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  1. I have to go to court next month in Florida because a Junk Debt Buyer attorney sues me for a Credit card debt. I have already filed my Answer and Affirmative defenses and I went for a pretrial conference a couple of weeks ago and the attorney said he can provide 15 pages of evidence and they are not settling the debt for less than the amount I am sued for. I have received 3 pages of the evidence: Affidavit of Debt or Sale; Bill of Sale; Plaintiff's witness list. I don't know what my next step should be. I have been reading some articles online for striking them all or I can file a subpoena for
  2. We live in MI. Got served summons from AMEX on CC debt by zwicker. Answered summons denied everything, affirmative defenses, discovery, counter sued... the works. So they filed for summary and we didnt show up because we got the notice 3 days prior to the appearence and didnt get the mail in time, but they didnt show up either. Meanwhile we had gotten a letter for Stillman Law Office saying that they were collecting on a debt of .01 and said verify or we'll proceed blablabla. Stupidly we ignored it and it turns out that Stillman is the new law firm and we missed the validation window (we r
  3. Some background -- Being sued in Michigan for ~5 year old CC debt by Shermeta, Adams & Von Allmen. I have a lawyer representing me. We filed an answer. Answer was asking for discovery/validation that I owed the debt. My lawyer figured that they would call him asking, "What's up with this answer?" and we can negociate to settle said debt so as not to go to pre-trial. I get a letter in the mail on Saturday from my lawyer that says pretrial conference is scheduled in July. Looks like SA&VA filed this the day the answer was due back...so, pretty quickly. So, I guess my question is how li
  4. I received a Summons from Portfolio Recovery Associates for an old credit card debt and I filed a response with the court basically requesting records of chain of assignment because they failed to attach a copy of the alleged assignment and asked that the affidavit referenced to in the summons be stricken from the record and also requested the complaint be dismissed with prejudice for lack of evidence and failure to establish standings (they provided nothing at all in the summons other than the original creditor's name and the date they supposedly bought the debt). I also included prior legal
  5. Hi everyone! I have about 7 days to answer a notice of entry of order from Arrow Financial services,llc assignee of washington mutual bank via attorneys weber & olcese,plc. History: (sorry this is long but want to include everything to get your opionions!!) 07/31/2010 received summons and complaint (21 days to answer) -count I: breach of contract -count II: account stated -count III: unjust enrichment Attcmnts received: arrow letter head with date,my name, my former address,arrow acct#,OC acct#, OC name, and supposed current balance. Attcments received: affidavit of account. 08/04/2010:
  6. Served for a pretrial conference in small claims court, me vs. Citibank South Dakota (Zakheim and a$$.) Prior to being served I received no certified mail. The Complaints are - Open Account AND Account Stated, there was an account statement attached, almost a year old with my name and address and nothing more. I showed up for the pretrial and simply stated denied so a court date was set. SO...I have read and read and see some positive threads and some not. My questions/concerns are should I get myself an Attorney to represent me in this or go Pro Se? If I go Pro Se what shoul
  7. My wife is being sued by Gurstel Chargo on behalf of Discover Card. She was served and provided her Answer to the Plantiff's Complaint. She was given the date for the Pretrial Conference, which is tomorrow. She is worried because she also was sent Non-Uniform Interrogatories, Requests for Admissions, Request for Production of Documents, Initial Disclosure Statement and Notice of Service of Initial Disclosure Statement, all of which she did not answer and return. How big of a problem is this and what should she do? Thanks!
