mincog

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About mincog

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  1. Suppose I'm being sued by a jdb. All they have provided is a affidavit of business records, a generic cardholder agreement, a generic bill of sale and assignment, and part of ca redit card statement from the oc (which is missing the defendants address). With these documents alone I don't think they can possibly establish standing. Instead of asking them for all statements, and specific bill of sale info, etc and anything else they may have, would it be better to maybe simply create an admission that says "they have no other documents that support their petition other than what has been prov
  2. BV80: Here's the Texas Statute where there is no requirement that you DV them within 30 days (subchapter C): http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.392.htm I don't think you are being difficult. I posted on this board because I want folks to try and shoot holes in my idea, so I will have an idea if it is plausible. I appreciate the feedback; the tougher the better. Regarding getting slammed in court: even if I don't prevail, it is still worth it to me because perhaps they will simply settle by removing the account from my credit reports. As long as the court doesn't think
  3. BV80: I did not send a dv. But in Texas I can send one at any time, and they have to respond or stop collecting. I plan to request info from them proving they owe the debt before I would file a suit and see what their response is. If they don't respond, or don't respond with adequate proof I go to court. The proof that they don't own the debt would be an affidavit from me stating that they didn't respond to my request for proof and that I do not owe them any money. I think once we got into court the burden would be on them to show that I owe them money, since they are the ones trying to co
  4. I don't think that acting like a punk deserves 30 days in a cage. I also don't think a judge should have the power to cage someone for 30 days because he unilaterally decided she was a punk. At the least a jury of her peers should be able to review the evidence and decide if she acted like a punk. Even if she was a punk, and even if she did deserve it, the bigger issue here is that a judge can wield that much power. What if you were behaving like a perfectly mature grown up and some corrupt judge unilaterallly decided you should be caged for 30 days? Think it couldn't happen? Maybe not in th
  5. What I am trying to do here, is to be the plaintiff, yet successfully put the burden of proof on them to prove that the money is owed. The JDB is claiming I owe them money. Since the jdb is not a bank, and is not headquatered in Delaware, they can't just say "state usury law doesn't apply to us". They would need to prove that they are now the owners of a debt that still retains those characteristics, I would think.
  6. A generic agreement is readily available I'm sure. But would that and proving what state the OC is in be enough? Let's say they provided a generic agreement and a statement that the OC is in such and such state and so ususry does't apply due to federal law and made a motion to dismiss or summary judgment or whatever. Couldn't I then challenge them to prove I agreed to that contract with the OC and that they even validly own the debt? And then they'd have to cough up more paperwork or face a trial. The unfair part falls under item number 2 in the statute. They are attempting to collect inte
  7. She was laughing a little bit, probably nervous. She even apologized to him at one point for laughing when he thought it was inappropriate. He says bye. She says bye back to him in Spanish. He calls her back and doubles her bond. A judge shouldn't be doubling bond because he doesn't like a person mannerisms or demeanor. She was kind of strange and not too bright. But the judge doesn't need to be doubling her bond for that. He was on a power trip. This ticked her off and she spoke inappropriately. But that's no reason to cage someone for 30 days. The judge does need to maintain the decorum
  8. The interest rate is higher than the Texas maximum which would make it usury. Now I understand that the federal law for credit cards preempts this. But Prima facie they are breaking the Texas usury law. So when I sue them, wouldn't the burden of proof of a valid credit card contract based in another state with appopriate chain of title, etc. now fall on them? (which they probably can't prove, since they are a dumb JDB and especially since the sol is up).
  9. Texas, under it's state version of the debt collection act allows as a remedy for violations of it's rules the ability to sue for "actual damages". What could one claim as "actual damages" when the jdb violates the law by "attempting to collect interest" that is not "expressly authorized by the agreement? I have proof from multiple mailings that the JDB is adding about 21% interest per year to the balance of the alleged debt. I would like to sue them for this, but I don't know what actual damages would arise from them jacking up the amount allegedly owed. Any ideas? Here is the law they
  10. Ask for a confdentiality agreement. Then if the tradeline shows up on your credit report dispute it, and if they confirm it to the credit bureau they either are reporting false info or they just broke the agreement. Either way you can then sue them again.
  11. In the small claims court I was in, in a pro se case, the judge would take anything the defendant said and if there was even a hint of an intent to make a proper argument, he would allow it regardless of whether it followed the technicalities. If one were to generally deny the requests for admission, the judge would assume you meant to specifically deny each one, and act accordingly. He did not throw the defendant under the bus because he didn't follow every jot and tittle of the procedure. That being said, I would still follow the rules of your jurisdiction (which is why I prefaced my comme
  12. If your state allows general denials, just give a general denial. Forget about answering each and every stupid request for admission.
  13. Check out this Texas case law regarding challenging 3rd party business records: http://scholar.google.com/scholar_case?case=10612691797526674821&q=dodeka++campos&hl=en&as_sdt=4,44&as_ylo=2012 Here is the relevant excerpt: "Finally, Campos [debtor] contends the [OC] records themselves are untrustworthy. However, we note that the creator of the documents, Chase, must keep careful records of its customer's accounts, otherwise its "business would greatly suffer or even fail." Id. at 244 (quoting Harris v. State, 846 S.W.2d 960, 964 (Tex.App.-Houston [1st Dist.] 1993, writ ref
  14. Well I have been sued, (thankfully by a jdb) so the question is moot. But since I have not been served yet, I think I will DV them (so I can add something else to my counterclaims.) (Texas DV doesn't have a 30 day restriction.) I'll start a new thread with some questions.
  15. I have about a dozen alleged defaulted cc accounts, ranging from $1000 - $20,000 each. They will all be outside of the SOL in December and January. None have sued yet (I verified this by calling the different courthouses.) All of them are JDBs except Discover. I am ready to fight any of the jdb's if they sue, and if they don't I will collect violations on them and sue them myself (after sol). (Discover is the only one that gives me pause; I really hope they don't sue before SOL.) In all of this time; I have only answered one of them (I called them back and recorded the conversation, collecting