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 the State of Minnesota. The Propounding Party has used certain words with defined meanings as set forth in the Definitions section, below. (1) Each matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney. (2) If objection is made, the reasons for the objection shall be stated. (3) If not admitted, your answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. (4) A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. (5) An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless stating that a reasonable inquiry was made and that the information known or readily obtainable is insufficient to enable an admission or denial. (6) A party who considers that a matter of which an admission has been requested presents a genuine issue for trial, may not, on that ground alone, object to the request but may deny the matter or set forth reasons for not being able to admit or deny. (7)If a document being requested was in your custody or was known to you, but is no longer available, provide a description of the document, including the contents, and set forth how the document left your possession. (8) If after due diligence in investigating and researching a discovery request, you cannot respond fully, answer to the best of your knowledge and explain your inability to give a complete answer. (9). Include all information within your knowledge, the knowledge of your attorneys, any past or present staff, and any investigators employed by you or your attorneys. DEFENDANTS INTERROGATORIES TO PLAINTIFF PROFESSIONAL SYSTEMS OF MAKATO, INC AS SUCCESSOR IN INTEREST TO WELLS FARGO BANK 1. State the names and addresses of all persons who have knowledge of any facts relating to the case. 2. Identify all documents that may relate to this action, and attach copies of such document. 3. Attach a complete copy of any written records or documents that you have regarding defendant, along with a typed transcription of any handwritten records and documents. 4. Identify all correspondence between plaintiff and the defendant or its representatives, and attach copies. 5. If you claim that the defendant made any admissions as to the subject matter of this lawsuit, state: (a) the date made; ( b ) the name of the person by whom made; ( c ) the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy. 6. If you or your representative and the defendant have had any oral communication concerning the subject matter of this lawsuit, state: (a) the date of the communication; ( b ) the name and address of each participant; ( c ) the name and address of each person present at the time of such communication; (d) where such communication took place; and (e) a summary of what was said by each party participating in the communication. 7. If you claim that the violation of any statute, rule, regulation or ordinance is a factor in this litigation, state the exact title and section. 8. Set forth a particular statement of the items of the claim, their amounts and dates, a calculation in figures of the amount of interest, the payments or credits, if any, and the net amount due. 9. If the Account was assigned by the Original Creditor, set forth the date and a description sufficient to identify each Record which reflects or memorializes each assignment beginning with the Original Creditor and ending with you. [Note that defense anticipates that you will identify such things as forward flow agreements, purchase and sale agreements, bills of sale, and schedules of accounts]; 10. Attach a copy of each Record identified in your response to Interrogatory #9. 11. With respect to each assignment of the Account, identify the name of each Natural Person who has personal knowledge as to whether the Account was described or identified in the assignment. 12. Identify all Records in your possession concerning the Account. 13. Attach a copy of each Record identified in your response to Interrogatory #12. 14. Identify each request you sent to either the Original Creditor or assignee of the Account for either a Record or information about the Account. 15. Attach a copy of each request identified in your response to Interrogatory #14. 16. Attach a complete copy of the response you received for each request identified in your response to Interrogatory #14. 17. What is the date on which the Account went into default? 18. What is the date of the Account’s last billing statement? 19. Explain any difference between the Account’s charge off balance and the balance on the Account’s last billing statement. 20. State the name of each Natural Person known to you or to your attorneys who can demonstrate that each Computer Record is what you claim it to be. 21. State the name of each Natural Person known to you or to your attorneys who is familiar with the record system used to create and store each Computer Record. 22. State the name of each Natural Person known to you or to your attorneys who can establish that it was the regular practice of the business which created each Computer Record to make it. 23. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was made at or near the time of observation by a person with actual knowledge or from information supplied by such a person. 24. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was made by a business whose regular practice was make that type or kind of Business Record. 25. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was in fact made in the regular course of the business which made it. 26. Attach a copy of each Sworn Statement and indicate in the space below that the requested item(s) are attached or state the reason why it is not attached. 27. For each Sworn Statement, state whether you have the version which contains the Declarant’s original signature. 28. Attach a copy of each Record relied on or used by each Declarant in preparing his or her Sworn Statement and indicate in the space below that the requested items are attached or state the reason why it is not attached. 