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About Gonjee

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  1. Hey Misterloon, On this particular case, the original MSJ was stricken. I believe they did not confirm the day before so it was stricken. The attorneys had at least 25 cases on that day, and at least 10 were stricken. So now they have rescheduled the MSJ for 7/13. Yes, I did file a notice of appearance with my answer originally. I am assuming the information has not changed, but unlike the first time they filed, I have received no copies or notification of the rescheduled MSJ. I always check the court website and thats how I know they have rescheduled. I'm just wondering if they are required to notify me. Any information would be appreciated. Thanks
  2. Im sorry Legal, yes, they did re-file the MSJ on 6/13. The hearing is scheduled for 7/13. In dealings with this attorneys firm, they have always sent me the copies of the papers, then filing comes right after. However, its been 1 1/2 weeks and have not received any notification of the re-filing of the MSJ. I'm just wondering if its in their right to re-file the MSJ without notifying me? If I hadn't checked the court website, I would never know of this. Thanks
  3. Well, the MSJ was stricken on 6/1. I know the attorneys were there, but had about 15 other cases going on the same morning. They have not re-filed the motion for MSJ on 7/13. However, unlike te 1st time, they have not sent me any information regarding the MSJ hearing. Only reason I know is that I check the Court website and check for any cases regarding to myself. Question: Are they required to send me copies of the MSJ they just filed or at least notify me that they re-noted the MSJ? I have 7/2 to file another response. Is there a legal issue here requiring them to notify me of the MSJ so I have ample time to respond? Any feedback is appreciated. Thanks
  4. My MSJ hearing is this coming Friday June 1 and I will be there. I know my chances of getting this denied is somewhat slim due to the amount of evidence the plaintiff has provided, but I still have a few questions. The cancelled checks they provided were from a 3rd party. (I had acquired a loan where they paid my credit cards off on 3 different occasions), so the cancelled checks do not have my name attached to it, but shown as payment to Cap1. Would this make any type of difference? They have no credit card agreement whatsoever, even though I understand that the use of the credit card acknowledges the agreement. If I can use the cancelled checks not written by me in my favor, I can still refer to Discover Bank v. Bridges, 2010. Any insight or suggestions would be helpful. Thanks
  5. No...this was originally through MBNA, then B of A bought them out. FIA is the plaintiff in this case. They have a document as evidence that FIA is the so called collection dept for B of A. The evidence they have are about 4 statements, no cancelled checks and of course, the affadavit from someone at FIA. They have already cancelled the MSJ 2 weeks ago, but I think because they had not filed and serve me the Amended Complaint. I am about to answer the Amended and send them again, my affirmative defenses along with it, followed by 2nd set of interrogatories. I have an MSJ coming up in 2 weeks thru the same attorneys, but Crap1 as the OC, and they have much more evidence to back up their Standing. Thanks for the info
  6. I have an existing thread regarding a particular case. They had amended a complaint to change from a credit card to line of credit. I was wondering if there is a different way to prepare a defense on a Line of Credit or is it pretty much the same as a credit card debt. I am about to answer the amended complaint and send a 2nd set of interrogatories shortly after, so any input is greatly appreciated. Thanks
  7. Quick question, According to the rules of procedure, it states I have 10 days to respond to the amended pleading (complaint), however the plaintiffs attorney has not filed with the court, which states they have a short time to file after the serving. Do I just Answer to the attorney, then wait for them to file the Amended Complaint before filing my Answer with the court? Any info is appreciated.
  8. Thanks BV80... Discover vs. Bridges may very well come into play here.
  9. Thanks for the replies. So should I treat this as if were starting from the beginning with the amended complaint. I can answer and assert affirmative defenses against the amended complaint? I had already sent 1st set of interrogatories and discovery requests which they somewhat answered, but some could not be answered because I referenced as credit card. If this is the case, I will Answer along with Affirmative Defenses, and follow with my Discovery again. (Would I list it as my "2nd" set of interrogatories?). I saw a good post regarding interrogatories in here regarding the affiant, and I believe I will use what applies. So no FDCPA violation and a counterclaim cannot be done! Thanks
  10. Thanks for the reply Coltfan. The reason I asked this because the original complaint, the rules are stated that you have 20 days to Answer and so forth. This was just the amended complaint itself. So If I don't answer the Amended complaint, they could motion for a default judgment.
