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rvs494

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  1. @BV80 That is the strangest thing about this, because it is not on my credit report. Like I said earlier, there is one Citibank on my CR with a different account number and a credit limit of $1600.
  2. Thanks @BV80 I bit the bullet and contacted an attorney that I can't afford, but I'll gladly survive on ramen noodles for awhile if I can get out of paying LVNV $25,000. lol I'll be meeting with him early next week. I actually found the original bank statements that were mailed to me for the dates I referenced earlier, but I also found in storage, some old bank statements from the joint account. There is one from August 5 - September 3, 2004, showing that a check was written in the amount $80.00 on August 16, 2004, which matches the payment made on the original creditor's card statement And the other statement for August 4 - September 6, 2005, shows that a check was written for $2000.00 on August 8, 2005, which also matches a payment on the original credit card statement. So, obviously, my ex was making payments on this credit card, from our joint bank account. If it's possible to get copies of those checks showing her signature, will that help? Or does it not matter because we had a joint bank account at the time?
  3. Correct. My answers were all denials, except for my name, address and receiving mail there, although I've second guessed that since it was up to my wife at the time as to what mail I received, since she was home when the mail was delivered and I was at work, but I just didn't think that excuse would hold up anywhere.
  4. My mistake, they only go back till April 30, 2010. That must be when I switched from having a joint account with my ex, but I have 4 statements right now that don't show me making any of the payments that they're claiming I made on their account summary. Also, my paycheck is direct deposited, so if I paid them by money order or some other way, I still would have had to have taken the money out of my bank account. Right? And I did not have any credit cards at the time.
  5. @BV80 My name, last 4 of my SSN and my address at the time, are on there and I removed them before posting. Sorry, I should have put something there that mentioned it. But I am looking at old bank statements online and they do go back to 2006, just didn't think they'd be there since it was a joint account at the time. So far, there is no payment to anybody on 08/30/2010 for $88.04, and there is no payment to anybody on 07/29/2010 for $82.34. Going through the rest of them right now.
  6. I did not file it because nothing was in court yet. They did include my answer in their Exhibits.
  7. Here are most of the documents that are included with the Motion.
  8. @shellieh98 not sure how to attach the scans I made. They are in Jpeg format. Can anyone help me out?
  9. @shellieh98 Yes, I can have them scanned in in a couple hours. Have to go pick up my daughters from school and hook up my scanner.
  10. I didn't copy and paste correctly, the dates are as follows: 10/08/2013 Summons and Complaint 10/08/2013 Affidavit of Service 10/08/2013 Certificate of Representation 10/08/2013 Civil Cover Sheet 10/08/2013 Confidential Information Form 11.1 personal information 10/09/2013 Notice of Case Assignment 11/07/2013 Notice of Motion and Motion 11/07/2013 Affidavit of Plaintiff 11/07/2013 Affidavit-Other 11/07/2013 Memorandum 11/07/2013 Proposed Order or Document 11/07/2013 Affidavit of Service 12/11/2013 Motion Summary Judgment (1:30 PM) (Judicial Officer Robiner, Susan) Pulled up my credit report from Experian and Trans Union in June of this year. The only entries referring to Citibank is for a Credit Card opened 12/1998 with a limit of $1600.00, the account number does not match the one LVNV is going after me for, and it says High Balance $1597.00 $0 /paid as of 12/2004 Last payment made as of 05/10/2004. Other than that, there is no other entry by Citibank with a matching account number or anywhere near the sum of $20,998.77 that LVNV claims that I owe. Also, LVNV does not appear anywhere on my credit report. @BV80 at the time those payments were made, I had a joint bank account with my ex-wife. Am I able to go to the bank to obtain records for that time? and yes, I claimed Statute of Limitations and Standing @shellieh98 I changed it to either Deny or Defendant is without sufficiant knowledge and therefore denies.
