CJ8

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About CJ8

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  1. Filed an answer today and will start working on the other paperwork. Thanks everyone who sent PM's (I can't reply yet because I have less than 10 posts). For anyone following this or dealing with the same thing, please see the thread Midland Funding LLC suit? by kakarat99 (Again, I can't link due to post #). There are some great examples there, it looks like he's on the right track, and it's the same Firm representing Midland so the paperwork he was sent is EXACTLY the same as mine.
  2. I'm currently dealing with the same firm representing Equitable Ascent (posted somewhere on this board). I received, verbatim , the exact same paperwork you posted here. Fantastic thread! I just got my wife's answer filed today and will next work on the discovery and everything else they sent. I may just use a lot of the info here and hope for the same results if your case has truly been dismissed already. Anyway, just wanted to thank you for the thread, linking and posting everything for those of us who are lost and confused, and keeping it up to date throughout the process. I think a lot of the regulars here forget how intimidating and confusing this can be for someone who has never dealt with it. A simple "You need to answer ASAP" really doesn't help too much when there're 19 items to answer, 5 days left (including the weekend), and you have no idea what the hell you're doing. It's nice to see a hands-on example, with results, to learn from.
  3. So basically 19 denials for the appropriate reason (or as close as I can get) and a list of affirmative defenses? Do I need to be concerned that there is: A. No signature or date on the Citation (there is a signature on the summons but the server literally threw the paperwork @ my wife and ran for his car) B. No actual date to show in court anywhere?
  4. I'm getting this out there now just because we are overwhelmed with everything in this "packet" my wife was served with. I'm also currently reviewing everything I can possibly find on this site, "the defendant's package", and Credit Infocenter which is linked by admin on this site. Basically, I'm not posting in hopes that someone will hold my hand and do the leg-work for me (although it'd be nice ) My wife was "served" on Sept. 8th by what looked like a teenager in a pizza delivery car. The "packet" contains 4 documents, a cover (Justice Civil Citation), and Rules of Attire and Conduct for the courtroom. Document #1 - Plaintiff's Original Petition & Request For Admissions Document #2 - Plaintiff's First Request for Disclosure Document #3 - Plaintiff's First Request for Admissions Document #4 - Plaintiff's First Interrogatories To Defendant These 4 say that the defendant has 30 days to respond except when served with the request before the defendant's answer is due. In that case it's 50 days (which would be my case I imagine) The citation states that she has until 10 AM on the Monday immediately following 10 days after being served. (If this is not business days, it's due by Sept. 19th.) It also says it was filed in court about a month ago. 1. Who is suing you? Equable Ascent Financial LLC Assignee of Chase Bank (WAMU) 2. For how much? $5000 3. Who is the original creditor? Wamu 4. How do you know you are being sued? "Served" by a guy who handed her the paperwork and said "All the information is there". then left. 5. How were you served? Were you served? At home by a young kid. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? none 7. Where do you live? Texas 8. When is the last time you paid on this account? mid 2009 maybe 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Don't know yet 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Will post summons in it's entirety below. Also have the other 4 documents mentioned above. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? None 14. What is the SOL on the debt? 4 years Below is the original petition/request for admissions, verbatim. If anything has been changed or admitted, I've placed it in (brackets) I'm having a hard time understanding how to respond to this and finding information on whether this is different because it's in a justice court rather than small claims. We were just bombarded with paperwork and there's probably 15+ paragraphs requiring response per document. I was hoping that in lieu of an answer I could file a motion to dismiss since there's no attached contract or anything for that matter but that might be high hopes. Plaintiff's Original Petition & Request For Admissions A. Discovery-Control Plan 1. Plaintiff intends to conduct discovery under level 1 of Texas Rule of Civil Procedure 190.2 because this suit involved monetary relief totaling $50,000 or less, excluding court costs, prejudgement interest, and attorney fees. B. Parties 2. The address for plaintiff (Equable Ascent...) is 1120 W. Lake Cook Rd Ste B, Buffalo Grove IL 60089. 3. Defendant (wife) may be served with process at (home address) or such other place as the defendant may be found. C. Jurisdiction 4. Plaintiff asserts that the above named court has jurisdiction over the subject matter of this case and the person(s) of Defendant(s). D. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believes to be residing in said county at the time of commencement of suit. E. Facts 6. Chase Bank N.A. issued a credit card in the defendant's name under its account number. Plaintiff is the current owner of this account; Defendant(s) received and used the card and thereby became obligated to pay for the charges incurred with the card. 7. Defendant defaulted on the obligation to make monthly payments on the card account, and the card was subsequently cancelled. The credit card account was subsequently charged off to profit and loss. The entire balance on the credit card account is presently due and payable in full. 8. Defendant defaulted in making the payments on the account. After all just and lawful offsets, credits, and payments have been allowed, the total balance due Plaintiff on the account is $5000 plus interest. 9. The Plaintiff has made demand upon the defendant for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to pay that amount, plus interest accrued, less all lawful offsets, credits, or payments, is still due and owing. 10. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. F. First Cause of Action - Breach of Contract 11. The issuance of a credit card constitutes the offer of a contract. See e.q. Bank One, Columbus, N.A. v. Palmer, 63 Ohio App. 3d 491, 492, 579 N.E. 2d 284, 285 (Ohio Ct. App. 1989). Use of a credit card constitutes acceptance of terms of the cardholder agreement, which accompanied the card when issued to the defendant(s). See e.g. Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v.v Gulf Oil Cooperation, 114 Ga. App. 21, 150 S.E. 2d 319, 320 (1966); Magnolia Petroleum Co v. McMillan, 168 S.W. 2d 881 (Tex Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. Feder v. Fortunoff, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808, 370 N.Y.S. 2d 840 (N.Y. County Ct. 1975). 12. By using and/or authorizing the use of the credit card Defendant(s) accepted the credit card contract and became bound to pay fr all charges incurred with the credit card. Defendant(s) also became subject to all of the terms and conditions of the original creditor's cardholder agreement. 13. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted Defendant(s) credit card payment. Prior to the date of charge-off monthly bills were sent to the Defendant(s) reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due. The Defendant(s) had a duty to submit any disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement. Plaintiff asserts that Defendant(s)' failure to submit such disputes should be treated as an admission of the account balance, since Defendant(s) was/were given both a method and an opportunity to raise such disputes. 14. Defendant(s) breached the contract by defaulting on the payment obligation of the credit card agreement. In violation of the Defendant(s) promises and obligations under the aforementioned written contract, the Defendant(s) breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the defendant(s) as well as unpaid interest. 15. Defendant(s) breach was a proximate cause of actual damages of $5000 plus interest. All just lawful, credits, and payments have been applied to the account. G. Damages 16. Plaintiff seeks damages on its liquidated claim in the amount of at least $5000 plus interest, which is within the jurisdictional limits of this court. H. Conditions Precedent 17. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred. I. Miscellany 18. The undersigned attorneys hereby give notice that they and Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors. J. Prayer 19. For these reasons, Plaintiff asks that the court issue citation for the Defendant to appear and answer, and that Plaintiff be awarded a judgement against Defendant for the following: a. Actual damages in the amount of $5000 b. Prejudgement and post-judgement interest. c. Court costs. d. All other relief to which plaintiff is entitled. Respectfully submitted; (Firm Name - Debt Collectors),LLC By: Original copy signed (then the names of 9 more lawyers, a Texas address, phone number) Attorney for Plaintiff So, as you can see, this is just overwhelming compared to some of the 4-5 paragraph examples I can find. Any help is appreciated while I try to find the proper way to answer all 19 of these paragraphs.