chjlfox

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About chjlfox

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  1. This is over an alleged credit card debt. I did speak to them when they called. They said there was a court hearing and wanted to know if I wanted to settle. At the time, I didn't realize the court hearing was a MTD. I told them I wasn't really sure what the amount of the debt was for, but if they had a good enough offer I would consider negotiations. She offered 50%, and I said no way. She said make an offer, but it was not a good time for me, so I told her to call me and leave contact info. She did, but I haven't talked to them since. Last payment was made 07/2010.
  2. Chase sent summons 2 years ago. I answered with blanket denial - no DV. I know now that is not an affirmative defense. Received MTD last week from judge for lack of prosecution. This week chase calls and wants to negotiate. Should I negotiate or wait and see if it gets dismissed? Hearing set for Dec. they have not provided any affidavits or anything since I answered 2 years ago.
  3. Update, I got a call from Chase today wanting to settle. They offered 50 %. Should I begin negotiations or wait and see if they file anything else, or wait and see if it gets dismissed?
  4. My bad on the typo, there is PLENTY of persecution, lack of prosecution. That is a pretty funny typo. Gotta laugh so I don't cry! Opposition to Motion - that's what I am asking about. When citibank filed a MSJ, the general consensus here was that things didn't look good for me, which is why I settled. I answered this summons from chase the same way. How do I go about preparing an opposition to motion? Should I still file an amended answer? Should I wait until I get it and post what it says to get more advice from this community? Or is there somewhere I can go to help me draft an Opposition? Please forgive my ignorance. This is all new to me. Thank all of you for your support through all of this. It's good to know I am not all alone in this battle!
  5. How ironic, I get home today and receive a letter from judge with a motion to dismiss case due to lack of persecution. Hearing is set for Dec 17th. Do I need to do anything else or just wait to see if Plaintiff (Chase) responds?
  6. I received a summons from a law firm representing chase two years ago. I think all they sent was a credit card statement, if that. I answered summons with same answer as the Citibank summons - lack of knowledge to fully answer - no debt validation - therefore Deny. I haven't heard from them since. I did the same thing with Citibank and didn't hear anything for two years then get a MSJ with an affidavit attached. I just didn't want the same thing to happen and find myself in this same bind again. Thanks again for your input.
  7. Thanks for all of your input. I have decided that because of my mistakes, it is not worth the summary judgment for full amount. I am going to settle for the 50%. On another note, and maybe another thread, I did receive another summons shortly after this one two years ago from Chase. I answered theirs the same way (which I now know is not an answer or a defense). I have not heard anything back from them. Should I start taking action now before they file a MSJ? If so, what do I do next?
  8. Ok, I will answer all other questions, but this first. I wish I would have found this site sooner. I have not admitted (on purpose) to any debt. After I asked judge for extension they offered a 50 percent settlement. I sent a letter trying to get a lower percentage to keep it out of court. The deadline for their offer of 50 percent is oct 12. Obviously I have made some mistakes with this procedure so should I just take the offer and be glad I didn't get a summary judgment for full amount. I don't like fighting a losing battle and I am getting the feeling I waited too long to start fighting.
  9. So general consensus is I should just quit fighting and accept 50% payment offer? I have it in writing good until Oct 12th.
  10. When I received the original summons 2 years ago, I answered all of the points like this: " Answer: Lack of knowledge to fully answer - no debt validation - therefore DENY." I thought this was an answer. When I received a Motion for Summary Judgment a few weeks ago, they attached a copy of a credit card statement and an affidavit in which the affiant does state that she has knowledge of this account. Affidavit was signed in Missouri in June of 2011, Hearing is in Florida. I can not find where Affidavit must be within 150 miles of court. They do not list damages in Statements. I just realized the amount they are asking for is more than what is stated on the account statement - probably attorney fees. I can not get through to their lawyer, just a supervisor. She says she will not take offer to client. I tried calling citibank directly, but get kicked back to law firm. I faxed a letter and sent it via registered mail to law firm with my settlement offer. How do I know if the lawyer even takes offer to citibank for consideration? How do I know if they accept or deny? Just take supervisors word or does it need to be in writing? Supervisor told me I could not negotiate this, accept their offer of 50% or go to court. I don't really know if I have a defense - that's why I'm posting here. Thanks to all of you for all of your input thus far!
  11. I believe the original creditor still owns debt, lawyer works for Citibank. Citibank listed as plaintiff. I answered the summons two years ago and denied all charges - reason stated was no debt validation. I have not filed an opposition to MSJ. I honestly am just trying to settle for less with Law Office, but they won't even take my offer to plaintiff. Should I file opposition, or is it too late?
  12. I received a request for summary judgment. I answered a summons with a dv letter 2 years ago. I received a motion for summary judgment and attached was an affidavit from citibank signed by a Misty McConnell, stating she was an employee of citibank, blah, blah blah. I went to hearing and asked for an extension. Judge ruled in my favor and gave me 60 more days and set another hearing for summary judgment. Since then, citibank has offered to setttle for 50% of 11,000 balance. I am trying not to file Ch 7. I tried to offer a lump sum payment of $4500 (on phone and in writing) , but CA attorneys office, Zakheim and LaVrar, will not even take my offer to citibank. I asked for a supervisor and she was even more rude. They say pay 50% or We will see you in court. I have tried to contact the actual Lawyer, but to no avail. Should I take settlement or keep fighting?