  11. This is what is listed on the court website: 10/08/2013 Summons and Complaint 10/08/2013 Affidavit of Service 10/08/2013 Certificate of Representation 10/08/2013 Civil Cover Sheet 10/08/2013 Confidential Information Form 11.1 personal information 10/09/2013 Notice of Case Assignment 11/07/2013 Notice of Motion and Motion 11/07/2013 Affidavit of Plaintiff 11/07/2013 Affidavit-Other 11/07/2013 Memorandum 11/07/2013 Proposed Order or Document 11/07/2013 Affidavit of Service 12/11/2013 Motion Summary Judgment (1:30 PM) (Judicial Officer Robiner, Susan) The motion for Summary Judgement I received is dated October 31, 2013 and post marked November 1. The credit card statements are as follows: July 21-August 20, 2004 There are 11 charges to the card and an $80.00 payment July 21-August 19, 2005 There are 8 charges and a $2000.00 payment July 21-August 22, 2006 There is 1 finance charge and no payments April 20-May 22, 2007 There are no charges and a $100.00 "Agency Payment" Then on LVNV's account summary: 12/30/2009 Principal Payment $73.46 01/28/2010 Principal Payment $82.35 02/26/2010 Principal Payment $82.35 04/29/2010 Principal Payment $82.33 05/26/2010 Principal Payment $82.34 06/29/2010 Principal Payment $164.69 07/29/2010 Principal Payment $82.34 08/30/2010 Principal Payment $88.04 Like I said, I have no recollection of ever having this account to begin with, and I know for darn sure that I never made payments to them personally, but they are claiming that my last payment was the one on 08/30/2010.
  12. No, I never pay to credit collectors, however, at the time I was married and we had a joint account. I still don't know whether or not this was an actual account that my ex had opened, used and made payments on. I never made payments to LVNV.
  13. Searching the internet for a way to oppose the Summary Judgement that LVNV has filed against me and hoping that anyone out there can point me in the right direction. Included is the: Motion Notarized copy of Plaintiff's Affidavit in Support of Summary Judgement An account summary generated by LVNV showing that I apparently made regular payments to them between 12/30/2009 and 08/30/2010 A generic Citibank Assignment and Assumption Agreement, Bill of Sale, that does not mention me or the account. An apparenly notorized Affidavit of Transfer from Sherman Originator LLC to LVNV Funding LLC (On this copy, the notary seal cannot be seen, also the signature of this Representative Timothy Orange cannot be seen) 5 pages of some list that starts with a File Name: Sherman BK13 August Citi Final Sale File including my name, address, SSN, account, balance, last pay date, etc. 4 Credit Card statements ranging from July 2004 to May 2007 A notorized copy of Affidavit of Plaintiff's Counsel Exhibit A is my Answers to their Summons and Complaint Exhibit B is the Plaintiff's Requests for Admissions and Interrogatories and Affidavit of Service by Mail Exhibit R1 are the credit card statements again Exhibit C is my Response to Plaintiffs Requests for Admissions and Interrogatories Exhibit D is the Plaintiff's Second Requests for Admissions and Interrogatories and Affidavit of Service by Mail Exhibit E is my Response to Plaintiff's Second requests for Admission and Interrogatories Memorandum of Fact and Law Findings of Fact, Conclusions of Law and Order for Judgement and Affidavit of Service by Mail I wish I was able to consult with an attorney on this, but I can't. I'm it. Any suggestions or points in the right direction would be greatly appreciated.
  14. So am I also denying my previous address? I know it's there just to get me to admit to something. I'm just trying to think of how to put this together without them thinking that they've got something on me.
  15. The first set of Requests can be seen at this thread: http://www.creditinfocenter.com/community/topic/320851-replying-to-requests-for-admissions-and-interrogatories/ The Plaintiff is a JDB LVNV Funding The Exhibits they attached look like legit credit card statements, but I don't remember ever having this credit card. A friend of mine suggested that maybe it's a card that my exwife opened and used under my name.
