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  1. I need some advice. Today a sheriff delivered a summons to appear for Pretrial Conference in September. I am being sued by GE Money Bank for a Lowe's Hardware Credit acct. that was charged off. My last payment was in 10/06 and my balance then was $2100. now they say I owe over $2600.00 plus $750.00 for legal fees. It does not have a questionaire attached. It states the Defendant must appear in court on date specified in order to avoid a default judgment. The Plaintiff must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the plaintiff or defendant shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE. I did send a dv letter to this LAWYER prior to this but was unable to make arrangements because I am still working on paying off 5 other charge offs. We can't handle anymore payment arrangements(although with this we will wind up)My question is do I send in an answer and if so what defense can I use. I do owe money. I am just trying to avoid a judgment. Is there anyway that we can do that NOW???? The forms included with the summons was a letter of assignment for the lawyer or CACH LLC and GE MOney BAnk, copies of monthly bills.Affidavit of indebtedness and certificate of assignment. Any help you can give me would be soooo welcome.
  2. So i read your guys replys to my earlier post where you told me i should first answer the summons. I looked at the summons and it says that i have to go for a pretrial conference. It also says answering the summons or filing any motions will not prevent me from having to show up there. Also , i was hoping someone could tell me if you think the guys who are suing me could win with the evidence they have. ( Their evidence is just a piece of paper, with their HudsonKeyes logo that has my name, the account number, my address on it and says i owe em, no signature or mention of the OC on it ). Im really worried , ive never been sued before.
  3. Here’s my problem: I received a summons and complaint (3/26) with an attached affidavit. The affidavit claims there is an attached statement of account and accrued interest from the statement date. It says they purchased the account with the OC as Citibank and #5424….. The complaint states that the plaintiff is the assignee of the debt as per the attached affidavit of ownership and sale of claim (which is not included). I filed my answer with the court 4/4. In my answer I listed a number of affirmative defenses. Then I received a request for admissions on 4/15. It came regular mail, not certified or delivery confirmation. On 4/17 I received a case management and scheduling order from the court. Under discover the judge ordered: No later than may 16th, plaintiff shall serve on defendant the alleged credit card agreement, assignment of the account to the plaintiff and all credit card statements. Failure to comply may result in sanctions including dismissal. I just received a letter requesting the pretrial conference be conducted by phone (4/24). Where do I go from here? I do not want to admit to their claims without first seeing what info they really have. I would also like to file a motion to strike their affidavit as hearsay, but I’m not sure how to do that? I also have the following concerns: * When I look at my county’s website for filing a lawsuit in civil court it states as follows: 1. Defendant's full, correct name and current address (they are suing me under my maiden name which I could claim I’m no longer that person, since I’ve legally changed my name, but I figured arguing that point would just piss a judge off) 2. Exact amount of claim and dates the claim arose (they have a principal amount and then what they are suing for that has more in interest than the principal and also no dates are included anywhere) 3. A short, complete statement about the claim. Include why the defendant should pay the claim and proof of the exact amount owed. (There is no proof that I owe them anything expect an affidavit from the company claiming they bought the debt from Citibank) * They are trying to sue me for $5500 and under our county/state law they can only sue for 3000 plus court costs. * We spoke with a lawyer before filing our answer and he told us to try and settle. When my husband called they said their client was firm on getting 85% which is 4000 something. But I believe they broke the law by speaking with my husband and not me or my lawyer. * The lawyer who filed the complaint lied about trying to contact me numerous times since I have never heard of their client until I received the summons. I do know the lawyer tried to call twice only because I used reverse phone number look-up and found their website based on that number. The message they left on my machine said this is *john smith and I’m calling about important account information and then left a long distance number to call them at. I also believe this is a violation of Michigan collection law. Somewhere it states a debt collector cannot cause you harm (monetary) to try and settle a debt. *In the complaint they refer to themselves as both an assignee and a purchaser of the debt, which I know there is case law against. *The summons was the first I have heard of the JDB yet they claim they have tried to contact me numerous times, this account also no longer shows up on my credit reports and hasn’t for a couple of years. We spoke with a second lawyer who said he said to respond to the request, go ahead and admit what's true, there's not a lot they can do with it. In the meantime write them a letter with the following: 1) we feel the claim is barred on statute of limitations (attach the letter)--this letter would be a statement from a previous collection agency that lists a last charge/paid date as 11/18/01 (SOL is 6 years)-- 2) tell them you are "judgement proof", you do not work and have no individual assets (he said they can't attach to the house or the cars because they are joint) 3) offer them a lump-sum 4) tell them you are relying on friends and family to help with the lump sum (or payments) He suggested a $1000. He felt they "had a case" but would probably settle knowing they can't win anything from you. Please anyone I could use some advice.... Oh, and I was wondering about submitting my own affidavit and whether that would be of any help to me?? Or a graduated sworn denial and what that is all about? THANKS in advance
