rob123

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About rob123

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  1. Here' the story, if anyone could help, please??? Capital One filed a civil suit against me through the District court in NM. I filed an answer for the summons with, 'requesting mediation'. The court sent me a letter stating order of referral to court-annexed arbitration, and this was in October. Then I receive another letter November 15, stating the ordered appointing arbitrator for court annexed arbitration is . Last Thursday I received a request for summary judgement from the plaintiff's attorney. I'm confused, because I'm sure the plaintiff's attorney can for file for summary judgement anytime, but not why do it now? So what happens to court annexed arbitration? How can I fight the summary judgement and continue on with the arbitration? Thank you, Rob
  2. Yes, you are correct BTO429. My apologizes for not proof reading what I type. My name is NOT on the assignment and bill of sales. But it is on the affidavit. Here's what the affidavit says: State of Delaware County of New Castle Under oath, Michael Poczynek states: 1. My name is Michael Poczynek. I am assistant vice president and assistant secretary, administrative services division of HSBC Bank Nevada, N. A. ( collectively identified in this affidavit as "HSBC"). I am over the age of eighteen and authorized to make this affidavit on its behalf. The facts stated herein are based upon my personal knowledge from my review of the account records and are true and correct. If called as a witness, I can testify competently to the facts contained herein. As part of my regular job duties, I routinely review the account records relating to HSBC accounts. 2. On or about 05/16/2011, HSBC sold the account numbered xxxxxxxxxxxxx3972 in the of my name, with a balance of. ( identified in this affidavit as the "Sold Account") by purchase and sale agreement and a bill of sale to Portfolio Recovery Associates,LLC (identified in this affidavit as the "Debt Buyer"). As part of the sale of the sold account, certain records relating to individual sold account were transferred to the debt buyer. Because of the sale of the solid account, HSBC acknowledges that debt buyer became the owner of the sold account on the date of sale. Date: 5/24/2012 signed Michael Pocznek Signed and sworn to(or affirmed) before me on 5/24/12, by Michael Poczynek
  3. My account was opened April 4, 2009? The agreement in the download you sent says August of 2009. Does this matter?
  4. Sorry for the delay. I live in New Mexico. Does anyone know where else to find New Mexico Rules and Procedures for Metropolitan Court? The Bernalillo County Metropolitan Court link is down.
  5. The agreement they sent me says May 1, 2008. HSBC is the original creditor. Portfolio bought it from HSBC. Portfolio bought it from HSBC May 23, 2011. I sent an email to you linda.
  6. I was reading and this catch my eye: If the plaintiff is the party moving for summary judgment, they only have 20 days after filing the lawsuit to do so. The defendant can move for summary judgment at any time. If the plaintiff does not make the motion in time, their claim is automatically defeated. My hearing was on May 1, 2012. Does this apply with me?
  7. They provided 2 forms that say assignment and bill of sale, also an affidavit of sale of individual account. The assignment and bill of sales does have my name or account number, but the affidavit does, this is what it says: State of Delaware County of New Castle Under oath, Michael Poczynek states: 1. My name is Michael Poczynek. I am assistant vice president and assistant secretary, administrative services division of HSBC Bank Nevada, N. A. ( collectively identified in this affidavit as "HSBC"). I am over the age of eighteen and authorized to make this affidavit on its behalf. The facts stated herein are based upon my personal knowledge from my review of the account records and are true and correct. If called as a witness, I can testify competently to the facts contained herein. As part of my regular job duties, I routinely review the account records relating to HSBC accounts. 2. On or about 05/16/2011, HSBC sold the account numbered xxxxxxxxxxxxx3972 in the of my name, with a balance of. ( identified in this affidavit as the "Sold Account") by purchase and sale agreement and a bill of sale to Portfolio Recovery Associates,LLC (identified in this affidavit as the "Debt Buyer"). As part of the sale of the sold account, certain records relating to individual sold account were transferred to the debt buyer. Because of the sale of the solid account, HSBC acknowledges that debt buyer became the owner of the sold account on the date of sale. Date: 5/24/2012 signed Michael Pocznek Signed and sworn to(or affirmed) before me on 5/24/12, by Michael Poczynek
  8. Would it be too late to file for arbitration? What about strike against the affidavit?
  9. Long story short. Went to pre trial against portfolio. The judge asked if we would consider mediation. We both agreed. At mediation, the mediator talked with both of us, and I said I wanted to see proof the the account was mine, and accurate. The attorney who was on the phone sent over emails of statements, terms and conditions, and a money order. the mediator gave me a few day to think about how I would like to proceed. I sent an offer to the mediator, and she sent the offer to the attorney. She didn't get a response. A week later, (which a is few days ago) I get a motion of summary judgement. Is it too late to file for arbitration? I know people usually do it when they get a summons, but not really knowing at that time about arbitration. If not, what about opposing the interest, fees on the debt? thanks, Rob
  10. Portfolio's attorney and I agreed to mediation. Well, I sent an offer to the mediator and she said she would contact the attorney with the offer. So, I waited for a response and then a week later she sends me an email asking how I would like to handle the case? I told her I sent her an email with an offer, and I haven't heard back. She said she didn't receive it and for me to send it again. So I did. A few days later I get in the mail a motion for summary judgement. They also sent me a affidavit of sale of individual account, assignment and bill of sale, electronic record statement from HSBC BANK, NV. I was reading I should file a motion that opposes either the material facts or how the law is applied in the summary judgment. Organizing the argument into an affidavit. I'm thinking about filing for bankruptcy, and saying screw it. Help? Rob
  11. I went to mediation today with the attorney from portfolio recovery associates. I requested to see proof the account was mine. Also, the amount was correct. He did show up to the mediation. He was on the phone. BTW it was a different attorney from who filed the suit. I guess according to the mediator, Guglielmo and associates go through attorneys pretty quickly. So he pretty hurt from the start, and emailed over some statements, a money order, and terms and condition. The mediator said she would give me until Wednesday to decide if I want to settle or file for discovery. I was also thinking requesting for admissions. To get the bill of sale. As posted by usagi555. Thank you for that. Any help or suggestions? Do you still think I a chance to win or because of the statements and money order chances are slim? Also, with that being said it was emailed and he said he could fax it because everything is electronic in their office. It's not the actually money order, or statements just copies on the computer. Do they have to have the actual money order and statements?
  12. I am very grateful your everyone's help. For the discovery and admission filing, can I do it anytime or only after the meditation?