  16. Just got a second set of Request for Admissions and Interrogatories in the mail today. Request for Admissions 1-8 are requesting that I admit that I resided at my previous address and received mail at my previous address: 1. Admit that in August 2004 you resided at (my preivious address) 2. Admit that in August 2004 you received mail at (my preivious address) 3-8 states the sames thing with the date changed, August 2005, August 2006, May 2007. 9. Admit that between December 2009 and August 2010 you made eight payments to Plaintiff totalling $737.90. 10. Admit that the payments referenced in Request Number 9 (above) were made on an account previously owned by Citibank. 11. Admit that the payments referenced in Request Numbers 9 and 10 (above) were made on an account with an account number ending in 7106. 12. Admit that the Account Statement attatched to the Complaint in this matter as Exhibit A accurately reflects payments made by you on the account referenced in Requests 10 and 11. Interrogatory 1. If your response to any of the Requests for Admission above was anything other than an unequivocal admission, state what you allege to be the facts for each Request denied or otherwise not fully admitted. As always, any suggestions I can take into consideration will be greatly appreciated!
  17. @racecar Are you suggesting that I list that for every answer in the Admissions? Would be response then look like: 1. Admit that you applied for and received a credit account on or about 08/07/2002 from Citibank (South Dakota), N.A. ("the Account"). After a diligent search and reasonable inquiry made by the defendant the information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. 2. Admit that you received notice when the Account was sold to the Plaintiff. After a diligent search and reasonable inquiry made by the defendant the information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. 3. Admit that you have not filled out any Affidavit of identity theft regarding this Account nor filed any police report regarding any fraudulent activity for this Account. After a diligent search and reasonable inquiry made by the defendant the information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Etc.... Or would I just put it once as my response for all? And what about number 7, asking for me to admit that Exhibit is attached? Also, BTO suggested that I put denied for number 5, which says that I received documentation of the original account number, and it is on the cc statements that they attached as their Exhibit. Obviously, I haven't faxed this to them yet, I just want to make darn sure that it's ready to go without any of my answers possibly biting me in the butt.
  18. @BTO429 I guess I'm not understanding how they failed to participate in the discovery process. The MN court rules on civil procedure that you provided a link for contains admendments that went into affect just yesterday. And also unaware of how I would file a motion to dismiss when this lawsuit has not yet been filed with the court. Sorry, I truly am a Newbie. In the meantime, I did type up all my answers and did add a couple of things I found elsewhere on the net. Should I leave it how I have it, or take them out? ADMISSIONS 1. Admit that you applied for and received a credit account on or about 08/07/2002 from Citibank (South Dakota), N.A. ("the Account"). Denied 2. Admit that you received notice when the Account was sold to the Plaintiff. Denied 3. Admit that you have not filled out any Affidavit of identity theft regarding this Account nor filed any police report regarding any fraudulent activity for this Account. Admit. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount. 4. Admit that the advances and charges made on the Account were made by you or by someone you authorized to make charges on the Account. Denied 5. Admit that you have received documentation of the Account showing the original account number was 5491130342057106. Denied 6. Admit that you received monthly statements of the Account from the original credit issuer showing the advances taken by you, charges to the Account, and payments made by you. Denied 7. Admit that you received copies of the monthly statements attached hereto as Exhibit R1. Admit. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount. 8. Admit that you did not object to the advances, charges and payments so recorded on the monthly statements you received. Denied 9. Admit that the principal balance past due and owing on the Account is $20,998.77 ("the Account Balance"). Denied. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount. 10. Admit that when applied for the Account, you agreed to pay interest or finance charges on the Account Balance every month. Denied. Plaintiff has not provided any contract that was signed by the Defendant, Plaintiff needs to provide a contract that states the alleged interest and charges. 11. Admit that you have received written demand by Plaintiff for payment of this Account before commencement of this suit. Admit. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount. 12. Admit that you have not notified Plaintiff either orally or in writing before commencement of this action of any dispute as to the Account and the Account Balance. Admit. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount. 13. Admit that you are not entitled to any credits, off-sets, or deductions. Objection. Defendant has denied owing the debt which is the subject of Plaintiff's Complaint. In addition, Plaintiff has not provided a complete accounting of the amount claimed in the Complaint. Without waiving the foregoing objections, Defendant denies. INTERROGATORIES 1 If your responses to these Requests for Admission are anything other than unequivocal admissions, state what you allege to be facts for each admission denied or not completely admitted. Statute of limitations, Plaintiff has not proved they own the debt or has standing to even bring a suit in this court. 