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Found 125 results

  1. Bear with me if this appears incoherent since I am new to the debt lawsuit business. I will try to be a bit elaborate since I don't know what to make of the pre-trial conference. I have been lurking around the last week or two after being hit by a lawsuit to collect on an alleged chase card debt. Howard Lee Schiff is handling this on behalf of Midland funding. I appropriately responded to the summons with diagree and do not know answers to the charges. I then contacted the law office to provide proof of debt but did not receive anything. The pretrial conference today was very interesting (6/5/15 - my first!). The opposing lawyer was present and apparently a court appointed representative (possible the judge but just as likely some other lawyer) administered the conference. The opposing lawyer introduced the lawsuit and amount of debt in question. When asked I denied any knowledge of the debt and mentioned that I had repeatedly asked for proof of debt and had not received any evidence. The 'judge' inquired the opposing counsel who promptly forwarded me a stack of unsigned statements. The judge asked if there was a signed agreement to which the counsel referred to some past case and highlighted that the OC does not need to keep signed agreements beyond 4 years and that the statements printed were enough to prove the debt was owed. The judge did not object to it. She also turned to me to ask if the name on the statement was mine. I nodded yes. She then inquired if the address on the statement was mine. I replied with "cannot confirm" and will have to check records. I asked that I be given time to review the presented evidence. The judge asked if I was employed and whether I owned any property. Just when I thought this was coming to an end, the judge sought to talk to each party individually. He asked me if there were other lawsuits, suggested that it seemed the debt was owed and suggested that the best mode is to settle and be done with it. He een asked me to quickly review the pile to see if there were any signed documents - there were none. I told him that as long as I could affirm that I owed this debt, I was open to talk. After a few minutes of conversation with the opposing counsel, we were both called in. He admonished us again to talk and settle and proceeded to fill a form - the "scheduling order". He started aloud by calling out loud "written discovery" and the lawyer instantly and eagerly latched on to say "DONE". The judge agreed. I found that very odd and uncomfortable since I did not exactly know how discovery was complete! (Arn't I suppose to ask a bunch of questions regarding the lack of ownership and lack of proof of debt???) I tried to ask the judge to educate me on that and he duly referred me to the librarian on the 2nd floor . The opposing counsel seemed overly amused. Long story short, he scheduled a date for fact finding meeting - he also mentioned the word "deposition" which I still need to find the meaning for . We left the court house. This may be my gut but the lawyer seemed rather friendly with the people in the court house and the fact that the "judge" did not object to any (lack of) evidence presented seemed ominous - perhaps this wasnt the right forum for him, I don't know. Anyway, the lawyer wore a fake, almost condescending, smile all the time. The relevant portion of the order is pasted below: The questions in my mind are: How should I feel about this so far. Did I miss a trick somewhere so far? What should be my next steps now that I have a breather? Is CT a friendly state to debt collectors in general? Please advise so that I can bring my heart rate to normal Thanks FACTS: 1) there is no signed (or unsigned) agreement presented 2) there was no evidence showing that midland bought this specific account 3) there were almost a year worth of unsigned statements. _____________________________________________ The following order is entered in the above matter: ORDER: Scheduling Order Written discovery shall be served on or before: done Depositions of fact witnesses accomplished by: n/a Disclosure of plaintiffs experts by: n/a Depositions of plaintiffs experts by: n/a Independent medical exam accomplished by: n/a Disclosure of defendants experts by: n/a Depositions of defendants experts by: n/a Motions for summary judgment to be filed by n/a Motions for summary judgment to be argued by: n/a Other scheduling orders:
  2. My wife was given a summons in my name today after saying yes she was my wife. I just now get it and find I have to be in Court on April 1st 8am. I know of the debt and want to pay it but couldn't pay till yesterday. Can I settle at a pretrial conference? or can I settle this before that.? I really don't want to pay more than my debt.
  3. Hi. Thank you for reading this. I already found a lot of answer on this topic here. My 2 questions are: Can I do anything before the pretrial conference - send any papers, answers, questions to lawyer and resolve the problem without conference or (if I must go to conference) without court (the main event)? I can't speak (and write) (but I can copy - paste ) in the "right language" for court and lawyers.. I'm not good at english!! I'm from North Europe.. I even don't understand half of what is written there, and it takes a lot of time to google and google translate.. And I just read that few days after receiving this notice is very important.. If Chase SOL is 3 years, Delinguency Date is 3 years and 8 months old, should I just send them Expired SOL letter and that's it? I lived in NY at that time, moved to Florida in May 2010. In Florida SOL is 4 years... Can they sue me based on FL SOL? If not, what should i send them? If you are interested in more.. here are all facts.. My situation: Received notice to appear for pretrial conference on Oct.30, 2012. Today is Nov.1. By their courier which wrote 6:39pm, 11/30/2012 and his ID. Plaintiff: Equable Ascent Financial LLC fka Hilco Receivables LLC as a$$.of Chase Bank USA (WAMU) c/o Bakkalapulo Law firm.... in Clearwater, Florida, Defendant - me. Pretrial conference before a Judge on Nov.29, 2012 Facts common to all counts: 1. ... does not exceed 5000$ 7. Defendant owes Plaintiff 2172.25$ that is due with interest since Sept.30, 2009 Plaintiff demands .... 2172.25 plus pre-judg.interest and costs of this suit. 9. Before the inst.of this action , Plaint. and Def. had business transactions between them and on Sept.30,2009 thay agreed to the resulting balance (i don't have any agreement with them.. how I can agree??? ) 11. Def.owes Plaint. 2172.25 that is due with 4.75% interest, on this account. Attachments: Exhibit A : Bill of sale.... Number of accounts 40483 signed by Chase bank on Oct.12,2009 (operations manager) and Hilco Receivables LLC on Oct.12,2009 by CEO I WAS NOT in USA at that time! I left states on Oct.2,2009 and came back on January 8, 2010. I have stamp in my passport when I entered back, but not when I left... And there is not my signature or my name of course.. Exhibit 1: Number XXXXXXX, account (black marker, I can't see account), my name, my address where I live now... current balance 1900.00$ Charge off date Sept.30,2009, Contract Date March 16,2009, Delinquency date March 14, 2009 (3 years and 8 months has passed), last paid Febr.13, 2009, last paid amount 50$, orig.cred.Chase Bank Exhibit A: (there is my old address), account summary, account number is hidden all the time.. That's it. Just Exhibit A (Bill of sale), and Exhibit 1 with my address, and another Exhibit 1 (is this cont.of first Exh.1?) My question is: Can I do anything before the pretrial conference - send any papers, answers, questions to lawyer and resolve the problem without conference or (if I must go to conference) without court (the main event) in these next 2 days? Thank you a lot in advance..