  8. This is Arizona Rules of Civil Procedure for Discovery. Can you tell me if I have this right? I am allowed to provide the Plaintiff with 40 Interrogatories, 10 Produce the Documents and 25 Admissions. I am a little confused on the Admissions statement about "25 requests in any case". Please tell me they are not stating that collectively I can only have 25 for all three? I am sure that the last sentence in Admissions means the Interrogatories are separate and I am still allowed 40 of those. As well as the 10 of the Document requests. INTERROGATORIES (a) Presumptive Limitations. Except as p
  9. Husband is being sued by JDB in county court. He was served and then filed an answer to the complaint. Case set for pretrial conference in a couple weeks. Per the court's pretrial, both parties have to complete a Discovery Statement and any request for additional discovery must be in writing. Here is what the Plaintiffs (JDB) have sent us. Plaintiff's Disclosure Their witnesses include my husband and one of their employees. They employee will testify to: Documents they will use: Application (this has husband's name, phone, DOB, SSN & signature on it) 3 statements from OC showing amou
  10. Could not find answer to this in forum. Received summons from Attorneys for noted JBD. Replied to summons and copied court with a letter, in language similar to a DV. Did not respond to allegations in complaint, did not state an affirmative defense. Have I totally screwed myself? Looking through MA civil procedures, I can't find a specific remedy in terms of my ability to amend my answer correctly. There is a scheduled case management conference in very very near future, stated purpose is to "determine trial readiness, conduct early-intervention alternative dispute resolution, deadlines f
  11. Does the defendant, as his own attorney [pro Se], have the constitutional right to participate in person at side bar, chambers conferences, participating in voir-dire, and any other conferences before the trial judge reaches any decision on the matters discussed during such conferences/ side bars? As I understand it the Pro Se defendant possesses the right to participate in such substantive conferences with the court, "to argue points of law * * * and address the court and the jury at appropriate points in the trial." McKaskle, 465 U.S. at 174, 104 S. Ct. at 949, 79 L. Ed. 2d at 131 If true,
  12. 1. Who is suing you? Capital One, via Blatt, Hasenmiller, Leibsker & Moore 2. For how much? Just under $3000 3. Who is the original creditor? Cap One 4. How do you know you are being sued? Received summons 5. How were you served? Were you served? Served personally at home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? With this attorney, none. The last thing I got was correspondence from CA Firstsource, which I DV'd. All they sent me back was one statement from 2006 showing an account owing about $600. That was in January of this ye
  13. I am very grateful with this forum ! On July 19 I received a Subpoena (from Portafolio Recovery Associates ) , They wanted me to provide statements , internal correspondence , I objected everything .(They wanted me to prove their case for them ) . tHE LAWSUIT IS FOR 2,200.00 On saturday I received a Notice of Pretrial conference , The date will be September 7,2010 , They haven't answered my discovery . My questions are : Can I do anything before The Pretrial ? How I can prepare myself ? Thanks a lot for your help
  14. Hello everyone. Here's the short version of a long story. Being sued by Mldland funding in Michigan for under 1500 dollars. I was served with a summons by a process server on what amount to an account stated case. I answered their complaint in writing basically denying everything since I received little from them except a summons and an affidavit that says some random third party to the OC says I owe such and such amount. I filed my own affidavit to counter theirs and submitted a motion to strike the plaintiff's affidavit based on hearsay, shes not an employee of the oc etc. I promptly receive
  15. So, going on about a month ago my lawyer sent the plaintiff JDB lawyer a request for discovery. I figured that since they sent their pretrial statement to us and the court super early that they would reply to our request soon. FYI -- in their pretrial statement they claim that they have a witness --an accountant with Palisades Collection <sorry Palisadaes, I NEVER had an acount with you!>, signed contract <as they put it, "If available">, and various monthly billing statements. We go to pretrial conference on Monday afternoon, and I nor my lawyer have yet to receive any proof f
  16. I was served on 1/14/10 from Capital One (in Small Claims Court) a "Summons/Notice to appear for Pretrial Conference/Mediation" and the court hearing was for 2/10/10. I called the attorneys office and the lady said I would not have to go to court if I agreed to pay $50.00 a month which I also had to sign a stipulation agreement. After I paid the first $50.00 I sent them a letter stating when I agreed to pay I mistakenly was referring to a different credit card and to the best of my knowledge I do not recall ever having an account with Capital One and requested validation.The lawsuit is for $
