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Found 138 results

  1. So, after a few months of inactivity in my JDB case (I have a few older threads regarding it), my hearing date for my motion to compel discovery is a few weeks away. I'm wondering what I should be expecting here. Do i 'argue' my case or does my Motion and seperate statement speak for itself, and I just explain and reiterate the facts? Does the judge rule on it then and there? This will be my first time in front of the judge for this case. I'm confident in the preparation of my motion and statement, but still a little nervous.
  2. Good morning Good people, I am hoping that someone here can help. I have spent the last 10 of my 20 day notice to respond researching the boards to find the right way to properly submit my ANSWER and list the proper defenses. While I have found some wonderful information on here, I am also thoroughly confused because some of the info is conflicting ( i.e. affirmative defenses or not). So, I figured I'd bite the bullet and ask for some direct help. Please see below for my case information. 1. Who is the named plaintiff in the suit? CACH, LLC - 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Al Smith P.C ( name shortened) 3. How much are you being sued for? 25K+ 4. Who is the original creditor? (if not the Plaintiff) Bank of America 5. How do you know you are being sued? (You were served, right?) Received Summons 10 days ago 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes, as far as I know 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 sent C&D Letter and Validation Request 9. What state and county do you live in? Delaware County, PA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/14/ 2010 11. What is the SOL on the debt? I believe 4 years for PA 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). Complaint Filed - Feb 2013, Arbitration Hearing Scheduled for Nov 2013 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, but only recently because CACH and BOA are both listed. BOA says "sold" and CACH says "in dispute" 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. Yes, they sent me 2 account statements, one showing last payment and one showing 7 months past due(Feb 2011) 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? 20 days - only 10 left 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - 2 account statements - a ( illegible) Certificate of Purchase - a (illegible) Bill of Sale and assignment of Loans "alledgedly" from BOA - BOA Privacy Policy and Credit Card Agreement - Verification, again illegible, that states that someone (cant make out their name or signature) alledges this information to be true and factual. My questions are: 1.) How do i respond? What should my Answers entail? Should I include Affirmative Defenses? 2) My cardholder agreement states that arbitration through NAF is mandatory but if thats the case why does my complaint state that i am being sued in court? Should my answer be different for Arb than Civil Suit? 30 After I file an answer, what do I do next? Ask for Discovery? How do I do that, is that a letter to them or to the court? Any help that any of you can provide woul be greatly appreciated. Thanks
  3. My name is nowhere on the account they are suing over! My 2nd (continued) pre-trial is scheduled for the end of Feb. I am pro se and I want to have it dismissed without going to trial if there is any way possible. I cannot believe there is no way to do so when he can provide NOTHING with my name on it. I don't believe they could get this far with it! Guess I am naive. I have answered the forum's suggested questions below. I have been researching many threads (esp FSUgirl07 since she is also in FL dealing with a JDB), but I haven't run into any where they actually have the wrong name. Hope you all are willing to help me out - your responses have been amazing. Thx. If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? CAM1 LLC dba CAM1 LLC of Georgia 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Offices of Andreu, Palma & Andreu,PL of Miami, FL 3. How much are you being sued for? about $4800.00 plus int. and atty fees 4. Who is the original creditor? (if not the Plaintiff) US Bank National Association ND 5. How do you know you are being sued? (You were served, right?) Served at home to husband. 6. How were you served? (Mail, In person, Notice on door) In person to husband 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? None 9. What state and county do you live in? Pinellas County Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. What is the SOL on the debt? 5 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). Attended pre-trial conference as per summons. Explained it was not my card. Showed atty statements with the account number he identified in my (adult) daughter's name. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Disputed with OC through a letter from my attorney in which he told them to cease and disist ,disputed with one credit bureau verbally. 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 attended the pre-trial as per the summons. No written answer is required in FL. First cause of Action: Account Stated. 2nd cause of action - Unjust Enrichment. I told court officer it was not my cc. She asked if I wanted to see the judge, I agreed. Attny & I went before the judge. I told her it was not my card. I showed her my copy of dispute to US Bank as well as their response which included cc statements from 3/10/06 to 3/10/10 - ALL addressed to my daughter (same last name at the time). Judge noticed the lack of account number. Judge directed attny to send me copy of cc application with my signature and copies of statements with my name on them within 30 days. I have not received them - he has untl 2/6. But the atty sent me notice and copies of 2 Bills of Sale and Assignment of Assets referring to each of the assets identified in a list as Exhibit A. Of course, the list was not attached to my notice. (He also sent me requests for Production, Admissions and Interrogatories. I have been writing an objection to his requests for discovery because I am pro se and he is not allowed to initiate discovery without permission of the court, unless I have already done so. I have a second (continued) pre-trial end of February. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence sent with summons. There was not even an account number on the paperwork, but I knew which account they were referring to from prior collection attempts from a number of different collection companies. ABSOLUTELY NOTHING - I FIND IT ASTOUNDING
  4. While trolling through on line database NY Supreme Court filings in my county (looking for defendants that have been successful in my court), I notice a number of complaints where two plaintiff's are listed - the OC and a JDB. Is this something unique to NY or does this happen in other jurisdictions? What would the rationale be? Trying to confuse defendants as to possible JDB issues of standing?
