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leeannthehorse

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Everything posted by leeannthehorse

  1. I guess I am also wondering why they did not answer my request for documents if they have access to them.
  2. The OC last checked my report in August 2012. It was recently. They provided no agreement or paperwork besides the one page printout and affadit. How do you suggest I proceed? Remember they have asked for the MSJ already.
  3. I have not decieded against it, but they never sent the agreement and I do not have one. Also, they don't seem to meet the criteria set by the Colvell case to prove their case.
  4. The OC owns it, but won't talk to me about it and the first time I called, the guy I spoke with claimed they no longer held it. Credit report says the OC owns it. WOuldn't Colvell still apply?
  5. Bruno, Thanks for the imput, but I am confused. Is this just and example of how to phrase my opposition and then push for a MSJ and dismissal? Wouldn't my agruement for the MSJ be that they do not have the necessary documents to successfully show that the debt is mine? Also, if the OC still owns the account (and I think they may even though they say they have no access to it), why would they not just print off the necessary documents? Finally, there was no answer to the request for documents. Is there a penalty for this? Thanks again, ALL! LA
  6. Thanks All! I am putting this together now and heading to the PO to mail off.
  7. 1. Names of people with knowledge of transaction and defenses which are subject to the suit 2. Names and addresses of expert witnesses, nature of expertise, copies of reports, and detail the nature of such report if oral. 3. What, if any correspondence or communication did Defendant have with Plaintiff concerning the transaction involved in the lawsuit. If communication was written, annex copies of correspondence. If oral, provide dates and descriptions of the nature and substance of communications. 4. What, if any response did Defendant receive from Plaintiff with respect to previous Interrogatory. 5. Attach copy of written agreements or contracts to which Defendant were a party with respect to transactions involved in this lawsuit. 6. Set forth whether Defendant ever applied for, received, used and/or received the benefit of STORE account. 7. Attach copies of account records 8. Provided names of employees of Defendant 9. If Defendant claims credits not credited, include proof 10. If Defendant claims defective goods, provide proof 11. Set forth all factual contentions upon which Defendant shall rely in defense of this matter 12. Does the Defendant content billing errors? 13. If yes, itemize errors 14. Has the Defendant communicated errors in writing to Plaintiff? 15. Provide each and every address at with Defendant has resided in the past five years 16. Specify whether Defendant received billing statements at provided addresses 17. Set forth actions taken with respect to billing errors 18. What, if any agreements were made by Defendant with Plaintiff to resolve issue through payment plan? 19. Does defendant claim any charges were unauthorized? 20. Attach copies of any and all documents upon which defendant will rely in support of defense. 1. There are no others 2. There are no witnesses 3. There is no correspondence 4. As stated, there is no correspondence 5. Objection, the information sought is assumedly already known to the Plaintiff through its business records. 6. Objection, the information sought is assumedly already known to the Plaintiff through its business records and were requested by the Defendant . 7. After a diligent search, no records, logs, diaries, and or other records were found. 8. The Dependant has no employees or agents. 9. Objection, the information sought is assumedly already known to the Plaintiff through its business records. 10. N/A 11. The Plaintiff has failed to send the Defendant any of the requested documents. 12. N/A 13. N/A 14. N/A 15. Objection, the Plaintiff has no other addresses 16. Objection, the information sought is assumedly already known to the Plaintiff through its business records. 17. N/A 18. N/A 19. N/A 20. Objection, the information sought is assumedly already known to the Plaintiff through its business records.
  8. Thanks, Bruno. Is this approptirate for the answer to their ROGs? 1. There are no others 2. There are no witnesses 3. There is no correspondence 4. As stated, there is no correspondence 5. Objection, the information sought is assumedly already known to the Plaintiff through its business records. 6. Objection, the information sought is assumedly already known to the Plaintiff through its business records and were requested by the Defendant . 7. After a diligent search, no records, logs, diaries, and or other records were found. 8. The Dependant has no employees or agents. 9. Objection, the information sought is assumedly already known to the Plaintiff through its business records. 10. N/A 11. The Plaintiff has failed to send the Defendant any of the requested documents. 12. N/A 13. N/A 14. N/A 15. Objection, the Plaintiff has no other addresses 16. Objection, the information sought is assumedly already known to the Plaintiff through its business records. 17. N/A 18. N/A 19. N/A 20. Objection, the information sought is assumedly already known to the Plaintiff through its business records.
  9. I need to answer their ROG's and send TOMORROW! Their reply to my ROGs was a MSJ. They did not provide documents that I requested including: The original signed application establishing the account. Charge slips bearing defendant's signature which establish use of the account. The original written agreement in which defendant allegedly assented to the terms of the account. A complete history of the account from day one, establishing the legitimacy of the balance sought. Any document setting forth the choice of law provision. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial. Proof of mailing of monthly statements. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time." HOW DO I PROCEED? Please help me form my answers. I have been looking for sample answers and can't locate them. They don't seem to meet the burden that the case I keep mentioning sets. How do I explain this to the court? A motion to dismiss with prejudice? PLEASE HELP ME and thank you for all of the advice thus far.
  10. So what type of motion do I file for this? Also, wouldn't you think they'd have more to provide since this is supposedly the OC?
