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thaiboxgirl

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  1. Hello everyone. I am back! Forum members helped me answer a previous lawsuit against Midland Funding, but now I am being sued again by Johnson Mark LLC. I defaulted on two credit cards about two years ago when living in Utah (common law state). I was on SSDI at the time (I still am), so I created an LLC (domestic) in order to work from home at my own freelance business. My husband decided that it would be best if he were named as the registered agent, as he worried I would have another flare up and not be able to handle the LLC filings, records, etc. After six months of struggling the business tanked, and therefore I couldn't pay the two Capital One credit card bills I used to open the business. We moved back to Idaho in order to take back our home from our previous tenants who trashed it and caused us to lose 6 months of rent. We had to come up with near $10,000 (mostly tax return money and loan from my mom) to save the house from foreclosure. Our LLC expired June 2016 due to failure to file renewal. Since my husband was registered agent, I am worried his credit will be ruined since Idaho is a common law state. My credit is terrible, is pretty good. I was working with Capital One to pay off the two accounts one year ago (at 1/2 amount owed), however I couldn't come up with the lump sum required. As of today: I'm a part time student and will be graduating with my B.S. in Psychology next fall. I want to go to graduate school right after, so I don't see a lot of income coming in any time soon. A couple of years from now with a MS degree I will be able to sit all day and be paid to help clients solve their problems. My son receives SSI due to autism, and we have a second child who is also on the spectrum (Asperger's Disorder). My husband works his rear off full time, and now that his hours have increased we will lose my son's SSI. My son will turn 18 in December and so he will probably get SSI and will contribute to the household (if we charge him rent) as he isn't going anywhere soon. We own our home in Idaho, our kid's medical expenses and therapy are expensive, and we have a car payment...to sum things up; we barely make ends meet. With our first and second mortgages included, and according to our last property tax assessment, we have no equity in the home. I guess they could argue that fair market value is higher, but I am going by the value assessed by Bonner County. I read somewhere that I could write a letter saying I am "judgement-proof", as my only income is SSDI, and my son's SSI (which he will lose soon), but my husband earns an income and we are in the same household...so? Here are the details: 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark LLC 3. How much are you being sued for? $5,674.00 4. Who is the original creditor? (if not the Plaintiff) Capital One 5. How do you know you are being sued? (You were served, right?) Served with summons & complaint. 6. How were you served? (Mail, In person, Notice on door) My husband was served and just handed me the papers a couple hours ago. 7. Was the service legal as required by your state? As far as I know so far, yes. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Idaho, Bonner County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations): Sometime in early 2016. 11. What is the SOL on the debt?: 4 years. Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name): Lawsuit filed, no motions yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? (This should be in your paperwork): 21 days. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No attachments, just the complaint.
  2. The attorney told me the best thing would be for the rental money to go straight to the creditor but my tenant wouldn't agree with that. So the attorney said that if we must, have the tenant deposit the rental money into our account on a monthly basis. It is a chapter 7.
  3. I'm confused. My post may be confusing too, but I'm trying to figure out how to ask this question. I do have an attorney and I have asked him a lot of questions. Still he is not really answering my question regarding the monitoring of our bank account after filing. I don't get a straight answer. We filed on May 3rd and had to send from the bank a fax of our bank account balances and transactions for that day. It was my understanding that the only time it matters about how much is in our bank is the day we file. My attorney has noted in the case that we have rental income of $1,400 per month. That money goes straight to the rental houses mortgage, second mortgage and utilities. My attorney said that if we have to have the money put into the bank account then go ahead but its better not to have the money in the account. Why would this be? Does the trustee monitor the bank account during the entire bankruptcy proceeding? Are they going to seize any extra money we have in there? We don't have any extra money at all, everything goes to bills. Our tenant's rent goes straight to all of the rental house expenses. I hope I didn't confuse the issue too much. Thanks in advance!
  4. Thanks for replying Coffee. I think its too late for me to reply to their opposition. I would love to see what your reply is though if you want to post it...
  5. Not sure. I know that I have mailing costs, the online court exchange account, ink and paper for the printer...
  6. (j) Security for costs of a nonresident plaintiff. When the plaintiff in an action resides out of this state, or is a foreign corporation, the defendant may file a motion to require the plaintiff to furnish security for costs and charges which may be awarded against such plaintiff. Upon hearing and determination by the court of the reasonable necessity therefor, the court shall order the plaintiff to file a $300.00 undertaking with sufficient sureties as security for payment of such costs and charges as may be awarded against such plaintiff. No security shall be required of any officer, instrumentality, or agency of the United States. I don't see anything here about the defendant needing to be an attorney...
  7. I haven't found it in Utah's Rules of Civil Procedure. I'm still looking though...
  8. So I went to the courthouse and saw Midland's opposition to my motion for security costs. In their opposition they say two things. #1- I am not an attorney, I'm pro se, and #2- I have never shown proof that I've had any costs. I have 5 days to reply. Does anyone know this argument? Has anyone got some helpful information for me? Thanks!
  9. Here is my opposition. It might give you an idea of how to write an opposition. Just look at Indiana rules of civil procedure... http://www.creditinfocenter.com/community/topic/323393-trouble-finding-sample-responses-to-msj-for-my-case-against-midland-funding-in-utah/
  10. No he didn't file a notice of substitution of counsel. Also what he put in the motion was that they assumed that I wasn't going to pursue the motion for security costs because I never filed the notice to submit. Well they never opposed it either. I don't see anything in Utah code that limits when a notice to submit can be submitted.
  11. I have uploaded a copy of my opposition (Utah) if you want to see it... I'll come back and send you a link...
  12. Utah Rules of Civil Procedure: (d) Substitution of counsel. An attorney may replace the counsel of record by filing and serving a notice of substitution of counsel signed by former counsel, new counsel and the client. Court approval is not required if new counsel certifies in the notice of substitution that counsel will comply with the existing hearing schedule and deadlines.
  13. So here's some interesting information that made me laugh today. I filed a motion for defendant to pay security costs (out of state costs) a year ago. I forgot to file a notice to submit along with it. So I went to the courthouse last week and filed the notice to submit for the motion (the one I filed a year ago). Johnson Mark's attorney filed a motion to dismiss plaintiff's notice to submit because he was the new attorney in the case and he didn't know that there had been no action in the case for over a year. So for that reason my notice to submit should be denied and he should have more time to write an opposition to the notice to submit. So that was the attorneys way of telling the judge he was on the case as he never made notice to the court that he was taking over. Its kind of like "oh judge I'm new to the case and I never read through the file so the defendant's motion should be denied." Whatever!
  14. Thanks all. The issue I'm really needing help with is trying to strike these affidavits...
  15. I appreciate all of your help more than you could imagine. I am also speaking with a BK attorney tomorrow. The question is whether I will declare BK now and forget fighting the case, or fight the case and if I lose declare BK then. Either way, Midland isn't getting any money.
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