  4. Hello everyone. My sister received a summons 2 days ago to appear for Pretrial Conference/Mediation. Below is the information. 1. Who is suing you? Asset Acceptance, LLC 2. For how much? $1050.26 plus $405.53 (prejudgement accrued interest. 3. Who is the original creditor? Bank First 4. How do you know you are being sued? Received SUmmons for Pretrial conference/Mediation 5. How were you served? Were you served? process server 6. What was your correspondence (if any) with the people suing you before you think you were being sued? None 7. Where do you live? Florida 8. When is the last time you paid on this account? She has no idea. The JDB says partial payment to OC was on or about 2/9/03 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Just received summons 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No 12. Does your summons require a response? (Look hard!) No, it just says she has to appear in person 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Assignment and Bill of salefrom one JDB to Asset Acceptance, Card Member agreement with no signature, Billing Stement from Asset Acceptance, LLC 14. What is the SOL on the debt? 4 or 5 years in Florida I spoke with my sister and since I have a little bit of knowledge about this I agreed to help. Plus, she is my sister, how do you say no. Anyways, she said that she had no knowledge of the account. She was married to a low life scumbag for several years. During that time he opened several credit cards in her name and maxed them all out. He paid on some, but then stopped when she filed for divorce. Since the account is in her name only, he probably obtained a card in his name because they were married. She also tole me that she never used the card even if she had one. So none of the sales slips would even have her name on it. How should she proceed with this.
  5. First, let me share how grateful I am to have found this amazing site! I have spent hours pouring over it and I am amazed at the wealth of information available here--I have gained so much knowledge and insight already! Thank you, thank you, thank you. I would really appreciate some further insights on the particulars of my situation... I'll try to be concise while covering the necessary factors: On Jan. 9, 2008 I was served a summons filed with Maricopa County Justice Court in AZ. The "Plaintiff/Judgment Creditor" is Debt Buyers Inc dba Freedom eCapital, Hameroff/Lavinsky Law Firm, P.C. The original creditor stated is Platinum Select. The summons asserts a remaining balance of $2021.68 at a rate of 29.74% from 11/2/2004 ("date of last interest assessment"). Prior to being served, I had no knowledge of this fact, I still cannot find ANY proof supporting their claims. (It's not on my credit...I never received any bills, collection letters, phone calls, etc. until I opened my door that evening to a process server who handed me the documents and bid me a pleasant evening... The summons required me to file an answer within 20 days... Jan. 29th I answered on behalf of myself, asking that the court deny the Plaintiff's claims. My answer admitted to the court's jurisdiction and denyed the rest of the Plaintiff's allegations, stating that the plaintiff is not entitled judgment because 1) I did not extend this credit; 2) The credit Bureau's have no record of it; 3) The Bank has no records of the account; and 4)Visa has no record of the account. I mailed a copy to the Plaintiff's attorney as indicated on my answer. (BTW, 29th was Tuesday, Feb 1 Friday...) On Feb. 1st they filed an "Application and Affidavit for Default Notice and Default" stating that I had failed to plead or otherwise defend within the time frame required by law... to be entered as default if I did not plead or defend 10 days from the date filed. The entry of default stated that I had been "regularly served with process and having failed to plead or defend, and the time allowed having expired, the DEFAULT is ENTERED." [not notarized or signed by clerk or stamped by court or otherwise] ...I also noticed it was filed in Pima County, not Maricopa... (not sure if this matters...) ....I have since received a Notice of Court Date postmarked Feb. 28th, (from Maricopa Justice Courts) indicating that the date of March 31th has been set for Mediation. Enclosed with this notice was instructions that each party share all known info in a Disclosure statement within 40 days of filing the answer, and to be prepared to provide to the other party at the pretrial conference. (I have not done this yet.. nor have I received any documentation from them...) I think this Monday, March 10th, would be the final day it could be filed (???) I did nit file a debt validation as I just learned of its existence, and as I said, I had no knowledge of this "debt" until I was served.... I have not disputed with the credit agencies because it's not on my credit. I tried to track down info on the original creditor, to no avail... I called Visa corporation who told me that the account was with Citibank... I called them and they said the account was not (never was) with them.... There were 2 additional docs included with the summons. One is a statement indicating that a record of the trial would have to be requested in order to maintain the right to appeal. [pretty straightforward...] The second is An Affidavit of Indebtedness. This document both confuses and troubles me... Summary of details are as follows: Clark County, Nevada, "Affiant, R.P., deposes that he is a shareholder or otherwise designate of Debt Buyers, Inc. dba Freedom Capital, [CLIENT] and he is authorized to make the statements and representations herein. .....There