29. State the number (or, if unknown, a reasonable estimate of the number) of affidavits, declarations and certifications made by each Declarant on the same date as the Declarant’s Sworn Statement. 30. If you assert a claim for legal fees, attach your written retainer agreement with your attorney and indicate in the space below that the requested item is attached or state the reason why it is not attached. 31. Attach a copy of Defendant’s application in connection with the Account. If you do not have possession of that application, state whether you have requested a copy from anyone. 32. Were there written terms and conditions which governed the Account at the time the Account was opened? 33. Were the written terms and conditions which governed the Account at the time the Account was opened changed, modified, amended or replaced at any time after the Account was opened? 34. If you contend that Defendant’s payment obligations on the Account arose out of transactions other than transactions in which the money, property, insurance or services which are the subject of the transactions are primarily for personal, family or household purposes, then state the factual basis for your contention. 35. Identify and produce a copy of all documents reflecting that the information described in 15 U.S.C. § 1637(a)(1) through (8) (to the extent applicable) was disclosed to Defendant before the Account was opened. 36. Identify and produce a copy of all documents which you understand as constituting written notice of an increase in the Account’s annual percentage rate in accordance with 15 U.S.C. § 1637(i). 37. Do you have any claims against Defendant other than those arising out of the Account? 38. Identify each individual you expect to call at trial as an expert witness and include the subject matter on which each person is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. 39. What is the full name, job title and work address of the Natural Person who certified the answers to these interrogatories on your behalf? [END OF INTERROGATORIES] RESPONDING PARTY’S CERTIFICATION TO ANSWERS TO INTEROGATORIES I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. Date Print Name and Title Below Signature ______________________________ _______________________________ Date Your name Defendant, pro se Your Address Telephone: 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 the State of Minnesota. The Propounding Party has used certain words with defined meanings as set forth in the Definitions section, below. (1) Each matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney. (2) If objection is made, the reasons for the objection shall be stated. (3) If not admitted, your answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. (4) A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. (5) An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless stating that a reasonable inquiry was made and that the information known or readily obtainable is insufficient to enable an admission or denial. (e) A party who considers that a matter of which an admission has been requested presents a genuine issue for trial, may not, on that ground alone, object to the request but may deny the matter or set forth reasons for not being able to admit or deny. DEFINITIONS The following words, when used with the initial letter capitalized, has the designated meaning: (A) "Account" means the indebtedness alleged in your Complaint. ( B )"Original Creditor" is the Person with whom the Account was originally created for Defendant. ADMISSION REQUESTS TO PLAINTIFF PROFESSIONAL SYSTEMS OF MAKATO, INC AS SUCCESSOR IN INTEREST TO WELLS FARGO BANK 1. Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any written agreement governing the Account. ___ADMIT ___DENY 2. Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any billing statement for the Account. ___ADMIT ___DENY 3. Plaintiff has no personal knowledge as to why the Original Creditor entered any transaction, debit, credit or charge on any billing statement for the Account. ___ADMIT ___DENY 4. Neither Plaintiff nor its attorney(s) possess an affidavit, certificate or other document executed by or on behalf of the Original Creditor which purports to authenticate the genuineness of any documents related to the Account. ___ADMIT ___DENY 5. Plaintiff’s right to acquire documents from the Original Creditor about the Account is governed by the written agreement under which Plaintiff acquired the Account. ___ADMIT ___DENY Signed by Responding Party’s (CHECK ONE) ____ authorized agent _____ Attorney Date Your name Defendant, pro se Your Address Telephone: DEFENDANTS PRODUCTION OF DOCUMENTS TO PLAINTIFF PROFESSIONAL SYSTEMS OF MAKATO, INC AS SUCCESSOR IN INTEREST TO WELLS FARGO BANK DEFINITIONS The following words, when used has the designated meaning: (A) "Account" means the indebtedness alleged in your Complaint. ( B ) "Original Creditor" is the Person with whom the Account was originally created for Defendant. 1. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder. 2. The forward flow or media document(s) governing this transaction. 3. Proof of mailing of monthly statements to defendant. 4. A complete history of the account from day one, establishing the legitimacy of the balance sought. 5.The original signed application establishing the account. Date Your name Defendant, pro se Your Address Telephone: End of discovery CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been fumished by Certified U.S. Mail Return Receipt Requested this day of November 22, 2013 To All counsel of record, see attached mailing list. Kennedy & Kennedy Law Office 99 Navaho Avenue, Suite 104 PO Box 3223 Mankato, MN 56002-3223.
  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 when allowed by stipulation or court order. ( b ) Sequence. Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. ( c ) Expedited Litigation Track. Expedited timing and modified content of certain disclosure and discovery obligations may be required by order of the supreme court adopting special rules for the pilot expedited civil litigation track.
