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Everything posted by racecar

  1. I'm pretty sure he is the owner / partner. I just know he buys a lot of debt and files suit all over the country.
  2. Some of Litow and Pech's clients have included: Asset Acceptance, Capital One Bank, NCO Portfolio Management Inc., Citibank South Dakota NA, Cavalry Portfolio Services LLC, LVNV Funding LLC, Convergence Receivables LC, HSBC Bank Nevada NA, North Star Acquisition, LLC, Liberty Credit Services, Inc. and Discover Bank. Attorneys for Litow and Pech: Charles Litow, Piper Lori hughes, Christoper Pech, James Mcdonald, and John N. Elvert. CHARLES L. LITOW is the Incorporator/Organizer of CONVERGENCE RECEIVABLES L.C., registered in Arkansas. Read more: http://businessprofiles.com/details/convergence-receivables-l-c/US-AR-811008834/charles-l-litow#ixzz2jiqQYvNJ No Payment Letter, Notice to Cure, Lawsuit Letter and Response to Verification Request. http://johnsonlawfirmia.com/litow_law_office.html one of the good guys
  3. http://webcache.googleusercontent.com/search?q=cache:QKGJYpkr85UJ:www.govcollect.org/files/Oklahoma_Debt_Collection_Laws.pdf+&cd=6&hl=en&ct=clnk&gl=us For Charles Litow Attorneys not licensed to practice law in Oklahoma, who are retained by a client to vindicate their client’s legal rights, are required to obtain an Oklahoma bar license, as practicing law in the state without a proper license is considered the unauthorized practice of law.
  4. Don't let these clowns scare you. I think your doing a great job and I believe the attorney from Iowa could be there most likely to help the other Attorney who seems to be struggling to help finish the case in their favor.(If he shows at all) Your job to see that they don't. The junkdebtattorney will tell you that there is no way you can win because they have what they need. Never sign anything they hand you it could be a stipulated or consent judgment. Its best not to talk with the other side but the Judge may have you both go in the hallway or a conference room and try to work out a settlement. If he says anything to you just tell him your ready for trial. THIS IS GREAT TO READ SEVERAL TIMES How to Answer Distressing Questions Truthfully, but in Your Favor Judge: Is this your debt? You: Your Honor, the Plaintiff has provided no proof of this debt. To the best of my knowledge and evidence provided, this is not my debt. Judge: Did you ever have a card with Bank A? You: Yes, I did Your Honor, but to the best of my recollection, this card was paid off. In addition, the Plaintiff has provided no proof the debt is unpaid or even that this PARTICULAR debt is mine. Plaintiff's Attorney - Introduction of EvidenceSpoken Statements: if the Plaintiff is a collection agency or junk debt buyer, object to anything the attorney says as hearsay. The attorney and the plainiff do not have intimate knowledge of the creation of the debt. Written Evidence: If the Plaintiff's attorney shows anything wasn't included in the original summons/complaint package, or wasn't provided in discovery, object on the basis that it wasn't included in discovery and cannot now be submitted. You can also object if the evidence is not authenticated, meaning that the evidence cannot absolutely be substantiated as a true copy of an original document. If any evidence isn't authenticated, object to it as hearsay. "Authenticated" means there is a letter from the issuing company stating that these are true copies of the original.
  5. Charles Litow is a junkdebtbuyer attorney in Iowa who specializes in carpet-bombing lawsuits. Charlie Litow to testify to the creation, use, accounting, default, sale or assignment, if any, and remaining balance of the account in question. Would he show up as a witness I don't think so, he would be of no value. http://www.nationallist.com/?id=201
  6. They have your dad's signature on the check that does not mean you owe any money but does show that their was an account and it was used.
  7. I would include this in your opposition to summary judgment motion You may have an SOL defense HSBC is out of Virginia http://www.consumerfinance.gov/credit-cards/agreements/search/?q=hsbc credit agreement This Agreement is governed by Virginia law and federal law. We make our credit decisions and extend credit to you under this Agreement from Virginia. This Agreement is: • entered into in Virginia; and • maintained in Virginia. This is true whether or not you use your Card in Virginia. http://webcache.googleusercontent.com/search?q=cache:U0u9O8sLcs4J:www.nclc.org/images/pdf/unreported/Gelsey_Order.pdf+&cd=3&hl=en&ct=clnk&gl=us read this case CAPITAL ONE BANK Vs. ROSA L. GELSEY Count Two of Plaintiffs Amended Statement of Claim is entitled "Account Stated" and 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 founded on a signed, written agreement as is provided above. See Virginia Code Section §8.01-248.
