Ruffian

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About Ruffian

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    CIC Member

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    Arizona
  1. What happens once the judge rules in favor of the Plaintiff? Is there a timeframe from the ruling to the actual judgement being placed against me? The card was originally issued in a non community property state in my name only, however, I am now divorced for about 2 years and live in a community property state. AZ Should my X be concerned at all about this judgement. What can I expect to happen going forward from the courts and attorney?
  2. Awesome response...thanks.I will do just that! One step at a time:roll
  3. I am always hesitant to do this as it lets them know that they have a correct address for me. They may never contact a local Attorney.....
  4. My credit report is showing where three of my cc accounts were sold. I received a letter from a collection agency stating that I owed X and if I do not respond in XX days they assume debt is valid. Threatening to send to an attorney in my state. Should I request a debt validation at this time? or wait until I hear from a local attorney?
  5. I called TA and they said the case was given to a local attorney. Complaint states local attorney address,
  6. Can I argue that the account # is not the # of the alleged cc . the # referenced is from Trak America. Trak Am assigned my account to Attorney. Still have no actual proof of chain of assignment and no statements from 2004 -2009 when account was open. Can I include this in my response................
  7. The Plaintiff provided statements from May to September 2010 only showing a final balance owed...nothing more
  8. I tend to agree with you............... Now the response to the Judge.......... when all the previous issues were addressed..which the Judge must have read before ruling. Perhaps the response from the Plaintiff with 2 exhibits which even I could get from a search Do I need to have my response notarized and Do I need to submit a motion with my response Not too sure what is left to say...... I have already addressed the matter Not having received any statements form Plaintiff, I do knot know if this total is correct or if this is my debt as the Account # is different on the Affiants statement Anything left here? BK?
  9. This is what is says FIA CARD SERVISES vs XXXXXX Case No ? AFFIDAVIT The undersigned being duly sworn, makes the following oath: 1. I am over 18 years old and competent to make this affidavit. I am a Custodian of Records and an authorized Officer of Plaintiff FIA cs NA for the purpose of this affidavit. I am duly authorized to make this affidavit, and because of the scope of my job responsibilities, I am familiar with the manor and method by which Plaintiff maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity: 1) at or near the time the events they purport to describe occurred, by a person with the knowledge of the facts and events, or 2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this affidavit are believed to be true and correct based upon my knowledge of the process by which Plaintiff maintains its business books. 3) The books and records of the Plaintiff show that defendant opened an account with FIA cs NA or a predecessor in interest, for the purpose of obtaining an extension of credit and did thereafter use or authorize the use of the account for the acquisition of goods, services, or cash advances in accordance with the customer agreement governing the use of that account. Further, Defendant has breached the agreement by failing to make periodic payments as required thereby. 4) The books and records of Plaintiff show that defendant currently is indebted to Plaintiff on account # XXXXXXXXXX(not my acct #) for the just and true sum of XXXXX and that all just and lawful offsets have been allowed. The customer agreement entered into between the Defendant and the Plaintiff, or a predecessor in interest, also authorizes to recover from Defendant reasonable costs to the extent permitted by law. 5) I declare under penalty of pergury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Affiant Raven Mc Rae Notary Katrina Huntley Guillford County NC The only statements produced are from May to August 2010 /the ones from well after I defaulted . Nothing form day 0 or in between and BOA says account was foreclosed on and sent to recovery Trak A Notarized
  10. When the Judge ruled he ordered that the Plaintiff file a supplemental affidavit addressing the issue (in my Motion to oppose ) Defendant stated that FIA fails to establish that it was the assignee of the account for BOA. Plaintiff responded with same paperwork as originall filed showing a flow chart of 2010 plus an Assistant Secretary's Certificate of FIA Card Services, NA which lists the chain of events and states that BOA merged into and under the title of FIA Card services, NA Wilmington, DE Charter # 22381. I am to respond to this response from Plaintiff and it actually is the same response Plaintiff submitted in responding to my opposition. I need to make this better somehow with my response to the same opposition by Plaintiff I originally stated many of the facts that I found here and that are being offered Why would the Judge order Plaintiff to file a supplemental affidavit? Why would Plaintiff submit the same response ?( The Judge already has this information) Does my response require a notary?
  11. Thank you Where can I find /read the case law? Aaron v. FIA Card Services 2:10-cv-00883 (WV) Sued FIA and Client Services for violations of VW debt collection law and the FDCPA. Davis v. FIA Card Services (NJ). ( I do not belong to Pacer) I
  12. So I am dead in the water........................
  13. BOA said the account was given to TA 4-2-2011. CR shows Last update was 4/2012
  14. Thank you BV80. If FIA gave/sold the case to TrakAmerica....Who are they?
  15. Does any standing need to be proved here? Do I have anything that will help win on a MSJ ruling