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Everything posted by mason433

  1. Hey guys. Thanks for all the help here. If anyone is curious I ended up settling. I know, it's a bit frowned upon here. I wanted to fight them, but I just didn't have the time and energy between work and I'm currently taking care of a sick family member. I ended up settling for 35% of the debt which didn't set me back to far. I just paid it out of my yearly employer bonus which I made more then I expected anyways. Just got the letter that the case was dismissed w/ prejudice so it's all done now. I'm glad it's all finally over. I still have another collection account that may come at me with a lawsuit sometime soon. I want to thank everyone on this board for the knowledge and advice. I'll be much better prepared for it and might even fight them this time. Thanks again everyone.
  2. Hey guys super quick question: I have my disclosure statement drafted and ready to go. I know I need to submit that to my court and mail that to the attorney. Discover and interrogatories are the same thing right? I'm going to be making my own interrogatories to send to them as well as answer theirs. I just send those straight to the attorneys and not the court right?
  3. I called the court clerk's office this morning (Wow they are rude) .. they kept saying that the information would be mailed to me. I also asked if the court had any disclosure forms and she had no idea what I was talking about and wanted to transfer me to legal aid. I'm getting ready to file my disclosure statement and file my discovery on them at the same time. I've checked out Marvin's video from youtube and it helped a bit. Does anyone have a good disclosure template I can use? It looks like I'll be making my own. As far as the discovery request above, I think I am going to use that, but if anyone has any good templates or links to other threads where a disclosure statement has been posted so I can get a guideline made out to start filing my own.
  4. Hey guys, I certainly don't mean to pester, but I'm a little intimidated at these questions for answering under oath. The thing is, I'm pretty sure I may remember this debt. I stopped paying on it just a little over a year ago.. So to pretty new. Not a SOL issue. But I don't have any documentation or statements of this debt from Wells, I don't know how it became to get to the balance it is, And I don't recognize the account number... I'm just asking how I should answer these and what proper verbiage and wording I should use. You guys have already been a godsend to me and I know I'm still early on in the case .. Some pointers or guidience would be amazing.
  5. Okay guys. Here are the Interrogatories they've sent to me asking me to answer, I'm going to go ahead and list the questions here and see what you guys think and how I should respond. I'm so overwhelemed by all of this! But here it goes. 1. State your full name, date of birth, and social security number. 2. List all other names by which you have been known. 3. State your present residence address, home phone number and cell phone number. 4. For your present spouse and for each former spouse, state the following: a. His/her current residence address. b. his/her full name, date of birth and social security number. c. The date of your marriage d. The date, place and manner of dissolution or termination of your marriage, if applicable. 5. Idenify and attach all documents in your possession demotrating the date of your marriage. 6. Identify and attach all documents in your possession demonstrating the date and place of dissolution or termination of your marriage. 7. Admit that you had a credit card account with the Plaintiff. Admit/Deny 8. Admit that you entered into a contract with Plaintiff for a consumer credit card account by using the credit card to purchase merchandise, services, or cash advances. Admit/Deny 9. Admit that using the credit card account to purchase merchandise services or cash advanves obligated you to pay the Plaintiff. Admit/Deny 10. If you DENY the preceding request for admission, explain the reasons for the denial. 11. Admit that Plaintiff sent you statements for such purchases or cash advances. 12. Admit that you did not pay all of the accounts listed on the Plaintiff's statements which were sent to you. 13. Admit that you presently owe ~$4,000 (approx for privacy) on the subject credit card account. 14. If you DENY the preceding request for admission, explain the reasons for your denial and state the correct amount you owe on the credit card account. 15. Identify and attach all documents in your possession that support your contention of the correct amount due. 16. Admit that you recieved a statement from Plaintiff stating that $4,000 was due from you for the purchase of the merchandise, services or cash advances. 17. With respect to each and every affirmative defense you alleged in your responsive pleading to Plaintiff's Complaint: a. State in detail each and every fact upon which you base each affirmative defense alleged in your responsive pleading. 18. Identify and attach all documents that support, refer to or relate in any way to each such affirmative defense and/or counterclaim. 19. State the name, address and telephone number of your current employer. Also, do I need to respond anything to their disclosure statement or send anything back or just work on filing my own?
  6. Thanks for the help. I filed my answer on the 7th of November and the attorneys sent me interrogies/discovery dated 14th of November. I understand I have 40 days to file, so I was thinking of maybe filing these in a week or two. I do kind of want to drag it out because I'm going to be traveling for the holidays. What a nice time to do this all! So here's my two-do list... 1. File disclosure with the court and send copy to attorneys 2. File discovery with LegalEagles questions posted and answer their questions at the same time and mail them both together. All CMRR. Does this sound good? What exactly does a civil hearing consist of if its not a MSJ or a trial?