  4. Hi Everyone, Looks like Cach, llc has been quite busy.. I need help on what to do or how to handle this lawsuit I received recently. Any opinions would be greatly appreciated. 1. Who is the named plaintiff in the suit? CACH, LLC. 2. What is the name of the law firm handling the suit? Rather not say, they might be snooping. 3. How much are you being sued for? $2,000.00 plus court cost and interest. I assume this is small claims court. 4. Who is the original creditor? (if not the Plaintiff) G.E. Money Bank>Sound Advice. 5. How do you know you are being sued? Process server at the door. 6. How were you served? To me personally. 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 verbal, only Validation letters. 9. What state and county do you live in? Florida. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Early 2011. 11. What is the SOL on the debt? To find out: I believe 4 or 5 years, don’t know for sure. 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). Served Notice to Appear for Pre-Trial Conference/Mediation. I was served on 10/18/12 and Pretrial Conference is set for 11/13/12 (less than 30 days from time it was served). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? Yes, numerous times and it comes back as verified. 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. After discovering them in the Credit Bureaus I sent them (CACH) letters requesting validation. They never responded. Unfortunately I did not send the letters certified. 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? It doesn’t state I need to respond, only to appear. But I read in Florida Small Claims Court Procedures it states if you are going to counterclaim it must be recorded 5 days prior to the pre-trial hearing. They are claiming Count 1 -UNJUST ENRICHMENT, Count 2-ACCOUNT STATED. I did not receive any interrogatory regarding the lawsuit. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A: Bill Of Sale. Which states in the single paragraph: “For value received and in further consideration of the mutual Covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement dated October 4, 2010 by and between GE Bank and CACH LLC, Seller transfers, sells, conveys and deliver to buyer assigns without recourse except as set forth in the purchase agreement and delivers by seller to buyer on each transfer date, and as further described in the purchase agreement”.. It was only signed by the sellers and nowhere was there an area for CACH to sign. The signatures were dated 1 year later on October7, 2011. There is no mention of my name or any account number anywhere. Exhibit B: Affidavit of Sale from State of Minnesota: affiant stating to be a collections Operations Representative at GE Bank. Affidavit states my name and an account number stating this is my account and it was reflected in the system of GE Bank that this account was sold to CACH LLC. At the bottom above the signature it states “The following statement pertains if the debtor referenced above is a state of California resident (which I am not): I certify under the penalty of perjury under the laws of the state of California that the following is true and correct. It was signed this last June, 2012. Affidavit had no letter head from the Bank, it looks like something I could create. It was also notarized. Exhibit B: 2 bank states, 1 in Feb. of 2011 showing a payment and 1 statement in August of 2011 showing a charge off. Neither statement shows any purchases. I was wondering if I could countersue to have them delete their tradelines from the credit bureaus. I really don’t know how to attack this lawsuit. General Denial? Etc.
  5. 1. Who is the named plaintiff in the suit? A major JDB with initials AA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) A northwest law firm initials JM. 3. How much are you being sued for? About $37,000 4. Who is the original creditor? (if not the Plaintiff) NAVY FEDERAL CREDIT UNION 5. How do you know you are being sued? (You were served, right?) I was served a Summons 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes - according to the table provided on this site. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent me a letter stating that a lawyer hadn't yet reviewed the information, amount I owe, interest owed, federal law requires that they treat me fairly.. blah blah. 9. What state and county do you live in? OR, Deschutes 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March, 2008 11. What is the SOL on the debt? To find out: The debt was obtained in California.. and it is 4 years there. I only moved here to Oregon a couple years ago. 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). Suit served, and I filed my answer denying all except who they say I am and that they sent me a letter. 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 already filed my answer to the complaint and paid the filing fee. I did not receive a questionnaire. 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 at all.. not Affidavits. No statements from the OC, no contract, the complaint seemed like a form pleading. I wanted to chronicle my case with a major JDB with Initials AA (I'm doing this so that someone can't search on their name and find this thread.) I received the summons by some old guy who delivered it to me at my front door. I then hopped on this site to do some research. With the help of this site, I was able to find the court's answer format and was able to write it up and file it today. The clerk complimented me on the the work I had done, but I was thinking.. "Thanks to CreditInfoCenter." Their summons seemed very much like a form pleading. There are 8 paragraphs to the complaint: 1. That Jurisdiction and venue are proper. That Plaintiff (AA) is an lawfully organized business engaged in interstate commercer. That I live in the state and county noted. 2. That the credit union extended me the credit and listed the credit card number masked out except for the last 4 numbers. 3. That I received statements and didn't object 4. That I agreed to make payments and breached the agreement. 5. That more than 20 days before filing this action, they sent me a written demand. 6. That I agreed to pay interest on the amounts borrowed at applicable 9%. 7. Plaintiff acquired the Account from the Original Creditor or its lawful successors-in-interest through a valid purchase and assignment. Under Oregon law, Plaintiff has full right to collect on the Account in accordance with all of the terms and conditions of the Agreement. 8. (And this is incredible) Quantum Meruit. So my Answer denied everything, except for who I am and that they sent me the letter, and that I prayed for a judgement of dismissal with Prejudice. The filing cost me $240, but I figure it is better than getting a complete judgement against me. In 2008-2009 my business failed and I lost everything including my house. I also incurred this debt as it was being used to buy food and pay bills for that year. It killed me to go through all of it - especially since I knew it was hurting my Navy comrades in some way. Anyway.. my questions to the group are: 1. Should I file a motion for discovery now or wait until the pretrial conference in January. 2. Do I need to file a countersuit when I file the motion for discovery? The court clerk said she would be happy to file any motions I wanted to at the time I filed the Answer. 3. Does anyone have an example motion for discovery from which I could glean? Thanks for trudging through this long post and being so helpful to this community.
