howucan2

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howucan2 last won the day on January 7 2016

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  1. Hello:  I too am being sued by LVNV as Assignee for Credit One Bank.  Can I use this Credit Card Agreement you have here on your posts?  I do not have a copy of a credit card agreement. 

    I am so confused as my Answer to Complaint is due on Monday which is a state holiday so I need to answer by Tues. Jan 19, 2016 and also ask for arbitration and also  file a Motion To Dismiss.  Please advise if I can use this. Thank You!

    1. howucan2

      howucan2

      If it is around the time when your card was opened or card was in good standing  , but I don't know the details about your case and I  have to study for tomorrow !

  2. Harry S , I'm not for here for your benefit either. Although, you learned a few things on the other board, didn't you? Your statements are incoherent , b/c you're trying to show your sophistication and it ain't working. Save those stuff for actual court , newbies need simplicity not complication. Now, if you read my post three times you would comprehend what was said " IN MOST JURISDICTION MTC CAN BE FILED IN LIEU OF AN ANSWER". and I said M O S T not ALL jurisdictions. I also said I don't know AZ rules (so don't pat your own back ) . Keep trying !
  3. Gee, Harry can you beat around a bush more? Yes or No would have been sufficient ! You can refrain from trying to teach me the law , trust me ,I 've been around the block a few rounds. Now, i'm going to disagree with your statement Harry b/c MTC can be filed in lieu of an answer in most jurisdictions. I'm not from AZ , so we'll leave it for up for the poster to search.
  4. Does AZ accepts MTC or MTD in lieu of an answer? If it does then filing MTC is sufficient. I personally will file a response to their Motion to dismiss if I were you. I have seen not filing a response or Objections lo be considered as acceptance of the facts. You don't want to leave anything for Midland to drive SJ through !
  5. How about answer and assertion pf affirmative defense such as Court's Lack of subject matter jurisdiction and arbitration ? How about two sentence reply to their two paragraph motion? Finish the job properly. Make copies for yourself as well as your opponent. You must mail everything you file plus a certificate of service !
  6. I once had a judge ask me straight up ( MTC hearing) : Is this your account? I said: Your honor this account and amount is entirely in DISPUTE. That was the end of it. Had I not said it that way I'd be left with two options,. Yes or No. None would turn out favorable ! You can't lie to a court.
  7. No, you are not lying. There was an account and now it's in dispute and court lacks jurisdiction b/c you elected arbitration per the card agreement which said all disputes mus be resolved in arbitration.
  8. Harry I suggest you stop confusing yourself. The ALLEGED DISPUTED account DOES NOT mean I didn't have an account ! Contrary to what you said ; It means I MAY or MAY NOT have an account and if I did it's disputed. I have short memory, please refresh my memory that the account and the amount is correct. And do it in ARBITRATION which I now elect.
  9. @Harry SeawardThat's what I said before. Why you're twisting it? OP should File an answer along with a reply to their motion and the MTC arb with notarized affidavit and card agreement. schedule a hearing if required by rules (you should know if it is or not). Wit for Midland to crawl on its knees !
  10. Alleged disputed account is better. Because midland does not know if you had disputed the account or amount with Citibank/Best buy or others. How do they know ? Nothing is EVER provided to JDB in regards to disputes. Not even OCs can verify disputes let a lone a junk debt buyer.
  11. You don't want to straight up say you owe midland do you ? I use the words like " the Alleged account" or " the Alleged disputed account ". I love the word DISPUTE, it is the reason arbitration is there b/c all credit card agreements say ; ALL CLAIMS OR DISPUTES must be resolved by arbitration.
  12. If I prove you called me ten times and I show you the evidence via my phone bill. The BURDEN is on you to prove you didn't call. It's called rebuttal. If he attaches a card agreement with a notarized affidavit and Midland says; Oh no it's not the one. Who do you think the burden of proof falls on Harry? Legally not theatrically.
  13. The agreement was while the account was active and open. What else do they want for authentication ? Blood sample of Citibank's employee who mailed it? The aagreements are all on CFPB. If they want one they can find it . The burden that the agreement doesn't pertain to your account is on the PLAINTIFF . They can call Citibank as witness. Just to be on the safe side as Harry suggested Response to their Motion too. It's a two liner (See the attached Exhibit (Whatever) authenticated credit card agreement) Make it hard for ML to wiggle.
  14. Harry knows the rules, I'm not in AZ . But the response is very simple and the defective MTC is very curable by filing an affidavit that the card agreement attached as exhibit (whatever alphabet) is a true copy .