4ever

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About 4ever

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  1. Thanks, I will try again tomorrow. I will check the court website each day from now on too so that I don't miss the date. What else should I be doing since the letter says I only have ten days?
  2. No, I did not have a joint bank account with him. My bank was different from his too but I do think that he might have made the last payment from my account (maybe over the phone) because of the amount. Every payment he made was for $30 and they bounced. The final payment before he was arrested was several hundred dollars so it makes me wonder if it came from my account because it did not bounce and I know now that he never had any money in his account. My bank was taken over in 2010 but I was told that the new bank does not have records for the old one (many on here think that is incorrect but I don't know where else to go when managers at two different branches say otherwise). I was told I could not file a police report because we were legally married and you cannot be arrested for financial transaction fraud against your spouse. The police couldn't even get my stuff back from the pawn shop; I had to buy it back (every thing else he pawned was returned to their rightful owners). I know it is convoluted but I would prefer to find another angle unless there really isn't anything else to work with.
  3. My ex's bank went under, was bought out I think but second bank is no longer in existence either (but I was never a signer on his account so can't get the records either) Also, were you a joint cardholder? Or were you merely an authorized user? I had an account but my ex was not an authorized user; he forged a bunch of convenience checks on the account (that is the only activity on the statements and it says right on the line description that he wrote them) . I knew nothing about the fraud because he was intercepting the mail and I didn't know til ex was arrested for committing financial transaction fraud/larceny and sent to prison. I explained it all to Chase and was told there would be an investigation and they would close the account and contact me if they needed anything else. Heard nothing from them for almost three years (when I got sued).
  4. Thanks for the fast response BV80. Will I be given advance notice of the hearing? I feel completely lost again which was probably their plan in letting so much time elapse. If I really only have ten days, I am swamped with work and don't even know where to start. Midland provided a purported bill of sale with blacked out information and below are the answers that they provided to Defendant's First Request for POD: Thanks for the fast response, BV80. Willl I really have to go to court in ten days? Will the court notify me of the time? Below are the responses they provided to Defendant's First Request for POD: 1. ALL documents evidencing any communication between Plaintiff and Defendant in connection with the Agreement described in Plaintiff’s Petition, including letters and correspondence. Response 1 Any and all documents in response to this request and available to Plaintiff's counsel are attached to its Request for Admissions dated xx/xx/2012. If additional documentation becomes available, it will be provided to Defendant through discovery. 2. The alleged credit application bearing the defendant’s signature; Response 2 Any and all documents in response to this request and available to Plaintiff's counsel are attached to its Request for Admissions dated xx/xx/2012. If additional documentation becomes available, it will be provided to Defendant through discovery. 3. The alleged credit agreement that states interest rate, grace period, terms of repayment, et cetera; Response 3 Any and all documents in response to this request and available to Plaintiff's counsel are attached to its Request for Admissions dated xx/xx/2012. If additional documentation becomes available, it will be provided to Defendant through discovery. 4. Itemized statements or credit card statements that demonstrate how the alleged amount owed was calculated, including copies of any convenience check(s) allegedly written on the account; Response 4 This account was opened on xx/xx/xxxx with Chase Bank USA, N.A. The last payment made on the account was xx/xx/xxxx and the account was charged off xx/xx/xxxx. The account was assigned to Plaintiff on xx/xx/xxxx. The account number is xxxxxxxxxxxxxxxx. Additional documentation verifying the debt is attached to the Plaintiff’s Request for Admissions dated xx/xx/xxxx. 5. A contract, agreement, assignment, or other means demonstrating that Midland Funding LLC had the authority and capacity, and was legally entitled to collect on the alleged debt; Response 5 Plaintiff objects to this request on the basis that it attempts to mislead the Court. Plaintiff will show that pursuant to S.C. Code 33-15-101( (8), it is not required to obtain a certificate of authority from the South Carolina Secretary of State to conduct business in the state because it is only attempting to collect a debt. Subject to this objection, any and all documents in response to this request and available to Plaintiff’s counsel are attached. If additional documents become available, it will be provided to the Defendant through discovery. 6. Letter(s) sent to defendant by Midland Funding LLC, demonstrating an attempt to collect on the alleged debt; Response 6 Any and all documents in response to this request and available to Plaintiff's counsel are attached to its Request for Admissions dated xx/xx/2012. If additional documentation becomes available, it will be provided to Defendant through discovery. 