2. State your full, correct name and any other name or nickname by which you have ever been known. My Name 3. State your current residence and business addresses. Defendant objects in part to Interrogatory No. 3 with regard to the portion asking for business addresses in that it is irrelevant to whether or not he is indebted to Plaintiff. Subject to Defendant's objection, Defendant resides at My Address. 4. State the name, nature, duration, and place of each employment or occupation which you had during the two years prior to this date. Objection; irrelevant, not likely to lead to the discovery of any evidence that can be used by the Plaintiff 5. State the trade name or assumed name under which you have done business within the past two years and the complete address of each place where business was conducted. Objection; irrelevant, not likely to lead to the discovery of any evidence that can be used by the Plaintiff 6. If you assert that the claim herein is the obligation of anyone other than yourself, state the name and present address of each person and all of the facts which support your position, including your relationship to such other person or persons. None 7. State fully, completely, and at length the factual basis for each and every defense which you now assert or will assert into action. Statute of limitations, Plaintiff has not proved they own the debt or has standing to even bring a suit in this court. Defendant retains the right to amend these defenses as evidence becomes available. 8. State the name, occupation, business address and telephone number, and residence address and telephone number of each witness you expect to call at trial of this action, together with a summary of the matters to be testified to by each witness. None 9. Attach to your answers to these Interrogatories a copy of each and every document, writing, paper or letter which you intend to use as a basis of defense in this action which you expect to offer into evidence upon a trial of this action. If you will not so produce without a Request for Production, then state at length and verbatim the contents of each and every such document, writing, paper, or letter. Defendant does not have any such document, and cannot find any such document after a reasonable search, but reserves the right to introduce documents as allowed by law. Hoping to fax this off sometime this afternoon, just want to make sure that it's ready to go. Thanks to everyone who replied. All great advice.
  19. Yeah, I just found that the admendment doesn't go into effect until July 1st, darn. Apparently, the practice of waiting over a year after commencement was fairly common and that's why it's being amended. Thank you so much for the imput and will take them all into consideration when typing up my answer.
  20. Wish I hadn't misplaced the Summons and Compliant they served me (stupid, I know) but it would have been about 30 days prior to June 27, 2012. So what's my next step? Do I still send a reply to the Admissions and Interrogatories?
  21. I sent my answers to the Complaint and Summons on June 27, 2012 and the Admissions and Interrogatories are dated May 16, 2013. So I guess that makes it less than a year. I am over the 30 days to reply to Admissions and Interrogatories because I was out of town, but received a letter from them on June 24, 2013 stating that, "If you fail to provide those answers in writing within 10 days of the date of this letter, a motion for judgment will be made using the admitted Requests." Not sure of why I have an extra 10 days
  22. Yes, this is the same one as a year ago. They have not filed with the court and there is no Court File number on anything they sent. I did deny having this account when I answered this complaint. And the credit card statements they provided do have charges from places I have been, there is one payment on there from 5/02/2007, listed as "agency payment"
  23. My answers to interrogatories 7, 8 and 9 so far. Would like some insight on any of this. 7. Last payment activity as shown in papers provided by Plaintiff, state the date of 5/02/2007, which is outside the Minnesota 6 year Statute of Limitations. Neither Citibank nor LVNV Funding are on any of the Defendant’s credit reports from Experian, Equifax and Trans Union. Plaintiff did not provide an original credit card agreement or any papers containing the Defendant’s signature. 8. Object. Unduly burdensome, oppressive, and irrelevant 9. Credit reports from all 3 previously mentioned in #7 credit reporting agencies
