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About Chevy10

  • Birthday 10/29/1975

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  1. Got a dismissal from Portfolio today, my second win. Now one more to go!
  2. Thanks all, so I assume I am pretty out of luck here........ I will contact the attorney as soon as I can.
  3. I know the tow yard had sent me and the lien holder (the bank) notices as they were required, they had held the car much longer than the statute required them to before they sold it. I believe it's FS 713.78, it basically states that if the car is >3 yrs old they can sell it after storing it for 35 days, they held it much much longer than that but the bank never paid it and I couldn't since I had no job. But it is legit from everything I read and everyone I talked to, it never mattered that the bank had a lien. Since it was never actually repossessed I have no clue how UCC will affect this. But before it was towed I had stopped making payments many months before. In either case the bank never sent me an intent to repossess.
  4. I'm located in Florida and I found out that I am being sued by Autouest (I misspelled the company name on purpose) for an amount on a car loan. I have not been served as of yet so I am holding off on posting the questionnaire until I receive the complaint. This situation is unique in that the vehicle was towed (not repossessed) by a tow yard a while back. The tow yard contacted me and the bank to have the fees paid. I, not having a job at the time could not redeem my vehicle. The bank ignored it and the tow yard eventually gained title and sold the vehicle. Fast forward to today and now a 3rd party, Autouest is suing. I assume they purchased this account at some point from the original bank. I do not know alot about the law but since the car was never repossessed what defenses can I use for this? I can say that it should be within the 5 year Florida SOL. I also never received ANY intent to repossess nor was there ever a UCC filed with the clerk of court or the Florida UCC database. On it's face am I out of luck here or is there something to work with? I know there is not much information yet but I will advise as soon as I am served. Thanks in advance for any advice.
  5. Racecar, thanks for the great information!!!!
  6. Thanks for the info Bruno, while they do not show in the list of Credit card banks, nor National bank Associations on that website, I think that would be beyond him anyway. Not sure what he needs to do to defend against this. I had a decent understanding thanks to what I read here for my case but that was a JDB. Not sure exactly what he can do against an OC.
  7. Oh and a quick question about Usury, I know that the United States Supreme Court in the Marquette National Bank v. First of Omaha Svc. Corp. -439 U.S. 299 (1978) kind of made it a moot point for national banks........ does that ruling apply to foreign banks such as Barclays? Now the card was a Juniper card originally but I find no evidence where Juniper was a national bank either. Neither bank appears to be a national bank association under Title 12 of the USC. Would that mean no state usury preemption?
  8. I am aware of that Beergoggles, I already told him he needed to be here, but he is probably the least internet/computer saavy person I have ever met. Would be much appreciate if you look while I try to get him on here with his own account. But thanks for advising that!
  9. Barc Bank Del Plaintiff v My Friend Defendant _______________________ Comes Now the Plaintiff Barc Bank Del, a corporation organized and existing under the laws of the United States of America, engaged in interstate commerce and owner of the defaulted debt at issue, sue(s) the Defendant(s). My friend, and states as follows: ACCOUNT STATED ______________ 1. This action is within the jurisdictional limits of this court. 2. Defendant(s) is/are resident(s) of this county. 3. All conditions precedent have occured. 4. Before the institution of this action Plaintiff and Defendant had business transactions between them and on 6/29/10 they agreed to the resulting balance for the account number xxxxxxxxxxxxxxxxx. 5. Plaintiff rendered a statement of it to Defendant and Defendant did not object to the statement. 6. Defendant owes Plaintiff $2,xxx.xx, since 6/29/2010 on the account. Wherefore, Plaintiff demands judgment for $2,xxx.xx, court costs and any other relief this court may deem just and proper against Defendant(s). Attached is 1 final Mastercard statement, 1 account activity page showing the 30.24% interest, 1 generic card agreement.
  10. Racecar, here is the questions you needed from my buddy. I can have him make his own account if you want. Supplying the complaint next. Have your friend come over and answer these 1. Who is the named plaintiff in the suit? B@rcl@y's B@nk Del@w@re 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) H@yt, H@yt, and L@nd@u 3. How much are you being sued for? <$2,500.00 would be small claims 4. Who is the original creditor? (if not the Plaintiff) The Plaintiff is the Original Creditor 5. How do you know you are being sued? (You were served, right?) Served by Sheriff 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? None 9. What state and county do you live in? Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Late 2009 or early 2010 11. What is the SOL on the debt? 5 yrs 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). Suit Served 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? Served yesterday, must appear this coming Tuesday. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They provided a statement, an activity document showing 30.24% interest, and a generic card agreement.
  11. He should know sometime this afternoon, don't know what time he told the sheriff he would be home. Will have him fill the form out.
  12. Hey guys, a buddy of mine that knows i won against the JDB that was suing me called me up yesterday, a sheriff left a note on his door, when he called they said they were looking to serve him. He called me and I checked the dockets, it's B@rcl@ys Bank suing, not a JDB. They are using H@yt, H@yt, and L@nd@u here in FL. Cruddy thing is this is small claims so they get a pretrial (I know he can file an answer at the pretrial like i did), the pretrial is 11/20 (they took a long time to serve him). I know he can file for an extension or just file the answer but what is a good strategy to defend against an OC (they will have the paperwork I am sure). He will have the summons sometime this afternoon. Any help from the experts would be appreciated, I do not know the default date but he said it is less than 2 yrs ago.
  13. Ok, so it sounds like in the case of Florida's requirements for the affidavit then move to strike when they submit it and work the hearsay/live witnesses at trial?
  14. Sahm1998, keep in mind something else I found, and coltfan feel free to chime in since I remember reading in your posts that you like to save defeating affidavits till the end. Florida has very strict requirements on whats required from a notary in their Jurat, in statute 117.05 the notary must include whether they personally know or have verified that the person they are notarizing has proven they are who they say they are. If you wait until a MSJ or trial I would think (coltfan please correct me if my thinking here is flawed) you can get the affidavit stricken (that was one of my strategies) and make a win that much easier as it seems almost no other state has the same requirements as FL on the notary jurat. See this site, it has the affidavit, the motion used, and the order. http(colon)//getoutofdebt(dot)org/34546/strategy-on-how-to-defeat-a-motion-for-summary-judgment-in-florida-specifically-and-other-states-generally
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