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Everything posted by jefrey98

  1. Should I file something like the attached? MOTION TO STRIKE AFFIDAVIT OF DEBT IN SUPPORT OF PLAINTIFF.docx
  2. They sited case Grevemberg v. G.P.A. Strategic Forecasting Group 2006-0766 959 so.2d 914. It says that an affidavit of the correctness thereof shall be primal facie proof. However in their supplement it does not say who the affidavit has to be from...
  3. @shellieh98 They sent the credit application, two statement (only one has purchases and payment), and the affidavit. They sent previously a lengthy supplemental memorandum in support of motion for summary judgment that sites lots of case law. My issue is that they have not proved that they own this account. The affidavit is from someone with the JDB, NOT the original creditor and they have not provided a bill of sale. Does this matter? They also have the wrong parish listed on the supplemental memorandum. I will call my city court tomorrow and see if they filed the supplemental memorandum because it was not sent to me with what they said they filed.
  4. I will add these documents when I get back to my desktop. I think I may have taken the documents down. I have never received a bill of sale and the affidavit is from someone employed by the jdb, not the original creditor. I believe they sent two statements. I will have to double check but I think they include purchases and payments.
  5. I am attaching it because again, it wouldn't let me paste on here. The only things attached to this was a letter from them encouraging me to sign a consent judgment and offering to have a discovery conference, and the paper letting me know when the hearing is scheduled. I am confused by there reference to "supporting memorandum filed herewith" because there was not another memorandum.
  6. @shellieh98 They filed suit. The court date is not until September 22. I will post the contents of their motion when I get to my desktop. They still have not provided any bill of sale. I am working in getting the exact case law that states they have to provide it to me. Any help would be greatly appreciated!
  7. I still have not received anything saying that they filed anything. Would I get something from them or served before a judge could make a decision?
  8. I think after work today I am going to attempt to schedule a 10.1 with them to see if they have obtained any of the requested documents or the documents that they say they attached and did not. I will research on how to proceed more if they have not received the bill of sale or an affidavit from the original creditor. Not sure if the best move after that is motion to compel, motion to dismiss based on lack of evidence, or waitin for them to file for summary judgement and then challenging their evidence based on not having those items.
  9. Eaton has not provided me any Bill If Sale nor have they provided me with an affidavit from the original creditor as was done in this case. Thank you. This helps.
  10. I checked when they initially filed and they were working the statute of limitations. Thanks for providing so much research for me. I appreciate it!
  11. I sent them answers to request for admission of facts, answers to their account interrogatories, answers to their domestic interrogatories and a request for production of documents. They sent me a credit card statement that had my name on it. They did not provide ANY bills of sale. The date of last purchase was July 20, 2009. I am not sure the date of last payment. I attached the questions with answers in parenthesis because it wouldn't let me cut and paste. I have removed personal info.
  12. @shellieh98 It would not let me put the info you requested on the last thread nor would it let me paste it so I have it here as an attachment.
  13. Plantiff's Affidavit of Indebtedness and Ownership of Account I am an Operations Specialist for Resurgent Capital Services LP, servicer for LVNV Funding LLC (hereafter the "Plaintiff") and herby certify the following: 1. I have personal knowledge regarding Plaintiff's creation and maintenance of its normal business records, including computer records of its accounts receivables. This information was regularly and contemporaneously maintained during the course of the Plaintiff's business. I am authorized to execute this affidavit on behalf of the Plaintiff's business records. 2. The records provided to Plaintiff's have been represented to include information provided by the original creditor and/or subsequent creditor. Such information includes the debtor's name, social security number, account balance, the identity of the original creditor and the account number. 3.Based on the business records maintained on account XXXXXXXXXXXXXXXX (hereafter "Account") which are a compilation of the information provided upon acquisition and information obtained since acquisition, the Account is the result of the extension of credit to XXXXXXXXXXX on or about 9/4/2005 (the "Date of Origination"). Said business records further indicate that the Account was then owned by Citibank, N.A.. Citibank later sold and/or assigned Portfolio XXXXX to Plaintiff's assignor which included the defendant's account on 3/3/2010 (the "Date of Assignment"). Thereafter, all ownership rights were assigned to, transferred to and became vested in Plaintiff, including the right to collect the purchased balance owing of $4,535.74 plus any additional accrued interest. 4. To the best of my knowledge and belief, the Defendant is not a minor or mentally incompetent person. 