7. 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; Response 7 Plaintiff will refer Defendant to the Affidavit attached to the Summons and Complaint. 8. Any and all further documents that you believe establish that Plaintiff had an outstanding account or debt; Response 8 Any and all documents in response to this request and available to Plaintiff's counsel are attached to its Request for Admissions dated xx/xx/2012. If additional documentation becomes available, it will be provided to Defendant through discovery. 9. Any further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability and/or responsibility to the alleged debt; Response 9 See Response 8 10. 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). Response 10 Plaintiff objects to this request on the basis that it assumes facts that are not in evidence, are speculative in nature, and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff further objects to this request on the basis that is appears to be directed to a professional association that is not a party to this action, and is therefore improper. Subject to these objections, any and all documents in response to this request and available to Plaintiff's counsel are attached to its Request for Admissions dated xx/xx/2012. If additional documentation becomes available, it will be provided to Defendant through discovery. 11. 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); Response 11 See Response 10 12. Any and all credit report(s) Plaintiff and/or Plaintiff’s attorney obtained from any credit reporting agency concerning the Defendant; Response 12 Plaintiff objects to this request on the basis that it is not relevant to this matter. See also Response 10. 13. 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; Response 13 Any and all documents in response to this request and available to Plaintiff's counsel are attached to its Request for Admissions dated xx/xx/2012. If additional documentation becomes available, it will be provided to Defendant through discovery. The Plaintiff will supplement these responses as additional information and documentation is obtained and as required by the South Carolina Rules of Civil Procedure. Then there were the following attachments; 1. A certificate of mailing 2. A purported bill of sale from Chase with the following info redacted (blacked out): date of sale, a large box after a paragraph that states that "debt described in the Final Data File, entitled (Account's Primary File Name) attached hereto and made part hereof for all purposes and another box that refers to amounts due to seller. It is the same document that I have seen attached by other posters here (I will scan and attach if anyone thinks it would be helpful). 3. A purported Closing Statement from Chase with the following redacted (blacked out): Agreement Date, File Number, Number of Accounts, Total Unpaid Balance, Purchase Price, Percentage and Wiring Instructions. 4. A letter that MCM claims was mailed to me that says it is a Notice of New Ownership and Pre-Legal Review 5. A statement of some sort from MCM that I guess they are alleging was mailed to me.
  5. This is what the letter reads, typos and all: YOU WILL PLEASE TAKE NOTICE that the Plaintiff, by and through its undersigned attorney, pursuant to Rule 37 of the South Carolina Rules of Civil Procedure, will move before the presiding Judge of the above captioned Court on the 10th day after service hereof, or as soon thereafter as counsel maybe be heard, for an order compelling the Defendant to fully and completely respond to the Plaintiff's Interrogatories, Request for Production, Request for Admissions. In support of this motion, the Plaintiff shows the following to the Court: This motion is based on the laws of the South Carolina applicable to this action and developed case law encompassing those laws and is base on the following: 1. Counsel for Plaintiff served Defendant with Interrogatories, Request for Production, Request for Admissions, and Certificates of Mailing on xxx,2012, copies of which are attached hereto and incorporate herein at Exhibit A. 2. Defendant responded to Plaintiff's Interrogatories, Request for Production, Request for Admissions, and Certificates of Mailing on xxx,2012, copies of which are attached hereto and incorporate herein at Exhibit B. 3. This is an action for collection and Plaintiff requested in discovery that the Defendant provide documentary proof of any paymentts made on the subject account. Plaintiff would show the Defendant failed to provide the information and documents requested. 4. The Defendant has failed to respond to adequately response to the Plaintiff's Interrogatories, Request for Admissions, and Request for Production. (and, yes, that is word for word, typo included) Such failure is without justification. Counsel for Plaintiff is informed and believes that the Defendant's failure to respond is willful and is a means to delay this matter further. The Defendant's action in refusing to respond to discovery severely compromises the Plaintiff's ability to prosecute this action against the Defendant and to defend against the Defendant's claims. Counsel for Plaintiff is further informed and believes that it should be award the fees and costs associated with bringing this motion.. WHEREFORE, the Plaintiff moves before this Court for an order granting the following relief: a. To compel the Defendant to fully and completely answer all outstanding discovery; b. Awarding cost to the Plaintiff for the cost associated in bringing this motion; c. For other relief as this Court may determine to be just and proper. PLEASE BE PRESENT TO DEFEND IF SO MINDED.