  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 available for no less than 50% of the Charged-off Accounts. Seller represents and warrants that documentation is available for no less than 50% of the Charged-off Accounts. The fee for such service shall free for the first ten percent (10%) per document provided for up to ten percent (10%) of the Charged-off Accounts. If the total number of documents requested is greater than ten percent (l0%) but less than twenty-five percent (25%) of the Charged off Accounts, Seller may, in its sole discretion, honor such requests and charge Purchaser ten dollars ($10.00) for each requested document. If the total number of documents requested exceeds twenty-five percent (25%) of the Charged-off Accounts, Seller may in its sole discretion honor such request and charge Purchaser fifty dollars ($50.00) for each document provided. Notwithstanding the foregoing, Seller shall have no obligation to retrieve or provide any documents to any assignee of the Purchaser without Seller's prior written consent. ( b ) Payment for documents pursuant to subparagraph (a) is due thirty (30) days from Seller's invoice date. ( c ) If Purchaser files any legal action to collect on a purchased Charged-off Account and requests or subpoenas an officer or employee of the Seller or an affiliate to appear at a trial, hearing or deposition to testify about the Charged-off Account, the Purchaser shall pay the Seller or the affiliate for the officer's or employee's time in traveling to, attending and testifying at the trial, hearing or deposition, whether or not the officer or employee is called as a witness, at the then current hourly rate of such officer or employee. The Purchaser will also reimburse the Seller or the affiliate for the officer's or employee's out-of-pocket, travel and other related expenses. Assignment Purchaser and Seller may assign this Agreement to an affiliate or the successor surviving entity in any merger, reorganization or the like, upon the condition that the assignee shall assume, either expressly or by operation of law, all of Seller's or Purchaser's respective obligations hereunder; and provided further, that Purchaser may assign, as security, its rights in the purchased Accounts and its rights under this Agreement to the financial institution (and its successors, assigns or affiliated corporations) which may be providing financing to Purchaser for the purchase of Charged-off Accounts hereunder. Purchaser also may sell or transfer any or all of the Charged-off Accounts purchased hereunder, but Seller shall have no obligation to any such transferee of the Charged-off Accounts. Purchaser's Duty to Keep Information Confidential From and after the execution of this Agreement, Purchaser shall keep confidential, and shall cause its officers, directors, employees and agents to keep confidential the terms of this Agreement and all information related to the Charged-Off Accounts sold hereunder (other than as may be necessary to disclose in order to collect on those Charged-Off Accounts or to report Charged-Off Account experience to credit bureaus) and, any and all information obtained from Seller concerning the assets, properties, and business of Seller, and shall not use such Confidential Information for any purpose other than those contemplated by this Agreement, provided, however, the Purchaser shall not be subject to the obligations set forth in the proceeding clause with respect to any such information provided to it by Seller which either (i) was in Purchaser's possession at the time of Seller's disclosure, (ii) is lawfully obtained by Purchaser from a third party, or (iii) is or becomes a matter of public knowledge, (iv) is required to be disclosed to any suffer irreparable harm and that damages caused by a breach of this Section 26 would be impossible to calculate and would, therefore, be an inadequate remedy. Accordingly, the Purchaser agrees that Seller shall be entitled to temporary and permanent injunctive relief against the Purchaser and/or its agents for any threatened or actual breach hereof. In the event Seller initiates any action to enforce the obligation of the Purchaser or its agents hereunder, the Purchaser agrees to reimburse Seller for all costs and expenses, including reasonable attorney's fees, incurred by Seller in this regard. Nothing in this Agreement shall be construed to limit Purchaser's obligation under any provisions of any confidentiality agreement entered into between Purchaser and Seller.
  11. racecar

    New Profesion

    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 Co. v. Bond, 47 Fla. 136, 36 So. 445, 447 (Fla.1904); Gendzier v. Bielecki, 97 So.2d 604, 608 (Fla.1957). An objection "impliedly admit the correctness of the amounts on the account stated" when it does not challenge them. Federated Dep't Stores, Inc. v. Antigo Indus., Inc., 297 So.2d 591, 592-93 (Fla. 3d DCA 1974); see also Breezy Bay, Inc. v. Industria Maquiladora Mexicana, S.A., 361 So.2d 440, 441 (Fla. 3d DCA 1978). A debtor may overcome a prima facie case of an account stated by "meeting the burden of proving fraud, mistake[,] or error" in the account. Robert C. Malt & Co. v. Kelly Tractor Co., 518 So.2d 991, 992 (Fla. 4th DCA 1988); Gendzier, 97 So.2d at 608. The cause of action for an account stated is based on "the agreement of the parties to pay the amount due upon the accounting, and not any written instrument." 938*938 Whittington v. Stanton, 63 Fla. 311, 58 So. 489, 491 (Fla.1912). Thus, "it is not necessary, in order to support a count upon account stated, to show the nature of the original debt, or to prove the specific items constituting the account." Daytona Bridge Co., 36 So. at 447 (citations omitted).