  6. I have a telephone status call tomorrow in regards to a lawsuit filed against me over a delinquent auto title loan. I've made a couple other posts about this issue on this forum and so far everyone's advice has been great -- thanks so much! Long story short, took out an auto title loan in 05/11, stopped paying 01/12, was sued 07/12. I am still in posession of the vehicle, and the OC (credit union) continues to try to collect the vehicle by employing a skip tracer. I'm in Ohio. Got the complaint, which was simply one paragraph saying that I owed the balance plus interest, with a loan disclosure agreement and voided title attached as Exhibit A and not much else. No contract or detailing of payments made, etc. I sent back a straight denial to the court on 8/27. This is my first involvement in any kind of court case. My telephone status call is scheduled for tomorrow afternoon. Here is what the court's rules say about pretrial conferences: After a case has been assigned to a Judge, the Judge will then set a pretrial conference. The pretrial conference is to review the possibility of settlement, determine the status of discovery, consider the resolution of some issues and, as necessary, to fix a trial date. Further pretrial conferences shall be scheduled as necessary within sixty (60) days, if the case is not resolved or set for trial. Beyond that, I don't know what to expect. I have no legal representation. I'm assuming that this is what the telephone status call is -- the court's website makes no reference to a status call. The letter I received also states that I need to have a trial calendar ready. I'm a bit unsure on the terminology -- I'm assuming they want my plan as to how I'm going to proceed at trial? I have been delaying this issue as long as possible. I am open to settlement. Given that the credit union holds the title, I'm not sure what leeway I have. The amount owed is approximately $3,000.00. The car is in a depreciated condition. It is not worth nearly that amount. I have no attachable wages. Cost according to the court website is $750.00 for a bond of execution for the sheriff to come get it, and then an additional $300.00 appraisers fee. They very well may not recoup that at auction. It is my only vehicle and it will be devastating to me if it were reposessed. I am coming into some money in about three weeks. I could pay it outright to get the title back at that point (though it would destroy my finances). I've mulled over the idea of offering a lower amount to settle, maybe $1,500 or $2,000. Again, with them holding the title, I don't know how receptive they would be to that idea. Ideally I would like to resume payments, perhaps with a large down payment, but only if the credit union agrees to terminate efforts to seize the vehicle. Another issue, and again I'm unsure of whether or not this is admissable, is the abusive tactics of the skip tracer hired by the credit union. He has been verbally abusive with my sister, called her after 9:00 PM repeatedly after being told to stop. He has called virtually all of my family members and neighbors, saying that I am under "bank investigation." He has called every place of employment I have had in the past few years. I don't want to go into tomorrow's call looking weak, I want to raise this -- but I don't want to look like an amateur either. Sorry for the long-winded post, any advice is greatly appreciated.
  7. Blessings ~ ~*~ short of the long ... LOL ~*~ Being sued by Citibank through Hunt & Henriques ~ CA sent notice for validation of debt to H&H received a CCP98 (in lieu of Personal Testimony) with all Citibank Statements attached ~*~ Pretrial Conference on Friday 8/24/12 Trial set for Monday 8/27/12 ~*~ what are my options at this point? THANK YOU IN ADVANCE for your assistance to this situation! ~~~~~~~~~~~~~~~~~~~~~~~ can I still file and send a BOP and send OVERNIGHT Certified RR to ALL Parties ~ CCP1987 ( ~~~~~~~~~~~~~~~~~~~~~~~ also I want those that read this ~ I have come here often and many of you have HELPED ME SO MUCH ... I share your website with All of my Friends and Family ~ it is such a BLESSING!!! Again ~ THANK YOU!!
  8. Hi to all members. I'm new here. I'm being sued in County Court Small Claims Division in Florida. I hope this is not too long or sloppy. I have two matters for query. First Notice to appear for Pretrial Conference/Mediation American Express Bank, FSB Florida attorney filed the suit It's about $2,600 I made the last payment in 2010. They stopped sending statements and cutoff my online access. There's no statement or contract attached. It says a/c# is confidential. This was a corporate account all along. The summons has the Company's mailing address (a UPS Store) but they served it at my home. The case was originally set for 6/13/12, they postponed until 8/22/12. I know that Amex has some robo testimony case they lost 9whatever that is worth). Any thoughts appreciated and thanks regardless. Second This is the 2nd action from Amex. I mediated the first one and raised many issues with their attorney during that and he responded that they weren't all that relevant It was $1,200 and I settled for $25 per month full pay as I couldn't pay the discount terms (btw, I see NCO on each $25 payment stub) and now regret that as the judge initially prior to mediation was very stern in mediating or going to trial and suffering the consequences. I signed the Agreement/Stipulation of the Parties/Final Order Approving Stipulation/Order of Dismissal Case Settled.
  9. So I'm being sued by Cavalry SPV I LLC and here is the previous info about my case. I've been ordered to mediation on August 28th. I need some help getting an idea of what shall be done at mediation and things to look out for. Also I've been given a disclosure statement for, here are my responses: 1. What are the facts support the claim. The Plaintiff has made a wholly unsupported claim for damages based upon the unproven alleged purchase of a credit card debt which Plaintiff alleges was originally defendant's account. 2. A description of the damage(s) and copies of any exhibits that show how you calculated the dollar value of the damages claimed. Bring a copy of these documents / exhibits to any Pretrial Conference which may be scheduled (see 5A below). The Defendant did not make any such calculation. This matter should be addressed by the claimant. 3. What law supports your claim(s): Defendant makes no claim other than Plaintiff cannot make his case. The Rules of evidence, common law, and statutory requirements apply. 4. List of Witnesses Defendant has no intention of calling any witnesses at this time. 5. Documents and Other Information A. Any documents or evidence which would be available for review by the court which supports your claim(s). Bring a copy of these documents . exhibits or a description of the evidence to any Pretrial Conference which may be scheduled. B. Any other information, documents or witnesses of which you may have knowledge, pertaining to this matter. Defendant has no such documents to produce independent of what Plaintiff has produced. Discovery is incomplete. What do you folks think?