  6. I just looked online and UnclePorkChop had his case dismissed with prejudice on July 10, 2013. Congrats!
  7. After hearing nothing from Korn since last fall, I received a packet in the mail today with a letter that says it containing a Motion to Compet Discovery, Certificate of Mailing and Motion Slip. Then I did a quick search and see that they dismissed to two previous long-term cases so maybe they resurrected mine because they had their tails between their legs. First question I have is that there is no date on the motion, the motion is not stamped by the court and it was not signed by the attorney or anybody. Maybe that is normal but it seems odd to me. Shouldn't they provide me with a stamped copy of the motion? I will have to do a bunch more reading again because I have forgotten much of what I had gleaned last Fall about what to do next. I am going look up UnclePorkChop's thread and see if there is anything in there about how he beat them. He didn't update his thread so I went back to the courthouse and they dismissed the two cases previous outstanding cases (6/24 and 7/10) so mine is next on their list, I guess. Also, both cases that were finally dismissed with prejudice hired the same lawyer. Is that my best course of action at this juncture? I don't know what I should be doing next. I don't know where to start again now because it has been so long. They did not follow the typical pattern with me in that they never sent me a Motion to Compel Discovery. Is there a time limit that they have to file that? I answered them on back in September of 2012. Six weeks later, I sent them Defendant's First Request for Admissions and POD and they responded with non-answers. How do I respond to this after so much time has elapsed. It is almost as if they were hoping that they waited long enough, that I would move and they would win by default. Can someone point me to a few threads that would get me back in the game?
  8. Congratulations! I didn't realize that defendants have to pay a hefty appearance fee; is that true for every state? Off to google this.
  9. Thanks for explaining it to me. The Bill of Sale was blacked out so I thought it would be good to get them to admit that neither my name nor account number was referenced. I am pretty sure there isn't going to be any other documentation because the only activity was the forged checks. But time will tell... Anything else I should be doing now while I wait?
  10. I have received phone calls from JDBs about two debts that are outside the SOL in South Carolina. Neither has left a message and I haven't received anything in writing either but I can see the names of the JDBs on my credit report. Should I send them C&D letter or just wait and see if I get sued and then have it thrown out? One JDB is a law firm representing Cach Llc, the other is for a $250 debt on a store card; my ex was not authorized on either account and I explained that to both original creditors and the debt was written off but then recently sold to JDBs. Any advice? Should I be proactive or reactive? Also, debt collectors constantly call for my ex. How do I get them to stop robocalling me? Any letters that they might send to this address would be forwarded or destroyed so I don't have info beyond the numbers on my caller id box and the daily messages asking for him.
  11. Unfortunately, I mailed the request for admissions over a month ago so I can't change it now. Ironically, I received Korn's response today and they admitted #8 which I thought was a good thing. What am I missing? Law firm answered 1-6 with denials stating that they already sent the any and all documents currently in their possession. Then went on to add that "Additional documents in response to this cause of action have been requested and will be provided to Defendant upon receipt by the Plaintiff's counsel". I also specifically asked them for copies of the convenience checks (that I know were forged by an unauthorized signer). They denied 7 stating it is irrelevant to this action but then admitted that they are debt collectors and purchased the debt at issue in this case. They admitted 8 which states that the Bill of Sale from Chase to Midland "does not reference the account number of the alleged debt that is the subject to this lawsuit".