  5. a junk debt buyer, persolve, llc. had their lawyer send me a summons. i dont even know where this debt came from ive got a couple things on my credit report that were the results of identity theft, maybe this will add to the list. the amount they want from me is around $1900.00 i was served on 12/18/12 and the date in their complaint says something about a last payment being made on 12/15/08.....looks like they made it just a couple days shy of SOL, if the debt was even to be mine! i want to efile my answer, since this seems to be mandatory as of 1/1/13 and ive been doing research and am ready to deny all their crumby allegations, but i want to make sure im saying/doing the right thing. .. anyone have any advice?
  6. I have just received the admissions and interrogatories from the plaintiff and I've got a few questions regarding a few of their questions. First, they ask "Identify and attach all documents that support, refer to or relate in any way to each such affirmative defense and/or counterclaim." If I am using Plaintiff also has failed to state a claim upon which relief may be granted as a defense, what would I be putting as an answer? It seems pretty straight to the point, but then again I'm not a lawyer. Next, they ask "If you deny the preceding request for admission, explain the reasons for your denial and state the correct amount you owe on the credit card account." The previous question to this was asking me to admit or deny the amount that is being claimed against me, so what would be a good way to answer the follow up question? As always any help/guidance is greatly appreciated!
  7. 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) LJR 3. How much are you being sued for? $3,343.00 4. Who is the original creditor? (if not the Plaintiff) Sears/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) 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? Received letters in mail. 9. What state and county do you live in? Montgomery County, Ohio 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2010 11. What is the SOL on the debt? To find out: 6 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). Case is awaiting trial date. I filed Answer. Addressing discovery concerns now. 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). 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 filed an Answer. I have until December 31, 2012 to answer RFP, ROGS and RFA. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Some credit card statements and an affidavit that they now own the debt. I am currently in the process of answering discovery requests. My concerns at the moment are a question asking me to reveal my bank account information which I do not want to do and several questions regarding whether or not this was identity theft. It was not. I am just hesitant to admit to much of anything. My natural tendency is to say that no identity theft was alleged. Also, I do not have records of previous payments that are requested. What would be the best way to answer these requests?
