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Everything posted by wewe

  1. Is there a specific address to use for chase? I'd like to try to get mine removed from my CR.
  2. he really wasn't planning to retire for another couple of years, (need the money), but hate the thought of "having" to work until 70 if we file 13. Thanks for the tip on a consumer lawyer. I hate getting pushed into things when I don't know all of my options, and someone tries to convince me what is best. That's why I wondered if anyone had any experience with 13, but the more I'm hearing and reading, it does not sound like something I want to do. My gut is telling me to stay away, and eventually if we have to file a 7, then we'll do that, but I just feel a 13 is going to create more problems, rather than solve them.
  3. too much income right now for a 7, which is why we've been trying so hard to get back on track. If my husband lost his job we would go right to a 7.
  4. We went to see a consumer atty. about a debt that was sold to a JDB, (15,000). We have 2 debts that have been charged off with chase, and we received a 1099 this past year, and claimed insolvency. We have about 20,000 in other debt, and 1 judgement that we pay 100 a month on. I know it sounds really bad, but we have been trying really hard to stay out of BK, and I'm not comfortable with 13. For exactly the reasons you stated. My husband is 65, and 13 means he would have to work for at least another 5 yrs. I'm guessing the JDB is going to sue, and yes we do have an arb. clause that we've requested. Still waiting to hear, but the problem is, my husbands work is sensitive to law suit, etc, and we are trying to steer clear of all of that. I don't think chase will come after us, because of all of their problems they have had, and I hate to wake them up with a chapt. 13. We are 4 yrs. into a 6 yr. sol. I feel like 13 would open up a bunch of new problems, and we are starting to clean up our past, (slowly, but heading in the right direction). From what I've read, I just feel like it would ruin us for a lot of reasons, and I'd really like to continue on the path we are on, but the BK atty. really hit us hard with 13. (big surprise).
  5. Does anyone out there have any experience with filing chapter 13 BK, and if so, pros/cons, good or bad that you've happened upon during the 5 years. We've tried so hard to stay out of BK and it seems like it is becoming inevitable, and it's very scary and I'm just not convinced that's the route I need/want to go. Any insight would be greatly appreciated.
  6. OK, That's exactly the type of thing I needed to hear. Thank you. Should I put a time limit in the directions somewhere too?
  7. Help. . . . My time frame is getting close to the 28 day mark, and I need to send in my stuff. Anybody out there have any insight for me? Is it too late to elect arbitration?
  8. One more question. . . . Should I put a time frame in there somewhere also? Like 28 days or 30 days, or what is the norm? And where would I add that in? Thanks
  9. Here is my draft version of request for docs. If there is someone that could look them over and give me some advice , that would be great. I feel like I'm doing this and not really know what I'm doing, it is all so foreign to me. I've read so many things on the web that my head is spinning and I just keep going around in circles now. Thanks for any help, I truly appreciate it. Oh, and also my directions above. Thanks. REQUEST FOR PRODUCTION OF DOCUMENT 1. The original signed application establishing the account 2. Charge slips bearing defendant's signature which establish use of the account 3. The original written agreement in which defendant allegedly agreed to the terms of the account 4. A complete history of the account from day one, establishing the legitimacy of the balance sought 5. Any document setting forth the choice of law provision 6. Any document plaintiff intends to introduce at trial 7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce 8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed 9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial 10. Proof of mailing of monthly statements 11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time 12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time." 13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder. 14. Letter(s) sent to defendant by plaintiff’s attorney, demonstrating an attempt to collect on the alleged debt 15. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s); 16. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant;
  10. How does this look for definitions? Is it enough? Soon I will also send a sample of my requests for docs if anyone can take a look at them to see if it sounds reasonable. Thanks for your help. The term "written documents" includes, but is not limited to, letters, notes of telephone calls, or any other written correspondence. For the purpose of this Request, the following definitions shall apply: “Agreement” shall refer to the alleged terms and conditions calling for the repayment of funds underlying this cause of action. “Creditor” shall refer to the parties past or present authorized to collect on the subject debt. “Debt” shall refer to the alleged monies owed in connection with this cause of action. “Defendant” shall refer to the party being sued in this action. “Document” includes any written, recorded, electronic, or graphic matter, however produced or reproduced, that is or was ever in the possession, custody, or control of the Creditor. “Document” includes the originals and all drafts and copies which differ in any respect from the original. “Document” includes all of the above materials, whether privileged or not. If any of the documents designated below are withheld on the grounds of privilege or work product, such document should be identified by author, recipient, date, and nature of the document. With respect to any document designated below which was once, but is no longer, in the Creditor’s possession, custody, or control, please indicate the date the document ceased to be in the Creditor’s possession, custody, or control, the manner in which it ceased, and the name and address of its present custodian.
