• Content Count

  • Joined

  • Last visited

Community Reputation

22 Excellent

About Chevy10

  • Rank
  • Birthday 10/29/1975

Profile Fields

  • Location
  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 th
  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 3
  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 busine
  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, rig
  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 aga
  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 strategie