing expedition and when I answered they gave up. I am going to check with the clerk's office the day before the pretrial Conference to make sure it was filed and recorded (I don't want any surprises). Now the only thing left to do is I need to figure out how to get CACH, LLC off the credit bureaus. Since they filed the dismissal I was wondering if I can counter sue them to get them to remove themselves from the credit bureaus or is that not a good thing to do, I don't want to wake a sleeping giant. Has anyone had any success in having them, or any JDB removed from the credit files? I believe their next course of action is to just keep verifying when I dispute in hopes I'll pay up. Any suggestions!
  4. Okay, so answer every paragraph then... I mentioned the one simple sentence of "Defendant denies for want of knowledge the allegations contained in Plaintiff's complaint" because an attorney at one point in time told me that one line can simply be used and then I would have my day in court. I was skeptical at the time, this was several years ago. So what's your thought on the Fla. statue I mentioned concerning assignment. You think it would just be their word against mine since they could simply state in court that they did send me a letter.
  5. Thanks so much Coltfan1972. Can I use just a one sentence denial like: "Defendant denies for want of knowledge the allegations contained in Plaintiff's complaint". I don't know if I can use that since they attached some things. Or should I answer (deny) each paragraph. Also I came across this with caselaw and wonder if it can be used. It is about assignment: The issue presented to the Court concerns the application of Section 559.715, Florida Statutes, to the facts of the instant case, based upon the record evidence indicating Plaintiff did not provide notice of an assignment within thirty (30) days as provided by the Statute. Section 559.715, Florida Statutes, states: “This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment.”
  6. Thanks everyone for the input and I see what you mean. I also read the links that was suggested. I see about the "lack of Standing" approach being effective. I believe I can use that. I was wondering how to go about the pre-trial hearing. Do I do nothing and go in there and deny everything, wait for the court date and then start discovery. Or should I file motions before the hearing so the judge will see them off the bat, I'm a little confused on that point and don't quite know the best approach. I do know I want to deny, deny, deny!
  7. Thanks for the response.. right now I am trying to fiqure out my options on attacking them. I think their bill of sale can be dismissed because there is no mention of the account on it. I am concerned about the affidavit of sale and the 2 statements.
  8. Hi Everyone, Looks like Cach, llc has been quite busy.. I need help on what to do or how to handle this lawsuit I received recently. Any opinions would be greatly appreciated. 1. Who is the named plaintiff in the suit? CACH, LLC. 2. What is the name of the law firm handling the suit? Rather not say, they might be snooping. 3. How much are you being sued for? $2,000.00 plus court cost and interest. I assume this is small claims court. 4. Who is the original creditor? (if not the Plaintiff) G.E. Money Bank>Sound Advice. 5. How do you know you are being sued? Process server at the door. 6. How were you served? To me personally. 7. Was the service legal as required by your state? Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No verbal, only Validation letters. 9. What state and county do you live in? Florida. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Early 2011. 11. What is the SOL on the debt? To find out: I believe 4 or 5 years, don’t know for sure. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served Notice to Appear for Pre-Trial Conference/Mediation. I was served on 10/18/12 and Pretrial Conference is set for 11/13/12 (less than 30 days from time it was served). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? Yes, numerous times and it comes back as verified. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. After discovering them in the Credit Bureaus I sent them (CACH) letters requesting validation. They never responded. Unfortunately I did not send the letters certified. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? It doesn’t state I need to respond, only to appear. But I read in Florida Small Claims Court Procedures it states if you are going to counterclaim it must be recorded 5 days prior to the pre-trial hearing. They are claiming Count 1 -UNJUST ENRICHMENT, Count 2-ACCOUNT STATED. I did not receive any interrogatory regarding the lawsuit. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A: Bill Of Sale. Which states in the single paragraph: “For value received and in further consideration of the mutual Covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement dated October 4, 2010 by and between GE Bank and CACH LLC, Seller transfers, sells, conveys and deliver to buyer assigns without recourse except as set forth in the purchase agreement and delivers by seller to buyer on each transfer date, and as further described in the purchase agreement”.. It was only signed by the sellers and nowhere was there an area for CACH to sign. The signatures were dated 1 year later on October7, 2011. There is no mention of my name or any account number anywhere. Exhibit B: Affidavit of Sale from State of Minnesota: affiant stating to be a collections Operations Representative at GE Bank. Affidavit states my name and an account number stating this is my account and it was reflected in the system of GE Bank that this account was sold to CACH LLC. At the bottom above the signature it states “The following statement pertains if the debtor referenced above is a state of California resident (which I am not): I certify under the penalty of perjury under the laws of the state of California that the following is true and correct. It was signed this last June, 2012. Affidavit had no letter head from the Bank, it looks like something I could create. It was also notarized. Exhibit B: 2 bank states, 1 in Feb. of 2011 showing a payment and 1 statement in August of 2011 showing a charge off. Neither statement shows any purchases. I was wondering if I could countersue to have them delete their tradelines from the credit bureaus. I really don’t know how to attack this lawsuit. General Denial? Etc.
