kax

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About kax

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  1. 1. Who is the named plaintiff in the suit? A collection agency for a hospital. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Would prefer not to say, but I haven’t seen the firm’s name mentioned on here before. 3. How much are you being sued for? ~3k. 4. Who is the original creditor? (if not the Plaintiff) A hospital 5. How do you know you are being sued? (You were served, right?) Received Summons 6. How were you served? (Mail, In person, Notice on door) Certified Mail 7. Was the service legal as required by your state? Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence. 9. What state and county do you live in? Butler County, OH 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) No payment. Bill created about 2 years ago. 11. What is the SOL on the debt? 8 years. 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). One initial hearing, in which plaintiff asked for summary judgment and was denied. I requested a non-redacted copy of the bill that was presented with the initial filing and that was sent to me about a week later. Next hearing is scheduled towards the end of this month. Plaintiff sent motion for summary judgment in the mail last week. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. It’s not on my credit report, remarkably. 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). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have 30 days to object to the motion for summary judgment. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The non-redacted bill, and an affidavit from the collections manager at the hospital and an affidavit from the collection agency. No contract or information on insurance payments, other than what was on the bill. I could really use some help crafting an opposition to summary judgment. I never received an itemized bill until I was sued, and I don't agree to the charges. There are several items on there that I don't believe I consented to, and/or I was grossly overcharged for. I haven't seen any alleged contract from the hospital stating my responsibility for payment. I'm not sure if that's something I can put in an objection. Also, if someone can point me to a link for how this should be formatted I'd appreciate that as well. I am willing to settle. I have $1500 that I can do so with, but don't quite know how to approach that with the plaintiff without it being used against me. If any one has any advice about that I'd also appreciate it.
  2. Thank you - very simple. Maybe I was overthinking it.
  3. Good morning, everyone. The attorneys representing the JDB who is suing me had a summary judgment up for review last week. I showed up and spoke with the judge, who very graciously gave me the opportunity to file an affidavit denying the debt. I had filed a general denial with my answer, and discovered that that wasn't enough. He told me that if I provide an affidavit to him this week he will order that the case go to trial. So after searching the forum and the internet at large, I still have a few questions. 1. Does anyone know of a good resource for a template for an Ohio affidavit? 2. Second, should I include in the affidavit what I told the judge in court or should I keep it as a graduated denial (i.e, "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount.") I don't want to say too much, as I don't want the affidavit to be ripped apart by the other side. I have learned from working in government that it is best to only say the minimum that needs to be said. On the other hand, I'm not sure that keeping the affidavit vague will satisfy the judge. I don't want to alienate him after basically giving me a second chance. The gist of what I told him in court was that I had no recollection of getting this credit card, that I didn't live at the address when the bills that the plaintiff provided came, that I knew my then husband had a credit card from this store but didn't think I did, and that I had requested a signed application from the plaintiff but never received it. The judge seemed skeptical about my lack of remembering these events from 7 years ago, but when I told him about some of the things that had been going on in my life at that time he seemed satisfied with my answer and made the offer for me to file an affidavit. Any suggestions? Links to relevant discussions that I may have missed? Thanks for taking the time to read this.
  4. Thanks everyone for the great advice and examples! I'm feeling much better about this!
  5. Thanks for the advice! Now off to google "meet and confer"
  6. Good morning, I'm looking for some advice. I submitted my answers in time and also submitted my own discovery to Midland's attorney. However, I did not provide any language about making an electronic copy available, which is in Ohio's rules. I also didn't require them to notarize their answers, but I'm not sure if that's required. It's been over 30 days now and I haven't received a response. We are due back in court next week. Should I resubmit my discovery with the corrections and give them another 28 days or should I wait until we are back in court?
  7. What if you sent the discovery request and forgot to add a message about an electronic copy. Should I just send a copy to their email or send them another letter explaining that they may have an electronic copy of my interrogatories?
  8. @ nobk4me and BV80. I did a more thorough check of some of my old credit reports, and it is a different account. But I don't remember having this account, so I'm going to keep plugging away. At least I can put that issue to rest, though.
