WhiteMamba

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Everything posted by WhiteMamba

  1. i have 2 of these I want to have balance say zero, what did you say to them to get them to do this?
  2. I just got a notice of entry of judgment saying a judgment of dismissal was entered on Oct 2nd, after the last notice I am calling county clerk in the morning for clarification.
  3. The arbitrator wants to do hearing in early October but since I just received notice that they want to do telephone appearance. Do any of you think a rescheduling out request to arbitrator would be in my best interest. They want pre trial statements next week and I am out of state from Friday through Monday.
  4. :UPDATE: I am still going to arbitration the notice of dismissal it turns out is only if they don't get they're act together and schedule it. It gets better, so you get notice of dismissal but if they schedule hearing you will get no further notice telling you that arbitration is on. Can someone point me in direction of what I need to do as I think I need to do admissions and productions to them?
  5. Do I get to file back for my court costs? It just shows they either weren't committed or had what it took to prove anything, It really is a drain for these companies to clog up courthouse just looking for the default summary judgements.
  6. Got this in the mail today, does this mean case will be dismissed? Can I get it dismissed with prejudice?
  7. Here is one I answered differently, Admit that you are not alleging identity theft regarding the Credit account at issue. Since I am disputing account and all I answered it, Defendant Admits to not alleging identity theft regarding the alleged credit account at issue. I believe as it was worded you could be said to be admitting to the account just not claiming identity theft.
  8. They filed suit at the county courthouse which is in a different city. The county covers the city I live in.
  9. 1st one asks me to admit if i am a resident of the city in which the suit was filed, I denied that as suit was filed in a different city.
  10. Can I copy what they sent me, edit and put my answers under they're questions?
  11. I denied them lacking sufficient evidence to form a belief as to the truth of the allegation.
  12. In the answer to the suit I denied everything, I just wasn't sure I needed to answer the requests for admissions in the same way I did suit.
  13. I have already filed my answer to the suit with initial affirmative defenses.
  14. yes, I have received no documentation as far as statements affidavits or otherwise to support they're claim for payment, Do i need to respond on pleading paper and do I also need to submit a copy of my answers to the court?
  15. Thanks, does them perjuring the dates on this paperwork give me something to hold on to later if this gets to trial, as it looks like here it says it will be jury?
  16. Received my Admissions and Production requests with no statements of any kind. Is a lawyer allowed to sign a date on a certificate of service that is not true? Mine is signed 23rd of July being mailed from Puyallup, Washington but is postmarked the 18th of July from San Diego, California. Any help with this would be great. merged.pdf
  17. I will file answer tomorrow as written and will just proceed as I will be going to trial at some point. That was not light reading right there either, but I see how they came to the conclusion they did.
  18. I just went with the two affirmative defenses for now which were: SOL and lack of standing, I will update this thread as we move towards the circus court arbitration.
  19. Yeah I talked to huey pilot a few years ago, and he is a great help but I have not seen him around recently. I am just not sure how to word the SOL defense as it pertains to Delaware. I appreciate the help immensely.
  20. If anyone has input please chime in I just counted my days and it has to be in as tuesday makes 30 days . So my plan is to file tomorrow.
  21. Here is my draft of Answer, I am open to all suggestions, critique as I obviously want to do this the best that I can. Thanks
  22. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) there isn't one listed: just the name of someone with a Oregon state bar # 3. How much are you being sued for? 9800.00 4. Who is the original creditor? (if not the Plaintiff) Bank of America 5. How do you know you are being sued? (You were served, right?) yes, I was served 6. How were you served? (Mail, In person, Notice on door) 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? I don't recall any and I just went through my ooma voicemail for almost a year with no calls from them 9. What state and county do you live in? I live in the state of Oregon, Clackamas County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009? 11. What is the SOL on the debt? To find out: 7 years Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). filing Answer this week 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. no 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have to have answer filed by Thursday I believe. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. nothing attached at all. 17. Read this article: article read.