  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 § 2 (2010). In order to state a claim for money lent, a plaintiff must allege: (1) money was delivered to the defendant, (2) the money was intended as a loan, and (3) the loan has not been repaid.[1]See 66 Am. Jur. 2d RESTITUTION AND IMPLIED CONTRACTS § 171 (2010) (citing Doughty v. Sullivan, 661 A.2d 1112, 1123 (Me. 1995)); cf. Fla. R. Civ. P. Form 1.936 (implying the three elements in the pleading Here, the allegations of the Complaint, even when read in the light most favorable to the Plaintiffs, do not establish the second element that the money deposited into Star Capital's bank account was intended as a loan. Plaintiffs claim "Star Capital owes Paladin $750,000 that is due with interest since March 9, 2009, for money lent by Paladin to Star Capital in September 2008." (Compl. ¶ 23). It should be noted the language of this pleading mimics a fill-in-the-blank pleading example provided in Florida Rule of Civil Procedure Form 1.936.[3] Nevertheless, the Supreme Court in Twombly clearly requires more than "a formulaic recitation of the elements of a cause of action," 550 U.S. at 555, or "naked assertion" devoid of "further factual enhancement," Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 557). Plaintiffs allege neither a written, oral, nor an implied agreement to lend money to Star Capital, nor other facts that make this cause of action plausible against this Defendant. To the contrary, Plaintiffs incorporate their general allegation the money was "deposited into Star Capital's bank account, for the benefit of Goldstein" into their specific allegation that Star Capital is liable for money lent. (Compl. ¶¶ 9, 17-18). This description is more typical of a trust — rather than loan relationship — between Plaintiffs and Star Capital. See Bankers Life & Cas. Co. v. Gaines Const. Co., 199 So. 2d 482, 485 (Fla. 3d DCA 1967) ("If the intention is that the money shall be kept or used as a separate fund for the benefit of the depositor, or third person a `trust' is created. However, if the intention is that the person receiving the money shall have unrestricted use thereof a `debt' is created."). Because the Plaintiffs do not plead facts from which the Court can reasonably infer the money transferred to Star Capital was intended as a loan to Star Capital, they fail to state a cause of action for money lent.
  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 5/2‑619) (from Ch. 110, par. 2‑619) Sec. 2‑619. 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 appear on the face of the pleading attacked the motion shall be supported by affidavit: (1) That the court does not have jurisdiction of the subject matter of the action, provided the defect cannot be removed by a transfer of the case to a court having jurisdiction. (2) That the plaintiff does not have legal capacity to sue or that the defendant does not have legal capacity to be sued. (3) That there is another action pending between the same parties for the same cause. (4) That the cause of action is barred by a prior judgment. (5) That the action was not commenced within the time limited by law. (6) That the claim set forth in the plaintiff's pleading has been released, satisfied of record, or discharged in bankruptcy. (7) That the claim asserted is unenforceable under the provisions of the Statute of Frauds. (8) That the claim asserted against defendant is unenforceable because of his or her minority or other disability. (9) That the claim asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim. ( b ) A similar motion may be made by any other party against whom a claim is asserted. ( c ) If, upon the hearing of the motion, the opposite party presents affidavits or other proof denying the facts alleged or establishing facts obviating the grounds of defect, the court may hear and determine the same and may grant or deny the motion. If a material and genuine disputed question of fact is raised the court may decide the motion upon the affidavits and evidence offered by the parties, or may deny the motion without prejudice to the right to raise the subject matter of the motion by answer and shall so deny it if the action is one in which a party is entitled to a trial by jury and a jury demand has been filed by the opposite party in apt time. (d) The raising of any of the foregoing matters by motion under this Section does not preclude the raising of them subsequently by answer unless the court has disposed of the motion on its merits; and a failure to raise any of them by motion does not preclude raising them by answer. (e) Pleading over after denial by the court of a motion under this Section is not a waiver of any error in the decision denying the motion. (f) The form and contents of and procedure relating to affidavits under this Section shall be as provided by rule. (Source: P.A. 83‑707.) - See more at: http://codes.lp.findlaw.com/ilstatutes/735/5/II/2-619#sthash.Xh3HTAJ1.dpuf
  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.