  7. Just checked the court website too and it says "CIVIL HEARING" dated for 1/14/2013. Anyone know what this will consist of or what is it? Is this their MSJ? Also anyone mind answering the questions I asked yesterday on a few posts up...? Thank you.
  8. Ok just read on court site. Disclosure form is required to be sent to the court and attorneys from the date of filing the answer within 40 days. Which was November 7th for me. The questions the lawyers sent me (interrogies sp?) 40 days from the date of the form.. Which is November 14th. I only send those back to the lawyers right? Not the court?
  9. I'm going to pickup a disclosure form at the court .. Then I'll post the questions they sent me here in the next few days. From what I understand, I have 40 days to file a disclosure with the court and answer their questions? I filed my answer on the 7th of November and they emailed me the disclosure and questions with the date on the Document the 14th of November. Which one started the 40 timer?
  10. UPDATE: Okay, they did respond it looks like. Recieved a letter from attorneys (Jerold Kaplan) with a form for disclosure and two copies of interrogies? Seems like a bunch of questions they want me to answer, yes/no questions. I filed my answer with the court on 11/7 and the documents for disclosure/interrogies they sent me was dated on the forms for 11/14... didn't even recieve them in the mail until the 19th.. go figure. Which one started my timer for 40 days to answer my disclosure? So do I need to pickup a disclosure form at the court? Anything I should say or do? What about these interrogies? Should I answer them or toss them in the trash?
  11. I'm sorry, is discovery and disclosure two different things? Anyone have a link or anything to research a disclosure? Are they going to eventually mail me anything or call me? Dang, seems like this stuff drags out for a pretty long time huh?
  12. Filed my answer with the court and sent to the attorneys well over a week ago and have no recieved anything in the mail.. No calls.. No updates on the court site. Wonder where the hell they are? Anything I should be doing?
  13. Files answer this morning with the court and sent my answer to the attorney address certified mail RR. Anything else I should do or just wait for their move? Will they send me stuff in the mail? Here we go... Fight is on.
  14. Anyone else have any input? If not, I think I will go ahead and go with a more simple answer that revolves around denying any information of the debt.
  15. Just an update.. I'm getting ready to file my answer, Unfortunately I don't have any ink for my printer so I have to hand write it, which hopefully isn't a problem. So I just need to put the case number, midland funding as the plaintiff, their attory jerold and kaplan under attorney, and then my name under the defendant. As for attorney goes, should I just put Pro Se? Then it says *Checkbox* I admit to the following portion(s) of the complaint: *Checkbox* Plantiff is not entitled to judgement because: Any advice what I should write in there?
  16. Wow, thanks again. How do you oppose a default? Is that by simply filing an answer or another step I need to take?
  17. Thanks guys. I really appreciate it. I'm going to take a break on this for a couple days with the weekend coming up, then Monday I'll get the forms and work on my answer. I'll post any updates then.
  18. Update.. pretty much just read all the links above with the other forum topics and everything. I still have a few burning, probably really simple novice questions because I'm literally in the beginning stages of all of this. - The debt in general they are sueing me for, while I understand I did have a credit card with wells fargo that was maxed and I quit making payments on, wells fargo sold the card off to the JBD. What I don't recall is the amount that they are asking for that I pay, I really don't recall that balance, they've added what seems like a ton of fees to it. There is an account number in my summons listed a few pages in, but has nothing about my name or no original contract or signature, or statements. Am I disputing that I owe this debt to THEM or something? I guess I still don't know the foundation of what I am fighting for. Am I fighting that I don't owe money to Midland and that I owe money to the OC or something? What would happen if I did "win" the case, do they just sell it to another JDB or it just sits on my credit for 7 years or something? That's what I'm not clear on. I know I owe a debt, I know I did to wells fargo, I just don't know how to present that to them in a argument where they can't sue and gain judgement on me. ^^ Is the goal to reach a low settlement, drop the debt entirely? The fact they have an account number on the summons, is that enough evidence for them that I do owe this debt? - When I file my answer, how long does it take for a court date to show up? My 20 day response started 11/01/12 so I have until the 20th, I plan on submitting my answer around the 16th, is this whole process in general really long? Some of the threads I read go on for months. - As a followup to submitting the answer, should I keep it simple like Marvin's YouTube video or make it a more formal answer? Problem is, I'm not legal savvy at all, I'm well spoken but I don't know court/lawyer speak. I'd be worried defending that in court. - Will responses from the court and atty be sent to me mail, like court dates and such? Thanks all, and thanks for dealing with my newness here. I'm very impressed with this forum and this is all kind of interesting (still incredibly stressful though.)
  19. I had a similar credit score, maybe a tad higher, but secured a loan through a credit union, they offered me a better rate and gave me better negotiating on my end. I'd look into something like that if you're still looking.
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