  24. Tried posting to an old thread with zero replies. I received great advice here before that kept LVNV off my back for a year. Now they're back with a Request for Admissions and interrogatories. This is what I have so far, but there are a few that I'm just at a loss as to how to answer them. REQUEST FOR ADMISSION 1. Admit that you applied for and received a credit account on or about 08/07/2002 from Citibank (South Dakota), N.A. ("the Account"). Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof. 2. Admit that you received notice when the Account was sold to the Plaintiff. Deny 3. Admit that you have not filled out any Affidavit of identity theft regarding this Account nor filed any police report regarding any fraudulent activity for this Account. Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof. 4. Admit that the advances and charges made on the Account were made by you or by someone you authorized to make charges on the Account. Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof. 5. Admit that you have received documentation of the Account showing the original account number was xxxxxxxxxxxx7106 (The entire number is on the paper work here.) Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof. 6. Admit that you received monthly statements of the Account from the original credit issuer showing the advances taken by you, charges to the Account, and payments made by you. Deny 7. Admit that you received copies of the monthly statements attached hereto as Exhibit R1. Admit. Copies are attached 8. Admit that you did not object to the advances, charges and payments so recorded on the monthly statements you received. Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof. 9. Admit that the principal balance past due and owing on the Account is $20,998.77 ("the Account Balance"). Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof. 10. Admit that when applied for the Account, you agreed to pay interest or finance charges on the Account Balance every month. Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof. 11. Admit that you have received written demand by Plaintiff for payment of this Account before commencement of this suit. Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof. 12. Admit that you have not notified Plaintiff either orally or in writing before commencement of this action of any dispute as to the Account and the Account Balance. Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof. 13. Admit that you are not entitled to any credits, off-sets, or deductions. Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof. 14. Admit that there are no documents, writings, letters, records, or papers of any sort which you intend to use as evidence of or a basis for any defense in this action. Deny INTERROGATORIES 1 If your responses to these Requests for Admission are anything other than unequivocal admissions, state what you allege to be facts for each admission denied or not completely admitted. Statute of limitations 2. State your full, correct name and any other name or nickname by which you have ever been known. Object. Requests materials that should already be in the possession of the plaintiff. 3. State your current residence and business addresses. Object. Requests materials that should already be in the possession of the plaintiff. 4. State the name, nature, duration, and place of each employment or occupation which you had during the two years prior to this date. Objected to on the grounds that it calls for legal conclusion 5. State the trade name or assumed name under which you have done business within the past two years and the complete address of each place where business was conducted. Objected to on the grounds that it calls for legal conclusion 6. If you assert that the claim herein is the obligation of anyone other than yourself, state the name and present address of each person and all of the facts which support your position, including your relationship to such other person or persons. Object. Unduly burdensome, oppressive, and irrelevant. 7. State fully, completely, and at length the factual basis for each and every defense which you now assert or will assert into action. 8. State the name, occupation, business address and telephone number, and residence address and telephone number of each witness you expect to call at trial of this action, together with a summary of the matters to be testified to by each witness. 9. Attach to your answers to these Interrogatories a copy of each and every document, writing, paper or letter which you intend to use as a basis of defense in this action which you expect to offer into evidence upon a trial of this action. If you will not so produce without a Request for Production, then state at length and verbatim the contents of each and every such document, writing, paper, or letter. Not sure how to answer 1, 7, 8 and 9. Thought this may have been an old credit card that my ex racked up, but after talking to her, I'm not sure what this is. The copies of credit card statements, which include my name and previous address, say that it's an AT&T Universal Mastercard, and I don't remember even having one of those. Also, none of my credit reports mention Citibank or LVNV Funding. However, there is a mention of Citi on Credit Karma, showing an account opened December of 1998, last updated December 2004, a credit limit of $1,600.00 and a $0 balance. Any insight on how to answer those interrogatories or if I should word something else differently, would be GREATLY appreciated. Thank you all in advance!
  25. Also wanted to mention that yesterday I received a letter from their lawyers stating that, "More than 30 days have passed since Requests for Admissions and Interrogatories were served upon you by U.S. first class mail. Demand is hereby made for answers thereto. Failure to answer within the required 30 days constitutes an admission of each unanswered Request under Minnesota Rules of Civil Procedure. 36.01. (I was out of town and only seen it within this past week.) If you fail to provide those answers in writing within 10 days of the date of this letter, a motion for judgment will be made using the admitted Requests." I'm not sure if the lack of replies just means that I'm screwed, but any advice, no matter how little would be greatly appreciated. Thanks
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