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Everything posted by racecar

  1. [Name of plaintiff] claims that [name of defendant] owes [him/her/it] money on an account stated. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] owed [name of plaintiff] money from previous financial transactions; 2. That [name of plaintiff] and [name of defendant], by words or conduct, agreed that the amount stated in the account was the correct amount owed to [name of plaintiff]; 3. That [name of defendant], by words or conduct, promised to pay the stated amount to [name of plaintiff]; 4. That [name of defendant] has not paid [name o
  2. 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]. "A book account may be deemed to furnish the foundation for a suit in assumpsi
  3. I would keep your affidavit short and sweet so the judge might read it. exhibit C Affidavit of Defendant. I 007 am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge. This record of events was made at or near the time of the act or reasonably soon thereafter. The relevant information concerning this motion includes the following: 1. I found out about this in the following manner by viewing the courts website defendant saw judgment was entered against defendant. 2. I did not answer and appear at the hearing because I was not served
  4. Its not over yet back to work. IN THE DISTRICT COURT OF SEDGWICK COUNTY, KANSAS PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff vs. abrennan007 Defendant, (Pursuant to K.S.A. Chapter 61) ________________________________/ DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT and REQUEST FOR HEARING COMES NOW, the Defendant abrennan007 on the case in proper for the purpose of requesting Motion To Set Aside Default Judgment and Request For Hearing I, the Defendant abrennan007 request that the Court enter an order to set aside the Default Judgment entered against me and that I be given the opportunity t
  5. http://kansasstatutes.lesterama.org/Chapter_61/Article_33/#61-3302 61-3301: Default judgment. (a) The court may enter a default judgment in the following situations: (1) If a defendant fails to either appear or file a written answer on or before the time specified in the summons, judgment may be entered against the defendant upon proof of service and at such time as the plaintiff requests same, without further notice to the defendant. (2) If a defendant fails to appear at the time set for a pretrial or trial hereunder, judgment may be entered against the defendant at the requ
  6. Friday, July 8, 2011 pages 19 and 20 are the false affidavit Encore Capital Group is midlands parent company N 0.: 11-0484 - Supreme Court of Texas JAMES G. STRACHAN VS. FIA CARD SERVICES, A/K/A BANK OF AMERICA Attorney General Abbott Charges Encore Capital Group with Violating Texas Debt Collection Laws State's enforcement action cites Encore for employing unlawful tactics against debtors, relying upon "robo-slgners" to sign thousands of false affidavits HOUSTON-Texas Attorney General Greg Abbott today charged Encore Capital Group, Inc. with falsifying and robo-slgning affidavit
  7. 302. Contract Formation—Essential Factual Elements http://www.justia.com/trials-litigation/docs/caci/300/302.html credit card statements are just credit card statements unless somebody from the original creditor comes and authenticates them and states there is a balance due and owing. Credit card statements do not mean you owe any money. Did you ever dispute the amount owed were you not given credit for a payment? Some of the law firms are debt buyers and act like they are the original creditor.
  8. http://irvinebusinesslawyers.blogspot.com/2013/04/california-breach-of-contract-law.html http://www.justia.com/trials-litigation/docs/caci/300/303.html
  9. IN THE DISTRICT COURT OF MY COUNTY FLORIDA American Express Plaintiff vs. Defendant Name Defendant Case Number MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION COMES NOW the Defendant my name appearing Pro Se for its Motion to Compel Private Contractual Arbitration with American Express and as grounds thereto states the following: 1. That on or about November 12, 2013, Plaintiff filed its Complaint against Defendant. 2. Defendant moves this court to compel binding Private Arbitration with Jams based on t
  10. I would go to the Scotts Bluff County Sheriff Dep't and pick up the summons if not they will post and ad in the newspaper and you will then be served and they will hold court without you and get a default judgment. see 25-518.01 Its easier to fight these from the beginning then overturning a default judgment. There is no need to avoid service Get served and post up the complaint and we will help you answer. I'm sure with the attorney being 8 hours away he is counting on a default judgment, since most people don't show up for court. 25-518.01. Service by publication. Service may be made
  11. Name Address City, State and Zip Code Telephone Number   IN THE DISTRICT COURT OF MY COUNTY STATE OF FLORIDA Plaintiff Name Plaintiff vs. Defendant Name Defendant Case No: ___________________ DEFENDANT'S MOTION TO CORRECT CLERICAL ERROR Comes Now the defendant in this cause, asks the court to correct a clerical error in this case which was filed November 25th 2013 in this case pursuant to Florida Rules of Civil Procedure 1.540(a). The error is ____________________________________________________________ _____________________________________________________________________
  12. RULE 1.540 RELIEF FROM JUDGMENT, DECREES, OR ORDERS (a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court. ( b ) Mistakes; Inadvert
  13. Is the original creditor reporting or Asset reporting? Glad they dismissed.
  14. What I gave you is the case winner study this. Never wait on the Plaintiff to do anything. Send a letter to the plaintiff stating they are suing on a time barred debt and you will not take any action against them if they dismiss the case. Florida has a borrowing statute and your credit agreement has a choice of law provision that is out of Virginia which also has a borrowing statue. "Account Stated" is governed by either Virginia's three year statute of limitations contained in Virginia Code Section §8.01-246(4) or the lesser two year statute of limitations because it is not a claim fo
  15. Send them a letter telling them you want to Arbitrate with jams https://www.gecrbter...sCreditCard.pdf credit agreement http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/ read this http://www.jamsadr.com/ jams http://www.consumerfinance.gov/credit-cards/agreements/search/?q=ge credit card agreement data base 23. 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 M
  16. I would say by failing to file in a timely manner the plaintiff would be deemed to have waived all objections to your motion(counter-claim). What was your counter-claim?
  17. You did a great job. The witness they claim will show never seems to show.
  18. In your affidavit I would negate the parts in plaintiffs affidavit #4 and #5 About the true balance due and owing to plaintiff by defendant the sum of $16,170.51 and demand for payment has been made for the amount due and owing has not been tendered. No where in your affidavit do you deny the account. No where do you deny owing $16,170.51 to the plaintiff. Every accusation made by the plaintiff must be denied. I might use Philip sterns index of files and download the copy of a chase bank sales agreement showing accounts are sold as is with all faults 2008.02.15.Forward_F..> this is
  19. Under California law "[a]n account stated is an agreement, based on the prior transactions between the parties, that the items of the account are true and that the balance struck is due and owing from one party to another." Gleason v. Klamer, 103 Cal. App. 3d 782, 786-87 (1980); see generally 1 B.E. Witkin, Summary of California Law, Contracts, §917 (9th ed.). An essential element of an account stated is that both parties have assented to its terms. Restatement (Second) of Contracts §282. If there is no evidence that both parties agreed to a stated sum, the document is not an account stated. S
  20. I think we should not worry any more about this guy he is just a distraction and get back to your defenses.
  21. Tom we forgive you. I guess if my mansion was damaged I would sue their A$$.