5. Based on information and belief and on the business records maintained with regard to the Account, the above stated amount is justly and duly owed by the Defendant to the Plaintiff exclusive set-offs and just grounds of defense. Payments and credits to the account have been allowed. Demand for payment was made at least thirty days ago. 6. All documents attached hereto, if any, are true copies of the original, being a reproduction from records on file with the Plaintiff or as provided by the original creditor. I affirm under penalty or perjury that the above facts are true and correct. (Julie Olinger) The forgoing affidavit was signed to an subscribed before me this Tuesday, November 13, 2012. (Notary Public) I am being sued by Eaton group, attorney for LVNV Funding. I have no idea if anyone owned it between them and Citibank. The originally filed suit in December 2011, however for some reason I was not served until October 2012. I was served with a request for admission of facts. I sent them and filed answers to their account interrogatories as well as a request for production of documents on November 11, 2012. They responded on December 10, 2012 and included the above affidavit as well as a letter they had sent me and I believe the credit card application and a statement. I requested a 10.1 call to ask about the information they had not provided (mainly proof of ownership). They had no additional answers other than they had requested the documents and would proved them if they received them. On January 30, 2013 they sent a motion and memorandum for summary judgment that they intended to file in two weeks. That was the last I hear of them until last week when I received another, very similar, motion and memorandum for summary judgment that they plan to file in two weeks. This time it was signed by a different attorney in the practice. Any and all help is appreciated. Do I now file a motion to compel them to produce the documents they say the requested?
  14. I will check the rules. I guess I expected there was a timeline they had to respond within and if they didn't, the case would be dropped. Therefore I wasn't going to harass them for answers, simply wait them out. I will see what I can find on abandonment time frames and at the very least attempt to file a motion to compel. Would scheduling a discovery conference to see if they have obtained the requested documents help or hurt at this point? Or could it at least buy time?
  15. After over a year from their last filing, they have now sent papers saying they plan to file a motion and memorandum for summary judgment if I do not return the consent judgment. They have not provided all documents requested during discovery that was sent in November of 2012. The answered many requests for proof of ownership with documents have been requested and will be provided if available. The only document provided was an affidavit of indebtedness and ownership of the account by an operations specialist for a servicer for LVNV funding. Nothing from Citibank, N.A. How do I proceed since they have not provided the requested evidence that they own the account?
  16. I sent a letter asking to schedule a 10.1 conference after a certain time. They emailed and set the day and the time. I have now received an email from the attorney apologizing and letting me know that she would call me tomorrow. I have asked for a lot of info that they have not provided. Specifically they have not given me anything from the original creditor,such as anything with my name and the account info or how they came up with the balanced owed. They also did not provide any letters sent by LVNV. Only one they sent to me. They also answered to see attachment for two questions where there was not an attachment that answered the question. It is getting very frustrating but I refuse to give up yet.
  17. My discovery conference was scheduled for today. I called from five minutes before and ten minutes after and continued to get voicemail. I left two voicemails, recorded them, and took screen shots of my call log. How do I proceed from here? Do I try to reschedule or do I wait for them to email me again or send me a letter?
  18. Does it matter that they have given me nothing from the original creditor? The affidavit they sent me is from someone that works for a serviced of LVNV funding? How does LVNV finding know how Citibank maintains their records? They also did not provide any bill of sales or assignment agreements transferring the alleged contract/account from Citibank to LVNV funding.
  19. I was sued by them. I freaked out when served, called them and set up a payment plan. Now looking at all of the threads here, I wish I hadn't. I wish I had done more research and fought them. I am currently fighting Eaton Group for a different JDB, LVNV funding.
  20. After I reread my post I realized that is probably what you meant. I appreciate all of the help and guidance you have given me. I am going to see what they say during the discovery conference and go from there. I will record it so there is no question as to what was said.
  21. I will not succeed if/when they file MSJ? I sent the request for discovery conference today. Should I go to the courthouse and get a copy of what they fold for their answers because they said see attachment for two answers that I did not see an attachment that pertained? I can ask them about them during the conference.
  22. Ok. Well I will send a letter today requesting a discovery conference. Should I file that wih the court as well? Do I wait until the file MSJ to file a motion to compel? Can I do that with my response to their MSJ? Will I get served with the MSJ or will they consider the letter that they plan to file it in approximately two weeks notice?