  12. I sent them a request for documents and they responded by objecting to a few points and everything else they stated that "Any and all documents in response to this request and available to Plaintiff's counsel are attached to its Request for Admissions dated xx/xx/2012. If additional documentation becomes available, it will be provided to Defendant through discovery". So I sent them a request for Admissions. They signed for my request for Admissions on November 3rd but have not responded yet. This is what I sent them: Comes now Defendant, Pro Se, pursuant to Rule 36 of the South Carolina Rules of Civil Procedure (SCRCP), Plaintiff, Midland Funding LLC, is hereby requested to admit or deny the truth of the following matters of fact within thirty (30) days after service hereof. Pursuant to Rule 36 of the South Carolina Rules of Civil Procedure, a matter will be deemed admitted unless, within thirty (30) days of service hereof, Plaintiff serves a written answer or objection to the matter on the Defendant at 9 Tucker Ridge Court, Hilton Head, SC 29926. If an objection is made, the reasons for the objections shall be stated. An answer shall specifically admit or deny the matter or set forth in detail the reasons why Plaintiff cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires Plaintiff qualify his answer or deny only a part of the matter of which an admission is requested, Plaintiff shall specify so much of it as is true and quality or deny the remainder. Plaintiff may not give lack of information or knowledge as a reason for failure to admit or deny unless Plaintiff states that they have made reasonable inquiry and that the information readily obtainable by them is insufficient to enable them to admit or deny. Admit that Plaintiff has submitted all documentation in Plaintiff's possession related to the alleged debt which is the subject of this lawsuit. Admit that Plaintiff does not have a credit application for an extension of credit bearing the Defendant’s signature. Admit that Plaintiff does not have the alleged credit agreement that states interest rate, grace period, terms of repayment, et cetera; Admit that Plaintiff did not calculate and maintain all applicable agreements from the inception of the account. Admit that Plaintiff did not originate the alleged account statement(s) submitted into evidence. Admit that Plaintiff does not have all itemized statements or credit card statements that demonstrate how the alleged amount owed was calculated, including copies of any convenience check(s) allegedly written on the account; Admit that Plaintiff purchases defaulted debts as a regular course of business. Admit that the Bill of Sale from CHASE BANK USA, N.A. –HCHASE ACCOUNTS to Plaintiff does not reference the account number of the alleged debt that is the subject of this lawsuit.
  13. Thank you for the quick response. I sent them a request for production of documents and they responded with: 1. A purported bill of sale from Chase with the following info redacted (blacked out): date of sale, a large box after a paragraph that states that "debt described in the Final Data File, entitled (Account's Primary File Name) attached hereto and made part hereof for all purposes and another box that refers to amounts due to seller. It is the same document that I have seen attached by other posters here (I will scan and attach if anyone thinks it would be helpful). 2. A purported Closing Statement from Chase with the following redacted (blacked out): Agreement Date, File Number, Number of Accounts, Total Unpaid Balance, Purchase Price, Percentage and Wiring Instructions. 3. A letter that MCM claims was mailed to me that says it is a Notice of New Ownership and Pre-Legal Review 4. A statement of some sort from MCM that I guess they are alleging was mailed to me. Then I sent them a request for admissions and they answered each question with either "Any and all documents in response to this request and available to Plaintiff's counsel are attached to its Request for Admissions dated xx/xx/2012. If additional documentation becomes available, it will be provided to Defendant through discovery either objected to it" or they objected. So BrunoTheJDBkiller suggested that I send them a request for admissions for all of the things that they did not answer/provide. Should I send them anything else or just wait?
  14. I sent the Request for Admissions from the Plaintiff over thirty days ago but haven't received a response. What should I do next? File a MTC for Admissions? Or should I just sit back and wait to hear from them? Haven't heard anything from the lawyer's office since October 16 when I received their response to my First Request for Documents. I sent my answers to their PODs, Rogs and Admissions back in September but haven't received anything else from them (from what I have seen at various SC Court websites, they usually send a MTC or file for MSJ). I keep checking the court website because I am uncomfortable that they are not following their usual cookie cutter way of practicing law. I am a little worried that they might "forget" to mail me "defendant copies" and try to do something without notifying me. Any advice on my next step?
  15. Congratulations! This forum is full of great members who are instrumental in helping us stand up and defend ourselves.