Traffic1033

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About Traffic1033

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  1. Ok, long story short. I'm being sued over a credit card debt that was incurred by HSBC Bank. I'm being sued by Main Street Aquisition & their Law firm whom they hired, "Mark D. Walsh" is requesting that I answer the below. Apparently they got upset because I actually filed a response to prevent a default judgement. However, I'm not sure how to answer the listed below. I have Court later today & I'm going to ask for a continuance. What is the best way to answer the "Interragotories" ??? To: DEFENDANT Plaintiff Main Street Acquisition Corp. hereby requests that Defendant XXXXXXXXXX answer the following specially written interrogatories under oath within 30 days of the date of service: WRITTEN INTERROGATORIES INTERRROGATORY NO.1. State each ADDRESS at which you received mail during the last 5 years (for the purpose of the interrogatory, ADDRESS means the street number, street name, city, state, and zip code). INTERRROGATORY NO.2. IDENTIFY your contact information (for purposes of this interrogatory, IDENTIFY as it relates to contact information, means to provide the 10 digit phone nu8mber at your primary residence, your cell phone number, your employment phone number, and any other number at which you could be reached by phone). INTERRROGATORY NO.3. Is it your contention that you did not APPLY for credit with HSBC Bank NEVADA NA/Best Buy Platinum MasterCard as set forth by the plaintiff in the plaintiff’s complaint (for purposes of this interrogatory, APPLY means either sign an application, complete a phone application, or complete an online application). INTERRROGATORY NO.4. If your response to the preceding Interrogatory No. 4 is other than an unqualified negative, then state with specifically any and all facts that support your response. INTERRROGATORY NO.5. Is it your contention that you did not agree to the terms of a written agreement with HSBC BANK NEVADA NA/Best Buy Platinum MasterCard when you applied for credit. INTERRROGATORY NO.6. If your response to the preceding Interrogatory No. 6 is other than an unqualified negative, then state with specificity any and all facts that support your response. INTERRROGATORY NO.7. Is it your contention that you did not use the credit you received from HSBC BANK NEVADA NA/Best Buy Platinum MasterCard as set forth by the Plaintiff in the plaintiff’s complaint. INTERRROGATORY NO.8. If your response to the preceding Interrogatory No. 8 is other than an unqualified negative, then state with specifically any and all facts that support your response. INTERRROGATORY NO.9. It is your contention that you were not obligated to the terms set forth in a written agreement with HSBC BANK NEVADA NA/Best Buy Platinum MasterCard when you used to credit provided to you credit provided to you by HSBC BANK NEVADA NA/Best Buy Platinum MasterCard. INTERRROGATORY NO.10. If your response to the preceding Interrogatory No. 10 is other than an unqualified negative, then state with specificity any and all facts that support your response. INTERRROGATORY NO.11. Is it your contention that you paid all that you owed on the account identified in the plaintiff’s complaint as account number with last four digits XXXXXXXXXXXXXXXX. INTERRROGATORY NO.12. If your response to the preceding Interrogatory No. 12 is other than an unqualified negative, then state with specificity any and all fats that support your response. INTERRROGATORY NO.13. Is it your contention that you owe the plaintiff less than the outstanding amount set forth by the plaintiff in the plaintiff’s complaint. INTERRROGATORY NO.14. If your response to the preceding Interrogatory No. 16 is other than an unqualified negative, then state with specificity any and all fats that support your response. Is it your contention that you did not receive billing statements from HSBC BANK NEVADA NA/Best Buy Platinum MasterCard concerning that account indentified in the plaintiff’s complaint as account number with the last four digits XXXXXXXXXXXXXXXX. INTERROGATORY NO. 15. If your response to the preceding Interrogatory No. 16 is other than an unqualified negative, then state with specificity any and all facts that support your response. DOCUMENTS REQUEST NO. 1 Any and all correspondence by and between you and HSBC BANK NEVADA NA/Best Buy Platinum MasterCard with relation to the account at issue in the plaintiff’s complaint. REQUEST NO. 2 Any and all documents that evidence payments made by you with relation to the account at issue in the plaintiff’s complaint. REQUEST NO. 3 Any and all documents that evidence a written or oral contract with relation to the debt at issue in the plaintiff’s complaint. REQUEST NO. 4 Any and all correspondence by and between you and the assignees of HSBC BANK NEVADA NA/Best Buy Platinum MasterCard listed in the plaintiff’s complaint with relation to the account at issue in the plaintiff’s complaint. REQUEST NO. 5 Any and all documents that support your responses to the plaintiff’s first set of special interrogatories. Attachment 1: You are requested to admit within thirty days after service of this Request for Admission that each of the following facts is true (number each fact consecutively): 1. I applied for and received the credit stated in the plaintiff’s complaint from HSBC BANK NEVADA NA/Best Buy Platinum MasterCard. 