  10. Basically, after the court asked Midland to produce discovery on my behalf, all Midland did was send me a few copies of statements of credit cards, and a copy of a supposed bill of sale, which we have already discussed is not enough proof of evidence. Anyway, here is the letter they wrote back after I had filed a motion to compel (for discovery) with sanctions: ~~~ Eric, Esq. an attorney duly admitted to the practice of law in all the Courts of the States of New York, hereby affirms pursuant to CPLR 2106 and under penalties of perjury that: 1. I am an associate attorney with the Law Offices of Cohen & Slamowitz, LLP, attorneys for MIDLAND FUNDING LLC, (hereinafter the "Plaintiff") herein, and as such I am fully familiar with the facts and circumstances of this case, and the proceedings heretofore had herein. 2. Plaintiff submits this Affirmation in Opposition to the Motion to Compel of Stormie (hereinafter the "Defendant") returnable June 1, 2012, which seeks to compel Defendant to answer the court's Discovery Conference Order dated March 7, 2012 and impose sanctions on the Plaintiff. 3. This Court should not grant the instant Motion because Plaintiff has already replied to the court's discovery order on April 1, 2012 see Exhibit "A". (Exhibit A is a bunch of alleged credit card statements that do not show how the balance was acquired. They don't even show my making payments on them, nor anything with my signature) 4. Plaintiff in response to discovery demands sent Defendant all documents in its possession. Any requested information that was not sent, is not in the possession of the Plaintiff. Further, a Plaintiff cannot be compelled to produce documents which are not in its possession. Euro-Central Corp. v. Dalsimer, Inc., 22A.D.3d 793 (2d Dept. 2005). (Where upon review of the moving papers and the responses to the discovery demands, the Court finds that plaintiff substantially complied with the discovery requests. The responses provided were adequate for the defendant to prepare a defense). Striking the pleading and dismissing the case would be inappropriate. 5. Penalties for refusing to comply with an order to disclose is governed by 3126 of the Civil Practice Law and Rules. If any party, refuses to obey an order for disclosure or willfully fails to disclose information which the court finds ought to have been disclosed, then the court may make such orders with regard to the failure or refusal as are just. At the outset, the drastic remedy of striking a pleading is inappropriate absent a clear showing that the failure to comply with discovery demands is willful, contumacious, or in bad faith. Harris v. Cit of New York, 211 A.D.2d 662 (2d Dept 2005). Presently, the Defendant has failed to demonstrate the foregoing. Plaintiff is not failing to comply by a willful action or in bad faith. Wherefore, Plaintiff respectfully requests that: 1) the Defendant's Motion to Compel discovery be denied on the grounds the the Plaintiff has properly answered the court's discovery order by sending all the documents in it's possession, and 2) the costs and expenses of defending against said Notice of Motion be awarded Plaintiff; and 3) the Plaintiff be granted such other, further and different relief as this Court may deem just and proper. Dated: July 3 (funny how they sent this to me a day before our third pretrial conference, which will take place this Wednesday) ~~~ thoughts?
  11. Here is the problem: The complaint is dated April 18, 2012. It was filed with the small claims in FL, Sarasota county on May 9, 2012. The papers were served on June 4th by a process server, but the court docket refects that they were served on June 1, 2012. The notice states that a pre-trial conference is set for June 12th. There is an affidavit by Dianna D. Wiggins, but on the signature line the nameDianna D. Wiggins is crossed out and the name Deanna D. Ulf is written in. Is this affidavit legal? The defendant is a disabled veteran and had previously provided documentation to the OC reflecting that. A Statement of Account provided by PRA is attached. It was prepared by PRA. A Bill of Sale from HSBC is attached to the complaint. There is no contract with defendant's signature. Apparently account was bought in a bundle by PRA from HSBC as indicated on a PRA generated listing sheet. THe amount PRA paid is redacted. A 2 page statement from HSBC is also attached to the complaint. PRA violated the FDCPA by calling defendants friends and relatives. I know that defendant needs to appear in court for the pretrial conference, but should he file a NOA, an Answer to Complaint and a counter claim??? Please help ASAP. Seems to me that PRA didn't give defendant sufficient notice. Can a Motion to Dismiss be filed? Oh brilliant minds out there please help. Thanks.
  12. I received my Final Judgment a few days ago. The Plaintiff could not prove Open Account or Money Lent. The Final Judgment claimed they proved Account Stated. I disagree: The exact words (other than dollar amount) in the Account Stated portion of the Final Judgment are as follows: "The Plaintiff proved that before the institution of the lawsuit, the Plaintiff and the Defendant had business transactions between them. The statement which shows account activity between February 4, 2010 and March 4, 2010 was rendered by the Plaintiff to the Defendant; said statement shows resulting balance of $XXXX.XX (a little over 3600.00). The Defendant did not object to the resulting balance. The court finds the Defendant's lack of objection was an agreement to the resulting balance of $XXXX.XX, and therefore, the Plaintiff proved Count One." Count Two: Money Lent "The court finds that the Plaintiff did not prove the dates of all of the money lent because there was some money lent (pre-December 6, 2004) for which the Plaintiff did not provide statements in evidence. Therefore, the Plaintiff did not prove Count Two." Count Three: Open Account " The court finds that the Plaintiff did not prove the items, time of accrual of each, and amount of each because the pre-December 6, 2004 statements were not submitted into evidence. Therefore, the Plaintiff did not prove Count Three." First off, I never agreed to the total amount, even before the hearing. In fact the first 2 lines of the Final Judgments states: "A Pretrial Conference in this action was held on (in April 2012) and the Defendant agreed she owned the account, but disputed the amount of damages." How could it be stated that I had disputed the amount on one page, then stated the Plaintiff proved Account Stated because I did not object to the final amount? Here in Florida for Account Stated in the Note at the bottom it states: “A copy of the account showing items, time of accrual of each, and amount of each must be attached.” The same thing it stated in Count Three, which the Plaintiff did not prove. As stated in Counts Two and Three of the Final Judgment, the first 4 years of statements were not included. I know I never agreed to the balance. I went to the courthouse on Monday to see the transcripts, but was told that because the Plaintiff requested the court reporter, they would not have access to those at the courthouse. I do know what I said, but cannot prove it. I'm still within the 10 days, so would this be grounds for Motion to Dismiss, or Motion to Vacate Judgment? Does anyone think I may have a chance? Thanks for all advice or assistance I may receive. I appreciate all input.
