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Confused??'s Achievements


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  1. I'm working on what I want to answer and ask now... Still debating if I want to take the lazy way out and wait for the electronic discovery stuff before typing it up so I can cut/paste. That's the whole purpose of the rules requiring it.
  2. I've read through all of the rules concerning discovery and can't find anything other than I have to answer within 28 days. There has been no dates set at all. The Rules do say that there is no specific order in which discovery needs to be done. I'm wondering if they didn't jump the gun a bit, though. Would it be a good idea to call the Clerk on Monday and see if there is any type of pretrial something scheduled that someone forgot to notify me about?
  3. Thanks for the info. Another random question... Can we start discovery without ever having had a pretrial meeting? As of yet I have not seen/spoken with anyone about this case other than the clerk when I filed my answer.
  4. They masked the entire account number with the exception of the last 4 digits.
  5. So I keep reading on here and see people talking about objecting to "The Affidavit". I do not see an Affidavit that was included with the original summons. What I do have attached to the original complaint is "Notice of Attitional Obligation Information". The original summons (which I already answered) said "7. The account records are not attached hereto becaue, upon information and belief: (a) Plaintiff is not the original creditor and does not have possession, custody or control of said records; ( copies were sent monthly to the defendant, and are or were in the defendant's possession, custody or control; © said account records may be voluminous. Additional information concerning this obligation is set forth in the attached notice." The attached notice is then a breakdown of my name and address, the alleged credit card account number, amount due at time of default or charge-off, Statute of Limitations, Name of current owner of debt, and total amount currently owed broken down into principal and interest. Is this the affidavit and can I still file a motion to have it thrown out? I do intend to eventually settle, but I figure the more fight I put up between now and when I have the money, the better settlement I will receive (hopefully).
  6. Same suit, but what was in the original suit and answer was this: 1. Defendant was/were cardholder of credit card account number xxxx, originally owed by defendant to HSBC., the card issuer on said acount who extended credit to defendant. That one I Denied 2. Defendant used the credit card at various times, and thereby requested loans, advances, and/or payments of money for the use and benefit of the defendant. That one I admitted due to what can only be described as a brain fart. But what I was really thinking that I was admitting that at one point in my life that I had a credit card and that I used it. But I denied that it was the HSBC card listed in the suit.
  7. Ok, so I'm just gonna start a thread to ask my questions specifically about this suit. That way I'm not clogging up the board with a new thread each time I have a new question, because I am sure that I will have many. I greatly appreciate all of the help provided here, and I'm amazed at the good hearted people who are offering sound advice and spending so much of their valuable time in doing so. I received the request for discovery today. I have 28 days to reply. I'm a bit confused about the way they formatted things, which is probably their intent. REQUEST FOR ADMISSION NO. 1: Admit that you opened an account with OC, assignor of JDB for an extension of credit. ANSWER: INTERROGATORY NO. 2: If you deny the above, state the reason for your denial. ANSWER: REQUEST FOR ADMISSION NO 2: Admit that you received an extension of credit, which you opened by signing an Acceptance Certificate ANSWER INTERROGATORY NO. 4 If you deny the above, state the reason for your denial Ohio rule 36 (A)(2) pertaining to answering admissions states: "The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission..." Finally my question: Does this mean that they are requiring me to provide an explanation of my denials twice if I intend to follow the rules of civil procedure?
  8. I already sent them a request via email for the electronic discovery. Holy cow, there's literally 4 pages of definitions and instructions. Buried in the instructions section I saw something that said "In order to provide you with an electronic copy... please advise us in writing or via email... at ..." So I opened a completely new gmail acct and linked it to my outlook program so that I would be able to request both a received and read receipt. I couldn't find the place in gmail to do receipt requests on emails... oh well. I had also planned on sending them an electronic copy since I was willing to make a big deal of it. Thanks for the input!
