Premitive1

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About Premitive1

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  1. <iframe src="https://docs.google.com/file/d/0B19rvvQfnjrZUUEza3N2T1BCYkU/preview" width="640" height="480"></iframe>
  2. can you address the specificity of the answer, though? should it be general, or point-to-point denial?
  3. from the florida rule book. i may as well send a response to the complaint anyway, though would prefer confirmation. I would probably go a general denial, or should i be specific? "© The Answer. In the answer a pleader shall state in short and plain terms the pleader's defenses to each claim asserted and shall admit or deny the averments on which the adverse party relies. If the defendant is without knowledge, the defendant shall so state and such statement shall operate as a denial. Denial shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part of an averment, the pleader shall specify so much of it as is true and shall deny the remainder. Unless the pleader intends in good faith to controvert all of the averments of the preceding pleading, the pleader may make denials as specific denials of designated averments or may generally deny all of the averments except such designated averments as the pleader expressly admits, but when the pleader does so intend to controvert all of its averments, including averments of the grounds upon which the court's jurisdiction depends, the pleader may do so by general denial."
  4. one further inquiry, i have not yet responded to the complaint. When am I supposed to do that? Am I supposed to do that? Did I do that at the pre-trial hearing?
  5. The pre-trial hearing was rather simple and easy going. The lawyer hired by the plaintiff pulled each defendant she was there to sue one at a time to the side and got all of them to agree to settle except me. I told her that based on the evidence presented to me in the complaint I did not feel it was in my best interest to settle, and also denied all the entire complaint outright. When we went to the judge she explained for me (which I found rude, but she didn't say anything I felt was disparaging or detrimental so I kept that to myself) that I was denying the entire complaint. The judge ordered us to voluntary mediation (not voluntary in the sense that I can choose not to go, even though I denied the complaint) in 90 days. We have 60 days from June 5 to do discovery. I'm a month late and just got around to it today. Obviously simplest thing seemed to be to get a preset from somewhere on the forum,and I'll thank Admin for their thread full of presets. Follows is the version of request for production of documents I've made. In the complaint my full account number is never stated, and what i include is the most complete version of it i can find. How should I format that? and also the references to the plaintiff. "PRODUCTION OF DOCUMENTS From Defendant to Plaintiff 1. The alleged credit application from Account Number 4191302(redacted)7146 bearing the defendant’s signature; 2. The alleged credit agreement from Account Numbers 4191302(redacted)7146 that states interest rate, grace period, terms of repayment, et cetera; 3. Itemized statements or credit card statements from Account Number 4191302(redacted)7146 that demonstrate how the alleged amount of $4494.80 was calculated; 4. A contract, agreement, assignment, or other means demonstrating that Equable Ascent Financial, LLC f/k/a Hilco Receivable, LLC had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number 4191302(redacted)7146; 5. Letter(s) sent to defendant by Equable Ascent Financial, LLC f/k/a Hilco Receivable, LLC, demonstrating an attempt to collect on the alleged debt, Account Number 4191302(redacted)7146; 6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally; 7. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account Number 4191302(redacted)7146; 8. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt; 9. Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s). 10. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s); 11. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant; 12. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or Account Number 4191302(redacted)7146; 13. The plaintiff’s Articles of Incorporation;"
  6. after consulting with some people I'm going to try to negotiate with the creditor (not the lawyer) but not sure about how to go about it, what number should I throw out? what information should I include in my plea?
  7. I am brand new to these forums. I appreciate that there are many resources available on this forum that will be of use to me, and i promise that during the course of this case I will continue reading these sources, however I would also appreciate suggestions rendered specifically for my case. There's a lot of work ahead of me, mostly at this point i'd just like some direction on what to worry about first. I've read a few articles and have some ideas, but i'm no lawyer :/ Pretrial conference set for June 5, 1. Who is the named plaintiff in the suit? Equable Ascent Financial, LLC f/k/a Hilco Receivables, LLC As asigness of Chase Bank USA, N.A (WAMU) c/o Bakkalapulo Law Firm 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Bakkalapulo Law Firm 3. How much are you being sued for? $4,494.80, plus pre-judgment interest, and costs of this suit 4. Who is the original creditor? (if not the Plaintiff) Chase 5. How do you know you are being sued? (You were served, right?) I received a Summons: notice to appear for pretrial conference 6. How were you served? (Mail, In person, Notice on door) letter served to my mother 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? The lawyer, Bakkalapulo called me various times. At the time I was unemployed, and he did warn me he would file suit 9. What state and county do you live in? Miami-County, Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2/17/2009 11. What is the SOL on the debt? 5 years 12. What is the status of your case? I do not know, and will certainly be looking in to this 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? no 15. How long do you have to respond to the suit? I don't know. I will upload the complaint shortly. 16. What evidence did they send with the summons? notification under the fair debt collection practices act 15usc1692g,as amended billing statement from Chase bank to me, dated September 2009. Account numbers are blackened, and the bottom of the page says "this statements is a fascimile" Bill of sale from Chase Bank to Hilco Receivables, dated 10/12/9 titled "exhibit 1", three pages, with only one line, including a blackened account number, my personal information, balance, charge off date, contract date, delinquency date, last paid