is due and payable from me [DEBTOR] the amount of $4,584.74: principal $2021.68 and $2,563.06 in interest, through 9/8/2007, originally owed to Platinum Select... Interest accrues at 10% or at 29.74% if the law allows on the principal amount from (date of last interest assessment) 9/8/2007.... continues to read that the "affiant" holds to be just, true, and due.... and that demand for payment has been made but I refused, denied or neglected.... Debt Buyers, Inc dba Freedom Capital purchased this account and said account was assigned, transferred and set over to Debt Buyers, Inc dba Freedom Capital [file 6251] with full power and authority to do and perform all acts necessary for the collection, settlement, adjustments, compromise or satisfaction of said claim. In the last sentence DB inc, dba FC authorizes the law firm to all necessary acts to collect the sum owed." Closes with: Further Affiant sayeth not. signed by R.P, and notarized on Sept. 8, 2007." [A couple specific Questions: Is this an attempt to alter the SOL? Is this the date they "hired" the law firm? Why would an agency that "assumed the debt for collection purposes" then hire a collections attorney? As to this "Affiant" whoever he is... he can just assert that he knows this to be true and that because he swears it is so and gets Joe Shmo Notary to stamp it...this makes it true? Well, S-H-I-T, I say it isint so... can I get a stamp please? Oops, sorry, I'm just so frustrated......] That is the extent of info/documentation I've received... I think the SOL has expired, as the date on the actual summons indicated 11/2/ long as this date is used and not the one on the Affidavit.... (3 years in AZ...) unless its considered a written contract (6 yrs), but I don't think so. That pretty much covers the background as I know it... Some additional questions I have at this point are: Are the disclosure statements due Monday, the 9th of March? What do I disclose? (I have a copy of my CR's, and the numbers and names of the representatives I spoke to at Visa and Citibank, but that's about it...) Don't they HAVE to show me an application or receipts or statements or something? Is the burden of proof on me or them? Is the SOL expired? Can I/Should I sue? Counterclaim, cross claim, for violations, for damages? If so, would I sue the Credit Card Company, the Collection Co, and the law firm? I realize its not devastating my credit... but it's NOT my debt!!! And to be sued for it without any prior communication..........!!! Do I need to hire an attorney? Any recommendations in the Phoenix area? What should I expect the Mediation to accomplish? Is it possible that I might actually have to pay any of this? Is there any proactive measures I can take at this point to expedite resolving this? Any and all input is appreciated! Truly, LittleFishBigPond
  6. I am answering a pretrial conference worksheet where I am listed as the defendant in an civil case where the plantiff is Cavalry Portolio Services, LLC As Assignee of Cavalry SPV I, LLC, As assignee of Citibank, N.A. (a bit confusing but that is how it is indicated). I originally posted all of the answers surrounding this case in another sticky. I will post this and then attempt to reference or post the latter. Upon answering the Cavalry and etcs complaint, I received this. It has to be returned this week. I sent cavalry via CMRR a debt validation notice and I also disputed such information on my credit report. I was unaware of such until I recieved my creditor report when talking with my home mortgage specialist and then recieving the above summons just 4 days after Christmas. Cavalry didn't respond to my dv notice but validated such information with both EQ and TU. I called EQ and they were unable to determine the MOV and so another dispute was initiated wherein i provided the CMRR info. Citibank is listed as the original creditor. I disputed the account with Citibank and it was deleted because the account information could not be verified. Yet, on Cavalry's attorney's answered pretrial worksheet, he list the following as exhibits: account application, account terms and conditions, statement of account, and invoices.>>>>Now I am in the process of completing the pretrial worksheet and I need help. I believe the SOL on this acct may be expired. Here is where I need help: 1. Nature of the case: 4. Brief summary of what the defendant will prove: (Confused because I thought I was suppose to leave the plantiff to prove that they are obligated to recieve payment, that I owed the debt, and it isn't expired) 6. Defendant(s) witness: (is this where I ask the court to reserve the right to call the party indicated on the affidavit of claim from the defendant; the defendant does not list any witness on his pretrial worksheet) 7. List witnesses for whom subpoenas have been issued. Any not yet served? (or can I still complete subpoena for the above witness and list it here) 10. Defendant(s) list of exhibits and plantiff(s) objections thereto. (any recommendations of possible exhibits I should present if any) 13. List any motions which any party will file prior to or during trial and briefly explain the purpose thereof: Request for Production of Documents (Civil Rule, 34) Motion to dismiss (time barred) 14. List any pleadings which need to be amended: a. stipulations/admission of fact( I didn't submit any facts or defenses when completing my answer to the court... should I resubmit with such here)b. dismissal/abandonment of claims or defenses c. narrowing of contention-what is the court actually being asked to decided (Plantiff answered: Whether Defendant owes Plantiff the unpaid credit card account balance that is the subject of this debt action---any recommendation what I should answer?) d. Issues of law which remain to be decided: e Pretrial Legal Memoranda: I have asked alot because I am so confused. I know that I can help myself. I am just getting so ideas of how other has defended themselves and how they can help me. Any and all help is greatly appreciated.