  11. Got my MSJ today with a rationale and thier proof: an affidavit and one page printout showing it was charged off. That's it. No agreement, opening date, nothing. Read this case: LVNV v. Mary Covell which took place in NJ last year. Doesn't this set a precident? Doesn't this require them to prove the case with statements and more?
  12. And now I can't find any info on getting the extention to answer interrogatories. I also don't fully understand considering the interrogatories are not sent to the court anyway. How can I ask for an extention to answer them?
  13. Here is the link for a GE Capital Old Navy Visa: Old Navy Visa Credit Card It, too, contains JAMS
  14. So file a motion for an extension to answer the interogs and a motion to elect arbitration?
  15. My thirty days will be coming to an end soon and I feel I have to answer something. They have not yet sent me anything and I have no idea of what they have. The account seems to be in this grey zone where the OC doesn't have access to it (I tried calling them for more information) and the attorney is still supposedly "representing" them. I found the agreement online through a document site. I can only assume it is valid, but I am just making that assumption. I remember reading about the motion not being honored until a week before trial and I am over a month out at this point, and thus, unsure of which way to go. My total amount owed is acutally less that $4000, but after reading the advice on this site, I did not put the exact amount to help keep my identity private (those darn trolls). I am especially unsure on how to answer whether or not I opened and account with the company.
  16. I have been reviewing other people's threads regarding answering and have not found a sample answer or link to one. Also, the ones posted here are using referring to a JDB rather than the OC. Would someone PLEASE help me with my answer? Also, again, I am seeking advice regarding arbitration. I found the agreement online for the same card and it includes JAMs. I can ask for arbitration through the judge, but don't know if that is my best course. I still have recieved NOTHING from the attorney with regard to documentation. They supposedly represent the OC, so I don't understand what the hold up is. If they DO provide ALL documentation, I think arbitration is the best course (from what I understand). The attorney here is the same that was creamed last summer in appeals for not providing ALL documentation. Please advise! Thank you.
  17. I'm running out of time here. Would someone please help me with the answers? Must I answer each one seperately? How do I answer about opening the account? Thanks so much for all the help so far.
  18. I looked at the rules and does this apply if you send a request for documents to the lawyers supposedly representing the OC? I have proof I sent the request and it has been more than five days since I've heard anything. Also, I thought they had 30 days and worte that in my request. Do they still legally have 5? Thanks.
  19. Thanks Lawdog. What is your opinion of using JAMS? Also, do I answer each question individually or in one paragraph?
  20. Below is a summary of the questions they have sent. Some of these don’t even make sense to me, such as number 4. This is the first set of questions they have sent. They have been making “courtesy calls” in which they offer payment plans. I have yet to receive ANY documents from them. Theoretically, if the OC still owned the account, wouldn’t E&S be able to provide all of the required documents. In addition, this is the same firm that represented the company that lost in Appeals last year for failing to provide any documentation. Doesn’t this set up case law that would require them to provide all of the documents they did not in that case? FYI, I am referring to LVNV FUNDING, L.L.C.,v.MARY B. COLVELL. Thank you for your help. Losing much sleep here. 1. Names of people with knowledge of transaction and defenses which are subject to the suit 2. Names and addresses of expert witnesses, nature of expertise, copies of reports, and detail the nature of such report if oral. 3. What, if any correspondence or communication did Defendant have with Plaintiff concerning the transaction involved in the lawsuit. If communication was written, annex copies of correspondence. If oral, provide dates and descriptions of the nature and substance of communications. 4. What, if any response did Defendant receive from Plaintiff with respect to previous Interrogatory. 5. Attach copy of written agreements or contracts to which Defendant were a party with respect to transactions involved in this lawsuit. 6. Set forth whether Defendant ever applied for, received, used and/or received the benefit of STORE account. 7. Attach copies of account records 8. Provided names of employees of Defendant 9. If Defendant claims credits not credited, include proof 10. If Defendant claims defective goods, provide proof 11. Set forth all factual contentions upon which Defendant shall rely in defense of this matter 12. Does the Defendant content billing errors? 13. If yes, itemize errors 14. Has the Defendant communicated errors in writing to Plaintiff? 15. Provide each and every address at with Defendant has resided in the past five years 16. Specify whether Defendant received billing statements at provided addresses 17. Set forth actions taken with respect to billing errors 18. What, if any agreements were made by Defendant with Plaintiff to resolve issue through payment plan? 19. Does defendant claim any charges were unauthorized? 20. Attach copies of any and all documents upon which defendant will rely in support of defense.
  21. Is it too late for me to elect arbitration via JAMS? I found the agreement and JAMS is in it.
  22. Sent out my demand for documentation certified return reciept today. Came home to TWO sets of interrogatories with 20 questions attached. It was stamped (not signed) by the attorney and sent regualr mail. I am seeking help in answering and have been searching through the boards to see what others have done successfully. Any advice off the bat or will I be spending my afternoon tomorrow retyping 20 questions in legalese?
  23. Thanks. I will mail the questions certified return reciept tomorrow morning. Is there anything else that should go along with it?
  24. I denied everything. I basically said I could not confirm it was mine becuase there was no evidence. This is true. I never sent a DV letter and they only sent one letter and then I got a two page summons. My question is, I just send this list proveded by Leagle and then they are compelled to answer? None of this has to go through the court itself? Or is this my motion for discovery. The paperwork from the court looked confusing.
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