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About brody445

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  1. I have been getting pounded by a major JDB for a few months now - telephone calls, robo-calls, and text messages - up to 4-5 a day. They are calling for debt for that does NOT belong to me. Seriously, and I mean it, actually, truly, seriously, it is not mine - or anyone I've ever known, or am or have ever been related to. The party (debtor) they are seeking is the previous cellular phone number holder prior to me from over 10 years ago! I'm wondering if I can sue, even though I am not the debtor have absolutely no link to the debtor. I guess my concern is standing - Would the FDCPA p
  2. Just trying to sort out a game plan here - I've got 2 collections reporting by a collection agency on *only* my EQ report, the original trade lines have fallen of all 3 reports due to expiration of SOL for reporting, and the collections are also off of Experian and TU. The issue is that my Mortgage broker cannot approve me for a mortgage with the two collections remaining on my EQ report. The unpinning TLs with the OC *are past the FCRA reporting SOL of 7 years* and I have solid documentation regarding this. Again, the original TLs from the original creditors are ALL gone, from every repor
  3. Hi, In preparing for my upcoming trial - I'm wondering if anyone might be able to provide each of the elements the Plaintiff would be required to prove to prevail in the their action? For example, I see standing a lot in the treads I've read here. I assume this is just one element. I would also assume that it is composed of things like plaintiff must prove they own the debt. (I have no idea this is even right) I would guess there are other things such as amount, etc. Can anyone help out with a general list? I'd like to use it as an outline to organize my defense. Thanks!
  4. I'm currently in my answer period after receiving the plaintiffs BoP - JDB attempting to collect an alleged "Chace" debt. (the J P type...) Among other things in their BoP was a 5 page Chace cardmember agreement with "2009" hand written on it. It does have Arb language in it, although I haven't had a chance to read it closely yet. (did read it enough to see that the choices are NAF and AAA) My question, is it too late to consider Arb? Anyone know whether there are any specific factors to consider in Virgin-ia? I don't want to get into the merits of their case, other than to say that I'm m
  5. Oh, forgot one of my questions. Say that for the sake of argument everyone admits that the actual printing DID take place once account was in JDBs hands - does that matter in relation to the info contained on the statements, which is dated? -Brody
  6. This is a GREAT thread! I've been wondering the same things myself - the alleged statements seem like the most damaging form of evidence to me - although I'm just starting out (just recently sued) so have no real experience. Anyhow, one thing I came across on the web, don't recall the state, but the logic might be universal, is that to sneak in under the business record exemption, the statements have to be produced as part of "normal" business operations. This article (or post) made the point that these "facsimile" statements, presumably printed AFTER the case has already been initiated ha
  7. Hi LegalEagle, yes - I have been sued. This is my first go-around. I've been slowly dipping my toe into the waters around here, along with several late nights up reading through VA state code and the RoP. I've been nervous to post too much thus far as I'm concerned about identifying myself and/or tactics to the plaintiff should they be smart enough to do research of their own. Now that I at least have their BoP I'm loosening up a bit and expect to slowly ease into full disclosure. My hope in the end would be that since there is so little info on VA that my process (as in going through thi
  8. Would anyone know of what might dictate what would be required to be shown as proof to win a suit on an open account? I've found some references in the Rules of Procedure that specify the following for written contracts: "When a suit is brought on a written contract, note or other instrument, the original document shall be tendered to the court for entry of judgment thereon unless the production of the original is excused by the court for good cause or by statute." But can't find anything on open accounts. Thanks, Brody
  9. In reviewing the BoP I received from the JDB attorney, I noted that the last numbered item states: "the plaintiff reserves the right to supplement their Bill of Particulars." Now, as I understand it, I have to respond/"answer" each of their number claims in my Grounds of Defense. I get that for the other number items, such as "Plaintiff claims XXX amount owed." For the one related to "the plaintiff reserves the right to supplement their Bill of Particulars" I would obviously like to block this if it is my prerogative. It seems like a cheap way for the JDB attorney to at the last minute throw
  10. I'm new to the whole situation having just recently been served and been to the return date where I requested a BoP. I've come across the info below during my research - I'm not sure if it will be a help to you or not. The first part is more for general "trivia" knowledge If you take a look at the Wikipedia page related to the "Bill of Particulars" it is interesting that the author notes that: "The bill of particulars was abolished in nearly all U.S. court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficient
  11. I'm just starting out and working on addresses presently. I disputed 2 addresses online with Experian. Less than a day later they came back as “verified.” I called their 1-800 number and re-disputed both. One is the current address of my Ex and I've never even lived close to the location! Anyhow, they stated that both addresses were being reported by collections agencies and therefore they could not delete them – that they (EXP) was reporting “valid” information as furnished to them by collectors. The EXP phone rep stated I needed to contact the CA to have them STOP reporting the inaccur