My~Cuz~n~Vinny~

Members
  • Content Count

    546
  • Joined

  • Last visited

  • Days Won

    1

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

My~Cuz~n~Vinny~ had the most liked content!

Community Reputation

18 Good

About My~Cuz~n~Vinny~

  • Rank
    Impressive 100+ postings

core_pfieldgroups_99

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

Profile Fields

  • Location
    Connecticut.
  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 considered a whole new loan and they want me to be co-Borrower...Not Co- signer. It is considered a joint loan although my wife applied for the loan only her self. Like last time , when I was a cosigner. So....should I keep it as cosigner for the new loan or joint borrower for the new loan to refinance mortgage? Alleged default on Credit Card was only in my name. not hers . Thanks in advance ) . I found this NOTE: If a married couple owns land jointly, all of the property (regardless of value) is exempt against debts owed by either husband or wife. (This protection does not apply to debts owed jointly by both husband and wife). If you are in this situation, you should talk to an attorney. What about non-residential real estate or mobile homes? Kentucky's residential exemption applies to any kind of residence. A mobile home is given the same exemption as residential real estate, $5,000 per person. If you own land but don’t live on it, however, the only exemption you’re allowed is the “personal property” exemption. (See information about this below). What happens if I want to sell or refinance the property? The judgment creditor’s lien may be satisfied out of the proceeds of refinance or sale. Sometimes this can be negotiated or dealt with through legal proceedings –you may wish to seek legal advice first. Thanks CCRP626 ! Co-borrowers or co-signers cannot have financial interest in the property--meaning they can't own the property or borrow with the owner. I am in CT. and mortgage is through a credit union. I just worry they could try a lien if I was a joint contract as co-borrower. Still A LITTLE FUZZY ON WHAT I JUST READ. THANKS shellieh98 Yes I knew all that when I cosigned last time. I don't mind that. I just wonder why the credit union keeps telling me that it is no problem that coborrower and cosigner are the same thing on this new loan (mortgage refinance). From what I could see is what you guys see as well, i should make it as COSIGNER. They had no problem okaying the new loan . But from what I see it should not be coborrwer on a joint loan. I mean my wife already purchased the first loan with myself only being cosigner. Now they want me to be joint loan which is making my ......spidey sense tingle LoL
  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 forgery by a plaintiffs witness, newly discovered.
  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 stated " The PLAINTIFF is making a variety of claims, mostly unrelated to the case. Since no action has commenced in this judged case, can defendant ask to vacate the prior judgement of the court? The case was not decided by a presiding judge , but an attorney that was court appointed in the case. How can one present the case for vacate judgement? Does the defendant have to notify plaintiffs atty after a year past judgement ,when filing a vacate judgement?
  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 eventually fully paid off 4 years ago. No certified mail from OC expressing any agreement date or verbal contract date.
  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 mean if the alleged breach of an oral contract was in 2010... it is 3 years for SOL? And 3 years for account stated starts on the date of the last transaction?
  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 transaction was the last purchase made on LAST_PURCHASE_DATE and the Plaintiff’s cause of action is barred as of LAST_PURCHASE_DATE. A payment in and of itself is not a transaction and no cause of action would accrue from a payment to this account. “Delaware has not adopted the proposition that a payment postpones commencement of or tolls the running of the statute of limitations.” Snavely v. AUTO. INS. CO. OF HARTFORD, CONN., 438 A. 2d 1229 - Del: Superior Court 1981. http://www.creditinfocenter.com/community/topic/315171-this-victory-is-golden-law-of-delaware-and-sol/ I appreciate any input friend......------no cause of action would or could accrue from a payment to this account-----
  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 last date of purchase was 5 years ago. 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 the last purchase. Conn. Gen. Stat. (2013) Chapter 89 0 – Judicial Districts, Geographical Areas, Civil and Criminal Venue, Filing and Designation of Court Location §51-345 . (d) Actions involving consumer transactions. In all actions involving consumer transactions, civil process shall be made returnable to the judicial district where the consumer resides or where the transaction occurred. For the purposes of this subsection, consumer transaction means a transaction in which a natural person obligates himself to pay for goods sold or leased, services rendered or moneys loaned for personal, family or household purposes.
  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 the last purchase.) ......makes sense @ ArtVandelayThank you for the links as well! Connecticut Creditor's Collection Practices Act (“CCPA”), General Statutes § 36a–645 to 36a-648 (covering creditors), was especially helpful Accord and satisfaction is my defense. I closed the account personally and paid the 5 years ago.But why do that if the SOL is an automatic gimmee!