  9. "Quote" from flacorps back in 2003: Just found case law (Credigy v. Allen) out of Hillsborough County that extends the Fernandes rationale to bank cards, not just store cards: http://www.fljud13.org/pdfs/judges/H...ertCuellar.pdf "the court finds that the fact that the card issued in Portfolio was a Sears card, and not a Visa or a Mastercard, is immaterial." I asked a question and thought it would be best if I posted it here per a post suggestion: Here goes my question in reference to flacorps quote: The link of the case does not come up. I tried google to upload it but cannot find it. Do you or anyone know where I can find it? Also I have a problem and need to know some opinions from everyone: I am being sued here in Florida for a CC by the OC (credit Union) and the SOL was just under the 4 years when they filed their suit. Now it is over the 4 years. My question is since the plaintiff filed it under the 4 years and its over the 4 years now while the case is still going on Can I file a Motion to dismiss for the SOL being over the 4 years? or is it that since they filed the lawsuit under the 4 years I'm stuck and can't file the motion. The Defaulted date was 5/09 on the CC. Any help would be very much appreciated!
  10. The link of the case does not come up. I tried google to upload it but cannot find it. Do you or anyone know where I can find it? Also I have a problem and need to know some opinions from everyone: I am being sued here in Florida for a CC by the OC and the SOL was just under the 4 years when they filed their suit. Now it is over the 4 years. My question is since the plaintiff filed it under the 4 years and its over the 4 years now while the case is still going on Can I file a Motion to dismiss for the SOL being over the 4 years? or is it that since they filed the lawsuit under the 4 years I'm stuck and can't file the motion. Defaulted date was 5/09. Any help would be appreciated!
  11. hmmm... I see. Does anyone have any suggestions on what they would do? What I can't understand is if it's such a slam dunk for the plaintiff then why would the judge deny them 2 MSJ's?
  12. I am going to deny this is my account and let the plaintiff prove it is. I did dispute this via a letter to the OC several times stating this is not my account... my only problem I didn't send it certified but did send it... The OC stated they will be using the statements as proof this is my account. They have not produced anything stating I used the card (even if it was mailed to my address) Also I am not the only person in my household with the same name. Also the terms of agreement is dated 2 years prior than the alledged account was open which would mean it is not the governing agreement... They have nothing with my signature on it. Just staing the reason is because it was applied for online. What do you think?
  13. So from what you are saying... Anyone can take anyone to court and produce alot of statements with someone's name and address on it, say they were mailed, bring someone along to state everything is true and the judge is just going to say " alright they have proof here in front of me, this is your account, you get a judgment." Doesn't sound right to me. If I was a judge I would want to see direct proof that I used the account, even if the statements were sent to me.
  14. The OC is a credit union... Coltfan, Thanks for the comments but what you are saying is true if they ARE my statements. What does sending statements to my address prove? Certainly not that I owe the debt! I could send statements to john doe - does that prove he owes me money? I believe statements with the consumer's name on it along with affidavits from the OC are not a preponderance of evidence if the consumer denies receiving those statements.. Does anybody agree?
  15. Unfortunately for me they DO have the first statement so I see I'm going to have a rough road. Any ideas on how to handle that? Keeping in mind they are the OC, provided a bunch of statements and an affadavit in which the affiant will be a witness at trial. I do notice though there are a few mistakes on some of the paperwork they gave through discovery, for instance on one page shows a certain date then on another page that date is off 10 days....things like that. Another which I think could possibly be a fighting tool is the terms of agreement they provided is dated 2001 instead of the year 2003 when this account was suppose to have been open. My thinking is the terms of agreement should be the same year the account was opened... Any ideas on that as well?