racecar

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Everything posted by racecar

  1. Spikey said it best "defend your defenses" Because the junk debt buyer does not like your defenses does not mean they are insufficient as a matter of law or in fact. I'm sure most of these hearings go unopposed by defendants. Stand up Fight back,and have your day in court.
  2. We did lose some posts. Next thing is to send some discovery to the plaintiff.
  3. They will say your defenses suck you say they don't suck and you followed the rules of procedure.
  4. Have you filed your written grounds of defense? Ask the judge to give you an order precluding the plaintiff from introducing any evidence that was requested in the Bill of Particulars. This is called a preclusion order. Then,at trial you object to anything covered by the Bill of particulars that they try to introduce by document or by oral testimony. "Rule 7B:2. Specific Rule for Pleadings in General District Courts. The judge of any General District Court may require the plaintiff to file and serve a written bill of particulars and the defendant to file and serve a written grounds of defens
  5. I would go up an read the New York Law firms blog it has some great stuff to read and they tell how they beat the junk debt buyers cases.
  6. http://www.thelangelfirm.com/Debt-Defense-Blog/2011/June/AMEX-and-Zwicker-Associates-discontinue-case-ami.aspx i would go here and read the information on their site
  7. Set forth in detail each defense which the defendant has to the above-entitles cause of action, and in detail, give the factual basis for each, setting forth dates, places, names and addresses of persons present, or involved in the conversations. Attach hereto copies of all writings. Response: (a) The Plaintiff’s claims are barred by the statute of limitations because to the extent that the Defendant may have defaulted on the credit card agreement that is the subject of this lawsuit, that default occurred more than 6 years prior to the date the lawsuit was filed. ( b ) The Plaintiff has f
  8. EXAMPLE DEFENDANT'S RESPONSES TO PLAINTIFF’S REQUEST FOR ADMISSIONS To: American Express Centurion Bank, through its attorney, Zwicker & Associates, 299 Broadway, New York, NY 10007 The Defendant makes the following response to the plaintiff's Requests for Admissions 1. Admit or Deny that you requested American Express to open a credit card account on your behalf. Response: The information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different res
  9. Each question shall be answered separately and fully, and each answer shall be preceded by the question to which it responds. You don't have to use their form you can make your own. Example DEFENDANT'S RESPONSES TO PLAINTIFF’S FIRST SET OF INTERROGATORIES, REQUEST FOR ADMISSIONS To: American Express Centurion Bank, through its attorney, Zwicker & Associates, 299 Broadway, New York, NY 10007 The Defendant makes the following response to the plaintiff's Requests for Admissions and Plaintiff's Interrogatories: Answer to Interrogatory No. 1: 1.State your full name & address:
  10. Play care it was just an example of how to answer. I made up those facts you would need to put in your own facts.
  11. Don't even think of paying midland funding any money you may owe someone but you don't owe midland.If you settle with midland for less then amount owed 3 months later you will get to meet portfolio recovery and they will want to collect the full amount plus fee's from you. learn how to defend your self by studying the rules of procedure and the rules of the court and learn how to send discovery. http://www.courts.ca.gov/rules.htm http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp http://california-discovery-law.com/ read thru all the CA cases on CIC you can find by using the search f
  12. When was last payment or date of default on the account? Never believe the plaintiff's date use your own records. This could apply. Tennessee has a borrowing statute Delaware Code Title 10, Chapter 81, § 8106 establishes a 3 year statute of limitations The plaintiff’s cause of action would be barred in Delaware. The plaintiff’s cause of action would also be barred in Tennessee. 28-1-112. Application of foreign statutes. Where the statute of limitations of another state or government has created a bar to an action upon a cause accruing therein, while the party to be charged was a residen
  13. Is the complaint verified if it is the answer must be verified complaint is considered verified if, at the end of the complaint, the plaintiff swears under penalty of perjury that everything is true and correct. You would want to deny each and every allegation in paragraphs. use these forms PLD-050 General Denial - California Courts POS-030 PROOF OF SERVICE BY FIRST ... - California CourtsFW-001 Request to Waive Court Fees - California Courts - State
