racecar

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Everything posted by racecar

  1. The court said that the summary judgment was properly established by default. There was never a ruling on DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT and REQUEST FOR HEARING.
  2. "local attorney who also moonlights as a debt collector" Marvin Dang is not moonlighting that's what he does. Post the complaint when it comes and we will help you answer and beat Mr Dang at his own game. For now I would study the rules of procedure. http://www.courts.state.hi.us/docs/court_rules/rules/hrcp.htm
  3. POS-030 - California Home Page Yes keep a copy of anything you send and always mail certified return receipt requested so you have proof of mailing. Send it directly to the plaintiffs law office.
  4. CROSS-COMPLAINT FOR DAMAGES,INJUNCTIVE & DELARATORY RELIEF AND AN ACCOUNTING FOR VIOLATIONS OF THE FAIR DEBTCOLLECTION PRACTICES ACT(FDCPA) Download Word This might help you get started
  5. We like to make junkdebtbuyers go away. If you would like post up the discovery they sent.
  6. This will keep them busy To: Lawfirm Name and address. Pursuant to Minnesota Rules of Civil Procedure, Rules 33, 34, and 36, Defendant serves upon you and demands answers to the following interrogatories, requests for production of documents, and request for admissions. Minnesota rules provide that you must serve your separate written answers or objections to each interrogatory and request for admission within 30 days after this service. The Propounding Party requests that the Responding Party respond to the following discovery requests in accordance with the Rules Governing the Courts of th
  7. I would answer their discovery and then send them your discovery requests. Always send with a certificate of service and send certified return receipt requested. This way unlike the plaintiff who sent with no proof of mailing you will have proof of mailing should you have to compel a response.
  8. https://www.revisor.mn.gov/court_rules/rule.php?name=cp-toh rules of procedure https://www.revisor.mn.gov/court_rules/rule.php?type=cp&id=26#26.02 discovery rules http://www.mncourts.gov/selfhelp/?page=3444 selfhelp center 26.04Timing and Sequence of Discovery (a) Timing. Notwithstanding the provisions of Rules 26.02, 30.01, 31.01(a), 33.01(a), 34.02, 36.01, and 45, parties may not seek discovery from any source before the parties have conferred and prepared a discovery plan as required by Rule 26.06( c ) except in a proceeding exempt from initial disclosure under Rule 26.01(a)(2), or wh
  9. "Plaintiff's first set of interlocking discovery" This is just another name for discovery requests. Did they send you some discovery to answer? If they sent you some discovery requests post them here and we will help you answer them. They may have a business model of trying to scare people in to not showing up for court so they can win by default. Check at the courthouse and see what has been filed against you.
  10. This is the part they don't want anyone to see. EXCEPT AS PROVIDED IN THIS SECTION, THE CHARGED-OFF ACCOUNTS ARE BEING SOLD "AS IS" AND "WITH ALL FAULTS", WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO EITHER CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, AND SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING THE CHARGEDOFF ACCOUNTS, OR THE STRATIFICATION OR PACKAGING OF THE CHARGED-OFF ACCOUNTS. Seller represents and warrants that documentation is a
  11. You will be missed Kutuzov you were a great Florida poster. Good luck in your new career and most of all be safe. RC
  12. Florida Statute 559.715 deals with the assignment of a consumer debt, and states in part: This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment. Florida courts have demanded strict compliance with the statute, UMLIC-VP v. LEVINE, 10 Fla L. Weekly. Supp 336 (2003), and CACH, LLC v QUARTERMAINE, 15 Fla. L. Weekly Supp. 843b (2008).
  13. I would not leave any money in the bank for them to take. When they find out you have no money for them to get you might try to settle again.
  14. Keep us posted, good luck 007 She will have a 2 1/2 to 4 hour drive to your county depending on the weather. I don't think she will show to oppose your motion.
  15. account stated Proof of an account stated requires an express or implied agreement between the parties that a specified balance is correct and due and an express or implied promise to pay this balance. See Merrill-Stevens Dry Dock Co. v. Corniche Express, 400 So.2d 1286 (Fla. 3d DCA 1981). The cause of action is often based upon an implied promise. Thus, when an account statement has "been rendered to and received by one who made no objection thereto within a reasonable time," a prima facie case for the correctness of the account and the liability of the debtor has been made. Daytona Bridge
  16. http://scholar.google.com/scholar?as_q=&num=10&btnG=Search%20Scholar&as_epq=money%20lent&as_oq=&as_eq=&as_occt=any&as_sauthors=&as_publication=&as_ylo=&as_yhi=&hl=en&allcts=&as_sdt=4,1 IN THE CIRCUIT COURT OF THE DEFENDANT'S MOTION TO DISMISS money lent An action for money lent is an action at law which lies whenever there has been a payment of money from the plaintiff to the defendant as a loan." 42 C.J.S. IMPLIED CONTRACTS ยง 2 (2010). In order to state a claim for money lent, a plaintiff must allege: (1) money was delivered to the
  17. http://webcache.googleusercontent.com/search?q=cache:PtEh-u1E1lMJ:www.creditinfocenter.com/community/topic/318551-initial-court-date-in-few-days-filing-for-discovery-when-how/+&cd=3&hl=en&ct=clnk&gl=us
  18. http://webcache.googleusercontent.com/search?q=cache:69-ndk6FowQJ:www.dcbabrief.org/vol231110art4.html+&cd=2&hl=en&ct=clnk&gl=us http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2017&ChapterID=56 http://www.state.il.us/COURT/SupremeCourt/Rules/Art_II/default.asp (735 ILCS 5/2โ€‘619) (from Ch. 110, par. 2โ€‘619) Sec. 2โ€‘619. Involuntary dismissal based upon certain defects or defenses. (a) Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds. If the grounds do not app
  19. Cant hurt to call http://recoveryofjudgment.com/ Call our offices at 646.580.9041 Send faxes to 646.810.5781 Have you obtained a judgment and had difficulty collecting your money? We can help! We find their property. We collect. We send you a check. It will cost you nothing. Zero! We do not waste time urging the judgment debtor to pay money that they have refused to pay for years. Rather, we aggressively use every weapon provided by law to seize their assets and deliver that money where it belongs: your wallet!
  20. Go to your bank and see if they will buy your loan from Toyota.
  21. You may have to wait till the end of the year to see if they remove it. They will keep reporting because they think you might want a new car or a new oven and you might settle with them to remove it early.
  22. I would fill out a complaint with the attorney general's office and your local police dept. Then I might call and email chase bank and tell them what happened. accountatrisk@chase.com. Please include information on the fraudulent transactions in addition to the account holder's name, ZIP code and phone number so we can easily identify you. You'll receive an automated response to let you know we got the email, and we'll follow up with you if necessary in 2 business days.