MisterBFD

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About MisterBFD

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  1. Heh... I've convinced the Law Offices of Curtis O. Barnes that I'm judgment proof and they've sold the alleged $25k of my debt they bought from Household Finance to another JDB, this time Asset Acceptance, LLC. So I'm sending AAL a validation letter. I'm just literally days away from filing BK, so it really doesn't matter, but what the heck... I'll play along.
  2. I found an interesting blog post in trying to find a motion to dismiss for the CC lawsuit against me by my credit union/former employer. Here's the post and it includes a link to the judge's order: http://maderpacker.com/credit-card-cases-can-be-beat/ I have no affiliation with the blogger. This sounds EXACTLY like my own case, at least as far as the exhibits are concerned. I'm going to file a motion to dismiss and see what happens.
  3. Ok, I went and read up on "Account Stated" and now understand it. Are you saying that they don't have to explicitly state in the suit that they are using the theory of "account stated" to sue under the theory of AS? Because what you see above is the entirety of the suit except for the exhibits. Also please note: A ) The statement of account in Exhibit A has NO account number on it; B ) All of the boxes in the alleged CC application are blank, except for my name and what appears to be a signature similar to my own (all fields except NAME on the application are blank, address, phone, employer, co-applicant, income, etc) C ) Neither my name or account number appears on the alleged terms document attached as Exhibit B. Can I move to dismiss in my answer for any of those reasons? The debt exceeds my ability to pay. My wife, who is the only person with income (SS disability) in our household is not named in the suit. I own 50% of two cars, and I don't want either of them repossessed and disposed of to pay toward this debt. We own no real estate property (our house was sold on short sale on Dec 28). I just don't want to make this easy for them. I would like to have the case dismissed over a technical mistake on the part of the attorney, or on a lack of evidence if possible, simply because I don't want to make this easy or cheap for them. I'm also not opposed to telling the credit union's collections dept (headed up by one of my former co-workers with whom I had a great working relationship) about my judgment-proof status, my BK, everything. I already told the attorney when the suit was filed. I figure if I do let them know, they might drop the suit or if I get it dismissed, not bother to re-file if they know they won't get anything now. Of course I could have income in the future, but the BK will block them collecting anyhow.
  4. I have no idea what you mean by that. FYI: Neither of the exhibits has an account number on them. Not a single one. I care because: A ) I don't want them to walk away with a judgment without at least trying to slow them down; B ) 15-20 days for BK filing is only an estimate, what if it gets delayed for some reason? C ) I have no idea how quickly they can win and enforce judgment; D ) They pissed me off.
  5. First, thanks to everyone for all their help here in the forum. Here's the case in a nutshell: I worked as an executive for a Florida credit union for 11 years. They eliminated my position just over two years ago, and I've been out of work since. I have a Visa card with them that I acquired from them years ago not long after I was hired. I used the card during the past two years. Now I've accumulated over $8k on that card. They filed suit against me, through an attorney, at the end of February. I was served on March 9th and I've written an answer, and I plan on filing the answer and CoS by Friday the 29th to meet the 20-day limit on answers. I'm filing BK within the next 15-20 days or so and this card/suit will be on the list. My BK attorney is NOT representing me in the lawsuit by the OC for the CC, so I am representing myself PRO SE. I want to file an answer so they don't get a judgment before the automatic stay kicks in when the BK is filed. Here's the actual complaint, redacted: In my answer I will be denying 2, 3, and 4. HOWEVER... According to Florida Rules of Civil Procedure the lawsuit is required to state a Cause of Action, which appears to be missing here. FRCP Rule 1.140: ( b ) How Presented. Every defense in law or fact to a claim for relief in a pleading shall be asserted in the responsive pleading, if one is required, but the following defenses may be made by motion at the option of the pleader: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a cause of action, and (7) failure to join indispensable parties. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. The grounds on which any of the enumerated defenses are based and the substantial matters of law intended to be argued shall be stated specifically and with particularity in the responsive pleading or motion. Any ground not stated shall be deemed to be waived except any ground showing that the court lacks jurisdiction of the subject matter may be made at any time. No defense or objection is waived by being joined with other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert any defense in law or fact to that claim for a relief at the trial, except that the objection of failure to state a legal defense in an answer or reply shall be asserted by motion to strike the defense within 20 days after service of the answer or reply. FURTHEMORE, later in the rule: The defenses of failure to state a cause of action or a legal defense or to join an indispensable party may be raised by motion for judgment on the pleadings or at the trial on the merits in addition to being raised in either a motion under subdivision ( b ) or in the answer or reply. The defense of lack of jurisdiction of the subject matter may be raised at any time. Link to FRCP: Linky SO... It appears that as part of my answer I should file a motion to dismiss based on failure to state a CoA. Is that correct? If YES, then do I put that under an "Affirmative Defense" section? I have no affirmative defenses on my answer as of now. If so, how do I word it? Should I file the motion separately? Examples will be greatly appreciated!
