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Everything posted by racecar

  1. 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.
  2. @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=
  3. 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
  4. 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.
  5. 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
  6. USC does that mean to put the his and her Rolex in a cereal box.
  7. 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.
  8. 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
  9. 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
  10. 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
  11. 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.
  12. 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
  13. Did you tell the judge you were ready and the case should move forward. If you did not show up you would have had a default judgment against you.
  14. http://webcache.googleusercontent.com/search?q=cache:0omfA23sHZoJ:www.scribd.com/doc/77428536/Sample-Meet-and-Confer-Letter-for-California+&cd=1&hl=en&ct=clnk&gl=ussample meet and confer
  15. Defendant OBJECTS to Plaintiff's Discovery requests as the arbitration clause has been exercised. A mutual agreement on the scope and extent of discovery per the arbitration clause and per the arbitration forum rules has not been reached. Defendant will not be answering discovery until such an agreement is reached between the parties under the contract in arbitration. Defendant further states there is a dispositive motion before the court that will moot discovery. I don't know who the original creditor was be sure to ask for the money for the arbitration. Also state you expect the arbitrati
  16. You may have waited to long to request a New Trial or Motion to Set Aside Default Judgment A default judgment can be generally defined as a judgment entered by the trial court, at the plaintiff’s request, based on a defendant’s failure to appear and file an answer within the time allowed by law. Generally, a defendant’s failure to answer a petition equates to an admission of all facts properly pleaded in plaintiff’s petition, except as to unliquidated damages, as well as a waiver of any affirmative defenses. Florida Rules of Civil Procedure RULE 1.530 MOTIONS FOR NEW TRIAL AND REHEARING; A
  17. Email him and see if he can help you, he is one of the best attorneys in Florida.Ask if he can do some pro bono work. W. David JesterDirector Main Office: Pensacola 118 East Garden Street Pensacola, Florida 32502 Office: (850) 436-7000 Fax: (850) 436-7099 Additional Offices: Mobile & Tampadjester@gjtbs.com
  18. Your MTD will still be ruled on by the judge. Start sending everything to this law firm. Nothing to worry about the case will go on like it was just a different attorney.
  19. "Charge-off" and say "Closed" That's just an accounting term the bank uses. I would start to study your rules of civil procedure just in case they sue you. http://www.supreme.courts.state.tx.us/rules/trcphome.asp Its always best never talk with the creditors nothing good ever comes from it. You never want to admit owing any money to any of the junk debt buyers. Send off the letters and see what happens.
  20. Debt Validation Request Your Name Your Address Oliphant Financial Corporation Attn: Customer Service9009 Town Center ParkwayLakewood Ranch, FL 34202 Account number Date Dear Oliphant Financial Corporation. This letter is in response to your letter dated 12/15/2013. I dispute this alleged Capital One Bank account in its entirety. As per the FDCPA 1692g, I am requesting validation of the alleged debt. All phone calls are inconvenient, so all communications need to be by us mail only. Best Regards, Your name
  21. If they did not send you a letter then i would say i noticed you are appearing on my credit report Debt Validation Request Your Name Your Address North Star Location Services 4285 Genesee St Cheektowaga, NY 14225 Account number Date Dear North Star Location Services. This letter is in response to your letter dated 12/15/2013. ( If no letter was sent to you then i would say I noticed you are appearing on my credit report) I dispute this alleged Bank of America account in its entirety. As per the FDCPA 1692g, I am requesting validation of the alleged debt. All phone calls are inco
  22. Remember to bring a copy of your motion for you, one for the court,two for the plaintiff.
  23. Here are the rules of what they can do http://webcache.googleusercontent.com/search?q=cache:wqQ4US59mCoJ:www.courts.state.md.us/district/forms/civil/dccv060br.pdf+&cd=1&hl=en&ct=clnk&gl=us http://www.courts.state.md.us/district/forms/civil/dccv060br.pdf. The defendant has 15 days to answer. If you do not receive an answer and more than 15 days have elapsed since you submitted the questions, you can file a Motion Compelling Answers to Interrogatories in Aid of Execution (form DC/CV 30).respond to the motion. to answer your questions, and the defendant is given time tore