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ServicePeasant last won the day on May 29 2011

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  1. I just posted this over in resources, but thought those in need may see it quicker here..... This leads to the Federal Reserve's consumer credit card agreement search page. Their is a drop-down menu where you can choose the name of the issuing financial institution. Files are available in both pdf and text and are available for multiple years. I think it is just the basic agreements, but it is a start.
  2. For those who need copies of their credit card contracts/card member agreements.....I stumbled upon this site today: It is the Federal Reserve consumer credit agreement search page. It has a drop down menu and you can select the name of the issuing financial institution. It seems to work pretty well. The files are available in text and pdf. Hope this helps!
  3. Type it out and label it Sworn Denial of Defendant...put it after your answer and before your affirmative defenses if they are on a separate page. Remember, this particular page will have to be notarized. Here is what I wrote in support of my defense of contract of is a longshot, but worth the try... Defendant alleges that if any contract does exist between these two parties that it is a contract of adhesion and voidable in all or in part. The generic undated contract attached to the plaintiff’s petition is clearly a take it or leave it contract, which falls well within the realm
  4. Add a sworn (in front of notary) graduated denial.... I, deny that the debt Plaintiff has issued suit upon 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, or if it is correct, the consumer is not able to understand the computation of the amount asked for. Thus, further explanation is needed to account for the amount requested. Also, under defenses add: Unjust Enrichment Contract of Adhesion Contributory Negligence Also, you may want to address Discover's lack of standing..... Check this out....
  5. 804.02 804.02 Perpetuation of testimony by deposition. 804.02(1) (1) Before action. 804.02(1)(a) (a) Petition. A person who desires to perpetuate personal testimony or that of another person regarding any matter that may be cognizable in any court of this state may file a verified petition in any such court in this state. The petition shall be entitled in the name of the petitioner and shall show: 1. that the petitioner expects to be a party to an action; 2. the subject matter of the expected action and the petitioner's
  6. Okay, so with the original complaint....what did they file? A generic card member agreement, affidavit, and statement or some combination of these? Knowing this will help us to help you. Also, while DV will do you no good now, the fact that they are breaking Federal Law FDCPA may. They must not continue collecting on an account which they have not validated (this includes suing you), if validation was requested within the original 30 day period. I am not sure how to handle this with the court...maybe a countersuit? Somebody on here has to know the answer to this one.
  7. Federal law trumps state law when it comes to banks. The federal Truth-in-Lending Act, 15 U.S.C.§1601 et seq imposes a comprehensive scheme for the regulation of credit card accounts. The disclosure requirements are virtually all encompassing. The exact format and content of the disclosures that are required to be made with every credit card application must in every way be compliant to §1637 of the Act and implementing regulation found at 12 C.F.R. 225.5-225.16. The Act also defines the exact manner and timing of such disclosures irregardless of the manner by which the credit card offer was m
  8. So long as you have made no payments since the 2002 date you stated, then the debt is time barred and that defense should be the first you use. It sounds like Arrow is attempting to re-age the account to fit it within the SOL. Since their case last year must have been dismissed w/o prejudice...I BET they are going to try to say that they sued in time.. JDB math says 2003-2009 is within SOL, but does not apply when the last payment/account activity by borrower was in 2002. Pull a free copy of your credit report and attempt to see if Arrow re-aged the account on there: If so, debate it with the
  9. Emailed you....they are trying to scare you into backing off. Remember se, allegations must be read liberally and court must hold to a less stringent standard than those drafted by attorneys. Raber v Osprey Alaska, 187 F.R.D. 675 (M.D. Fla. 1999). "Where a pro se pleads in a suit, the court should endeavor to construe pro se pleadings without regard to technicalities." Picking v Pennsylvania R. Co., 151 F2d 240 (C.A. 3rd Cir., 1945) Hopefully, FlaLawyer will be around to weigh in on this. However, I think this can be overcome. They did not meet their legal burden of proof and th
  10. Case in point about latitude for pro se litigants in Florida.... se, allegations must be read liberally and court must hold to a less stringent standard than those drafted by attorney’s.” Raber v Osprey Alaska, 187 F.R.D. 675 (M.D. Fla. 1999).
  11. Answer the complaint point-by-point first : Admit, Deny, or be without knowledge sufficient to justify a belief as to the truth... Next mount your defense. I know your local rules and you plead your points of law in the defenses themselves. You need to see if not plead with the answers, do you lose the right to any defenses available to you. Again, you civil procedures will spell this out for you. The procedures are the rule book everyone must play by...if you don't at least try to follow it it will not end well for you. The judge does not expect you to be an attorney, but does require you to
  12. You have to act upon FDCPA violations within a one year period, so that will not do you any good since your action would be time barred. What you need to know is: 1..did they attach all required documentation to the complaint as required by your state's code of civil procedures? 2. How has Cap1 been fairing in your local court system? I know in Florida, I have been reading quite a few opinions where they have been getting shut down and shut out. 3. Do you lose the right to any defenses/exceptions if they are not filed with your answer? Also, if you want more specific answers we will need a fe
  13. Sent a PM....have very intimate knowledge of CMS the problems and the process........
  14. .... Here the judge says the card member agreement does not qualify as a written agreement. Direct quote from the case, "Plaintiff has not produced a document manifesting legally binding mutual assent between the parties. The Court will not construe the Defendant’s use of the card as constructive proof ofa written agre