  9. Rec'd the following Combined Interrogatories, Request for Admissions and Request for Production of Documents. Here is what I have so far, based on some ideas I got from the forum. Words in () are not included in the response. I'm so nervous, I would love feedback! Interrogatory 1. State you full name, current address, social security number, date of birth and telephone number. (I'm fine with doing this, except for the ssn - I'd rather not) 2. Provide the names, addresses and telephone numbers of all persons who assisted you in responding to these Combined Interrogatories, Request for Admissions and Request for Production of Documents. (as of today, no one. But if I get advice from anonymous members from this board, how should I rephrase?) 3. Provide any other legal names by which you have been known. (I have 3, should I list them or object?) 4. Identify your current employer, job title, and length of employment at your current job. (I'd rather not tell them, but will objecting look bad? Do I have grounds to object?) Request for Admission 5. Admit that you applied for credit with CITIBANK, USA, N.A.. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny. Interrogatory 6. If you deny request for Admission No. 5, please state, with particularity, the basis for such denial. Request for Admission 7. Admit that the account was opened in your name on (date) Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny. Interrogatory 8. If your Answer to Request for Admission No. 7 is a denial, please state particularity, the basis for such denial. Request for Admission 9. Admit that you used the credit card described herein to make purchases. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny. Interrogatory 10.If your Answer to Request for Admission No. 9 is a denial, please state particularity, the basis for such denial. Request for Admission 11. Admit that you received periodic statements for the account. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny. Interrogatory. 12. If your Answer to Request for Admission No. 11 is a denial, please state particularity, the basis for such denial. Request for Admission 13. Admit that at no time did you ever contact CITIBANK, USA, N.A to dispute a transaction appearing on your periodic statement. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny. Interrogatory 14. If your Answer to Request for Admission No. 13 is a denial, please identify the following: a) the dollar amount of any disputed transaction. b ) the date the disputed transaction was incurred. c) the merchant to whom the disputed dollar amount was paid. d) The date you contacted the creditor to dispute the transaction. Request for the Production of Documents 15. Provide copies of all correspondence sent to CITIBANK USA, N.A. pertaining to any disputed transactions. Defendant has no such correspondence. 16. Provide copies of all correspondence sent to you by the CITIBANK USA, N.A pertaining to dispute claims. Defendant has no such correspondence. Request for Admission 17. Admit that you were responsible to pay the total balance due on the account, including interest, as prayed for in the Plaintiff's complaint. (Should I deny here, or object?) Interrogatory18. If your Answer to Request for Admission No. 17 is a denial, please state particularity, the basis for such denial. Request for Admission 19. Admit that not all payments on the account were made in a timely manner. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny Interrogatory 20. If your Answer to Request for Admission No. 17 is a denial, please state particularity, the basis for such denial. Request for Admission21. Admit that you failed to pay the total amount due on the account. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny Interrogatory 22. If your Answer to Request for Admission No. 21 is a denial, please state particularity, the basis for such denial. Request for Admission 23. Admit that the Plaintiff is not the owner of the account, having acquired all right, title & interest in the unpaid credit card debt. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny Interrogatory 24. If your Answer to Request for Admission No. 21 is a denial, please state particularity, the basis for such denial. Request for Admission25. Admit that the balance now due and owing on the account is the amount prayed for in Plaintiff's complaint.Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny Interrogatory. 26. If your Answer to Request for Admission No. 258 is a denial, state the amount which you admit is currently due and owing, and fully explain your reason(s) why this amount is due and owing rather than the amounts set forth in the Plaintiff's complaint. 27. State with particularity the basis of any denials stated in your Answer to Plaintiff's compliant. (Not sure what to put here - I answered most of them as neither admit or deny). 28. State, with particularity, the basis of any affirmative defenses asserted in your Answer to Plaintiff's complaint. ( I used the following affirmative defenses: Lack of Privity, Plaintiff has not proven that the debt is valid or accurate, unjust enrichment, Plaintiff hasn't proven that the debt isn't time-barred - are they looking for case law? Should I just restate what I put in my answer?) Interrogatory 29. Please identify all financial institutions at which you held checking or savings accounts from (date) to (date) including: a) The name of the financial instituition. (two now defunct banks) b ) The address for the branch at which the account was opened c) The date the account was opened (I have no clue) d) Whether the account was a checking or a savings account. e) The account number (I have no clue - ex has all those records) (Should I object or give them the information that I have? How do I word the ones I don't have the information for?) Request for the Production of Documents. 30. Produce copies of any and all documents that you plan to introduce at any trial or hearing in this matter. At this time, Defendant does not have any documents to introduce. Interrogatory 31. Identify all individuals with direct knowledge of this matter, as well as those individuals you intend to call as a witness at any trial or hearing in this matter. Defendant is unaware of any individuals with direct knowledge of this matter, and does not intend to call any witnesses. Request for the Production of Documents. 32. Produce any and all written documents currently in the possession of Defendant and/or agent relative to the account in question, including, but not limited to letters, notes pertaining to phone calls, cancelled checks, statements, agreements or any other written correspondence or evidence establishing that you do not owe the balance as prayed for in the Plaintiff's complaint. At this time, Defendant does not have any documents to introduce. Request for Admission 33. Admit that you received the credit card statement, a copy of which is attached hereto as "Exhibit A" Admit. 34. If your Answer to Request for Admission No. 33 is a denial, please state particularity, the basis for such denial. So, this is quite long, so I am quite grateful to anyone who is reading this! I will get these responded to and then send out my own discovery...