  9. Nevermind.... I found the answer when I kept reading Now to decide if I want to buy myself a little extra time... Failure to provide an electronic copy does not alter the designated period for response, but shall constitute good cause for the court to order the period enlarged if request therefor is made pursuant to Rule 6( before the expiration of the designated period. If so ordered, the court may require that the party requesting the admission provide an electronic copy as required by this rule unless relieved from this obligation.
  10. I just received my first set of interrogatoriess, request for admissions, and production of documents from JBR representing Midland. So I decided to be a good student and look up the applicable rules of court. It says "A party serving a request for admission shall provide the party served with both a printed and an electronic copy of the request for admission. The electronic copy shall be reasonably useable for word processing and provided on computer disk, by electronic mail, or by other means agreed to by the parties. A party who is unable to provide an electronic copy of a request for admission may seek leave of court to be relieved of this requirement." Now... I'm positive that I did not receive any type of disk, and they don't have my email address. How do I find out if they asked the court for permission to not give me an electronic copy, and is there anything I can do if they didn't ask?
  11. You may have read my venting about this in another post. I recently sent dispute letters to all 3 CRAs for my husband. I'm still in the 30 day waiting period. I just found out that within the last couple of days a new judgment had been added to his report that IS NOT HIS. Somehow when we paid off a judgment that was in both of our names, when the court house updated the credit bureau on the satisfied status some other schmuck's satisfied judgment got added to both of our credit reports as well. I called the courthouse to see what was going on, and I was given the name and number of the person who works from home and inputs information about credit reports. The court house verified with me that this is in no way our debt/judgment. I called her and she told me that I would have to dispute this through the credit bureau because she has absolutely no idea how that would have happened. Question: If I already have other open disputed items should I wait to dispute this on his credit report until the 30 days have passed?
  12. There is one and I already called and left a voicemail. Thanks for the help! Seriously, when it rains it pours... I don't understand. I am trying to get financing for a house, so I'm trying to clean up my credit report as well as my husband's. I just found out that somehow when paying off a legitimate judgment against the both of us that SOMEONE ELSE'S JUDGMENT just got attached to my report. It's showing as satisfied, but REALLY??!! I called the court house and I'm not named anywhere in the case. Someone doing the data entry for satisfied judgments at the courthouse mistakenly attached another case to my report. So now I get to start the whole dispute process for this one too. ERGG! Sorry, I'm just a littly angry. Someone somewhere just doesn't want me to buy a house, I guess.
  13. Yes, this would most likely be considered a business transaction. Would I be better looking for an attorney from the NACA or someone that is familiar with the trucking industry? I placed a call to the Independent trucking association, and they said if I was going to retain a lawyer it would have to be in Missouri, as that is the state that the company is based out of. If I were to make a say $50 a month payment would that stop them from being able to put it in collections and/or post bad stuff on his credit report? The bill they sent is a joke. It looks like something printed out from quick books that just says cancellation of lease, total amount due, number of payments (30) and a minimum monthly payment. None of which he ever agreed to.
  14. Here's the short version... My husband was a lease truck driver for a nationwide company for a brief period of time. His lease was considered a "walk-away" lease which stated that he could turn in his truck at any time and not be liable for the balance on the lease. At the time he turned in his truck, he was several weeks behind in payments due to the fact that the truck had been down for multiple repairs. The lease also stated that he would be paid XX dollars each day that the truck was down for repairs, which should add up to enough money to cover the payment. The company never paid the money due, thus putting him behind in his weekly truck payments. When he woke up and realized that he was in over his head, and turned his truck in, we thought that would be it. I just received a bill for just under 10 grand. There is no itemization of what we are being billed for. Another interesting point is that the bill is from his employer, not the actual leasing company. The actual leasing company is owned by the employer, though. So my questions are these... How should I proceed from here? I called the company and just left a voicemail indicating that I had a question about the bill. Am I entitled to an itemized accounting of why they say we owe that much? Is it possible to stop this from being listed on his credit report? If I decide to get an attorney (which is probably the case) would a consumer advocate attorney be the best choice or someone in the trucking industry?
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