  14. IN THE IN DISTRICT COURT OF KING COUNTY WASHINGTON Rocky Mountain Service BureauPlaintiffVs.jaspaDefendantCivil Case #DEFENDANT’S ANSWER TO PLAINTIFF'S COMPLAINTNow comes the defendant for answer to the complaint and says as follows: 1. Account stated below is assigned to Plaintiff for collection.Response: Paragraph 1 of the Complaint states a legal conclusion for which no answer is required. To the extent that an answer is required, Defendant denies the allegations of Paragraph 1 of the Complaint and leaves plaintiff to its proofs. 2.Plaintiff is a WA LLC duly licensed and has satisfied the
  15. DEFENDANT’S AMENDED RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIESDefendant's Amended Responses to Plaintiffs' Interrogatories as follows: INTRODUCTORY STATEMENTThe following discovery responses are based on current investigation and discovery and this responding party therefore reserves the right to amend or supplement these responses based on information resulting from further investigation and discovery, and to introduce at trial any and all such evidence. 1.If it is your contention that the Defendant is not indebted to the Plaintiff in any amount a
  16. Iheart said it best You can answer in law or in fact You should argue that they were answers and that Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt and therefore defendant is having a hard time defending this case and having trouble answering the plaintiffs interrogatories due to lack of information provided in plaintiffs complaint. With a good reason the judge might give you more time to answer the questions and get the case moving forward. You can answer the discovery questions with out g
  17. credit agreement letter electing arbitration with the attorney meet and confer letter your motion Your answer to the complaint remember defendant uses letters for exhibits and plaintiff uses numbers for their exhibits. Also label the exhibits and put them some cheap binders label A and B with plaintiffs name, your name & case number & judges name
  18. I think they want an answer like this. 1.If it is your contention that the Defendant is not indebted to the Plaintiff in any amount as alleged in the Complaint, indicate the factual basis for such contention.Response:(a) The Plaintiff’s claims are barred by the statute of limitations because to the extent that the Defendant may have defaulted on the credit card agreement that is the subject of this lawsuit, that default occurred more than 3 years prior to the date the lawsuit was filed. ( b ) The Plaintiff has failed to state and cannot prove a claim on an account, either open,or account state
  19. 372. Common Count: Open Book Account [Name of plaintiff] claims that [name of defendant] owes [him/her/it] money on an open book account. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of plaintiff] and [name of defendant] had (a) financial transaction(s); 2. That [name of plaintiff] kept an account of the debits and credits involved in the transaction(s); 3. That [name of defendant] owes [name of plaintiff] money on the account; and 4. The amount of money that [name of defendant] owes [name of plaintiff]. New December 2005 Directions for Use The in
  20. To recover damages from [name of defendant] for breach of contract, [name of plaintiff] must prove all of the following: 1. That [name of plaintiff] and [name of defendant] entered into a contract; 2. That [name of plaintiff] did all, or substantially all, of the significant things that the contract required [him/her/it] to do [or that [he/she/it] was excused from doing those things]; [3. That all conditions required by the contract for [name of defendant]’s performance [had occurred/ [or] were excused];] [4. That [name of defendant] failed to do something that the contract required [him/her/i
  21. If your not listed on the complaint they are not suing you. But suing your wife is as good as suing you so study and help her win her case. I would study breach of contract and account stated also unjust enrichment,open book. These are the most common causes of action.
  22. Meet and confer letter just to plaintiffs law office.(keep a copy of the letter) File your stuff with the court. Wait for the hearing.
  23. http://www.scribd.com/JillianSheridan/documents Here are all her documents she used in her case against midland. Every thing you would need will be here on her site. She has some great reads also about junk debt buyers. Remember dont get scared there is No need to ever talk to the plaintiff except in court. Study her case,use most of her answers and if you have questions just ask. http://www.scribd.com/doc/51607569/06-12-2010-Defendants-Answer-With-Counterclaim-Midland-v-Sheridan her answer and counter claim