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racecar last won the day on November 4 2013

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About racecar

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    How do you level the playing field? Outlawyer 'em!

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  1. I see you haven't been on here in almost six years, but some advice you left on here for someone else dealing with Rosenburg Law Firm just saved my sanity and (hopefully) my hide.  Just wanted to say thank you - for months I've been stressing over this, getting the runaround. You just shot straight, no b.s.  - thank you! World needs more of that!!!

  2. Hi i need your help im being sued by portfolio recovery by there attorneys william kelhoffer and associates here in phoenix. i did summit the answer to court now i have to fill out disclosure statement jcrcp rule 121 and i dont know what im doing my court date its 9/14/16 im really stressed out about it! that account i got when got divorce back 2012 and got sick and had stop working for while so i stopped paying it! they sent me old statements but there saying that i made payments it does not show any payments on statements!  i never spoke to them.  I dont have the money to hire a lawyer right now. i owe them 1134.00 can you please please help me and tell me what to do?

    do you have ideas where i can get some help 

    thank you thank you 


  3. Kansas applies the lex loci contractus doctrine and applies the law of the state where the contract is made. Florida courts apply the lex loci contractus doctrine also.
  4. @BV80 The petition reads: The plaintiff states the following claim: 1. The defendant is indebted to the plaintiff in the amount of $1790. 2. The oc is Capital One, account #xxxxxx. Then states plaintiff demands the pincipal amount, interest before judgement 10% per year from 10/2011, interest after judgement as allowed by law and costs. BV80 can Pam plead under Virginia Code 8.01-248 with the two year SOL? This is from a Florida case http://webcache.googleusercontent.com/search?q=cache:U0u9O8sLcs4J:www.nclc.org/images/pdf/unreported/Gelsey_Order.pdf+&cd=1&hl=en&ct=clnk&gl=
  5. Here are the rules In General A motion is a written request to the court to issue an order for specific action. For example, an order could grant or force discovery, or dismiss all or part of an action. (An Order to Show Cause is a speeded up form of a motion). Motion papers tell the other side of the nature of the request and state the date, time and location where the request will be made. Motion papers consist of a top page called a “Notice of Motion,” followed by an “Affidavit in Support” of the motion, and copies of any documents that support the request and would help the judge make a
  6. Chapter 60 article 23 (d) Assignment of account. If any person, firm or corporation sells or assigns an account to any person or collecting agency, that person, firm or corporation or their assignees shall not have or be entitled to the benefits of wage garnishment. ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business.
  7. Did they send you this? AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, Tracey L. Wiggins, custodian of records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representations and averments herein, and do so based upon a review of the bu
  8. USC does that mean to put the his and her Rolex in a cereal box.
  9. I would not send the new law firm any thing at this time. They will come out of the wood work soon enough, I bet yours is not the only case they have.
  10. Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 29.--PLEADINGS 61-2910. Application of chapter 60, when. Upon motion of any party and for good cause shown, the court may order that an action filed under the code of civil procedure for limited actions, except an action filed pursuant to the small claims procedure act, article 27 of chapter 61 of the Kansas Statutes Annotated, and amendments thereto, shall thereafter be governed by the provisions of chapter 60 of the Kansas Statutes Annotated, and amendments thereto. The party obtaining an order under this section shall pay any addi
  11. I think when you filed your answer in that court you admitted that venue was proper. I would motion to transfer the case to chapter 60. You have unlimited discovery in chapter 60. Under chapter 61 you can only send 10 requests for production, 10 requests for admissions, and 10 interrogatories then the plaintiff files for summary judgment. Is something like this what they sent you 1. ( a) Full legal name and date of birth; ( b ) Social security number; ( c ) Current address, e-mail address, and telephone number (d) Current place of employment, including address, and telephon
  12. When you say you filed your answer did you file it at the proper county courthouse with the court clerk and she stamped it and you brought copies for the court and two copies to send to the plaintiff that were stamped by the clerk. If you have a stamped copy of your answer you filed with the court you should bring it to the court clerk so she can correct your filing. In your answer did you deny all the allegations in the numbered paragraphs of plaintiffs complaint. Every material allegation not specifically denied will be taken as true and you can lose by default that way. I wonder if you
  13. shellieh98 She is our Colorado expert i bet she will pop in here soon she hates junk debt buyers. Judges seem to favor the plaintiff's in these cases. Study the rules of civil procedure and rules of the court. Be ready for the next hearing, I'm sure the plaintiff thought you would not show and they would win by default.
  14. Under Texas Rule of Civil Procedure 320, a court may set aside a judgment "for good cause." A defendant must file a motion for new trial within 30 days after the judgment was signed. Grounds for a motion for new trial include that the service of the suit, default hearing or trial was improper on the defendant or the defendant failed to make an appearance due to oversight or a mistake. http://webcache.googleusercontent.com/search?q=cache:M0o0gwG9GUoJ:hsblaw.com/data/newsletters/Anthony_Lowenberg_Article.pdf+&cd=8&hl=en&ct=clnk&gl=us all about default judgments