2. I used the credit stated in the plaintiff’s complaint. 3. I understood that by using the credit, I agreed to the terms and conditions set forth in a written agreement by and between myself and HSBC BANK NEVADA NA/Best Buy Platinum MasterCard. 4. The credit terms include a provision that the prevailing party ina dispute is entitled to attorney’s fees. 5. The credit terms include a provision for calculating interest. 6. I received billing statements from HSBC BANK NEVADA NA/Best Buy Platinum MasterCard for the account stated in the plaintiff’s complaint having last four digits XXXXXXXXXXXXXXX. 7. The billing statements indicate the amount of interest being charged by HSBC BANK NEVADA NA/Best Buy Platinum MasterCard. 8. I failed to make payments on the account stated in the plaintiff’s complaint having last four digits XXXXXXXXXXXXXXXX in the amount set forth in the plaintiff’s complaint. 9. I have made a payment towards the balance owed on the account stated in the plaintiff’s complaint having last four digits XXXXXXXXXXXXXXXX within the last four years prior to 01/25/2011.
  2. A little background: I'm being sued over a debt ($2,700) for a credit card from 10/2008. I couldn't make payments so it went to a collection agency "Main Street Acquisition." I tried to work a deal with them. However, they never sent me something in writing, nor did I trust them because I was a victim of Identity theft. Now, they sent my information to a Law Office "Mark D. Walsh" who is suing me on their behalf. I've tried looking for similar post's that fit my situation. However, every post is unique to its own situation. My question for you is quiet simple. I was served, I provided a my response to the courts. I also requested the law firm to provide such documents as the original contract. The plaintiff did not provide an answers, then they filed a "Points and Authority" or a motion for interrogation. I did not respond to those documents, but I do have to go to court tomorrow 07/07/2011. I know that in their questionnaire they sent me, they want to answer a number of specific questions, which I don't feel comfortable answering. I’ve never been to court for such matter. What do you think most likely will happened tomorrow.
  3. Interesting, Mark Walsh is the Attorney our of San Diego, right? He also represents a company called "Main Street Aquisition" and several other companies of course. I'm pretty sure that If you do your homework, go to court and demand that they provide the "Original Contract," they will not be able to produce such document. Law Firms like his file cases on a daily basis, hoping they will win on a default judgement. Overall, go to court prior to your court date, sit in, and observe how other cases are being heard. At least this way you have an idea of what the courts look for in the lawsuits. You never know, if you take some pretty good notes, you just might be able to learn a thing or two...
  4. Well, I'm sure they probably think I live there because that is the only address I have provided them. Of course, I'm really not going to tell them where I'm really staying at. I just honestly believe that it's BS the way they serve those documents. However, I will check with the clerks office to see if that was proper service. Thanks...
  5. On January 25, 2011 a civicl small claims suit was filed against me. A person who has been trying to locate me at my residence has attempted to make contact with me, but never did. On February 06, 2011 my mother answered the door and told the process server that I was not home (because I don't live there), closed the door and went about her business. Later that day, I came to visit my parents only to find out that the process server left the court documents on the floor. I know at this point, I have 30 days to respond to the complaint. I received a few phone calls from MAIN STREET AQUISITION regarding a debt. However, they demanded that I make payment over the phone using a check or debit card, which I did not agree with. I told the person I was willing to settle the account if they put it in writting and mail me the letter. I never received any correspondence from this collection agency after numerous times that I requested. It finally came down to the point where MAIN STREET AQUISITION said they would contact my employer regarding my debt (which I tought was very unethical). So I refused to deal with them, especially after they told me they were going to sue me. Now, I'm to the point where I have to provided a written response in Court because the 30 days or else a default judgement will take place. Has anybody ever delt with this company? If so, can you provided some help? Thanks....