not going down

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Everything posted by not going down

  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 , Tha
  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
  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.
  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 s
  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 wer
  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
  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
  14. brownsfan12 2008/2009 Chase was willing to work with me on (2) Accounts... a.) Chase Visa , 3500.00 owed , I quit paying on it , 2 mos. later they called , set up a payment plan 0% interest waved all late payment fee's and set me up on an auto transfer from a separate bank acct I opened to fund this debt. Paid in Full... b.) Chase Slate , 3000.00 , Same scenario , they couldn't waive the interest , but dropped it to 6%.... Paid in Full.... Once in Default you will have some leverage... Don't take the first settlement they offer... they're willing to get something , and somethi
  15. Attorney "E-Filed" this .... Another 5 mos. and the S.O.L. would have ran its course on the Debt.... The Attorney is 75 miles away from this court house , and filing in District Court would require an appearance as well as paying a filing Fee ...... Thanks Not Going Down
  16. Hey Guy's Received summons , Have "Q"s ... US Bank O.C. $12,000.00 Last Payment 10/2009 .... 4 yr. S.O.L Port. Rec. Assoc. J.D.B (Plaintiff) Brumbaugh & Quandahl Representing Plaintiff (Omaha,Nebr.) E - Filed suit in County Court (Small Claims) Cap $3500.00 (Free) $12,000.00 +++ being sought in suit Working on my Answer , Should I List "IMPROPER VENUE" as an affirmative defense .... Should I File a Motion to Dismiss / Move to District Court ... (Not Free to File In Dist. Court) Arbitration is looking pretty good , US Bank Has a good Arb. Clause... (Open to Commen
  17. Hey All, Question: 1.) obtained visa card thru Umpqua Bank, California... 2.) U.S. Bank bought Credit Acct's from Umpqua Bank, California... When ???? 3.) Received summons from Attorney. 4.) Last payment made in 2009. 5.) Does / Did US Bank have an Arbitration Agreement in 2009 / 2008 6.) Would us bank arbitration agreement cover the purchased acct's 7.) Anyone have a C.C. Agreement from Umpqua bank ????? Thanks in advance for any and all replies Not Going Down
  18. Hey Racecar, I've always been here , Browsing .... Trying to help where I can .... I'm helping my Sister now , C.C. Lawsuit ... Collection Calls .... Might call on you for advice soon ... Thanks N.G.D
  19. Thanks Savoir.... I think we got it nailed down... Not Going Down
  20. 1.) Should I file a Motion to Strike the Affidavit? NO... Not unless your sure the Affidavit has been entered into evidence... You can call the clerk of the court , give them your case # . And ask what Documents have been entered into evidence .... 2.) I have been preparing a Request for Production of Documents and I included on the request: "3. 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 le
  21. Thanks BV 80 .... I should have looked that up last night , before posting on the Forum...... Both states have 4 yr. S.O.L So it doesn't matter....... Thanks Not Going Down
  22. Hey All, Helping out a Family Member who moved back to Nebraska.... 1.) Jane Doe lived in CA for 10 yrs. (1990-2000) opened up C.C. acct's and went Shopping............ 2.) Fell on hard times in 2000 (Divorce , Med. Issues...) Moved back to Nebraska in 2001.... 3.) Was just served summons: June 27th 2013 for C.C. Debt bought by Portfolio Rec a$$'s.... Question: Does the S.O.L now follow Nebraska Rules/Law (Summons was filed in Nebraska ... 4 Yrs. S.O.L ) or California Law , Where the Accts were opened ????????? Any And All Replies Greatly Appreciated...
  23. 1.) Send Attny Special Interrogatories and Admissions regarding Affiant (Person who Signed Affidavit) Who are they ....... Where do they reside ....... who and where do they work for ....... Work contact info ........ Type of work they perform ..... Any and All witnesses they will bring to trial .............. (purpose) : deposition 2.) The Affiant will have to show up regardless... A witness will have to testify ... You cannot put the Document on the "Stand" .... 3.) Hammer them with Discovery regarding Affidavit .... Plaintiff doesn't answer ??? File a "Motion to Compel" ...... 4.)