melsplac3

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About melsplac3

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    TN
  1. Well, I've been studying up on what you guys told me to study, and most of it is way over my head. I tried to find case laws like ArtVandelay told me to, but can't seem to find anything. So, I'm going to wait a few more days to see if TNLawyer chimes in here, and if not, I'm going to give him a call. Maybe he will help me out. Maybe at least point me in the right direction. You guys have been so helpful though.
  2. Artvandelay I just went to that site and tried both Zwicker & associates and TD Bank USA, and it's saying there are no records found on either. Maybe I'm doing something wrong.
  3. Thanks guys for some more advice. I did my credit report and according to it, my last payment was on 8/21/2012. So, yes my account was in default when they sold to TD Bank. Also, I just hunted down a letter that I received from Zwicker & Associates from April of this year. Right at the bottom of the letter it states this "This firm is a debt collector."
  4. Was your card in default when TD Bank purchased it? Had it been charged off when TD Bank purchased it? How do I find this out. I just did a credit report, but am unsure on how to figure that out. Also, I pm'd TNLawyer. And haven't had a response yet. Does he come on here often?
  5. O.K. I just did another credit report and under TD Bank USA/Target Credit, in the pay status spot, it says "charged off". According to the report it was charged off in March of this year. Is that good or bad news?
  6. Actually he got some ice cream...turtle tracks. lol Thanks racecar!
  7. O.K. my son just added the actual summons. I think he may have it out of order, but you can get the idea of it. I added it to the top in my original post. Please someone tell me what to do. I have looked on this site at another summons that someone got, and the one that they showed looks nothing like that I received.
  8. I don't know why I'm not getting any answers on this post. I'm going to see if my son can figure out how to post the actual summons, because maybe I have confused everyone. Will be posting that soon if he can figure it out.
  9. Thanks for that explanation. Now, is anyone going to help me with my other problem...lol.
  10. No, I'm talking about that winky face in my post. I don't know where that came from. Weird....
  11. I don't know where that face icon came from. I didn't put it there.
  12. Thanks racecar. As for the charges against me.... My top page states that is is a civil summons for me to appear before the General Sessions Court in my county, in Nov to answer a civil action brought by TD Bank USA, N.A. as successor in interest to Target National Bank. Also, on the front is the name of the local attorney here in TN that I assume will be there (Zwicker & Associates, P.C. in Brentwood TN). States a phone number for them too. There is a spot for the Judgement, the order, and a spot for someone to let them know I am not in the military. The affidavit says this almost exactly (leaving out names etc...) It is 2 pages long. Affidavit My name State of Minnesota ) )SS. County of Hennepin ) I," Some guys name", being first duly sworn, despose and say: 1. My name is, "his name again". I serve as a custodian of records for Target Corporate Services, INc. (TCSI) and am duly authorized by Plaintiff TD Band USA, N.A. ("TD Bank USA") to make the following representations. 2. "My name here" credit- card account was originated by Target National Bank. Plaintiff TD Bank USA has acquired all rights to the credit-card account and all obligations owing on the account. A true and correct copy of the Assignment and Assumption Agreement by and between Target National Bank, Target Receivables LLC, and TD Bank USA, N.A. dated as of March 13, 2013 is attached to the affidavit as exhibit A. Plaintiff TD Bank USA has not sold, assigned, or otherwise transferred the account, and is the only entity with a right to collect the balance due on the account. TSI serviced and maintained the business records including the account information for Target National Bank and continues to service and maintain the business records, including the account information on behalf of Plaintiff TD Bank USA. 3. I make this affidavit in support of Plaintiff TD Bank USA's claim in this matter. I am an adult (having reached the age of majority) and competent to testify to the matters in this affidavit, which I make upon personal knowledge review of the business records. 4. I am familiar with the manner and method by which TCSI maintains business records for the credit card accounts. My responsibilities include researching business records, including electronically stored information relating to credit card accounts, in connections and collection-related litigation. My testimony in this affidavit is based on that research, which may include a computerized analysis or comparison of electronically stored information by means of a system with which I am familiar. 5. I have reviewed the records relating to "my name her" account and, based on that review, the business records reflect that- a) "My name here" is an adult (having reached the age of majority) and neither Plaintiff TD Bank USA nor TCSI has been notified that "My name here" is not competent to enter into a binding contract. On 4/12/2003, "My name here" opened a credit card account with Target National Bank, predecessor-in-interest to Plaintiff TD Bank USA, and has an account number "states my account number here". c) "My name here" charged purchases and/or cash advances to that account. d) A payment on "My name here" credit card account was last received in the amount of " $last amount I paid them on 8/21/2012. e) My name here has breached its contract and the credit card account is in default. On 3/25/2013 the credit card was charged off. On the date the credit card account was charged off, the account balance was $7,894.23. f) As of the date of this affidavit, "My name here" is indebted to Plaintiff TD Bank USA owing a balance of $7894.23 in connection with the credit card account, which balance is overdue and unpaid. This balance does not consist of any late fees applied after the date the account was charged-off and Plaintiff TD Bank USA is not seeking any attorneys fees. Plaintiff TD Bank USA is the successor-in-interest to the originator and is the current owner of the credit card account and has not re-assigned, extinguished, or released the debt. There has been no accord and satisfaction, and there are no credits for unapplied payments or any set-offs which would reduce the balance owed by "My name here". This claim is not based, directly or indirectly, upon the sale of a chattel which has been repossessed peaceably or by legal process. I solemnly affirm, under penalty of perjury under applicable law and upon personal knowledge based on my review of the business records or TCSI as servicer or Plaintiff TD Bank USA, that the contents of the foregoing affidavit are true. "The guys signature here" Custodian of Records Target Corporate Services, Inc. "Date he signed it." Right here it is notarized by someone in Minnesota This is the entire affidavit or I guess complaint. After all of this, I've looked over what's mentioned in #2 above as EVIDENCE. It is 4 pages long of the agreement between Target National Bank and TD Bank USA, N.A.. If you guys want me to post that here, I will, but it is long. And the last page is 4 signatures between Target and TD Bank USA, as the purchaser of the debt. This is everything that I have. Nothing else. I hope to see the TN lawyer give me some advice also.
  13. From what I have posted, can anyone tell who is suing me? Is it still with Target? Top right corner says TD Bank USA, NA as successor in interest to Target National Bank. And then down at the bottom it gives an attorneys name (Zwicker & Associates, P.C.) in Brentwood TN. States that they are a law firm engaged in debt collection. I also don't know how long I have to answer this. Where do I look? Help!!
  14. Oh I forgot to tell you that the only blank places that are not filled in are a box for the judgement, and box for the order, and on the back of that first page is a box that says affidavit. I don't see anything for me to fill out unless, I am supposed to fill something out there.