  11. Regarding this case where the MSJ was cancelled back on 5/4, they had a motion to amend the complaint back on 4/20, which I did not show and relief was granted. (Removal of statement of not charging post judgment interest and to change from credit card to line of credit. However the amount demanded had changed). Now today, I was served thru a processor the amended complaint...nothing else. I already had the amended complaint when they send me the motion docket for amendment. Is there a reason why they would serve "just" the complaint amendment papers ? My next question is do I need to Answer to the amended complaint and file with the court now that they have served me with it? Any info is appreciated.
  12. BV80, In the Cap1 MSJ, Exhibit A is the affadavit from person at Cap1. Exhibit B is a balance transfer application (2 pgs). Has a persons name other than mine, ss#, address and their annual income with their signature.. On the 2nd page...information of a credit card, and the amount they want to have transferred to new account. It just doesn't make sense to me why they would use it as one of their Exhibits as evidence...unless to show the application itself, but with someone elses information???
  13. One more thing... The attorneys representing Cap1 were the same guys who just cancelled the MSJ this past Friday on another case representing FIA Card Svcs. I sent in my response of the MSJ just under the wire, but they had also filed a complaint amendment 1 week prior, changing it from a credit card to a line of credit (which is true) and plaintiff would not charge post-judgement interest. However, the amount of the unpaid balance in the original complaint differed than the amended complaint. (And that wasnt part of the amendment requesting relief). I was going to add that to part of my defense, since I was stating that I had not seen enough proof that the amount demaned in the lawsuit was correct. Anyhow, I know I'm going off track with my other case, but just wondering why they cancelled the MSJ. Getting back on track, working on my settlement regarding Cap1. Any suggestions or insight would be helpful.
  14. Thanks again for all the insight. My thinking is my best option is to try and get a reasonable settlement agreement, but these attorneys are not easy to work with. I'm looking at the "application" they sent me as Exhibit B, and its 2 pages. No contract greement included. It has balance transfer information with someone elses name and their signature, and the other page contains the credit card information they wanted to transfer the balances. The thing I just noticed is they blackedned out the 1st 5 digits of the SS# and most of the account# on these pages, but when they sent me the same 2 pages in my DV reply, nothing was blackened. I still don't understand why these 2 pages are included as Exhibits. Anyways, anyone have good stategies in working a settlement? I'm not even sure if they would be willing. Thanks
  15. Thanks for the replies. Right now I'm thinking of settling. The weird thing about this particular account is it was charged off in July of 2010, but I'm assuming they are still managing the account thru that time and have S & H attorneys pursuing the lawsuit against me. I had submitted my Answer back in March of 2011, and they finally filed with the court in April of this year, then a week later with the MSJ. At this time, I haven't requested for Discovery and have til 5/21 to Respond to their MSJ. My questions is, would Capital One still possibly managing this account after 2 1/2 yrs of non-payment? Anyways, this was my Affirmative Defense sent with my Answer. 1. Statute of Frauds - Attorneys have not proven that they were retained by Capital One Bank as its representative in this matter. 2. Lack of Legal Standing - Attorneys has not proven that Cap One Bank is the real party of interest. Defense demands proof of ownership specifically that the alleged account is still the legal property of Capital One Bank with all of the original creditor's rights and privileges intact. Full account number was not provided to Defendant, leaving to the Defendant to guess as to whether the account was his. 3. Unjust Enrichment - Plaintiff has failed to provide payment and charge summary to verify the amount of damages requested. 4. Unclean Hands - Plaintiff has concealed Defendants legal arbitration right to waive Plaintiff from this court venue by not producing a signed copy of the credit card agreement. My Answer pretty much denied all of their claims. Also, the charge-off amount was $3182 from July of 2010, they continue to show interest up to this day. The Complaint states I owe $3593, which I do question. Do I pursue with Discovery and Respond to the MSJ, or is settlement my best option at this point? Thanks