  11. Yes, I think it was POS. Thank you for all of the great insight, and thank you Shellieh98 for sending on the lists of requests and admits.
  12. Yes, I did get one with theirs, but it was not CMRR. Also on the directions, it is about 9 pages long, do I really need to do that? Especially since I don't understand about 90 percent of it. So are you saying I don't have to file with the court? They did send one to the courts.
  13. OK, I think I'm on my way. I answered all of the interrogatories, all denied, no recollection, and I answered request to admit, all denied as well, mostly because I have no proof. Requests for docs, was pretty simple, all of them unaware of any docs, so therefore I can't produce any. Now, I'm onto my request for docs. I have a pretty standard set of requests, but what I'm having trouble with is the cover letter, and when they sent me all of this there was several pages of definitions and instruction. Should I be sending out something to that effect? I don't have any witnesses, so I guess I won't submit any. I know when I send it, I should send it cert. mail, with a request for a signature, but do I have to have a little blip about proof of service? And should I send a copy to the courts? Thank you so much for any insight you can give me.
  14. OK, I'm in the process of writing up my answers, but I have a few questions. First of all under Witnesses, it lists, 1. me 2. any witnesses I call upon 3. the keeper of records for FIA card services,( so does this mean they will actually bring someone from there?) 4. they reserve the right to amend this list. The exhibits: 1. All pleadings (are these just the court papers, or would they be any documents like my signature opening the account, etc.) 2. Account statements (will they have all of the statements or only the last few months, and will it be just the statements, or other docs too?) 3. Any exhibits I introduce, (which is basically none, right?) 4. reserves the right, etc On my interrogatories some of the questions cover a broad range in my opinion, such as 1. Have I ever purchased goods or services on an open account granted to you by Plaintiff or Plaintiff's predecessors in interest? Well, yes I made purchases on a B of A card. 2. If I have ever made a payment for any such purchase, state the date and amount of each payment and identify any documents or other evidence of each payment. Yes, I have made payments, but I don't know the dates, amounts, etc. I feel like each one has such a broad range of info in it, its impossible to give an answer because it is so broad. 3. Do I keep records, etc., and if yes, identify them. No I don't keep records, but if I answer that way, will it come back to haunt me somehow? This next one, I just really don't understand. 4. Has Plaintiff in interest ever delivered to me, by mail, or otherwise, any bills, statements of account, invoices, or other requests? If so, identify each document and state whether I object to it. If I object, identify each objection, including whether it was written or oral. What I'm gathering out of this, is did I ever receive any statements for the BOA account, and what would I object to, and how would I identify it? OK, this next one, is really open ended. 5. Is there any portion of Plaintiff's claim that you admit you owe to Plaintiff? If so, state the amount that you admit that yow owe to Plaintiff and facts that support your claim that you do not owe the rest of Plaintiff's claim. Identify and attach any docs that supports my answer. I do owe BOA money from a cc, but I don't know the exact amount anymore, with all of the interest, late fees, etc tacked on, and I don't have any documentation. So, if I just deny, I feel like this will come back to haunt me as well. The next one says that if I feel the account is inaccurate, specify each inaccuracy and facts that support my conclusion. I don't know specifics, and have no support. And finally, witnesses. Who would I call as a witness? It is FIA that is suing me, and I know they are part of BOA, so I can't really use that as a reason, because I did open a card with BOA. Thanks for your help. I do have a generic form I printed out from the state of MI, but I feel like some of these require more of an answer than agree, disagree, because. . . . . and do not know if the statement is true.
  15. OK, its a bit clearer now. Thank you soooo much for your help, I'll keep you posted on the status of this.
  16. Thank you for all of the info, it is very helpful, and no, you do not sound harsh, just honest. I think I may seek some legal counsel to help me with this, (and that is difficult as well to try to find an attorney) because from what I've been reading, I don't want to screw this up. I do have a question about who is actually suing me. It says it is from the attorney on the other side of the state, representing FIA. But on all of the communication I have received, it says they are a debt collector, trying to collect a debt. According to my credit report, it says that FIA has charged this off. So, is FIA actually suing me or is this a JDB suing me, trying to look like they are suing on behalf of FIA? If I decide to request more time to answer this, what exactly do I need to do, and who would I send that to? Thanks so much for your help, this is quite a learning experience for me, and an overwhelming one at that.
  17. The date of the pre-trial is 9/9 and discovery is 42 days from 4/23. So I'm kind of dumb at this, but how do I respond and what do I send them (ROGS)? I don't know what that is.
  18. No, I did not sign the consent judgement because I did not want a judgement on my record, so that ended the mediation. My immediate problem is this lawyer, is demanding I answer this letter or show up at his office in two weeks. Is he yanking my leg? And do I need to answer or show up?