  13. I'm not a very happy camper right now, lets just say. As some of you know, I had been trying to validate a debt with Midland funding. Long story short, they responded by taking me to court. Well, I answered their complaint, (pretty much denial), and it worked as during the pretrial conference, the judge basically asked them to provide discovery with the following: all the books and records related to my alleged account all the statements of the account showing all payments that were allegedly made proof of assignment Well, a week past the deadline, Midland sent me a package with nothing really, and a stupid letter saying that under the law, they don't have to comply to this. They also provided a bill of sale that doesn't have neither my name or account number on it. So I answered their discovery with a motion to preclude the bill of sale on grounds that it doesn't have neither my name nor account number. So today is the pretrial, and some court assistant to the judge (not the judge) - didn't want to acknowledge the fact that Midland failed to produce discovery because she claims that although Midland didn't provide discovery, the court didn't say what would happen if they didn't provide discovery. Have any of you ever heard of such a thing?? So now, Midland has taken the stance that they want to fight my motion to the bill of sale. They have until June 20 to do this. Midland said they weren't prepared today, and that they needed more time. I objected and said Midland had since 2011, and that they have no reason to file a lawsuit if they didn't already have this information. Instead of listening to me, the daffy assistant to the court set up another due date in which Midland is supposed to answer my motion, *and* another trial date for July. Questions, comments, advice are strongly encouraged!
  14. I am brand new to these forums. I appreciate that there are many resources available on this forum that will be of use to me, and i promise that during the course of this case I will continue reading these sources, however I would also appreciate suggestions rendered specifically for my case. There's a lot of work ahead of me, mostly at this point i'd just like some direction on what to worry about first. I've read a few articles and have some ideas, but i'm no lawyer :/ Pretrial conference set for June 5, 1. Who is the named plaintiff in the suit? Equable Ascent Financial, LLC f/k/a Hilco Receivables, LLC As asigness of Chase Bank USA, N.A (WAMU) c/o Bakkalapulo Law Firm 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Bakkalapulo Law Firm 3. How much are you being sued for? $4,494.80, plus pre-judgment interest, and costs of this suit 4. Who is the original creditor? (if not the Plaintiff) Chase 5. How do you know you are being sued? (You were served, right?) I received a Summons: notice to appear for pretrial conference 6. How were you served? (Mail, In person, Notice on door) letter served to my mother 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? The lawyer, Bakkalapulo called me various times. At the time I was unemployed, and he did warn me he would file suit 9. What state and county do you live in? Miami-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) 2/17/2009 11. What is the SOL on the debt? 5 years 12. What is the status of your case? I do not know, and will certainly be looking in to this 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? no 15. How long do you have to respond to the suit? I don't know. I will upload the complaint shortly. 16. What evidence did they send with the summons? notification under the fair debt collection practices act 15usc1692g,as amended billing statement from Chase bank to me, dated September 2009. Account numbers are blackened, and the bottom of the page says "this statements is a fascimile" Bill of sale from Chase Bank to Hilco Receivables, dated 10/12/9 titled "exhibit 1", three pages, with only one line, including a blackened account number, my personal information, balance, charge off date, contract date, delinquency date, last paid
  15. Hi everybody Ive been looking over post in similar situations like mine but not sure what i should. Im being sued by Cap One by a firm named Pollack & Rosen PA for almost 690 dollars. I have been served with summons/notice to appear for pretrail conference/mediation. I got the summon on may 5 and have to appear to court by may 23. Please help me, of my options, if you can. 1. Who is the named plaintiff in the suit? Capital one bank (usa) na 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pollack and Rosen PA 3. How much are you being sued for? 686.01 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 summons for pretrial conference small claims 6. How were you served? (Mail, In person, Notice on door) In Person 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? None 9. What state and county do you live in? Polk 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) Look on credit report and says 30 days past due May 2009 but i have to credit cards with them and dont know which one it is and the second one 30 days past May 2008 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts From what i have researched its 4 years but could be wrong. 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). 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? Not quite sure 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? 3 pages of Summons 3 Pages of Statement of Claim and My Counts 1 Page of a Copy of a bill from cap one from 2009
  16. I'm in Colorado. I filed an answer for a summons and have a pretrial conference set for June 7th. It will apparently be just me and the Collection Agency Lawyer, no judge. A little background on this case, the original debt was a hospital bill through XXHealth, 2007, for which we got a bank loan in connection with XXHealth. So they were paid. We went 60 days late on the loan pmt, and XXHealth repurchased the loan. They sent a letter in 2010, and I lost track of it and did nothing further. Now a local CAgency has the account, demanding the remaining balance near $4000 plus almost double that in interest and fees. I filed an answer denying the charges, and included a few affirmative defenses. I don't have it with me at the moment but can post later if needed. The summons had no mention of the bank loan, only the OC, XXHealth, the date of the hospital service, and the correct amount that remained on the loan after they repurchased. Last pmt on the loan was in 2010, but I did mention the SOL on Goods and Services, which is 3 years in Colorado, thinking they might look at the 2007 date and dismiss. Not likely, but I added it just in case. If it's just me meeting the lawyer, what should I prepare for? Obviously he will attempt to get me to settle, which in all honesty I would prefer to do. But not for $7000+!! Should I bring my own settlement offer and start with that, or should I refuse settlement and ask for disclosure? Again, I'd rather not go further in court, as I"ve heard here that Medical cases are different and this is no JDB. Thanks for any input, I am learning a lot here, and starting on my road to fixing our debt/credit issues.