  6. Ok, thanks. I should add that I am filing bankruptcy, but it won't be filed for a couple of weeks and I only have until the end of the week to answer. My sole purpose in answering is just to ensure that they don't get a judgment before my BK goes in and the automatic stay kicks in.
  7. Hey guys, can you check my work for me? Here's the complaint as filed by the attorney for the OC: Here's my answer: I know that I have to file my answer with the court, and a copy to the attorney for the credit union. I also know that I have to do a "certificate of service" but I'm a little confused about this part of the process. So do I take the answer to the courthouse FIRST, file it, then send a copy CMRR to the attorney? If so, then do I take the COS back to the courthouse and file that separately? Thanks!
  8. I totally appreciate the advice for a general denial of all claims. However, I'd like to do this right and answer in a more considered fashion. That being said, here is a more pointed question in writing an answer to the complaint: THIS IS A LAWSUIT FILED BY THE ATTORNEY FOR THE OC. It is a credit union where I was employed as an executive from 2000 until 2011 when my position was eliminated in a cost saving move. The account was opened in 2005. I want to admit that #1 and #2 are true. How do I write it? I want to deny: #3 - The basis for the denial is that I cannot confirm the amount owed since I cannot confirm that they have the correct account here, since none of the documents they provided (Exhibits "A" and "B") have any account number on them whatsoever. #4 - I want to deny that these documents are accurate because they don't have any identifying account number on any of them. In fact, I want to move that the documents should be excluded on that basis. #5 - I want to deny that the provided documents lack the required legal specificity (identifying account information) and I want to demand a dismissal of the case based on that. Please, how would I write my answer?
  9. My concern is that if I don't answer, I have no idea how long it takes for them to get a judgment. I figured that if I don't answer, they're granted a judgment immediately. I own my two vehicles outright, I don't want to lose them.
  10. FYI, my bankruptcy attorney is not representing me in this lawsuit. They are separate and distinct actions.
  11. Hey, guys... I am unemployed and have been for several years. I have credit card debt with a local financial institution, and I will be filing Chapter 7 bankruptcy and will be including this debt in the bankruptcy. My problem is that we're nowhere near ready to file and I've received a summons. I have 20 (well, now as of this writing I have 19) days to answer. I really just want to stall the case until my bankruptcy is actually filed, which will be probably about 30 days away due to issues involving myself as well as my attorney's caseload. The page titled "COMPLAINT" reads as follows: --- Plaintiff, XYZ CREDIT UNION, by its undersigned attorneys, sues the Defendant(s) MY NAME, herein and alleges: 1. This is an action for damages which does exceed $5,000.00 but not $15,000.00 exclusive of costs, interest and attorney's fees. 2. Defendant requested a Visa card from Plaintiff, and Plaintiff issued a Visa card to Defendant after Defendant's request for a card. 3. Defendant(s) owes Plaintiff the sum of $X,XXX.XX plus interest in connection with Defendant(s)'s use of the Visa charge card under the Visa credit card plan. 4. Attached hereto as Exhibits "A" and "B" are a statement of account showing the current balance and a copy of the terms and conditions of the Visa credit card plan. 5. All conditions precedent to the filing of this complaint have been complied with by the Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant(s) MY NAME, in the sum of $X,XXX.XX together with interest and court costs. --- Ok, the complaint page has the attorney's information at the bottom, but it is not signed. MY FIRST PROBLEM: The first two pages of EXHIBIT "A" are two pages from my most recent Visa statement. However, it DOES NOT include the account number. It has my correct name and address, but the pages from the statement has only ASTERISKS where it says "Card Number". That seems insufficient to me to prove the amount of the debt, since it does not identify the card number or my account number. MY SECOND PROBLEM: The next page of EXHIBIT "A" is a page titled "Credit Card Application". It has my signature on it twice. It has my full name in the "Applicant" section (in someone else's handwriting). HOWEVER: That's all it has on the form. The rest of the form, including the credit union account number, as well as my address, SSN, DOB, ETC, ETC are all COMPLETELY BLANK. The form is from 2005, and I was employed by this credit union in 2005. Is an almost completely BLANK application form sufficient to prove anything? I mean, I don't deny that I applied for the card, but is there a way I can deny that the application is valid without denying that I did apply for such a card? Can you help? THANKS!
  12. The number belongs to WFNNB (World Financial National Network Bank) and they are the issuer of the Lane Bryant credit card.
  13. Nope, I have an 813 area code. But I need to identify whether or not they are the OC or a third party. If they're the OC, then I don't think I can recover anything for this call.