swing

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About swing

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  1. First, thanks for your replies. WhoCares1000, I have the original credit card account numbers, but on my credit report, the JDB's are also listed, along with their own incomplete account numbers. Since they now technically own the original accounts, I'm thinking I should list JDB's account numbers just to be sure the debts gets discharged. Bingo, Do you have any way to substantiate this? Sorry if I'm being offensive in any way (which I'm not), but I really wanted to make sure, otherwise it could cost me later. I searched extensively but couldn't come up with an answer, so your help is tr
  2. I am current in the process of filing chapter 7 in NY. In the petition form, I need to submit the full account number of each creditor accounts that I want to discharge. I got a copy of my credit report but the last 4 digits of each account are omitted, so the only way I can get them is to call each credit card company and JDB and collection agencies. I had luck with credit card companies, but the JDB/CA's refused to provide me with the info (surprise surprise..) Is there any way I can force them to comply? I really need the full account numbers otherwise I won't be able to discharge my debts
  3. Hi BV80, As stated above, the affidavit of service mentioned that deponent served: 1. by affixing a true copy to the door of said premise; 2. deponent had previously attempted to serve on 2 other occasion (with time/date listed); 3. and by mailing to the address with an envelope bearing "personal and confidential". 4. "Deponent describes the individual as follows:" ("male neighbor: Mr. Johnston", but all descriptions were blank); 5. Deponent asked indicated person whether defendant was in presently in military, and was told not. So, on their affidavit of service, they alleged that I was served
  4. Thanks for your advice, Seadragon! Do you (or anyone) know how I can answer to their Affirmation in Opposition? I searched all over the New York civil procedures but don't see anything related to this.. My OSC hearing is 6/12, so not sure what I can do within this short timeframe Do I need to file some motion, or just reply to the plaintiff is sufficient? and what would be the correct format (do I need to include any law cases to support my reply)?
  5. The affidavit of service says it was served: 1. by affixing a true copy to the door of said premise; 2. deponent had previously attempted to serve on 2 other occasion (with time/date listed); 3. and by mailing to the address with an envelope bearing "personal and confidential". 4. "Deponent describes the individual as follows:" ("male neighbor: Mr. Johnston", but all descriptions were blank); 5. Deponent asked indicated person whether defendant was in presently in military, and was told not. In the Affidavit Of Claim and Certificate of Debt, basically said: 1. "original contract of this matte
  6. I just received an Affirmation in Opposition from plaintiff attorney for JDB, which they basically opposed everything in my Order to Show Cause (they won a default judgment because I never showed up in court, but that's because I never received the summons at all, so I am trying to vacate the default judgment). Here's a summary of their opposition: (a) They claim that I don't have supported proof that I have moved from the address in which the summons was served. ( They claim that I "must present an affidavit made by a person with knowledge of the facts that indicates a meritorious defense
  7. In all seriousness, can they argue that I never subpoena the affiant?
  8. Here's the thing.. during the OSC hearing, the lawyer representing JDB slapped me with a year's worth of Chase cc monthly statements which contains the account # and amount owed... I'm not sure if the debt is mine, since it has been many years ago. Therefore, I am trying to fight them on the ground that they have no standing in this case, and trying to get their affidavits excluded as evidence based on the contradicting dates in my original post. Is this the correct strategy? If so, should I still demand to see BOS?
  9. So just to summarize, I should, through discovery, still demand plainiff JDB to provide original unredacted BOS (even though they can refuse due to privacy). If they are unable to provide such BOS, I can say that the affidavits are merely hearsay. If their response is "this is not hearsay because it's a sworn affidavit by employee of OC", I should demand such person to testify. Please correcy me if i'm wrong.. sorry but still kinda confused since i am dealing with another case and was totally caught off guard by these default judgments.
  10. Is debt validation too late even after default judgment is vacated by court? How else can I get JDB to validate that the debt is actually mine? i.e., I want to get JDB to show me my original contract with OC, etc...
  11. The default judgment against me was vacated last week, and the case has been restored to calendar. Is it possible to request discovery now that the default judgment has been vacated? My case is in New York State. Thanks.
  12. So if they do argue that they cannot show the entire list due to privacy, what can i do? I'm still confused about how I can raise the issue with the conflicting dates shown on their affidavits. Should I simply ask plaintiff on which date they bought the debt, and when they answer with one date, i tell them that this contradicts with whats on the other affidavit? Would this be enough to have the case dismissed?
  13. Thanks 1ststep. However, i am not too clear as to how requesting this would help. Could you please elaborate?
  14. First off, thanks for all your quick replies. The Affidavit of Witness of Plaintiff Debt Buyer did state the following: "Defendant's account which is the subject of this lawsuit was included in the purchase..." Plaintiff also submitted an Affidavit of Merit, which the "custodian of records" asserted that they purchased the account # and the amount owed (and it listed the actual account # and amount). In court, should I assert that, since these dates are conflicting, therefore the affidavits are invalid? Do I need to file any paper to plaintiff before my court date?
  15. What is the outcome of your case? I am in a very similar situation with LR Credit (they also gave me the Chase account "statements") and would like to see how you proceeded with your case. Thank you.