  17. I am fighting 2 cases right now. I was "ambitious" and filed MTC-Arb's on both cases (within a short time of each other). One is in Opposition. The other one is unopposed as yet; however, Admissions are coming due on case #2 while the Plaintiff still has time to Oppose. Herein lies the question: How do I resolve avoiding being "Deemed Admitted" while the MTC is pending? Do I 1) Submit Admissions anyway just to avoid the Default? 2) Motion for Continuance on Admissions pending decision on the MTC-Arb? In which case I'd have to serve a copy of the Continuance to the Plaintiff and reluctantly remind them that they need to Oppose the MTC still. 3) "Request" for Continuance on Admissions pending decision on the MTC, in which case I might not (?) have to serve a copy to the Plaintiff. (I'm not sure if there is any difference in a Request vs a Motion in Utah; I just found a hand-written Request in a Utah case -- written by a defendant, and upheld by judge.) 4) Deny admissions based on the MTC: "Deny pending the Motion To Compel"? I should add, this is a relatively easy case for the Plaintiff -- they have already sent me copies of statements beginning with a $0 balance in their Initial Disclosures. I should also add this atty is aggressive and moves FaST! And they mailed a settlement offer simultaneous with the Admissions and Discovery. [The balance is relatively low, and we are toying with the idea of settling. Although, arb would be best as it buys us time.] I initially wrote Admissions as something to the effect of "Defendant Denies. Objects to the request for admission as burden of proof rests with the Plaintiff". I did not send that Answer in the mail yet. Also, after looking at Utah rules I thought my Admissions draft may subject me to further penalty (I posted them below). (Unless I'm misunderstanding the Rules below... which is altogether possible.) I'm pretty sure this is an OC -- and proving their case won't be difficult for them. I am running out of time to Answer Admissions. Thoughts? Court Rules: (a)(2) Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon him. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of Rule 37©, deny the matter or set forth reasons why he cannot admit or deny it. (a)(3) The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. ( Effect of admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission by him for any other purpose nor may it be used against him in any other proceeding. 37© Expenses on failure to admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the party requesting the admissions may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney fees. The court shall make the order unless it finds that (1) the request was held objectionable pursuant to Rule 36(a), or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had reasonable ground to believe that he might prevail on the matter, or (4) there was other good reason for the failure to admit.
  18. Ok how to answer this? All I have (served with summons) is a affidavit and a cc agreement from way way back. Thats it. Thanks BG XXXX County Justice Courts, Arizona XXX Justice Court Address here CASE NUMBER: Plaintiffs) Name/Address/Phone Defendant(s) Name/Address/Phone Attorney for Plaintiffs) Name / Address / Phone Attorney for Defendant(s) Name / Address / Phone DISCLOSURE STATEMENT INSTRUCTIONS: The Arizona Rules of Civil Procedure require that each party share with the other party all information known or available concerning this case. Please refer to Rule 26.1((1), ARCP for more specific information concerning disclosure. This DISCLOSURE STATEMENT provides a format for you to make such disclosure. This DISCLOSURE STATEMENT must be completed and exchanged with all parties within 40 days of the filing of the ANSWER or as ordered by the Court. You should also be prepared to provide the other party with a copy of your disclosure at the PRETRIAL CONFERENCE. The court will notify you of the date and time of the PRETRIAL CONFERENCE when it has been scheduled. During the course of the action, any new information must also be exchanged. Failure to comply could result in any of the following consequences: 1) Dismissal of this case; 2) A default judgment entered; 3) Your new information or exhibits excluded from being presented at trial; or 4) Imposed sanctions. I am the _____Plaintiff _____ Defendant Pursuant to Rule 26.1((1), ARCP, hereby discloses the following and certifies that such disclosure includes all information in his / her possession, custody and control, as well as any information which can be determined, learned or obtained by reasonable investigation: 1. What are the facts supporting the claim: 2. A description of the damage(s) and copies of any exhibits that show how you calculated the dollar value of the damages claimed. Bring a copy of these documents / exhibits to any Pretrial Conference which may be scheduled (see 5A below). CV 8150-107.01 R: 10/27/10 3. What law supports your claim(s): : 4. List of Witnesses List the names, addresses, and telephone numbers of any witnesses, including yourself, whom the undersigned party expects to call at trial (and include a brief summary of their expected testimony). Name Address Phone Testimony 5. List of Documents and Other Information A. Any documents or evidence which would be available for review by the court which supports your claim(s). Bring a copy of these documents / exhibits or a description of the evidence to any Pretrial Conference which may be scheduled. B. Any other information, documents or witnesses of which you may have knowledge, pertaining to this matter. I state under penalty of perjury that the foregoing is true and correct. Date: Signature I CERTIFY that I delivered / mailed a copy of this DISCLOSURE STATEMENT to the COURT AND: D Plaintiff at the above address D Plaintiffs attorney D Defendant at the above address D Defendant's attorney Date: By _____Plaintiff ______Defendant CV 8150-107.02 R: 10/27/10
  19. I was served for an old credit card account with Chase by Equable Asset Financial LLC. The amount was $2,300. I answered the complaint, denying the claim based upon no validity of the debt, no basis for claim, failure of consideration, Lack of Privity, lack of assignment. A pretrial hearing was set. The sock puppet attorney was not authorized to settle, so a court date was set. I requested in the pretrial hearing for plaintiff to provide statements, original contracts, and proof of assignment. Disclosure date was the 10th of January and I received: 1. Name of witness from Equable that would testify to the validity of the debt. 2. My name on the witness list. 3. Generic cardmember agreement (no name or account number) 4. Bill of sale from Chase to Hilco Receivables LLC detailing the purchase of 30,608 accounts. Through my own research, I think that Hilco Receivables became Equable Ascent sometime last year, but no documentation of the name change or merger exists in discovery documents. The bill of sale is not notarized and there is NOT an affidavit from Chase, except to affie that documents are available - such as statements reflecting Unpaid balance, as of file creation date, and applications. NO STATEMENTS, RECEIPTS, LOAN APPLICATIONS IN THE FILING OR IN DISCLOSURE. I received the copy of the disclosure today and the court date is next Tuesday the 24th. Today, I filed a motion to strike the witnesses and the exhibits. Here is the body text: I then also filed a motion to Dismiss with prejudice: These have been filed, so no turning back. I think that since the burden is on them to prove the debt, that they are dead in the water at court. All they have is a generic cardmember agreement and a bill of sale for 38,000 accounts. My name and the alleged account number do not appear on any document submitted. Since the representative from Equable will have no first-hand knowledge of the debt, I should be able to get his testimony thrown out as hearsay. Since there is no record of assignment of the specific account to Hilco (or Equable), that should be inadmissible as well. The generic cardmember agreement is generic and not relative to anything presented so I should be able to get that thrown out. I can't seen to find any Colorado Case law to support these motions, but there is plenty in other states. Can I use those as legal precedent? And Lastly - Am I off my rocker or do these guys have NOTHING.
