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Xcalibar last won the day on June 28 2011

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About Xcalibar

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  1. Mt1720 does not identify what state he is from, but it really doesn't matter... Discover can be be beat...Please see this Pro Se Defendant beat Discover rather easily...Heck Original Creditor or Junk Debt Buyer, they can all positively be beat if you just conduct your research and understand the Rules of Evidence regarding the non admissibility of Hearsay and the requirement for Affidavits to be sworn upon "Personal Knowledge"... Please review the below case and post any comments or inquiries that need to be addressed... 2016-Ohio-2751 DISCOVER BANK, Plaintiff-Appellee,
  2. @Mt1720 Wow...I really don't quite understand how a bank can just give someone $2,000 in excess of my credit imti and then come at me and expect me to pay them when I did not ask for an extension of funds and most certainly did not approve of giving the Rental Car Company and extra $2,000 above my credit limit... I am almost positive that the Rental Car Company did not get a Pre-Aporoval for $3,000 on the initial swipe of the Victims credit card...That should definitely be a defense against the charges...and I can pretty much guarantee that there is nothing in the Credit Card Agreement
  3. Today is September 05, 2017..Have you done anything about discover as of today? If not then I will monitor this thread and offer some advice on dealing with Discover...They can be beat... You indicate that you had a "secured card" with Discover for $1,000...If that is the case, doesn't that mean that your credit limit was also $,1000...Please explain how a Car Rental Company could process a charge for $2,900 if your limit was only $1,000. Inasmuch as you have not been served with a complaint, you have some time to study your defenses and then make a determination if you will
  4. I understand your question perfectly... From a purely Financial Point of View, it would not make sense to pay the rent, but... Based upon filing BK, you could probably stay in your apartment for about 90 days rent free...Filing BK immediately stops any collection actions, however the Landlord could and probably will file a motion seeking dis-posession of your rental unit...That would take at least 30 and probably 60 days... I guess the main question would be is have you already arranged for new living quarter where you are moving to? If so, do not throw away your hard earned cash, keep it f
  5. Wells Fargo has temporarily suspended sales of defaulted credit card accounts, according to press reports this week. This latest move to strangle the debt industry comes after JPMorgan Chase reportedly also suspended sales of most of its defaulted accounts. These media revelations about two major banks left many debt buyers puzzled and questioning the future of the industry. However, a recent Federal regulator’s statement of stringent “best practices” for all debt sales by banks is the likely cause for the purported pullback by Wells Fargo and JPMorgan Chase. Further, these new best practices
  6. In your opening statement you indicate tat you filed a Motion for Definitive Statement and that you also denied each of the Plaintiff's allegations against you...If that is the case, then it appears that you have in fact ANSWERED the Complaint... However, if you did not in fact ANSWER, you should by all means answers the Complaint and you can simply write DENY for each and every allegation presented by the plaintiff...But you must deny each allegation separately i.e. Count 1. Deny Count 2. Deny Count 3. Deny ...
  7. What does MMDS stand for (what is the xtra M for? Be certain to also include in your motion (Which can be a combined motion to withdraw your Discovery Request and a motion to deem Plaintiff's Discovery Request to be Pre-Mature)..
  8. You should not have filed for Discovery as you have not yet filed an answer... The Plaintiff is aware that the filing of Discovery prior to the Defendant answering the Compliant is premature at best and an abuse of process at worst, but... Because you filed your discovery request, you may now be foreclosed from filing a Motion for More Definite Statement... Based upon your litigation thus far I would recommend... Filing a Motion for More Definite Statement Filing a Motion to Strike Plaintiff's Discovery Request (based upon being pre-mature) Filing a MOtion to Withdraw Defendant's Discovery Req
  9. The Motion for More Definite Statement in all likelihood is not going to be granted. First off, when dealing with Credit Cards there is a peculiar "legal acceptance" that the mere use of the credit card creates a "contract"...Therefore the argument that there is not a "signed" contract will avail you nothing. The approach much more likely to bear fruit would be to answer the Complaint with denials and then hit the Plaintiff with Discovery requesting "sworn" responses to your inquires which will include a Request for Production of Documents, to include a copy of the original agreement and any
  10. Debt Buyer Barred from Collection Activities in West Virginia If you’re a collection agency and you want to collect in West Virginia, you’re going to want to make sure that you’re licensed in the state of West Virginia. Prominent industry debt buyers Cavalry Portfolio Services, LLC, learned this the hard way. West Viriginia’s Office of the Attorney General released a press statement titled “Court Enjoins Cavalry Debt Buyers from Collecting Debts.” “In addition to halting Cavalry’s pending collections lawsuits,” the release says, “the circuit court’s injunction requires Cavalry to stop all wage
  11. Whatever are you talking about? You have been given several sustainable solutions for answering the Complaint...
  12. Although you did not ask... Why are yo seeking to file Bankruptcy? You are unemployed and seemingly devoid of Assets, so why the need to file Bankruptcy? As a strategy, consider getting a divorce and wait any necessary period of time and then file bankruptcy and your wife's income will be irrelevant...You could always get remarried.
  13. While BV80 and legaleagle have each provided good advice on the subject matter covered in their post. I believe that an additional observation may prove beneficial... hexed775 indicates that he subscribes to the KISS approach to dealing with his lawsuit, but immediately gives into to his need to be on a Soap Box... I have been fighting or assisting others in fighting Credit Card lawsuits since 1992 and in that time I have personally been involved in 115 cases here in Ohio and have lost only one(1) [the very first case that I undertook, my own...Lost because I misunderstood the rules at the ti
  14. I respectfully submit that your answers on the surface seems really reasonable and if not for experience one could actually succumb to the fallacy that your argument presents... Your position points out the "boilerplate" responses gleaned from the internet, but your argument fails to address the "boilerplate" langauge utilized by the Plaintiff's..Except for the named Plaintiff, each Credit Card case is almost "exactly" the same in their assertions regarding alleged liability on credit card accounts. Secondarily, there is not much benefit for an uninitiated Consumer trying to pretend to be more
  15. Hello: My response below is for you and anyone else adopts the position that the fight against Junk Debt Buyers is an opportunity to stand on a Soap Box and attempt to demonstrate how “intelligent” or how legally astute they are... No one cares about all of the trite legal snippets that you put forth in your answers or communications regarding this Credit card Lawsuit. Better to Keep It Simple Stupid (KISS) do not let the opponent know your thoughts... With that in mind, here are my suggestions for answering the complaint... Must I send a response to the plaintiff as well as the magistrate/jud