My~Cuz~n~Vinny~

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Everything posted by My~Cuz~n~Vinny~

  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
  16. but the credit card company should lose the suit anyway? http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=7827677 Defendant’s Answer contains eight (8) “affirmative” defenses. This same Answer with similar “affirmative defenses” has been filed in cases in which the defendant is “represented by a Texas law firm known as “World Law Group.” In the following Connecticut Superior Court cases, World Law Group “clients” have followed the same frivolous pleadings solely for the purpose of delaying the lawsuit. 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 There are many others. The “World Law Group” has been reported to the Statewide Grievance Committee for investigation, and it is now the subject of a complaint by the North Carolina Attorney General’s office. World Law Group is not only unlicensed in Connecticut, but it also has no obtained a license to act as a creditor adjuster with the Connecticut Department of Banking and it has no t registered to do business in Connecticut as a foreign corporation. As of January 27, 2014, “World Law Group” is the subject of a Cease and Desist Order from the Commissioner of the Department of Banking with respect to its activities in violation of Connecticut statutes, it has been fined $1,000,000.00 and it has been ordered to make re stitution to all Connecticut residents from whom it collected fees.
  17. Right on! 4. Mediation: In my state there is a bit of a problem as an oversight committee reported that the mediators were giving unfounded legal advice to people that chose to mediate.As soon as I read the report I had the courts accept my decision to opt out of mediation. Like you sad ...the mediator just let it happen. Total cost? $212.32. Mediation + Cost of certified letter response. And a little wiser aye!! I like creditinfo too. Lots of nice folks here from all around the USA who are very helpful! Congrats are in order MyOwnLawyer!
  18. Thanks Clydesmom! Legally ...should the party applying for credit card, be advised ,via a disclaimer from the creditor, of the importance of consulting a licensed legal professional before executing the agreement ? This so even the simplest the consumer could fully understand the agreement?
  19. Sorry I rephrased it. Verbal Contracts via a phone call vs. contract online
  20. What is in a verbal contract? Do CC companies ever discuss full contract language on the phone? If you called after you get your first card and tell them you are making a contract counter offer. What does the court have to go on in a verbal exchange over private phone contract negations? I found this contract online under TERMS AND CONDITIONS NOTICE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF. COPYRIGHT © CITIGROUP 2014. ALL RIGHTS RESERVED. Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Citigroup unless otherwise indicated. TRADEMARKS CITI, CITI and Arc Design, CITIBANK, CITIGROUP, CITICORP and CITI NEVER SLEEPS are trademarks and service marks of Citigroup Inc. and Citibank, N.A. and are used and registered throughout the world. The Blue Wave design is trade dress of Citigroup and is used throughout the world. Citibank, N.A., Citigroup Inc. and their subsidiaries also claim rights in certain other trademarks and service marks contained in these web pages. USE OF INFORMATION AND MATERIALS The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Citigroup's web sites and systems including but not limited to unauthorized entry into Citigroup's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Citigroup and/or its affiliates. Investment services are not bank deposits or insured by the FDIC or other entity, and are subject to investment risks, including possible loss of principal amount invested. LINKS THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF CITIGROUP). CITIGROUP HEREBY DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEB SITE. BY CREATING A LINK TO A THIRD PARTY WEB SITE, CITIGROUP DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR IS CITIGROUP LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF CITIGROUP AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE CITIGROUP SITE. NO WARRANTY. THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". CITIGROUP DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. LIMITATION OF LIABILITY. IN NO EVENT WILL CITIGROUP BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CITIGROUP, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. SUBMISSIONS. All information submitted to Citigroup via this site shall be deemed and remain the property of Citigroup and Citigroup shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides Citigroup through this site. Citigroup shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Citigroup entity having the direct customer relationship or as otherwise specifically agreed or required by law. AVAILABILITY This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. ADDITIONAL TERMS Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
  21. Florida Rules Decisions Reporter | Coverage of cases related to the ... floridacivpro.com/reporter/‎ by Brian Willis - in 61 Google+ circles 5 days ago - In this residential foreclosure case, the trial court dismissed an amended complaint whose verification was signed by a person on behalf of “Wells Fargo Bank, ... Florida Rule of Civil Procedure 1.420(e) allows the court to… ... For instance, in one recent case in Miami-Dade, it took the Clerk of Court 12 days ... False Affidavits in Foreclosures: What the Robo-Signing Mess ... www.nolo.com › ... › Abuses by the Mortgage Industry‎ The robo-signing scandal is an opportunity for homeowners to challenge ... JP Morgan Chase, Wells Fargo, and GMAC have all testified that they signed many ... Banks Pay Big for Robo-Signing…Again - CNBC.com www.cnbc.com/id/100359672‎ by Diana Olick - in 91 Google+ circles Jan 7, 2013 - Banks Pay Big for Robo-Signing… ... The banks, including Bank of America, Citibank, JPMorgan Chase and Wells Fargo, will make $3.5 billion ... Deposition Offers Evidence of Wells Fargo 'Robo-Signing' - WSJ.com online.wsj.com/.../SB1000142405274870436150457555219279074834...‎ A Wells Fargo mortgage-servicing employee in Florida said that she signed "hundreds" of foreclosure affidavits a day without verifying the documents' ... U.S. breaks down $9.3 bln robo-signing settlement - MarketWatch www.marketwatch.com/.../us-breaks-down-93-bln-robo-signing-settleme...‎ Feb 28, 2013 - U.S. breaks down $9.3 bln robo-signing settlement. Largest fine hits B. of A., which must ... Wells Fargo & Co. (NYSE:WFC) will pay $766 million ...