  8. Thanks for all of the many people on the board who have taken the time to help others and hopefully myself with this case against these Junk Bond Collectors. I was embezzled from by my former business partner & sued myself into debt before realizing the lawyers were the only ones winning that battle. Never had a late in my life 40 years until that ordeal;) Anyway, here's 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? $946X.xx charged off; plus accrued interest of $730 since 4/30 and accruing at 10%; plus $775 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 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? Don't recall any correspondence, but I rarely look at the collection letters mailed because I cannot settle or do anything now. Since the first summons, Johnson Mark has evidently bought a 2nd credit card debt (Capitol One)of $60XX.00 and sent me a letter to collect 9. What state and county do you live in? UT. Salt Lake county 10. When is the last time you paid on this account? 9-20-11 11. What is the SOL on the debt? I believe 4 years 12. What is the status of your case? Suit served? Motions filed? Answered Initial Summons (with help from CIC); Need to respond to Plaintiffs request for Production of Docs / Admission 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Should I do this now? 14. Did you request debt validation before the suit was filed? No. Didn't know to at that time. 15. How long do you have to respond to the suit? 28 days from 11/23/12 on discovery response. We need to know what the "charges" are. Please post what they are claiming. That I signed & entered into a contract & defaulted on the obligation Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not yet 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached about 12 months worth of statements, a list of "may call" fact witnesses, & of course, no contract was submitted I have readied my responses according to information gathered on this forum: Request for Docs: 1. Any documents that relate or refer to the Plaintiff’s claims or your defenses in this Action, including but not limited to the following: any letters, emails, faxes, communications, notices, agreements, applications, statements, receipts, proofs of payment, check stubs, or other documents relevant to this Action or this Account. Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. 2. The last six (6) years of Bank statements from all financial institution that you have used or where you have an account. Answer: Request seeks documents that are irrelevant and are overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 3. Any communication(s) and correspondence(s) with anyone related to this Action or this Account, including but not limited to CITIBANK, Plaintiff, third-parties, any fact witnesses, expert witnesses, professionals, (whether they have been retained to testify or not). Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. 4. Any documents you may present as evidence or exhibits in a trial of this Action, including without limitation, any reports or exhibits prepared by any expert or lay witnesses pertaining to this Action and any documents relating to any witness you intend to call at trial. Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. Admissions: 1. Admit you entered into a contract CITIBANK thereby agreeing to pay for the balance on the account. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 2. Admit you used, or authorized the use of, the Account to obtain goods, services, or money. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 3. Admit that you did not dispute, within sixty (60) days and in writing, any item in the periodic written statements sent to you regarding this Account. Answer: Defendant expressly denies. Defendant requested Validation of debt within 30 days of first letter received and litigation requests followed shortly thereafter giving Defendant no time to dispute the allegations contained therein. 4. Admit that you failed to make all payments pursuant to the terms of the contract. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 5. Admit Defendant is indebted to CITIBANK and its subsequent assignee, the Plaintiff, for the Account Balance as defined above with interest at the rate of 10.00% Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. Let me know if there are any suggestions here, but my main questions are: (1) Do I submit my "Defendants Request for Production of Documents & Admissions now too? (2) i've read that I should do an "Initial Disclosures" when answering the complaint, but I didn't know it then. It is suggested that I list Midland Funding's custodian of record as a witness on this. Can I submit it now with my response to "request for Docs / Admission"? (3) Should I submit interrogatories now? When? (4) How about "An objection to the Complaint"? I've read and understand how to do many of these things somewhat thus far, but I do not know when or if some are necessary at this point. Thanks again!
  9. Thanks to the advice on this board! You guys rock!! We were served in June. We wrote a well-worded Response for Disclosure to the JBD (Pride Acquisitions LLC, using the law-firm Rausch, Sturm, Israel, etc in Texas). Well, the JDB just filed a Plaintiff’s Notice of Nonsuit on their $60K Credit Card claim against us -- we got it in the mail just four days before trial! I called the Court Clerk immediately and they confirmed the case is off next week’s docket, and will officially be dismissed as soon as the judge signs the Plaintiff’s Notice of Nonsuit. Woo-hoo!! The JDB is asking the judge to dismiss the suit WITHOUT prejudice. How can we get the judge to dismiss the suit WITH prejudice (or whatever legal term applies) so we can get this $60K claim to completely go away ... so we can eventually get it off our credit report? Thanks!
  10. I have been sued by Cavalry SPV I. LLC, an assignee of Wells Fargo Bank represented by Winn Law Group on 05/11/2012 for $17K. The complaint included a copy of a redacted signed credit application. I filed a General Denial on 06/12/2012 with affirmative defenses. On July 31 I was served with Discovery documents, Request for Admissions, Form Interrogatory and Special Interrogatory. The Request of Admissions included an exhibit that had a some printout statements and another copy of signed credit application agreement. After spending 3 weeks reading and studying TONS of threads in this website, I was able to complete the responses and I sent them off to Winn yesterday Aug, 29. There is a Case Management Conference scheduled for 11/14/2012. I saw many threads sending discovery documents to the plaintiff and others filing Burden of Proof (which I think I am too late for). Also, I see that I need to complete a Case Management Conference Statement. My question is what do I do next? Can I still serve discovery documents on Winn? Will this help my case or should I skip it? Are there any other documents or filings that I should be aware of before the CMC? How and When do I fill out a CMC statement? Thank you all for your assistance in Advance!! This forum has been GREAT help!
