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About jlf2

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  1. JM has 2 CC cases against me and, of course, I'm fighting both. In one case, they asked for bank statements to be submitted, which I did. They later claimed I had not submitted them as ordered by the court, and filed for default judgement but in the other case. Once they realized their error, they withdrew the motion, but have unfairly prejudiced the court by introducing info from another case against me into this one. Is there grounds for dismissal for their error here? Thanks!
  2. Yes. Comes Now, Plaintiff FIA Card Services NA, by and through its attorney, and alleges as follows: 1. Plaintiff, FIA Card Services, NA, is a Limited Liability Company. Plaintiff FIA Card Services, NA, is located at 655 Papermill Rd, Newark DE 19711. Plaintiff is in the business of purchasing and collecting past due credit accounts, and plaintiff's business is interstate in character. Thus, pursuant to Allenburg Cotton Co v. Pittman 419 U.S. 20 (1974), plaintiff is exempt from registering to do business with the state of Utah. 2. Defendant resides at XXX (they had the wrong address but late
  3. Oh, and the Plaintiff was awarded attorney fees having proven no contractual right to anything. Seems he didn't care if they proved anything or not.
  4. I had a hearing today to set aside a judgment. After clearing the first 2 hurdles (excusable, and responding within timely manner), the 3rd was that I must show merit. I certainly felt I did that, but the Judge didn't think any of my points had merit. I argued that the Plaintiff had not shown that they own the debt, had submitted a 2003 Fleet Card agreement along with a 2005 CC agreement from Bank of America, and nothing had been shown to prove that FIA owned the debt. In addition, I tried to argue that there was not standing to sue due to point 3 below, but he didn't listen to that argument a
  5. Well, I had a hearing today and the judge asked them to narrow the scope since I objected to it being overly broad. She didn't think it violated my privacy, or buy the fishing expedition, or that the plaintiff should have the access since Chase was one of the fact witnesses. I'm feeling a little defeated and not sure how to proceed. I'm thinking of filing a counterclaim which I haven't done yet, and a motion to strike the affidavits for witnesses. Still, they have produced my balance transfer from 2008, but included a 2010 contract with that '08 app. The 2008 agreement has an Arb option (no JA
  6. Great advice everyone. I greatly appreciate your help. Here's what I've prepared for my response so I'll be anxious to hear your thoughts and suggestions. Douchebags vs. me Defendant hereby submits this memorandum in opposition to Plaintiff's Request that the court order "all statements…for all checking and savings accounts on which defendant is, or ever was within the past six (6) years, a signer, co-signer, user, authorized user, beneficiary, depositor, obligor, creator, maker, or otherwise authorized to access." Statement of Facts Plaintiff has yet to produce the alleged signed agreemen
  7. My info: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Johnson and Mark LLC 3. How much are you being sued for? $9xxX.xx charged off; plus accrued interest of $7XX.xx since 4/30 and accruing at 10%; plus $7XX.xx attorney fees 4. Who is the original creditor? (if not the Plaintiff) Chase 5. How do you know you are being sued? (You were served, right?) Served complaint 6. How were you served? (Mail, In person, Notice on door) In Person at home 7. Was the service legal as required by your state? Yes Process Se
  8. Linda7, you're a rock star. I've already sent the first letter yet they are still trying to serve me. I'm going to send another letter that they did not satisfy my request for DV, and if/when they do that as per my prior request, I choose arbitration. I'm sure I'll get a reply soon that it is not an option and I'll plan to reply then using some of the great info you've provided. Thanks for your efforts and giving me the confidence to know what to do next.
  9. Well, this has been very helpful. Thanks Linda7 and Racecar. I'm going to send a letter tomorrow and give it a shot. I don't have the money to pay anything close to what I owe so hopefully they will think a judge might rule for arbitration which would give me more negotiation power. A million thanks for your help!
  10. Great info, but still looking for an answer on the trickery that Johnson Mark used by submitting a post arbitration agreement (2010) with my 2008 application that provides me with the right to arbitration. Clearly they were trying to avoid arbitration since I've learned on this forum that Capital One tries to avoid arbitration at almost all costs now because of some 2009 legal changes protecting consumers and that 2 of the 3 arbitrators they list in their contracts are so backed up that the SOL will expire before they get to arbitration and JAMS, the only other option for arbitration, is very,
  11. Racecar, I'm on the phone now and looking forward to reading this but I've read many of your posts and know your always a big help so thanks so much for the reply.
  12. after i requested DV. I'm sure it is because they did not want me to know I had the option to ask for arbitration since apparently they hate going this route. I was going to reply back and call them on it, but I thought it best to ask someone here what options I have. Perhaps this is a violation? Can anyone help? here's a little more detail: Applied in May 2008, last payment ~Sept 2011? Got a collection letter from Johnson Mark, LLC in December 2012. Immediately sent back request for DV. It looks like Capital One still owns the debt, although charged-off in March 2012, and have JM law firm
  13. Actually looked it up on my CR and it has been reported for 81 mnoths, so almost 7 years ago.