  20. I received a Summons today from Capital One. I'm supposed to appear on Dec 27 2011. The Amount they say I owe is 1912.37. this is for a Pretrial conference. Can anyone tell me what I'm supposed to do here? I'm not even going to be in town, I'll be away until jan 5th. I'm a single mom and have no resources and am scared. What happens if i can't show up? I only got 13 days notice Thanks 1. Who is the named plaintiff in the suit? Capital one bank (usa) na 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) It's not listed but i looked up the summons on the county website it's Pollack and Rosen PA 3. How much are you being sued for? 1912.37 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Served summons for pretrial conference small claims 6. How were you served? (Mail, In person, Notice on door) In Person 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? None 9. What state and county do you live in? Port charlotte florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure credit report says it was opened 6/2007 11. What is the SOL on the debt? To find out: 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). 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? Dec 27 2011 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. copy of a bill from 2009
  21. I have been served and have been summoned to appear for a pretrial conference. Capital One is the plaintiff and their complaint consists of three counts. Count 1 is (the short version)a breach of contract for both credit card agreement and terms, and the agreed upon statement statement. Total principle due of $3,971.17 together with interest (8% per year aggregate), court costs, reasonable attorney's fees and any other relief the court may seem proper. Count 2 claims that the account was stated, that a copy of credit agreement was sent to me (exhibit A), that I agreed to the balance and terms and that i did not object to the statement (Exhibit . Total principle due of $3,971.17 together with interest (8% per year aggregate), court costs, reasonable attorney's fees and any other relief the court may seem proper. Count 3 states that I received unjust enrichment and financial benefit from their card and that it would be inequitable for the court to retain the value of the funds without repaying the plaintiff the same. ---------- NOTE: This case falls just under the SOL, so I can't defend myself with that motion. I understand Capital One is notorious in this respect. The Complaint was filed by a P.A. but the Plantiff is Capital One. How does this work? My credit report shows the account in question has been Charged Off as bad debt, but never transferred? do I need to confirm the attorney at the pretrial is a legitimate representative of Capital One? Don't I also need to confirm that he/she has the power to settle? Isn't this required under FL Small Claims Rules? I agree that I have had a relation with Capital One in the past. I have even run up the card in the past, exceeding my limit ( in 1998), but was able to fully pay it off in 2002. I have since moved and with continuing hurricanes, slow business, and economic sluggishness I found myself maxed out again in 2006. This time the fees and interest rates were much greater and, making less money, I found it impossible to maintain payments. I stopped payment and communication in late 2006. My credit report shows the last balance at $8,727. At $3,971.17, I am tempted to think I might be getting pretty good deal (especially if we can settle for a bit less), but I obviously worry about interest, court and attorney fees. What might I expect here? The most I could afford for monthly payments would be about $450. Is this an offer likely to settle this matter? I currently make about $25,000 a year. The most I've made in any of the last 7 years is around $29,000 and the least is $19,000. (The $29,000 is only high because of $5,000 compensation I received b/c of the Gulf Oil Spill in 2010). I still have $2, 000 of this in a savings account. should I be concerned about this? While I admit to a relation with Capital One, and I am willing to settle with some sort of a payment plan, should that be my best course of action, I have questions about some claims: 1. Should I ask for the agreement and the statement at the pretrial conference? they are identified as exhibits A and B but were not attached to my summons. Or, would this be requesting discovery, and is that a good idea? Or am I better off just denying the principle amount and "agreed upon" interest and terms, and work for a settlement? 2. How can I assure any additional fees or cost attached to a settlement fee be reasonable? I've heard of a maximum allowed amount to interest in some state courts. Any insight on this? 3. I am not sold on the idea that Capital One needs "relief" from me. A $3,971 debt is nothing to Capital One. They're already written it off and received tax deductions for it. I don't even think I should address any other (government) "relief" they may have already received. In my gut, I know I was negligent in this matter. I agree that some payment is due on my part. I'm not going to use this as my defense or even mention it in conference, but people make bad investments in corporations all the time. I know it doesn't work this way, but I feel like Capital One made a bad investment in me, and it's not going to kill them. Get over it! 4.Count 3 is the most disturbing to me. I used this card out of necessity, starting with hurricane Ivan in 2004, and in the 2005 and 2006 hurricanes and winters. I work in a restaurant and business suffers when the weather is not good. Winters are not good for business either. I only used the card when I had too. I did not benefit in any luxury form the use of this card. I wasn't fun for me. Could it not unjustly enrich the plaintiff if I were to pay? Considering the debt has been charged off? Considering that they've probably gone through more trouble than any of this is actually worth (in $$$ and sense). I don't mean to sound bitter, and I am willing to do what I can to make this right. I would rather settle and "clear this matter up," than go to trial or have a judgment against me. Aside from a vehicle and the $2,000 in the bank I have no assets. I just want to be dealt with fairly on all issues and not be scammed into an even more ridiculous scenario. PLEASE HELP!!!!
  22. I can't thank you all enough for having this forum available. I have been reading various post the past few days and would like to say I am greatful, especially to Trueq , MGO5 and to Linda7 for the information you have provided. On 11/3 I stopped by my girlfriends house to check on her dog(not feeling well) While I was there a process server knocked on door, asked if my gf was home, I responded with NO. He then asked if I was her husband, again I replied with NO. I then explained I just stopped by to check on dog. He then handed me a summons to appear for pretrail conference in her name. He further added that he thought it was frivolous to go to court over such a small amount. State is Florida OC is Capital one Pretrial conference is set for Dec 8 10:45 am Filed by POLLACK & ROSEN, P.A Attached to summons was the first page of agreement dated 6/11/05 no arbitration verbiage And a copy of statement for Aug 2009 Please let me know what other info is needed so you may help me to help her. Thank you,
  23. I'm being sued by Midland Funding over a Capital One credit card that I never owned. However, I made the error of not informing my attorney of the discovery order. When I received the document in the mail stating my pretrial conference date, I mistakenly forgot to tell my attorney that it also mentioned that "Discovery may be conducted at this time." (I should have made a copy of the document and given it to my attorney) Anyway, now it looks as though my answers to the Plaintiff's Request "may" be in default (meaning I have admitted to owning the card). However, as of right now, my attorney is trying to seek an extension from the court. My concern is this: If the extension is NOT granted, do I still have a chance of winning against Midland Funding? Until I made that mistake, my case was looking good.