  11. I am currently dealing with a JDB which alleges that I owe money to them. I filed my answers and affirmative defense about 3 weeks ago. I was informed by the county clerk that since we were unable to reach an agreement with the JDB attorney that they the court would contact the JDB and their attorney's to setup a mediation. Today I received a letter sent to the court and myself requesting a one hour trial to the court. Here is how it reads: COMES NOW the Plaintiff, above named, by and through it's attorneys, Standley and Associates LLC. and does hereby give notice that on Wednesday, July 25th, 2012 at XX.XX AM. or as soon thereafter as possible, the above named Plaintiff will apply to the XXXXX Court House, (address) for a one hour trial to the Court. At such time you will be notified of the date and time of the trial. Dated: July 12, 2012. My questions are these: 1. Is this the request by the JDB's attorney to request a simple date of trial without mediation? 2. I have a basic understanding of the discovery phase, does this mean that the I do not go through the discovery phase if I do not respond to this letter. 3. Do I need to show up for the date and time mentioned above and assume this is the mediation? This is my first go around with a JDB, however I feel that I am preparing well for what is to come. I would appreciate anyone's help and advice. Thanks, Oli-v
  12. I recently received a summons from my county court in response to alleged debts from a JDB. I was hoping that someone could help critique my answers. 1. Oli-v, Defendant (s) is a (are) residents of XXXXX County, with a post office address of (my address). 2.The amount claimed herein does not exceed the jurisdiction of the court. 3. the amount claimed from Oli-v, the Defendant (s) is One Thousand Three Hundred eight and 66 cents ($1208.66, together with proper interest at the contract rate of 21% per annum in the amount of $1,571.27, attorneys fees of $196.80, court costs, and any other items allocable by statute or specific agreement. 4. Such claim arises from the following event (s) or transaction (s): The failure to pay sums due and owing on an account incurred by the Defendant (s), Oli-v, in XXXX County,Colorado, a copy of an affidavit of account and/or a summary of your account is attached hereto and incorporated herein. 5. The Defendant (s) is(are) not __ is not (are not) in the military service of the United States. In support of this statement, the Plaintiff (s) set(s) forth the following facts: (State facts concerning military service of the (Defendant(s) is not known, so state here.) The Defendant(s) is (are) engaged in civilian occupations. 6. The Plaintiff(s) does(do) ____ does(do) not __X__ demand a trial by jury (if demand is made a jury fee must be paid). My Response is as followed: COMES NOW the Defendant Oli-v Pro Se to answer the complaint(s) as follows: 1. Admit 2. Admit 3. Defendant denies the allegations contained in paragraph 3 of the Complaints as the Plaintiff has provided no documentation to support the allegation. Defendant does not recall the alleged debt and has insufficient information to admit of deny. 4. Defendant lacks the knowledge about the truth and therefore denies the allegations contained in paragraph 4. 5. Admit 6. Defendant does not demand trial by jury. Affirmative Defense: 1. Plaintiff is not the real party in interest. Plaintiff has not provided a bill of sale of valid assignment of the debts to prove ownership of the alleged debts. 2. Defendant reserves the right to please other affirmative defenses that my become applicable. Wherefore, Defendant prays that the court take nothing of the Plaintiff(s) Complaint by virtue and dismisses the complain without prejudice.
  13. Spent hundreds of hours over the last 4 months reading this forum and defending myself against a JDB (Midland Funding LLC w/ law firm Suttell & Hammer representing them) to no avail. Got served in March, filed Answers affirmative defenses, notice of appearance, answers to admissions, request for admissions, request for documents and interrogatories, sworn denial, motion to dismiss, motion to strike bill of sale, motion to strike affidavit....everything sent with certificate of service AND sent certified mail. Went to court yesterday to defend myself against a Summary judgment, Judge ignored everything I filed, and everything I said in court. I even requested serving the plaintiff with a subpoena to verify the debt....He just said "denied". So let me just give anyone in Island county washington a piece of advice. Dont even think for a second you will get Justus in the court system here. Dont get your hopes up reading this forum thinking you have a chance. You dont. Not here.