  8. http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=6200000&SeqEnd=8800000 http://webcache.googleusercontent.com/search?q=cache:69-ndk6FowQJ:www.dcbabrief.org/vol231110art4.html+&cd=2&hl=en&ct=clnk&gl=us (735 ILCS 5/2-606) (from Ch. 110, par. 2-606) Sec. 2-606. Exhibits. If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her. In pleading any written instrument a copy thereof may be attached to the pleading as an exhibit. In either case the exhibit constitutes a part of the pleading for all purposes. (Source: P.A. 82-280.) 735 ILCS 5/2-610) (from Ch. 110, par. 2-610) Sec. 2-610. Pleadings to be specific. (a) Every answer and subsequent pleading shall contain an explicit admission or denial of each allegation of the pleading to which it relates. ( b ) Every allegation, except allegations of damages, not explicitly denied is admitted, unless the party states in his or her pleading that he or she has no knowledge thereof sufficient to form a belief, and attaches an affidavit of the truth of the statement of want of knowledge, or unless the party has had no opportunity to deny. ( c ) Denials must not be evasive, but must fairly answer the substance of the allegation denied. (d) If a party wishes to raise an issue as to the amount of damages only, he or she may do so by stating in his or her pleading that he or she desires to contest only the amount of the damages. (Source: P.A. 83-354.)
  9. What ever you have been doing for three years seems to be working. I think you should file summary judgment.
  10. http://www.creditinfocenter.com/community/topic/315171-this-victory-is-golden-law-of-delaware-and-sol/ its for Utah Frosted your motion looks fine be sure to include a certificate of service.
  11. Just send a letter to the attorney to remind him to dismiss his complaint with prejudice in return for you withdrawing your arbitration initiation. When he dismisses his complaint you will dismiss yours. Make sure its done with prejudice or he might sell the debt again and it will start over.
  12. Electing Arbitration might be an option for you. Your credit agreement http://www.consumerfinance.gov/credit-cards/agreements/search/?q=ge http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/ strategy and steps of arbitration. Its expensive for the plaintiff so this might run them off. PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION 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 BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. • What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Amazon.com if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. • No Class Actions YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to GE Capital Retail Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. 4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced. • Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. • How to reject this section You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to GE Capital Retail Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section
  13. Initial Interrogatories and Admission Requests we have used in debt buyer credit card collection cases Interrogatories we have used in debt buyer cases where the amount claimed is less than $3,000. Memorandum of Law on Debt-Buyer Standing to Sue Under New Jersey Law. Forms from the New Jersey Judiciary Website. Brief for Summary Judgment Motion in a debt buyer collection lawsuit. decision MIDLAND CREDIT MANAGEMENT NOT COMPETENT TO BE A FOUNDATION WITNESS
  14. If you need more time IN THE DISTRICT COURT OF SEDGWICK COUNTY, KANSAS PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff vs. abrennan007 Defendant, (Pursuant to K.S.A. Chapter 61) Case No. 13LM*****   MOTION FOR EXTENSION OF TIME COMES NOW, the Defendant abrennan007 on the case in proper for the limited purpose of requesting an extension of time until November 18, 2013, to file a response to Plaintiffs motion for summary judgment. Defendant requests an extension of time until November 18, 2013 to answer plaintiff's summary judgment motion. WHEREFORE, the defendant, abrennan007 prays that its motion be sustained and that it be allowed an extension of time until November 18, 2013, to file to answer to plaintiff's summary judgment motion. SUBMITTED BY: abrennan007 BY: abrennan007 My address my phone my email Defendant CERTIFICATE OF SERVICE I, abrennan007 , hereby certify that I caused a true and correct copy of the above and foregoing Motion to be mailed on the 31st day of October, 2013, addressed as follows, to-witt: MARIAN M. BURNS - 04850 P. O. BOX 487 LYNDON, KS 66451 785-828-4418 FAX: 785-828-3269 bbww@bbwwlaw.com ATTORNEYS FOR PLAINTIFF  
  15. 68.3 KB .pdf credit agreement This will be your Exhibit A Send a meet and confer letter to the attorney. You will need to send 2 copies of the credit agreement to the attorney. You will need to send 2 copies of your election of arbitration with jams to the attorney. You will need to send 2 copies of your motion to the attorney. Send certified mail return receipt requested jam it all in a large legal envelope. At trial you will need copies for everyone at court that is yourself, plaintiff ,judge, court clerk. Your letter to attorney should say Todays date I elect private contractual arbitration via JAMS to resolve any disputes between us pursuant to the credit agreement. Respectfully submitted, abrennan007 Defendant case # This will be your Exhibit B Good Luck
  16. http://www.philipstern.com/files/ you may want to look at Philip sterns index of files
  17. http://codes.lp.findlaw.com/ilstatutes/735/5 code of civil procedure Illinois Civil Practice Guide - Jenner & Block http://19thcircuitcourt.state.il.us/resources/Pages/rules_home.aspx rules of the court http://www.dcbabrief.org/vol231110art4.html
  18. Your answers look good Interrogatory No. 5: Please list and describe every defense, whether factual or legal, which you may use at trial. Answer: Defendant objects to this interrogatory on the grounds that it is overly broad, vague and ambiguous, failing in its entirety to identify with specificity the exact type of information requested and further attempts to force Defendant to marshal its evidence. Request for Production No. 13: Produce all documents you believe would support any claim you have against the Plaintiff. Response:Defendant has conducted a diligent search and reasonable inquiry and is currently unable to comply with this demand because such documents have never been in the possession, custody, or control of the Responding Party.