  22. Hey ya Stratocoaster ! What were the questions and responses to your summons? If it is a creditcard they were already paid according to the agreement they never sent and have not proved they did,and have no specifics on any dates they were sent. Didn't you send THEM an agreement that stated if THEY did not give you a written agreement dated and signed by THEM that there was no terms of agreement? Didn't you send this information periodically in the normal course of payments? You have always paid them right? So it is accord and satisfaction. You have no outstanding debt. There were no terms in some phone solicitation , nor when they sent you a teaser package in the mail,that you never asked them to send in the first place.They were always paid. And they have no PROOF that they weren't. Now if they can show the COURT....not the judge specifically.. that you had a history of late payments before it was paid the last time, then they could show good cause that they weren't paid their final billing. Since you have always paid your bills they are in error. Either by incompetence or attempted hacking and or virus issues. What is the genuineness of Wells Fargo records retention. Most Big Banks use ( Encrypted File Systems) for the genuiness of their records. A discover question can be raised to the plaintiff about the accuracy of their records. Were there any security breaches on the account? Or any time at Wells Fargo during the time period? Are the records maintained by the plaintiffs witness, ....was the witness granted Administrator Privileges to the computer record in this account.? They object..? Hey ...you wanna know if their records are correct.Only an employee with Administrator computer privileges my make changes to or remove erroneous information for this particular account. Does the plaintiff employ a records retention manager certified as havung Administrator Privileges? Was the witness certified with current EFS programs involving data recovery and storage removal if data was stored on another disk in the record retention department and transfers there of? EFS advantages and disadvantages EFS technology makes it so that files encrypted by one user cannot be opened by another user if the latter does not possess appropriate permissions. After encryption is activated, the file remains encrypted in any storage location on the disk, regardless of where it is moved. Encryption is can be used on any files, including executables. The user with permission to decrypt a file is able to work with the file like with any other, without experiencing any restrictions or difficulties. Meanwhile, other users receive a restricted access notification when they attempt to access the EFS encrypted file. This approach is definitely very convenient. The user gets the opportunity to reliably and quickly (using standard means) limit access to confidential information for other household members or colleagues who also use the computer. EFS seems like an all-around winning tool, but this is not the case. Data encrypted using this technology can be entirely lost, for example during operating system reinstallation. We should remember that the files on disk are encrypted using the FEK (File Encryption Key), which is stored in their attributes. FEK is encrypted using the master key, which in turn is encrypted using the respective keys of the system users with access to the file. The user keys themselves are encrypted with the users’ password hashes, and the password hashes use the SYSKEY security feature. This chain of encryption, according to EFS developers, should reliably protect data, but in practice, as explained below, the protection can be ultimately reduced to the good old login-password combination. Thanks to this encryption chain, if the password is lost or reset, or if the operating system fails or is reinstalled, it becomes impossible to gain access to the EFS-encrypted files on the drive. In fact, access can be lost irreversibly. Regular users do not fully understand how EFS works and often pay for it when they lose their data. Microsoft has issued EFS documentation that explains how it works and the main issues that may be encountered when encrypting, but these are difficult for regular users to understand, and few read the documentation before starting to work. 4 Data can be lost for good Let’s figure out in what situations can EFS-encrypted data can be lost. How dangerous can a situation be? We’ll take it from the top. How can one lose access to EFS-encrypted data? Almost all of us have encountered a situation where it was necessary to fully reinstall Windows. This may have been due to the operating system’s functioning being disrupted by software failure, a virus attack, or a mistake made by an inexperienced user, the system password for a user account was lost or a user profile was deleted. In this case, all encrypted data in the old configuration would most likely be lost. Consider the following typical scenarios in detail: 1. The system is not booting due a component having been replaced or failed or due to operating system failure. For example, the motherboard is out of order, the boot sector is damaged, system files are corrupted, some “half-baked” updates or a different unstable piece of software was installed. In this case, the hard drive can be connected to a different computer and the data can be read off it, but if it is EFS encrypted, this would