Slappy

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About Slappy

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    Arizona
  1. Beergogles! thanks. that gives me a great foundation to start my own. Is there any chance the judge responds to this request, the same as my last motion with, "Motion is denied. The affidavit is not evidence but only an attachment to complaint." when I ask: "The Defendants pray the Plaintiff’s Affidavit be precluded from the evidence in the above action"
  2. Haha, good stuff. I'm very motivated to fight them every step of the way and put in the time necessary to research. However it's nice to have somewhere to go for advice when I read differing opinions. I really appreciate this board and how helpful everyone here is. I've been on here A LOT since I was served. I hope to win my case and be a resource for others on this board and in my life. I was someone that knew nothing about consumer credit and I have already helped some friends get things removed from their credit reports and plan to continue to do so. I think the way these JDB's are permitt
  3. 1. Who is the named plaintiff in the suit? Asset Acceptance, LLC 2. What is the name of the law firm handling the suit? a law firm 3. How much are you being sued for? 7k 4. Who is the original creditor? B of A 5. How do you know you are being sued? served 6. How were you served? in person 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? First thing I heard was the summons. Never heard of asset acceptance before this. 9. What state and county do you live in? Arizona, Pima 10. When is
  4. Ok that makes sense. How can I best fight this MSJ then? Should I file my own sworn affidavit? I have read differing advice on filing one and have held off but at this point it seems like I should have something on file so they cannot claim "there is no genuine issue of material fact in this case and the plaintiff is entitled to the entry of judgement as a matter of law"?
  5. Hello all, I have been researching my case a lot and with much help from people on here have filed a motion to strike the generic affidavit of account included in asset acceptances initial complaint against me. I wrote out the motion and then a reply after the prosecutions attorney filed their objection. The judge recently denied my motion. Here is what he wrote: "Motion is denied. The affidavit is not evidence but only an attachment to complaint." That is all the prosecution has provided in terms of evidence and then a couple days later I get hit with a motion for summary judgement. Can som
  6. Ok, answers have been filed. I took the advice you gave me there coltsfan and legaleagle.. Now I have the disclosure form and I was hoping for some more advice...Not sure what I need to put here because I did not list any affirmative defenses in my answer, kept it simple, and I have no evidence to present as part of the record...Please help...How should I fill out the following? the form reads like this: 1. Factual basis for each claim/defense: 2. A description of the damages and copies of any exhibits that show how you calculated the dollar value of the damages. Bring a copy of these document
  7. Thats what I thought too Legaleagle, How to I go about making them show what money I got from them? I plan on sending a settlement offer to the lawyer when I send my answer. Just stating I am going to use this money to defend myself from these false accusations, however in the interest of saving both parties time I offer $500 to settle. This is not an admission of guilt. I figure I'll send a copy of a cashiers check and tell them that this is pending them dropping the case and removing this from my record, I'd want that in writing before I pay too. Is this a good idea? Also I'm in the same boa
  8. I cannot begin to say how awesome it is to have some help with this. Thank you all. As far as the FDCPA, I have begun to look it over. Since my first contact or knowledge of Asset was the summons I'm not sure there are any violations I can find. Perhaps that I was not notified they were claiming a debt with me until getting a summons? Could they just say they sent me mail? The affidavit they sent signed by an asset employee just has very vague statements about her being familiar with the method by which asset creates and maintains its business records and that I defaulted on my debt with Bof
  9. I am looking at the state website to file an aswer online. It does not let me go into much detail but provides a structured form for me to fill out. I am unsure on two parts before I file it, Do I wan't to file a counter-suit? It has to be done with the answer. I have no idea what I wold claim but have read a bit about counter-suits, wanted to see if it was a good idea... The other part I'm not sure about is how to respond to this box: Use this space to explain why you believe the plaintiffs should not be entitled to judgment: * I don't know what is appropriate here. Again thanks so much to a
  10. I've just been served. (guy came to door asked if "Slappy" lives here, I said no. He then left papers with me...I guess that's a good serve?) It says asset Acceptance is suing me over a credit card with bank of America. Looks like they bought the debt. Please help. I was laid off several years ago, have had no income. Could not get anything but a fast food job. Do not have a degree, worked my way up at a company before being laid off, then found out those qualifications will not help me get a job in this market. Went back to school, just started doing well, a year until I get a degree, living