My~Cuz~n~Vinny~

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My~Cuz~n~Vinny~ last won the day on October 12 2012

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About My~Cuz~n~Vinny~

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core_pfieldgroups_99

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    Civil matters are about contracts and law; they have nothing to do with fairness.

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  1. Hi all! Been a couple years since post judgment on an alleged credit card default. If any could give some quick advice I'd a appreciate it. So ..$10, 000 was the judgment 2 years ago. They never pursued it further. Wanted to refinance a mortgage. My wife has always kept her maiden name .....( you know like Mrs. Alicia Smith-Rodgers ) She has the house and property in her name since original purchase. I was the Co_ signer some 10 years ago for the original loan in her name. Property is deeded only to her. When asking to refinance the bank said no problem, but I noticed this is consi
  2. If one wants to petition the court on a closed matter, ( credit card judgement ), does the defendant legally have to notify the plaintiff's law firm when petitioning the court on any matter relating to the closed and disposed case? The Law firm no longer works for the plaintiff, since the case is closed older than a year now . So, if the prior defendant happens to get the closed case in front of a judge, and wins his/her petition , does the prior defendant have to notify the prior law firm hired by the plaintiff?... I might have a real shot at getting my judgement vacated because of a
  3. Judgement after a year and a half court battle.Decided for Plaintiff as beach of contract ,but account stated was denied.No atty. fees were awarded to plaintiff. Plaintiff's debt collector Atty. has not followed up since judgement. Has been no action in the case for a year and a half after judgement either. Have paper work from plaintiff Atty. (during discovery) stating to plaintiff that the defendant's case warrants merit.( They sent defendant paperwork where they telling their own client, the defendant's case warrants merit.) Also during the plaintiffs court denied MSJ the atty state
  4. Thanks Clydesmom I found that the certified letter was nothing to do with credit cards or a summons. All I know is they have attempted to DV me on this alleged debt 4 times now ,twice by the same attorney/debt collector. However I don't see any law provision that states Continued use of the card renews that agreement with each purchase. Nothing specific has ever surfaced. No dates any specific agreement was sent No starting written contract at the opening of an account.No written application for the credit card. Card was paid always on time and closed by the person 1year before it was
  5. Hi there BV80 from CuZ~n~Vinny~ ACCOUNT STATED Accrual date.The statute of limitations accrues on the date ofthe last transaction (Fairfield Plumbing & Heating Supply Corp.v. Arch Fracker Plumbing & Heating Contractor, Inc., No. CV-93-030551-S, 1993 WL 225004, at *1 (Conn. Super. Ct. June 16, 1993) Does this make sense as to the timing of SOL? I also found this... BREACH OF CONTRACTLimitations period.The statute of limitations is:three years for oral contracts, if still executory (Conn. Gen.Stat. § 52-581 (2012); Bagoly v. Riccio, 927 A.2d 950, 955-56 (Conn. 2007)); So does this
  6. @ BV80 from CuZ~n~Vinny~ The last purchase was a transaction creating a debt owed to the credit card account. Regardless of any due date, that amount was owed when the transaction was made. The agreement (“Cardmember Agreement”) states “You must pay any amount over your credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account, including any balance over your credit line.”. Accordingly, the cause of action does not start to accrue from the time of default as any amount owed is owed at the time of each transaction. The last transa
  7. Thanks Credithis and bassplayr ! Awesome. I was toying with the idea but in the end figured it would be best in my interest to sign for it. I thought maybe since it was out of state they would require a signature of acceptance before they could properly plea their case in Ohio.Thanks for letting me know about raising the improper venue info. I appreciate all the help. As they have dunned my 4 times by three different firms and never brought suit,improper venue should show an Ohio court the last ditch effort of an OC to try to sneak the case by the courts, by not bringing suit in CT. Also la
  8. Thanks for the link there bassplayr ! Yes that did help a lot in understanding the Delaware agreement.StardusterToo did an outstanding job against Midland. I think that would apply even if the OC had hired Midland directly as well. I could not tell if Midland, in this case, was a JDB or working directly for the creditor.But the essence of the acrument and purchase (Delaware Code Title 10, Chapter 81, § 8106). The last purchase was made on LAST_PURCHASE_DATE and the last payment was made to the account on LAST_PAYMENT_DATE. The Delaware statute of limitations starts to run from the date of t
  9. If the original creditor is based in a State which has a three-year statute of limitations for credit card debts, Does Connecticut law say that the other States three-year statute of limitations must apply? So since The Original Creditor waited more than three years to sue on the alleged credit card debt, the statute of limitations has expired, and the court must dismiss the case. I can't seem to find the exact wording in CT. Law
  10. What happens if you ignore ,or refuse certified mail? I have been dunned by one Debt Collector about an alleged debt from a credit card in 2011. then it was handed to another DC 1 year later, only to be bounced back to the same DC that dunned me first in 2011. Both of these dunning letters came in 2012.The second dunning letter was from Ohio who evidently dropped the pursuit and handed it back to the original DC/Attorney here . So in essence this now makes the 4th dun on this alleged debt in 3 1/2 years.. {(There exists no original specifically signed agreement, or application request fo
  11. What happens if you ignore ,or refuse certified mail? I have been dunned by one Debt Collector about an alleged debt from a credit card in 2011. then it was handed to another DC 1 year later, only to be bounced back to the same DC that dunned me first in 2011. Both of these dunning letters came in 2012.The second dunning letter was from Ohio who evidently dropped the pursuit and handed it back to the original DC/Attorney here . So in essence this now makes the 4th dunn on this alleged debt in 3 1/2 years.. .Fast forward to Summer 2014, now a different DC/Attorney firm from has dunned me. As
  12. Hi tinumin ! I do not know how you plead? Was it deny all the way when you filed your answer to the clerks office? Or have you agreed to certain statements asked at the time you simply answered the complaint ? Affirmative defenses means you admit the credit card company gave you a credit card. For Your own defense you must give a valid reason why their allegations of non-payment are not true. Affirmative defenses I have always paid you.... Their records are falsified .... Their records are incorrect... Defendant has never signed any agreement that acknowledges this alleged indebted
  13. Yep. I see what your a say~n~..In my own personal experience I argued this at trial and got the account stated thrown out.I was not pleading I never had the account.I only plead that I did not owe it or own the alleged debt.@ trial they tried to introduce a generic agreement from 3 years into the account. I objected and stated I never saw the alleged written agreement, no less an oral application and agreement.The court agreed and did not award the plaintiff Citibank, Account Stated in their second count of the complaint. No attorney fees...no interest....no written express agreement.Had I not
  14. @BV80... Most courts have ruled that a contract can be proven by the actions of the parties. That's where proof of charges and payments apply. Yep, but not necessarily according to expressed written terms they never ask the card member to sign as being agreed between both parties.If you sign an application, you have agreed to all their terms of agreement as they can be changed from time to time.An oral contract has no express written terms.The only agreement is that you can use their card. That is a contract that can be proven by the actions of the parties. A holder of a negotiable on a cha
  15. For each agreement you contend was offered to and accepted by the defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered to and accepted by the defendant. Request for Production For each agreement, amendment to an agreement, or notice of change to the terms of the account you contend was offered to and accepted by the defendant, please produce every document that evidences such offer or