not work. 2. The system administrator at the company or the user has reset the user password. In this case, access to EFS-encrypted data would also be lost. 3. The user profile was deleted. In this case, the files (and the user keys) may still be on the disk, but the system cannot see them, even if the user is recreated with the same name, a different ID will be assigned to the account, which is used in the encryption process. In this situation, access to the data encrypted using EFS will also be lost. 4. The user is migrated to a different domain (is authenticated through a different server). If the user encryption keys were stored on the server at the times of the migration (usually this is the case), then an unprofessional migration can result in the loss of access to the EFS- encrypted data. 5. System reinstallation. In this case, access to EFS-encrypted data would naturally be lost. If a backup copy of the entire system disk is made at the time, or at least of the user profile (“Documents and Settings”), then access could be restored with the use of special software, but only if the keys are not damaged. It is fairly common for the system itself to be stored on one disk, while encrypted files are stored on a different disk. When the administrator reinstalls the operating system, usually a backup of just the disk with the data is made and then the system is reinstalled. Obviously, in this case the keys are lost and with them goes the access to encrypted data. It should be said that there is a straightforward way to avoid this situation, if before using EFS the EFS Recovery Agent is set up, but this, just like the workings of EFS in general, are too complicated for the average user, as demonstrated below. 5 What is the EFS Recovery Agent? The EFS Recovery Agent is a user with permission to decrypt data, encrypted by another user, if the latter lost the encryption certificate keys or if the user’s account was deleted, but the encrypted data is needed. As a rule, the Recovery Agent is the Administrator, but it can also be a different user. There can be multiple Recovery Agents. In order to assign Recovery Agent permissions to a user, first Recovery Agent certificates need to be created using the command “Cipher /R: filename”, where “filename” is the path and name of the created certificates without the extension. After this, the user will be asked to enter a password to protect the private key and to confirm it (the password is not displayed in the console on entry). Then two files are created with the specified name: *.cer and *.pfx. These contain the public and private certificate keys, respectively. Now the certificate must be added to the user’s personal storage, specified by the Recovery Agent (this step can be skipped, then the Recovery Agent can do it later, when the recovery functions need to be used) importing the file *.pfx (double-click on the file icon to launch the certificate import wizard). Here, the administrator had to open the “Local Security Settings” snap-in (Start - Run - secpol.msc), select “Public Key Policy - EFS” and in the menu “Action” select “Add Data Recovery Agent.” The “Add Recovery Agent Wizard,” will open, and on the second page one must click on “View folders” and select the *.cer file created earlier. In order to restore access to the encrypted files after system reinstallation or after a private key had been lost, the Recovery Agents’ private keys must be kept in a secure location or (if they are not assigned), the private keys of all users using EFS, by exporting them from the “Private” depository of the “Certificates” snap-in (certmgr.msc). In Windows Vista, there is finally a way to store the keys on a smart card, which is much more reliable in terms of security. It is clear that this kind of safety measure with the use of the EFS Recovery Agent contradicts its intended principle of simplicity and requires non-trivial, from the average user’s point of view, though routine for an administrator, actions and manipulations. It is no surprise that few use it. It should be noted that if the administrator tried to reset the account password for a local user, the user will lose all private certificates and with them the access to EFS-encrypted files (a corresponding warning will appear when this action is attempted). The same will happen if the local administrator, using special means, tried to force a password change (i.e., without entering the old password). Consequently, the risk of losing the most important data, encrypted using EFS technology, when there is a system failure or due to an administrator/user error, is rather high and must always be taken into consideration.
  23. Should I ask the Plaintiff to furnish all revisions of the agreement since the account was opened until the apparent default? Yeah. Exactly rookie. Only I would ask for a specific date of any amendment on the account.. I never saw this agreement with contractual language.Nor any agreement for that matter. I'll bet their home state does not allow the export of any thing but interest. Let alone an imaginary agreements with language about their State law on exportation of contract. All there is , is a verbal agreement to pay. Do they have the recording of the verbal legal language stated by the employee when the subject account was opened? What did the language say? You never got to view it. You have no outstanding debt. Nor did you incur any.