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About KatieMPJ

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  1. This just gets worse and worse. So I've hired a NACA atty, specializing in debt collection abuse. So far, I feel more abused by the atty. This debt is NOT my husbands, it never was. That doesn't seem to matter, however, as our attorney charges 50% of the 'recovered debt'. Is this normal? So it doesn't matter that this has nothing to do with us and that we truely are innocent vicitims- it's still going to cost $5000 no matter what?!?! We may have grounds for a counter suit, she says, but we are only allowed to sue for $1000 for ALL violations of FDCPA, not per instance, where she is allowed to
  2. Thanks Glittergal, that is good info. I am not in OK county, unfortunately, but encouraged all the same. So here's an update, I have answered their requests and sent my own discovery, which they answered, denying most everything and providing absolutley no more info than I had to begin with. It looks more and more everyday that either a) this is not my husband's acct at all, e.g. mistaken identity or they have no way to prove that it is him. Personally, I think they have the wrong guy. But they don't care. Since receiving an answer to my discovery, I have not heard anything else from this.
  3. Wow, I'm not sure if I'm any clearer on the JDB pullling CR being a violation, but I am certainly more informed. Thanks much for spending the time to help myself and others. I am noting everything, and will probably get an attorney if and when I file a counter claim. I waited too late for this particular deadline, but I can see the value in it. In any case, I think I have found a great tool in this website. Thanks to everyone again! I will look to the forms to see what I can find. I was concerned that some ROGS seem to be requests for docs, addressed that in anearlier post, I know they s
  4. And at last my req for docs, I feel like there should be more on my Rogs and Docs, but don't know what it would be... Requested Docs 1. Provide actual CC contract signed by D 2. Provide original copy signed by D of terms, rates, fees, etc 3. All statements generated while AD was open. 4. Itemized statement of acct 5. Notarized statement form person with knowledge of original acct. 6. Any doc that establish D has acct with P 7. Any doc establishing D liability/responsibility for AD 8. All docs you intend to use in court
  5. Here are my Rogs, I feel like there should be more, but I don;t know what...I following will be my list of requested docs, anything I've missed? ROGS 1. Prove alleged debt (AD) is within SOL. 2. Provide contract where P has authority and legally entitled to collect AD 3. Provide assignment from Citibank to Cal Portfolio 4. Provide assignment from CSPV to Cal Portfolio. 5. Contract between P and D bearing D’s signature 6. Provide amount paid by D 7. Proof of last date of payment. 8. Accurate history of interest charged 9. Attach all notices sent to D by P about change in interest. 10. Proof of
  6. I am preparing my Discovery to them to file today. I have asked for everything I can think of (small list below) is there anything I am forgetting? Here are my admits, trying to keep it abbraviated and short, any help is appreciated... Admits: 1. Plaintiff (P) is not OC 2. P is debt collector 3. P is servicer and subsidiary of Calvary SPV 4. CSPV is a debt collector 5. CSPV assigned debt to P 6. CSPV regularly purchases defaulted debt 7. CSPV purchased this alleged debt as part of portfolio 8. P has never had agreement signed or otherwise with D 9. CSPV never had agreement 10. P has never had
  7. So far, they haven't given us anything that actually links my husband to this account. I checked his credit report, nothing from Citibank there (ony from Calvary). I checked his old bank account, nothing there. They have a Statement of Account on Calvary letterhead with 1. Calvary Reference# 2. Citibank Acct # 3. Current Statement Date? 10/2008 4. Date of Charge-off 7/2007 5. Last Payment 1/2007 (can't find our record of this) 6. Principle as of 10/2008 $5000ish 7. Accumulated Interest $2000ish 8. Balance $7000ish 9. Costs $0 10. Other Charges $0 11. Interest Rate 24.99% Am I right to beli
  8. So I did a preliminary credit check on this, and it seems Calvary Portfolio opened a claim on my credit on 2/1/2008, even though the Bill of Sale they provided between Citibank and Calvary SPV (not the plaintiff listed) isn't dated until 2/27/2008 and they list date of purchase on their supposed acct statement as 2/28/2008. Also, they ran a credit check on 5/26/2008 and the balance they list on the credit report is about 2500 higher than what they are sueing for. I looked at old bank statements and found no payment anywhere near when thay say to any credit card for the last payment date. Wh
  9. In my Req for Admission I ask the following, is this an appropriate way to use the concept of accord and satisfaction? . In purchasing the alleged debt as part of a portfolio, Accord and Satisfaction was made to the original creditor of the alleged debt. (Meaning the OC was paid, so nothing is owed to anyone else)?
  10. Got it. Just wanted to make sure I wasn't unknowingly admitting to something by maintain their name as they have it listed in the suit. I will be using my own Discovery to explore that defense. Which brings me to a question about it. I have written (or carefully copied and pasted, rather) most of my Request to Admit and I think they are okay. Having trouble with ROGS...written most of them, but as I look back at them, none of them are actually questions, most are asking for proof of some sort, usually a document. Do I need to list these instead under Req for Docs and mirror my ROGS to re
  11. Thankx hopeful, I made the appropriate adjustments. Another question, the plaintiff is listed as Calvary Portfolio Services, LLC, an assignee of Citibank. But, the bill of sale they provided lists the assignment from Citibank to Calvary SPV I, LLC. Should I reply to their discovery and label my discovery by changing the plaintiff to : Calvary Portfolio Services, LLC, an assignee of Calvary SPV I, LLC? Or am I not allowed to change the plaintiff's entered name? I am worried that by responding to the label that Portfolio is a direct assignee of Citibank that I am admitting it to be true, an
  12. So Calvary does have (though I have not double checked them as of yet) an original acct number from Citibank and a last payment date. Just basic details of some acct. However, since they have not provided a signed contract, or any other solid proof linking my husband to them, I hesitate to answer affirmatively to the following question. I mean, they have his name correct on the Petition, but that doesn't mean he is the guy who belongs to alleged acct. Did I word the following correctly to accomplish my ends? 9. The defendant is correctly identified in the plaintiff’s Petition. 9. The Def
  13. INTERROGATORY 21. If your answer to 19 and 20 are anything other than unqualified admission, please state which statement of allegation contained in the plaintiff’s Petition is incorrect and describe in detail the facts you will use to support your contention. 21. Defendant objects to request on the grounds that it is overly broad and unduly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Without waiving his objection, the Defendant at this time reserves the right, if need be, to alter Defenda
  14. ANSWER TO REQUEST FOR ADMISSION 1. The defendant has heretofore received originals or copies of each statement of account which is attached hereto. 1. The Defendant denies that he has heretofore received originals or genuine copies of each statement of account. The Plaintiff’s Exhibit A is not original and lacks foundation. 2. The statement of account attached hereto is a genuine, original document or true copy thereof. 2. The Defendant is without sufficient information as to the legitimacy of the statement of account contained herein. 3. The defendant made each credit transaction describe
  15. Thanks for the help with my own discovery...I am going to work on that next, which I suspect will be much easier with everyone's suggestions. In the menatime, I have to answer thier discovery by monday. I have pasted my first draft below. Their questions in red. Any help, editing, protocol I've missed would be great. Thankx:confused: ANSWER TO REQUEST FOR ADMISSION, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: Calvary Portfolio Services GENERAL OBJECTIONS 1. Defendant objects to the Interrogatories to the extent that it seeks information that is not within his possession, cu