not going down

Members
  • Content Count

    95
  • Joined

  • Last visited

Community Reputation

14 Good

About not going down

  • Rank
    CIC Member

Profile Fields

  • Location
    Nebraska
  1. Hello Forum... Just received a letter from ARS Nat. Serv. "PLEASE BE ADVISED THE ABOVE REFERENCED ACCT HAS BEEN PLACED WITH ARS FOR COLLECTION" ARS Escondido , Ca. Question: 1) Does anyone have any knowledge or activity with this Co. ???? 2) Does ARS work for Chase or is a Collection Co. for Chase ???? 3) Should I send them a D.V. Letter ????? The Debt belongs to my Sister , Over $5000.00 Chase is O.C. Received same letters in June from NCO Financial Systems I'm hoping Chase sells the Debt to a JDB , I'll know what to do from there... I'd Appreciate any and all replies , Thanks in advance Not Going Down
  2. melsplac3 I can tell you from personal experience that TARGET is the O.C. Target Bank , wife had an account , went into default , received settlement offer , I asked for Debt Validation , Received Summons .... We settled for 40% and they 1099 us for the remainder... If they offer you a settlement , consider it , If you can , make them an offer , they will work with you... Just my 2 cents
  3. RFA No. 11: Subsequent to activation of the Card, Defendant failed to make timely payments on the Account. ________ Admit ___X_____ Deny Interrogatory No. 4: If Defendant has refused to admit RFA No. 11, state the factual basis of any such refusal to admit. Answer: DENY Defendant Denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. It is burdensome to the extent it seeks documents or records that are not within the current knowledge, control, custody, or possession of the Defendant. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.
  4. QUESTIONS THAT I HAVE: 1) Do I still need to answer "Admit" or "Deny" on questions in which I object? YES 2) Considering that an actual statement on the alleged account was attached from the OC, are my answers appropriate? I don't wish to create obstacles for myself in my future answers. The Document they sent you , was it Authenticated by its Maker or Originator. Maybe they found that Statement in a Dumpster... Deny everything but your Name & Address. I am confused about the section below. Do I answer these separately, or were my answers included to the questions above? 1. If you responded to any of the foregoing Requests for Admission with anything other than an unqualified admission, for each such response: (a) State the basis for such denial or qualification. ( State all facts that support your denial or qualified admission; and (i.) Identify each person having knowledge of each such fact; and (ii.) Identify every document which refers to, relates to, or evidences such fact. INTERROGATORY NO. OBJECTION/DENY Is Objected by the Defendant on the Grounds that it is personal, confidential and private. This Interrogatory seeks information that is not relevant to any issue in this action. Information not calculated to lead to the Discovery of admissible evidence. Information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy of the Defendant INTERROGATORY NO. OBJECTION/DENY Defendant Objects as the Plaintiff’s request for Documents (A thru E) as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. It is burdensome to the extent it seeks documents or records that are not within the current knowledge, control, custody, or possession of the Defendant. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative. INTERROGATORY NO. OBJECTION/DENY Is Objected by the Defendant on the Grounds that it overly broad, and burdensome, cumulative and/or duplicate to the extent that it seeks documents or records that are not within the knowledge, possession, custody or control of the Defendant. Plaintiffs request should be accessible through Plaintiff’s own files, These are just a few of the Answers I used when replying to Interogatories... Hope they Help you...
  5. Agree with Texas rocker , Never Talk to or disclose any info with these dirt bags... I have first hand Knowledge dealing with B & Q ..... (Look at My Location)..... I've Beat'n them twice in Cuming Cnty... I'm your neighbor to the South.... Secondly , They don't have Squat..... But if they do.... And they proceed to introduce it "OBJECT IT" .... Familiarize yourself with: Nebraska written Instrument Law's & Incomplete written Instrument Hearsay Business Records , Hearsay rules .... Send me a Personal Message We'll compare notes... Have tons of Ne, Law and some good Case law to share... Not Going Down
  6. Surprised Court didn't send Plaintiff "ORDER TO SHOW CAUSE"... I'd have a "MOTION TO DISMISS" All drawn up , along with the "ORDER" ready for the Judge to sign....
  7. racecar Thanks for posting this .... It will be a great Help ..... Question: If I add "Arbitration and Award" as an affirmative defense , I'm not tipping my hand to the other side..... Shooting myself in the foot.... Afraid if I don't add it in the Answer , I might not be able to pull it out later .... "Catch 22 Here"..... What are your thoughts.... Thanks Not Going Down
  8. Savoir County , District and Supreme Court... In outlying communities, follow "Fed Rules Of Civil Procedure".... in Nebraska... Looking into this now... Federal rules of Civil Procedure Rule 8 Arbitration and Award.... Thanks Not Going Down
  9. 1. Who is the named plaintiff in the suit? Portfolio Rec. Assoc. (JDB) 2. What is the name of the law firm handling the suit? Brumbaugh & Quandahl (Omaha, NE) 3. How much are you being sued for? $12,000.00 ++ 4. Who is the original creditor? US BANK N.A. 5. How do you know you are being sued? Summons , Sherriff , Hand to hand. 6. How were you served? , In person, 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none 9. What state and county do you live in? Nebraska , Burt Cnty. 10. When is the last time you paid on this account? 10 / 2009 , Nebr 4 yr. .S.O.L 11. What is the SOL on the debt? To find out: Nebr 4 yr. .S.O.L Question: In preparing my answer , I want to include Arbitration and Award as an Affirmative Defense. US Bank has an Arbitration Clause in the Agreement , and it looks pretty good "Jams"... Leaning towards arbitration to dispute this debt , Rather than defend myself in District Court... I have until July 26 , 2013 to submit my Answer , The Plaintiff will fire off Discovery as soon as the answer is filed , thus making my chances of Electing Arbitration slim to none... Any and all replies greatly appreciated... Thanks Not Going Down
  10. BV80 After doing some research , you are correct ..... There are several NCO Divisions Some Sub Contract collections , Some Purchase Debt ....... NCO Financial Systems Inc. is who were dealing with..... Thanks everyone for the replies and advice Not Going Down
  11. unemployednomore Thanks for the Reply .... I'm wondering if Chase will sell it off to a JDB .... or file Suit against us ....
  12. Hello All, Helping my sister with this...... Received debt letter (Settlement offer) from NCO regarding $19,000.00 CC Debt from Chase... Acct opened 2008 / Last Pymt. 2011 My sister loves to shop.... Not sure who still owns the debt... Chase or NCO "Delaware" Had her call chase today , once acct. # was entered, it went to a recording "NCO" is now Managing the Acct... Pulled Her Credit report , Chase is Listed as a Charge Off... I want to send a debt validation letter , concerned NCO will turn acct back over to chase , Chase (OC) sues Her.... I've had this happen before with Target Bank , Wife's acct.... Same exact scenario..... Sent DV Letter , cost me $3500.00 (Settlement) In reading my own writing, I have a good idea as to the Answer, would like a 2nd or 3rd opinion... I'm no stranger to this forum , It's the best on the planet for these types of Question's Thanks in advance Not Going Down
  13. Hello All, Does anyone have a copy of this ..........2006/2009 Umpqua Bank Visa cardholder Agreement.... US Bank na. Bought the accts I believe in 2010.... I've scoured the web , Tried calling the Bank .... Thanks Not Going Down