MisterBFD

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About MisterBFD

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    Florida
  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,
  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 F
  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 ow
  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:
  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.