  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 for this internationally recognized credit card In my State, verbal contracts have a statute of limitation of 3 years. 6 year limitation on written.}} .Fast forward to Summer 2014, now a different DC/Attorney firm from has dunned me. As usual I answered and asked for paper work and denied owing anything. A couple months later I get a certified mail. I could ask the Postal employee to let me see who it came from first before signing for it. Can the DC get a judgement if certified mail is returned unsigned as delivered? OHIO.....Service by certified or express mail. Evidenced by return receipt signed by any person, service of any process shall be by certified or express mail unless otherwise permitted by these rules. The clerk shall place a copy of the process and complaint or other document to be served in an envelope. The clerk shall address the envelope to the person to be served at the address set forth in the caption or at the address set forth in written instructions furnished to the clerk with instructions to forward. The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified or express mail return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. The clerk shall forthwith enter the fact of mailing on the appearance docket and make a similar entry when the return receipt is received. If the envelope is returned with an endorsement showing failure of delivery, the clerk shall forthwith notify, by mail, the attorney of record
  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 usual I answered and asked for paper work and denied owing anything. A couple months later I get a certified mail. I could ask the Postal employee to let me see who it came from first before signing for it. Can the DC get a judgement if certified mail is returned unsigned as delivered? OHIO.....Service by certified or express mail. Evidenced by return receipt signed by any person, service of any process shall be by certified or express mail unless otherwise permitted by these rules. The clerk shall place a copy of the process and complaint or other document to be served in an envelope. The clerk shall address the envelope to the person to be served at the address set forth in the caption or at the address set forth in written instructions furnished to the clerk with instructions to forward. The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified or express mail return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. The clerk shall forthwith enter the fact of mailing on the appearance docket and make a similar entry when the return receipt is received. If the envelope is returned with an endorsement showing failure of delivery, the clerk shall forthwith notify, by mail, the attorney of record
  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 indebtedness. Defendant does not own or owe any alleged indebtedness in plaintiffs several allegations and bald assertions. There exists no dated, signed delivered or received document, containing any agreement at all, with this credit card.Count two of the complaint should be dropped, as all the plaintiff alleges is a generic agreement with no date issued to the defendant No specific agreement in document exists. The generic agreement plaintiff produced says nothing of a 29- 30% interest rate. Plaintiffs account stated theory is complete hearsay . After I paid them off they kept sending me new cards ,with wordage like " Come on Back" "Valued Customer" " Your Excellent Credit Record ". I never received any demand for payment. Just their redundant offers to join them again. After a while it became like all the other junk mail I get in my mail box...it goes in the trash. I called and asked for my pay off receipt and they never responded... I am still waiting......Whom did I speak with... she said here name was Lucinda ,I could barely understand her as her English was spotty at best. I think she was was from the Philippines or some other foreign country. She said she would get it sent out to me soon, I could barely understand her...... Where did I get the money....I got it from a loan shark downtown...Why????? ...To be Honest .....his interest rate was far better than the credit card I used. Their exists no document signed, dated, certified or of registered receipt, that supports the plaintiffs allegation of indebtedness as being certified for delivery to the defendant. Production for documents For each agreement you contend was specifically 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. 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 specific offer or acceptance. For each document listed below that was alleged as delivered to the defendant, please produce all documents indicating the date the document was delivered and the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered: a. The original account agreement for the account. b. Any amendment to the agreement for the account. c. Any notice of a change in any term of the account,including but not limited to a change in the rate of interest or amount of any fee applicable to the account. d. Any schedule of interest rates or fees applicable to the account. e. Any credit card issued in connection with the account. f. Any statement of payments, charges, fees or interest for the account. Relevance and Authenticity of Generic Account Documents. Interrogatory For each document you have produced that you contend applies to the account that does not contain the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature, and that was created by someone other than you, identify the source of the document by stating the date you obtained the document and identifying the person from whom you obtained the document If the plaintiff doesn't answer your requests by claims it is overly burdensome, then tell the court you request the plaintiff revise their answers as they are pertinent to plaintiffs record keeping practices and they should be forced to comply with defendants discovery process. "Plaintiff objects on the grounds that the request is overly broad, vague, ambiguous, burdensome, and oppressive" ....as an example of their ambiguous answers. After proper evidential interrogatories, and requests for production of documentation has been asked by both sides and the plaintiff has spent time and money.....the defendant should ask to revise his or her plea to accord and satisfaction. Citibank N.A. v. Philip Ancog, Judicial Dist rict of Stamford, Docket No CV12 6012535S Discover Bank v. Thomas Mik, Judicial District of Rockville , Docket No. CV12 6004543S Discover Bank v. Vertefeuille, Judicial Di strict of New Londo n Docket No. CV12 6012298S Citibank v. Joe Watson, Judicial District of Fairfield, Docket No. CV 12 6026534S Midland Funding v. Ana Cuevas, Judicial District of Ansonia/Milford, Docket No. CV12 6009824S FIA Card Services v. Gladys Espinosa, Judicial District of Stamford , Docket No. CV 12 6014705S Citibank N.A. v. Tracy Wilkinson, Judicial Di strict of Stamford, Docket No. CV 12 6013570S Citibank N.A. v. Sharon Ormsbee, Judicial Di strict of Stamford, Docket No. CV 12 6014823S Target National Bank v. Martell, Judicial Dist rict of Middlesex, Do cket No. CV 12 6013859. Citibank v. Dayton, Judicial District of Hartford, Docket No. CV 13 6043658S
