MrPunch

Members
  • Content Count

    213
  • Joined

  • Last visited

Community Reputation

30 Excellent

About MrPunch

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
    Georgia
  1. Wow, that's quite a few good suggestions - thanks everyone. @Huey Pilot - that advice was very thorough and helpful, especially with sending the "error" letters to the management - can you elaborate on the ones that say "I owe you not one penny" even though he already admitted his debt to them, what did yo mean by that?. I am really just trying to help him out a bit, hopefully he will listen because I can only help so much. He's been working with some kind of tax attorney for over a year now, but apparently not to much success. I didn't know that IRS was also a collection agency for the Fed
  2. Hi everyone, I have a friend who accumulated a bunch of unpaid business income and payroll taxes to IRS, so they went after him with a bunch of interest and penalties attached to it - altogether came up close to $100K and counting.. He admitted his debt numerous times and asked them for forgiveness of it because there is no way he could possibly come up with those kinds of money and BK doesn't cover tax debts as we all know. They have already rejected him asking for forgiveness, so he has just one more final attempt left. Otherwise they will be garnishing his wages for the rest of his life.
  3. here is one thing you want to know - a company, any company can only be represented in court by an attorney, it can not represent itself in court unlike a person simply because it's not a person to begin with, with few minor exceptions that apply to some small claims court. What I would do is, like other people said, send them a CMRRR letter about them harrasing your phone number, and if they don't stop the phone calls withing 30 days file a lawsuit in a state court with something like $10K-20K worth of damages - just make something up. Then the company will not only stop phone calls, the will
  4. Even though it's all true that you could probably buy more time and get more hassle for them by doing this, remember that not everything works "by the book", so by not answering on-time you are running a risk of things not going your way - I don't know if I would be willing to take that risk. I'd say just submit an answer first, and then file a motion to quash their service - this way you'll still give them some hassle to worry about while protecting your a.. (donkey) at the same time , although more likely than not that motion will be denied anyways..
  5. I would say forget about trying to challenge whether you were properly served, you're likely not get anywhere with that - the bottom line - you've been served and you're aware of it. The countdown starts from the day you were served - take your time, but don't wait till the last minute - file the answer at least 3 days before the expiration date and make sure to send a certified mail with a copy of the answer to the attorneys that are suing you that same day. Use ONLY certified mail for any communications with the other side and make sure to hold on to all the receipts (the green card) you wil
  6. LOL! That's funny. I actually got to know few of them over the last year or so and most of them are cheap street scam bags with often not even a GED, but those are usually not the ones that sue you - they have no clue of how to do that. The ones that sue you are a bit smarter ones, although still not very resourceful to actually have a good amount of information to back up their claims Actually right now is their "slow" time and they don't get busy until around the tax season - between January and May/June or so, which is when people actually have money to pay them. Some of the ones I know a
  7. BV80! Long time no talking it's been over a year and half, I think..
  8. I'd recommend that you file a motion to strike their motion or an objection to their motion, even if there is no such thing at least you will be letting the judge know that there is an issue with the case. I would also request a copy of their motion to see what was the actual reason that they think gave them right to file for default judgement. I hope that you didn't admit anywhere in your answer that you agreed to their debt, which couBld give them a reason to ask for default judgement. But either way, go to the court tomorrow and talk to the clerk and file something.. it doesn't matter at t
  9. Most definitely answer the lawsuit before the due date. Since Asset Acceptance is not the Original Creditor (OC) then I would definitely deny everything and challenge the following: a) the existence of the alleged debt (contract, evidence of you taking credit, etc) their right to collect (ownership, assignment, SOL, etc) c) the amount (exact accounting from day 1) Then make sure you build your case focusing on those 3 points. Find a bunch of case laws, evidence, etc. Don't forget to add as many counterclaims to your case to throw it out of balance for the Plaintiff. In addition, in what year
  10. It has been more than a year since I've used this forum that helped me beat the heck out of two law firms out of court and discard a whole lot of JDB harassment that's been trying to get in a way of my life.. jerks! all with the help of some folks at this place. It's interesting that even after I put all of this behind me and looked forward to get back to my "normal" life where I don't have to deal with collections and legal stuff - I still think about some folks that helped me along the way - folks I've never even met in person or even know who they are - I guess this "collections" stuff bec
  11. Depending on what the records say and how they are being used determines whether it's hearsay or not. If the records say (or appear to say) that the affiant has first hand original knowledge on the matter (the debt) but the affiant has never worked for the OC, then it's hearsay, because his knowledge does not determine the validity of the debt as he is trying to claim in his statements and the evidence presented can not be used as valid evidence for that reason. His trustworthiness is completely irrelevant in this case. We can say that he is saying the truth and 100% truth and we believe eve
  12. Sworn Denial should go below the answer and the affidavit (the same as verification by affidavit) would go below the MTS (or below each of the MTS').
  13. I got a little sidetracked. I think you should add that: 1. The Account Statement does not reflect an agreement or agreements by the Defendant to the alleged debt to pay the amount described. 2. The Account Statement does not provide a complete accounting of the supposed debt, which would show the accounting methods used, the itemized charges on the account, attached agreements that would reflect interest rates and fees and that would be applied to the principal within the dates those supposed agreements were in "active" status and agreed by the defendant to the terms of such agreements. The S
  14. You can either type the name or just put the "Defendant pro per" or both (I usually put either the 2nd or both) under the signature, but don't sign it until the notary or the clerk will see you sign it in front of them.