  17. Admin Proof Arbitration Works ? MG05 / Trueq I guess I should first mention that I found this site while searching for some free legal advice because I was broke and Cap1 had filed 4 lawsuits against us , one against my wife and three against me and at that time the collectors were calling between 15 and 30 times every day . This is going to be a long post so maybe I will do it in 2 posts . I received a lot of good advice from a lot of people on this site , I started by filing a MOTION TO QUASH because we had never been served , a MOTION TO DISMISS because they had presented no proof what so
  18. I filed my papers today, I hope I did it right. 1.) I filed a Notice of Apperance 2.) Motion to Compel ARB with (Exibit A) Discover Card holders agreement and a Copy of the AAA Form. 3.) Sworn denial I did not give them my Ans. & Def., I'm not sure where to look in the Oklahoma Civil Proc. Court's website page to see If I am in trouble if I do not provide the Ans. & Def. before everything gets started. Does anyone know where I might point my search engine to find what I am looking for? OK, I think I found what I'm looking for! But I need some help understanding it all. Can I get a br
  19. Hello, I was served by the Sherrif Dept on Friday night for a Summons/Notice To Appear For Pretrail Conference/Mediation In Polk County,FL for a old credit card debt from Applied Bank. I believe the original card only had a $500 limit and I'm being sued for $1,287 plus interest,costs and disbursements by a Lawyer Firm Pollack & Rosen, P.A. out of Coral Gables, FL. It seems to me this debt was probally sold off before landing in thier hands. What should I expect at the Pretrial Conference? How do I go about disputing the debt and requesting to see the original contract and all the statments
  20. I think I'm suppose to send one but we are both really late on it. I just got the plaintiffs in the mail and here it is 1. Factual Basis of claim: On or about xx defendant opened a cc account with bank visa (or its predecess-in-interest) account number xxxxx, which is now owned by Plaintiff. (never seen proof they own it) Subsequently, the account became delinquient and was closed on or about Nov 2004 (this makes it SOL I believe) As of xx date there was a bal due and owing of $xxxx. There after defendant made a total of $xxx in payments (x pymts $xx) from 2006 thru 2008 leaving a bal due and
  21. The CA attorney filed a motion to appearance to be by telephone for the pretrial conference because they are out of the area. I think I should object to this but not sure what grounds I could use that might hold weight. Any help on phasing the objection would be appreciated.
  22. ok, I got court tomorrow for pretrial conference and oral arguements for my motion to strike affidavit of indebtedness. I can trully say that right now I have a serious case of bubble guts!!!!!!!!!!! I would appriciate any thoughts or suggestions of points I should bring up during the oral arguement
  23. My question is, should I sign this? STIPULATED ORDER TO STAY PROCEEDINGS PENDING ARBITRATION (blank spots here to fill in court name dates and judge name.) The parties hereto, having stipulated to the entry of this order, and the court being advised in the premises: IT IS ORDERED that all proceedings in this case shall be stayed for 30 days from the entry of this order for the defendant to file for binding arbitration and pay the initial filing fee. IT IS ALSO ORDERED that the defendant is to provide written proof to Plaintiff's counsel immediately upon filing for Binding Arbitration and the
  24. Being sued by Cap One. All that is attached to the complaint is a computer print out with name; account number; other generic information in a field marked Placement Information. The next box says Debtor Information. That is all that is attached to the complaint. At the very bottom is a reference note saying https//attorneynet.ncogroup At the pretrial conference, I asked who/what NCO Group is. Their attorney said it's not important, probably just a reference but the law firm follows Fair Debt practices, so disregard. The judge went with this. The judge also said they had 21 days to get
  25. Hello all, This is my first post and I need a little help. I have been summoned to appear in court by LVNV funding llc "assigned" by providian. Debt is under 1500 and I am just sick of them. At this point I wanted to know do I file a debt validation before the court pretrial conference date or what? I am looking for a response date 20- 30 days like I have read about on other post but I can't find one in my summons. It only states that I have to appear on that day with no witness. Do I go ahead and file it with the county clerk where I am requested to show up? Do I actually show up in court wit