  10. I should have done this weeks ago, but thankfully there's still time. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Appears to be in house attorneys 3. How much are you being sued for? $2100 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Registered Mail 7. Was the service legal as required by your state? 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? I don't remember receiving anything from Midland 9. What state and county do you live in? OH, Butler 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I'm not sure, and I can't tell by the bill they provided me. 11. What is the SOL on the debt? To find out: 6 years, based on where I live now. 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 b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Had pretrial conference, next date is late June. Rec'd Discovery request about 2 weeks ago, have about 10 - 14 days to respond. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes to the credit bureaus, no to the creditor. 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 - they filed suit soon after I disputed. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I responded already. Working on discovery. Read the rules of procedure for Ohio. 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. A bill with my name on it from August of 2008. It has the full account number. The bill shows a late fee and the amount past due is about a third of the total balance, so I don't think this bill is from the last date of delinquency. I'm not sure about this account. I remember my ex husband had an account, and I was an authorized user, but it was not a joint account. Also, my ex husband remarried someone with a similar name soon after we divorced, and her name started appearing on my credit report, but the bill is not in her name. Still, I honestly don't know where this account is coming from. Please help!
  11. It's supposed to mean that collectors will not be incentivized to push for big payments, and instead inform debtors of other, more affordable options to repay their loans. However, only time will tell if that happens.
  12. The commission for collecting on overdue student loans has dropped from 16% of the entire loan amount to 11%, a move that is expected to reduce the incentive for collection agencies to push large payments instead of more affordable plans such as the Income Based and Income Contingent plans. From Bloomberg: http://www.bloomberg.com/news/2013-03-19/obama-cuts-student-debt-collector-commissions-to-aid-borrowers.html
  13. Hi Drake, I'm a financial aid counselor, as well as someone with a lot of student loan debt Is your loan a Federal Direct or Federal Family Education Loan? If you don't know, your first step is to go to www.nslds.ed.gov and log in to your account and choose "financial aid review." You will need a 4 digit pin number (the same one you use to sign a FAFSA) so if you don't have one already, you will need to sign up at www.pin.ed.gov. It takes 3 days for your pin to be active to check out your loan information. Once inside NSLDS, you will see a list of all federal grants and loans you have received, the balances, and the servicers and guarantors of the loan(s). Loans can change servicers and there are quite a few servicers out there, so this is an important step. If your federal loan(s) are not consolidated loans, the fastest way to get them out of default is to consolidate them. This process takes about 2-3 months. The website to do this is: http://www.loanconsolidation.ed.gov/ (for some reason, the site's down today. DOE usually updates their sites on Sundays) Do take the time to read over all the terms and conditions to see if this is the right step for you. There are some advantages and disadvantages to doing this. You will be required to pay under the Income Contingent or Income Based Repayment Plan for some time. Calculators to determine what your payment would be can be found at http://www2.ed.gov/offices/OSFAP/DirectLoan/calc.html This doesn't work for private loans, unfortunately. To answer your other questions, you can work with the DOE to resolve your default, even if they sold it. You can make payments for 12 months and rehab your loan Yes, it will be in default forever, unless you do something to bring it out of default.