racecar

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Everything posted by racecar

  1. Kitty once you beat your first junkdebybuyer you will never want to stop beating them.
  2. I would call them up and see what they want you know midland will sue you anyway. When you are talking to them tell midland you must be the victim of identity theft and ask them what you should do so you don't get in trouble over this and could they send you anything they have so you can give it to the police. (see if they offer to help)
  3. I would send document requests to them to see what they have.
  4. Not sure if this would apply to your case http://caselaw.findlaw.com/ca-superior-court/1289969.html MBNA, Fleet Bank, and BofA all became FIA card services out of Delaware When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) June of 2010. Delaware Code Title 10, Chapter 81, § 8106 establishes a 3 year statute of limitations for the plaintiff’s cause of action.
  5. They just want you to prove their case for them. They seem upset you did not that's to bad for them good job. Send them a Meet and Confer letter that defendant still denies knowledge of the account and can not be much help and you will be filling out an identity theft affidavit and will send them a copy. Make them file the motion. They are just trying to scare you in to settling with them.
  6. "begin the discovery, or to settle for $20k" I'm thinking that over i guess we begin discovery. I dont know who is suing you so if its not portfolio recovery put in the proper junk debt buyer name Here is how you talk to them by sending them these requests then you will see that they cant prove their caseNothing good can come from talking to the plaintiff.They will not help you they just want your money.They bought your account for pennies on the dollar and want the full amount plus interest.You may owe someone but you don't owe them a dime.Fight them we will help. You can always file for
  7. Your Exhibit (A) is the credit agreement. Your Exhibit ( b ) is your letter electing arbitration with jams. send a Meet and Confer letter to the plaintiffs attorney Meet And Confer Today's date your name your address case number their name their address I am contacting you to inform you of my election of arbitration with JAMS still stands.I elect private contractual arbitration via JAMS to resolve any disputes between us pursuant to the GE credit agreement.I am requesting that you pay the arbitration costs and my legal fees as the defendant is on limited income.Per the credit agreement "U
  8. They sold the debt to another junk debt buyer. Send them a debt validation letter. When they file the amended complaint you will file an amended answer then it just starts over. Debt Validation Request Your NameYour Address Their NameTheir Address Account number Date Dear debt collector name, This letter is in response to your letter dated 12/09/2013. I dispute this alleged 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
  9. http://kansasstatute...org/Chapter_61/ http://kansasstatute...org/Chapter_60/ http://kansasstatute...r_50/Article_6/ IN THE DISTRICT COURT OF MY COUNTY KANSAS Plaintiff Name Plaintiff Vs. Your Name Defendant (Pursuant to K.S.A. Chapter 61) case # DEFENDANT’S ANSWER AND AFFIRMITIVE DEFENSES TO PLAINTIFFS COMPLAINT COMES NOW the Defendant MY NAME, Pro se (hereinafter referred to as"defendant"), submits Defendant’s Answer and AFFIRMITIVE DEFENSES to Plaintiffs' Complaint as follows: 1. The defendant is indebted to the plaintiff in the amount of $4XXX.XX Answering Paragraph No. 1: Defend
  10. MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION COMES NOW Defendant Titans1987 appearing Pro Se for his Motion to Compel Private Contractual Arbitration with GE Money Bank and as grounds thereto states the following: 1. That on or about December 03, 2013, Plaintiff filed its Complaint against Defendant. 2. Defendant moves this court to compel binding Private Contractual Arbitration with Jams based on the terms and conditions of the GE Capital Retail Bank Credit Card Agreement (see Exhibit A, attach
  11. http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/ "DISPUTE AND CLAIM RESOLUTION (INCLUDING ARBITRATION) PROVISION. General/Requirement to Arbitrate. PLEASE READ THIS PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL
  12. Texas wage garnishment is not allowed. So don't rush to pay midland anything they have lots of money. When you have a judgment against you the plaintiff will serve you notice to come to a location such as the court house or the plaintiffs law office and they will ask you how much you can pay or they will ask if you would like to set up payments always say you have nothing left to pay them anything. If you have money in the bank remove it asap. They may give you a debtor exam that asks you a bunch of questions about your $$$$.$$ Each time they call you down say you don't have any mon
  13. Just because you don't have any money now does not mean you wont have any money later That's what the creditor is hoping for. Don't waste your time you need to start studying the rules of the court and the rules of civil procedure. Only the creditor or the Federal Government that gave you your student loan can garnish it so it is safe. I don't think you have a clue on how to arbitrate a claim. The event would last 5 minutes and not in your favor. I think you should go back and READ BMC'S THREAD and answer the complaint the way he recommended. You can also answer denying all the p
  14. You show up and answer the law suit with your MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION
  15. You might send a meet and confer letter to Midland's attorney saying. Defendant OBJECTS to Plaintiff's request for the production of documents 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 or sending discovery until such an agreement is reached between the parties under the contract of arbitration.
  16. Answer 1-9 Response: After a diligent search and a reasonable inquiry has been made in an effort to comply with this request 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 response.
  17. Don't panic to start you can plead arbitration as an affirmative defense in your answer. Need to know the allegations in the complaint so we can come up with an answer. Should say something like this. 1. Defendant is John Doe. 2. Plaintiff purchased the account. 3. Plaintiff entered into a contract with CC Company. 4. Terms and conditions of the contract. 5. Defendant used the charge card. 6.CC company has preformed all obligations under said contract. 7. Plaintiff has made written demand upon defendant. 7. Defendant breached contract. 8. Defendant owes Plaintiff $$$$ W
  18. I would not send any letters to the other side saying I want to pay for what I lawfully owe. Then you are admitting the debt is yours and unless you are coltfan I would not say anything thing like that to Mr Dang. In fact it is better not to ever speak with that law firm except in court. If you can find a local attorney that practices civil litigation have them see if you have any FDCPA violations from Mr Dangs letter(s). When they file suit post it up.
  19. The best thing is to read what bmc100 posts he has helped many people make it thru and win their court case. Ask questions on what you don't understand and study the rules of the court and the rules of procedure and read bmc's thread and search for Michigan cases here on creditinfocenter and familiarize yourself with the process. We have all done it and won our cases. You can to.
  20. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&group=01001-02000&file=1270-1272
  21. The necessaries doctrine comes from the English common law duty of a husband to provide for the necessary expenses of his wife and child. Under this doctrine a person selling goods to a wife or child can charge the husband or father. The condition is that the goods must be essential for the beneficiary’s sustenance. To prevail under the theory of the doctrine of necessaries, the provider of the necessary services or goods must show that: (1) services or goods were provided to the spouse; (2) services or goods were necessary for the health and well-being of the receiving spouse; (3) the p
  22. Midland Funding has filed more than 3,300 debt collection lawsuits in Sedgwick County in the past 5 1/2 years, totaling more than $7 million in claims. Read more here: http://www.kansas.com/2011/08/07/1964866/collection-companys-practices.html#storylink=cpy
  23. I think the judge was mad about him not showing for the summary judgment hearing. "He told me that it looked like to him I received a default judgment and now was asking for arbitration. I explained to him that that was my defense before I even realized I had a default judgment. But he seemed like he didn't believe me or he didn't care. He asked why the court should allow my motion and I told him because I was not aware of the default judgment. He then asked me if I received the request for summary judgment and I said yes, he then asked me why I didn't show up for the hearing on the 6th."