  19. Help. . . . . . . does anyone know whether I need to respond to this letter (above), or is it another bunch of legal stuff scare tactic? It says I need to respond to (admit) this letter within 28 days or else I need to report to their office 28 days after receiving this letter. ( it is 3 hours away). Why do I have to respond to all of this if there is a court date set?
  20. OK, bear with me here. I have now received a letter from the attorney who is suing me. The first letter is the plaintiffs witness list, and exhibits. It looks like it was submitted to the courts for the trial. The second is a document that reads 1. PLAINTIFF'S INTERROGATORIES, REQUEST TO ADMIT AND REQUEST FOR DOCUMENTS TO DEFENDANT with Proof of Service. It is requesting answers to the following questions: 1. Have you ever purchased goods or services on an open accounted granted to you by plaintiff or plaintiff's predecessors in inters? 2. If you have ever made a payment for such purchase, state the date and amount of each payment and identify any documents or other evidence of each payment. 3. Do you keep records, such as account payable ledgers, etc. etc, etc, etc, 7. Is there any portion of plaintiff's claim that you admit you owe to plaintiff? If so, state the amount that you admit that you owe to plaintiff and any facts that support your claim that you do not owe the rest. Identify and attach any documents that supports your answer. 8. If you claim that the account on which plaintiff is suing is inaccurate, specify each inaccuracy and facts that support your conclusion that the account is inaccurate. 9. Please identify any witnesses that you plan to call at trial in this matter. OK, then it lists a request to produce documents. The last is the REQUESTS TO ADMIT 1. Please admit that this account, as defined in paragraph 1 above, belongs to you. 2. Please admit that you are responsible for the payment of any outstanding balance on this account. 3. Please admit that personally applied for this account, either in writing, via the internet, by phone or in person. 4. Please admit that you and/or your agents , etc, purchase for good and or service son this account. 5. Please admit that you have made periodic payments on this account. And so on. In some of the prior legal jargon in this packet, it states that if I decline to attach legible copies to the answers to the interrogatories and the response to the requests for production and timely serve same, than all requests for production of documents herein shall be deemed a request for me to appear at the office of plaintiff's counsel at 10:00 am on a date 28 days after service of these documents. What I don't understand about all of this is that it lists the plaintiff as FIA CARD SERVICES, N.A., but it specifically says that this communication is from a debt collector and this is an attempt to collect a debt. On the letter that was sent it lists on the exhibits: 1. all pleadings 2. account statements 3. Any exhibits introduced by the defendant. Up to this point they have not produced any proof what so ever that this is mine. At the mediation, I asked for it, and of course the rental lawyer, knew nothing about it, and had nothing, but assured me they would produce it in court, it need be. So. . . . . how do I respond to this "stuff". Sorry this is so long, and thanks for your input.
  21. Thank you for the great advice. We may qualify for the taxes to be discharged. We are currently being audited for the previous 3 years, but nothing fraudulent . They don't have any liens or levy against us at this point. So, I guess that will be something a BK lawyer will have to check for us.
  22. OK, I guess I'm headed down that path, even tho I still feel sick about it. But now my question is: we owe the IRS about 19,000 for auditing of 3 years of taxes filed. Will this be discharged, and is there any way to get that total sum down if it won't be discharged? I'm assuming we swill still be able to keep our home, (no equity in it), and our cars, 11 and 13 years old?
  23. Yes, my husband has a job that offers health ins. The only assets we have are a house with no equity in it, and 2 cars, 11 and 13 years old. So pretty much nothing. We will probably be discharging about 100,000. But we currently have about 70,000 that has been charged off. I am the one being sued for 19,000, which was 9,000 at the time we weren't able to pay any longer. My husbands name is not on the card. I'm guessing, it's only a matter of time before the other 3 cards come after us. I guess the thing I'm worried about the most is getting a judgement against me. I really don't want that on my record. It's FIA that is suing me for BOA. Uggghhh, I really hate this, but feel backed into a corner. I truly plan to repay these. . . . someday down the road. Thanks again for your input, this sight has been extremely helpful.
  24. Thank you so much for the great info. I feel a bit better now. I did just receive yesterday, a notice to appear for a settlement pretrial conference in sept., and then a civil bench trial in late sept. The court did order mediation, which was done last week, without a settlement. They had no proof of the debt, nothing at all from the plaintiff, no documents whatsoever, but they tried their best to convince me, they could get it for a trial. And even tho they may not have every statement, they told me a couple of old statements would be enough proof for the judge. So, I was all set to sign a monthly payment agreement, and found it it was classified as a consent judgement, which I said I did not want on my record. At that point I think the rent a lawyer was sick of me, and just said fine, we'll see you in court. So. . . . . I guess it will go to court in Sept., but I guess I will have to file BK before then. How long should I wait to file BK, and is there any chance the plaintiff may back out because of no proof. I really don't want to file BK, if there is a chance they may bag it. Thanks again for all of your insight.