  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 been such a greenhorn I would have changed my plea after they were denied motion for summary judgement twice.As I found out all I needed to do was change my plea from... I do not owe the plaintiff anything.... to...I do not owe the plaintiff anything because of accord and satisfaction. The last thing on my court docket was request for argument for a non-arguable matter which was put on the calendar as OFF. Been 1 year and three months and the plaintiff has made no move to collect or reopen the case.. The Court can be shown their is no express agreement. Not that there was no agreement at all. As you say the courts realize the redundant and illogical conclusion that there was no agreement to pay the negotiable held by the plaintiff. Only that there were no express written agreements ,in a verbal agreement to use the plaintiffs bankcard. In my case their interrogatory were questionable. "Do you admit that attached hereto as Exhibit B is a true and correct copy of the defendant's agreement?" Plaintiff then provided no Exhibit B . Noticeably the Plaintiff had "hen scratched " lines through the question. Defendant asked Plaintiff to explain why they crossed lines on their own request for admit in his rogs request..Plaintiff's response was: " Plaintiff objects on the grounds that the request is overly broad, vague, ambiguous, burdensome, and oppressive. Further Plaintiff is under no obligation to justify the contents of a legal proceeding. "
  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 charge card says you haven't paid the negotiable they hold. There is no loan, nor debt, as the only agreement was that you use their card.If they sent you a waiver to sign an expressed agreement before they let you use the card, you could be held by the terms of said agreement. They don't want that . If I want to see the whole agreement , and find they can charge 30% interest for reasons of high debt ceiling or missed ,or late, payment, I'll guarantee I ain't gonna use their card. Nor would anyone else in their right mind. A verbal contract does not include account stated. The plaintiff usually tries to incorporate it as a second count in the complaint. The court may decide on the alleged debt ,but not the account stated, if it was indeed a verbal contract.As hearsay rule should be raised by the defendant. @ Weary Traveler After an account has been closed, is the consumer still bound by future changes to the Agreement?....It depends on the specific agreement you signed.Were there any disclaimers on the application? Or are they only bound by changes to an agreement through their "continued use" of the credit card after they have been notified in advance of these changes? Again I think It depends on the specific agreement you signed. It may have stated they may reserve the right to change terms if the account is defaulted on.
  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 acceptance. Delivery of Account Documents Interrogatory No. 7. Explain how each document containing the terms of any agreement for the account or reflecting any amount due on the account was delivered to the defendant, including but not limited to, the original account agreement, any amendment to the agreement, any notice of a change in a term of the agreement, any schedule of interest rates or fees applicable to the account, any credit card issued in connection with the account, and any statement of payments, charges, fees or interest for the account. Include in your explanation the date the document was delivered and a description of the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered. Request for Production No. 14. For each document listed below that was delivered to the defendant, please produce all documents indicating the date the document was delivered and the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered: a. The original account a greement for the account. b. Any amendment to the agreement for the account. c. Any notice of a change in any term of the account, including but not limited to a change in the rate of interest or amount of any fee applicable to the account. d. Any schedule of interest rates or fees applicable to the account. e. Any credit card issued in connection with the account. f. Any statement of payments, charges, fees or interest for the account. Relevance and Authenticity of Generic Account Documents. Interrogatory No. 11. For each document you have produced that you contend applies to the account and thatdoes not contain the defendant’s identifying information, such as the defendant’s name, social security number,account number, or signature, explain how you know the document applies to the account. Interrogatory No. 12. For each document you have produced that you contend applies to the account that does not contain the defendant’s identifying information, such as the defendant’s name, social security number, acco unt number, or signature, and that was created by someone other than you, identify the source of the document by stating the date you obtained the document and identifying the person from whom you obtained the document