  24. I already have another topic open, so please let me know if I should consolidate, but I was hoping for a quick answer to this question so I know what I should be doing as far as interrogatories and such. The court clerk told me today that the Judge denied Midland Funding/attorney's request for pretrial conference. She said that it was due to no evidence of somthing...I think maybe no evidence that a pretrial conference will be needed? The clerk was very vague and didn't wan to be too helpful. I'm assuming that the judge is already picking apart their case...or, the case is so clear-cut that it should just go straight to trial. I know I'm probably looking too much into this... Thanks!
  25. I live in the state of Nebraska and haven't really found any threads that are similar so thought to ask but maybe to late for help at this stage. Out of nowhere I was served a summons by the local sheriff on 7/30/11. After reading it and not fully understanding it, I started to do some research and gained enough knowledge to make me dangerous and answered it as follows: Defendant's Answer to Complaint Allegation 1: Admit Allegation 2: Admit Allegation 3: Denied: Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "the credit card" and "the account." Allegation 4: Denied: This request calls for admission of a matter which the defendant has denied and thus it is improper. Allegation 5: Denied: The plaintiff has presented no evidence that the debt is valid or the amount of the debt is accurate. Additionally, the plaintiff has not provided evidence of a signed contract or purchase agreement demonstrating that the alleged debt was made with the plaintiff. Allegation 6: Denied: This request calls for admission of a matter defendant has denied and thus it is improper. Allegation 7: Admit FUTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted. AS FOR AFFIRMATIVE DEFENSES 1. The action is barred by the Statute of Frauds as no relationship exists between the plaintiff and defendant as no contract exists, nor has there been any exchange of money or goods between the plaintiff and the defendant. 2. Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action. 3. The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorneys fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the signed contract, account statements and purchase receipts to prove the amount of the alleged debt and that the amount of the alleged debt was made as a result of a contract between the plaintiff and the defendant . 4. The court would unjustly enrich the plaintiff by granting the relief sought herein WHEREFORE, the defendant asks the Court for judgment: a. Dismissing the complaint herein with prejudice. I then received notice of a pretrial hearing that I had to file a motion to request for a continuance of the pretrial conference due to work obligations and was granted the continuance. On September 14, 2011 I received in the mail a Notice of Serving Discovery advising me I had 30 days to answer. It included Interrogatories and Request for Admissions. Upon doing research, I discovered under the State Statute Chapter 6 under Nebraska Court Rules of Discovery in Civil Cases that a defendant in a civil case actually has 45 days to respond to the requests of discovery and the same is true for admissions. I have not, to date, responded and the pre-trial hearing is tomorrow, October 18, 2011. Based on the postmark of the envelope which I kept, it would appear that I legally have until the 29th of October to respond. I also sent a request for discovery via certified mail and had it notarized. I listed numerous interrogatories, Request for Admissions and Documents to be produced. This was dated September 30 and filed with the court on that date, so I did not expect to receive anything from the said plaintiff prior to the hearing. However, tomorrow is the pre-trial hearing and although I have the pre-trial conference order as to what will happen, it appears at this point that both of us to some degree will be appearing without having received anything from other side and the state of nebraska civil procedure clearly states that the fact that discovery is not completed by the pretrial conference shall not constitute good cause to continue the samem as the discovery deadlines shall be an issue to address at the pretrial conference. So given that I am going without the supposed plaintiff having provided me ZERO proof that they are the owner now of the debt (this is a JDB by the way), what should I say, expect, etc. I requested in my response to the complaint that given that they didn't provide anything when I received the summons and didn't provide any true validation of the debt, I asked the court to dismiss the complain with prejudice - DO I NEED TO FILL A MOTION TO DISMISS or is it too late? Also - I did some of my own investigative research as the alleged plaintiff is Cypress Financial who they indicate in the summons that the account was transferred from HSBC to them. The summons and correspondance has been through a law firm that also pulled my credit report and did an inquiry on my credit report just prior to having me served the complaint. I never, to my knowledge, ever received a dunning letter from either Cypress Financial or the law firm that "is the assigned attorney" for the plaintiff. Their documentation in the Discovery at the end state - This is an attempt to collect a debt and any information obtained will be used for that purpose. So who is the actual plaintiff here then? I asked that in the request for admissions. Ok - so there is the history of where we stand. WHAT do I expect tomorrow? I am a defendant pro se and scared as heck because I don't know what to say, do or expect. Truth be told in that I don't have any records or information to validate if what they are saying is true or not as I went through an ugly divorce several years ago with an ex husband that may or may not have had a credit account in my name. But also being transparent - I had severe and life threatening injuries that resulted in my being unemployed and hospitalized off and on for nearly a full year and could very well have not recalled this debt as I had to move for health reasons and my mail was never forwarded and my medical crisis monoploized my life at that time. So I could be the true owner of the debt - but I really and honestly can't answer if I am or not unless they can provide me details to prove it. Having said all of that - I tried to do research myself with HSBC and they were of little help as they had charged off the debt and sold it to a company called L.H.R. (now if Cypress Financial is the plaintiff, but HSBC said they sold it L.H.R. - doesn't something seem fishy here???) and said I would have to contact them regarding this matter. When I asked how much they sold it for - they indicated possibly 4 cents on the dollar, but couldn't provide an exact figure and didn't have this information available and told me I could write tot their correspondance department to inquire about this, but no guarantee that they could respond. Seems rather odd to me that L.H.R. is the record of the account was sold to, but Cypress Financial is the Plaintiff - any suggestions on what to do with this information? So given this history and that the pre-trial hearing is tomorrow. ANY help, suggestions, ideas, or feedback and guidance would be so wonderfully appreciated it (I can't at this time afford an attorney and am trying hard to manage this myself but it's so overwhelming). Maybe it's too late to ask for help - but anything is better than nothing - so thank you all in advance! Thanks!!!! bluejayjack