MrPunch

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About MrPunch

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  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 Feds, I always thought they were the same as the Feds. I've also read in several places that the 10 year SOL does not apply to them for some reason, but I guess that's not true either. I am sure he'll be happy to hear this news. I think he actually did file those taxes, he just never paid them and from what I understand it was originally about $20K and after all the interest and penalties IRS inflated it to $100K, which I thought was outrageous by any standards, especially for a non-commercial agency or a bank. But then I also know that IRS doesn't even have to sue you in order to simply freeze your bank account - all they have to do is send a fax to the bank and you can pretty much say good bye to your money. I need to find some more information on how to actually deal with them without getting burned in the process, but this is definitely a good start - thank you! My guess is that his attorney wasn't as good as he thought. @BrunoTheJDBKiller - thanks for the link - I will let him know about them too.
  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. I really had no advice to give him at this point, but thought maybe someone else know something about. It's not like there is a SOL on wage garnishment, especially when it comes to the IRS.. Any thoughts?
  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 want to pay you to go away, because it will cost them thousands to hire a lawyer and try to fight this in court - some companies are too stupid to realize this and they think they can get away with whatever they feel like, but you as a person have actually a good leverage against them in this legal system. Good luck!
  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 will get back as proof of delivery - attach those green cards to every copy of letter/document that you send to the other side - don't use your phone, email or fax - Certified Mail is your absolute best way to present any evidence of those communications in court is - it's worth the extra $$ that you'll spend on it - probably less than $50 altogether . The court you'll go to is the one they're suing you at, but in most states it has to be in the county of your current residence. You could elect the case to a higher court (state court or superior court) if you want, but there is no necessity in that. The good news is that Asset Acceptance is a JDB, which means that if you play your cards right they have virtually zero chance of winning, but you have to work really really hard in doing your research and building your strategy. I would start by looking at your contract and personally look for an Arbitration clause. If it has JAMS Arbitration listed then that would be the route I'd take - although in this particular forum many people will disagree with me on this, but there are forums where people would tell you what I am telling you - Arbitration is almost always a KILLER for a JDB, especially JAMS and when you add your counterclaims to that then Asset Acceptance will 99% likely to back out of the whole thing before the case even goes to trial - going to trial is NOT for everyone and I would generally recommend to stay away from it if you can, but prepare yourself either way in case you may have to and so far you do. Look at any evidence they may have presented along with filing the case. Send them a letter of Discovery to demand for any evidence of the alleged debt and carefully go through every word and sentence to see if there are flows in there. For example in one case I had the lawyers sent me a stack of almost 2 years worth of bank statements, but the problem was none of those statements showed the fact that I was taken a credit from the bank in any way, like buying something, etc - all they were showing is that there were payments made on the account that I allegedly was past due on. So the lawyers, who's usually to busy to actually review those documents themselves, were sure that they had a good pile of evidence against me, but in the end it was all worthless. Look at their evidence (if they show it to you that is) that the debt the JDB bought has your name attached to it - in most cases they buy those things in bulk and those bulk transactions don't reflect that particular account or your name on the debt that is being purchased - so they will have hard time to prove that they actually did buy that particular debt. I forgot the name of the other forum that would give you more info about Arbitration - it's been a while since I've looked into this whole collections thing, but I am sure you can find links to that forum even in this forum. A member named Treq or Treque or something like that had quite a bit of info about that and in my personal experience I've used that info to shut up some of the most fierce collection lawyers out there.. look into it. And don't be afraid of making some bold moves on your behalf by filing some crazy counterclaims, etc - a good aggressive offence against the JDB is your most absolute best type of defense - stick it right back to them and you'll have your victory!
  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 are even barely active during this time of year and have all of their "pure-commission-based" employees quit by now due to lack of pay. It's a bit different with those that actually sue you though..
  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 this point whether that "something" is going to be legally correct, it's better that it will be there at all to let the judge know that you are still disputing the case.
  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 was the account originally open? - this year and following years could determine your right to choose an Arbitration, such as JAMS, as an alternative method of throwing the case out of court. A lot of people here will disagree with me, but it is my opinion that in many cases Arbitration can be the very best option to deal with a JDB, such as Asset Acceptance.. Even though it may seem risky, right to Arbitrate and counterclaims were the two main reasons why I successfully thrown 2 JDBs law firms out of court without ever having to face a judge. Good luck!
  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 becomes part of our lives after all even after we're supposedly "done" with it... Even though there are a whole lot of new members, which is not surprising, I still find a lot of older members that helped me to deal with this, which appears that it's something they're enjoying doing. Anyways just wanted to say hello to everyone who is still out there and keep up doing the good work and also wish good luck to new members trying to beat the unfair ones - it's definitely doable, you just have to be persistent in your research Hi everyone!
  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 every single word in his statements, but it still does not make the evidence valid because his knowledge about the matter was not obtained through the first hand experience and he was no first hand witness of the alleged debt coming to existence while the account was in "active" state. That's what hearsay rule is all about. You have to be the actual witness of the debt and not some third party who only learned about the debt from someone else (the OC) after the fact.
  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 Statement also does not show if any payments were, allegedly, made on the account by the Defendant. Neither does it provide any copies of those payments that would make sure that the balance is accurate and the alleged debt is within the Statute of Limitations. This would replace what you had in #2
  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.