  19. Good job! See you made it thru the BK now no more junk debt buyers bugging you.
  20. How do you know they own the debt and have standing to sue you. Junk debt buyers cannot be trusted. Post up the complaint you will need to answer it denying all the allegations in the numbered paragraphs. Don't talk to the creditors nothing good will happen from it. You should answer the complaint and see what they have against you before you throw in the towel. I would not wait for the summons to come to me I would go get it at the sheriff's office.
  21. IN THE DISTRICT COURT OF MY COUNTY KANSAS PORTFOLIO RECOVERY Plaintiff, Vs. abrennan007 Defendant. Case No: Division: K.S.A. Chapter 61 ORDER GRANTING DEFENDANT’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO STAY PROCEEDINGS AND COMPEL COMPLIANCE WITH AGREEMENT TO ARBITRATE AND ORDER DENYING AS MOOT PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT. COMES NOW Defendant abrennan007 appearing Pro Se for Defendant's Motion To Dismiss Or, In the Alternative To Stay Proceedings And Compel Compliance With Agreement To Arbitrate And Order Denying As Moot Plaintiff's Motion For Summary Judgment with and as grounds thereto states the following: 1. That on or about July 12, 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, attached). 3. The parties are bound by the GE Capital Bank Credit Card Agreement. The Arbitration Agreement states among other things: (a) If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Sam’s Club, if it relates to your account, ( b ) DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. ( c ) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE (d) Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. (e) THIS GE CAPITAL RETAIL BANK ARBITRATION AGREEMENT IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT (FAA). ARBITRATION MUST PROCEED ONLY WITH THE AMERICAN ARBITRATION (AAA) OR JAMS. THE RULES FOR THE ARBITRATION WILL BE THOSE IN THIS ARBITRATION AGREEMENT AND THE PROCEDURES OF THE CHOSEN ARBITRATION ORGANIZATION.   4. The Federal Arbitration Act (FAA) 9 USC Section 1-2 provides:A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration, a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract transaction, or refusal, shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. 5. The Supreme Court Ruling, decided April 27, 2011, ATT MOBILITY LLC v. CONCEPCION 131 S. Ct. 1740 (2011), states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a liberal federal policy favoring arbitration,Moses H. Cone , supra, at 24, and the fundamental principle that arbitration is a matter of contract,Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010 (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The principal purposeof the FAA is to ensure that private arbitration agreements are enforced according to their terms. Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. Animal Feeds international Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA text. Section 2 makes arbitration agreements valid, irrevocable, and enforceableas written (subject, of course, to the saving clause); requires courts to stay litigation of arbitral claims pending arbitration of those claims in accordance with the terms of the agreement; and requires courts to compel arbitration in accordance with the terms of the agreement upon the motion of either party to the agreement . " 6. The Defendant elects arbitration with Jams to settle this dispute. (see Exhibit B, attached). WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with GE CAPITAL RETAIL BANK / PORTFOLIO RECOVERY pursuant to the GE CAPITAL RETAIL BANK Cardmember Agreement and to dismiss Plaintiff's complaint and deny Plaintiff's summary Judgment or in the alternative, to stay proceedings pending private contractual arbitration with JAMS. Respectfully submitted, abrennan007 Defendant, pro'se Certificate of Service On October 31, 2013, I abrennan007 caused the foregoing instrument to be served by delivering a true and correct copy to all counsel of record in this case as indicated below: MARIAN M. BURNS 04850 BURNS, BURNS, WALSH & WALSH, P.A. P.O. BOX 487 LYNDON, KS 66451 785-828-4418 FAX: 785-828-3269 bbww@bbwwlaw.com ATTORNEYS FOR PLAINTIFF By Certified U.S. Mail, Return Receipt Requested abrennan007 my address my phone number my email
  22. raul2000 that's a win in my book for settling the account at $3000 dollars less than amount owed. Hot I thought you had it you did a great job but when the judge is against you no way to win the case. AZ is a tuff place for pro se defendants. Good Luck you guys hope you will stick around and help other AZ posters.
  23. They will dismiss before trial junkdebtbuyers don't want trouble they just want money.
  24. Certain actions by you can unknowingly restart the statute of limitations. 1.acknowledging that you owe the debt. 2.making a payment. 3.entering a payment plan. 4.making an agreement to pay. 5.making a charge on the account. The reason for the statue of limitations is to require the prosecution of a right of action within a reasonable time to prevent the loss or impairment of available evidence. I want to hear the excuse of the plaintiff since the statute of limitations has expired by eight years. The current Plaintiff should know or should have known this claim is way past the statue of limitations. I think they were hoping to scare you in to paying them on a debt they bought for .50 cents.