  7. Hello, I'm new here. I've read alot at this forum and its been very useful. I'm being sued by First Resolution and received summons, went to pretrial conference and asked for validation. The judge gave them 30 days to validate. More than 30 days have pased and i have not heard from First Resolution. Now what do i do? please help. Thanks
  8. Hello all, I am new to this and was praying for some help from someone on these forums. I received a notice to appear in a pretrial conference Erin Capital Management, LLC. I have no idea what takes place and what I should do. The original creditor is Providian. I am in Florida. I am not sure what other information may be needed, but any help would be appreciated. The summons was issued at an old address which I have not lived at in over five years and a nother party who knows me received the paperwork, they informed the people serving the papers that I did not live there and they still left papers on the doorstep with all of my information on them.
  9. So yesterday I recieved a Notice to appear for pretrial conference/mediation. It's from Erin capital management. It's in regards to an old Household credit card I opened in 1999. I got into a tight spot and they were not willing to work with me back then, so the card ended up being charged off in 2004. Then I assume it was sold to a collection agency. What can I expect at the mediation? Should I have a lawyer present? Can I go on my own? The amount they are claming is no where what I should owe or what my credit reports even show. All 3 credit reports show a different balance being reported by Household. The summons says it's for the amount of $2000. One credit report shows the balance of $2000, one shows a $900 balance, and the other shows an $850 balance. I printed copies of all 3 credit reports to take with me to the mediation. I'm guessing thats a good start. If I remember correctly the card had a $500 limit. So anything above and beyond that is probably late fees, interest, and additional money they want to collect. I'm looking for any advice or help here. Thanks in advance.
  10. I hope I am in the correct thread here. I am new at all of this and need help. Last week Sept. 4, 07 I was served papers at my home by a police officer. It is titled "Alias Summons/Notice to appear for pretrial conference/mediation Apparently I have a credit card dept. I vagely remember this particular card. I was going through some major medical things at the time and a divorce as well. This is from at least 6 years or so ago. I have since moved twice and my last name has changed as I got married 6 months ago, which is probably why they weren't able to serve me before, I looked at the court house info online and it looks like they tried at the address I was living at when I was married to my ex-husband. They are stating I owe $1100. It has been so long I dont remember the exact amount on the CC, fees have been added I am sure. Yesterday, Sept. 10,07, I recieved a letter from the collection agency's attorneys stating that a pre-trial conference is scheduled and they would like to speak to me about resolving the case without the need to appear in court and to please contact their office asap. They say to "call today and see if we can resolve this case prior to the hearing date." Then it says the typical "This communication is from a debt collector....." I have read on this site not to call, no proof of an agreement... I have not worked in many years and do not have the $ to pay this amount off all at once. I am still with the same medical conditions as they will not go away and we are a 1 income family (I am remarried, have child). I can afford about $50 per month. I know they will try to bully me and get me to agree to something I can not actually follow through with. I do not understand all of the legal and credit jargon. I was never able to ask for validation since I never have recieved anything from them in the past as I had been moving around and I suppose they found me since my license has been recently changed. I need advise on what to do now. I would truely appreciate it. The court date is set for Nov. 13. I live in Florida if that helps. I can not aford an attorney, if I could, I would be able to afford to pay they amount they say I owe. * The court papers say Palisades Collection LLC, Assignee of Providian National Bank, a corporation and the papers received yesterday are from Rubin and Debski, P.A. When I was served, there was a credit card agreement attached from Providian, but NOTHING with my signature on it. Just the typical agreement they send to everyone. TIA, Candi R.
  11. First off let me begin by saying I reside in Florida. Today, a "Summons to Appear for a Pretrial Conference" on was served to my former residence (parent's home). My father signed for the summons, which I'm assuming makes it legal. The summons lists ESL Federal Credit Union (ESL FCU) as the Plaintiff. Also, included with the summons is a "Statement of Claim" which is signed by "Hiday & Ricke, P.A.", a law firm here in FL. Along with the Summons and Statement of Claim, two other documents were supplied. One is a copy of a credit card agreement from ESL FCU and the other a statement of account. The credit card agreement does not include my signature or anything else to show I agreed to these terms; it is only a copy of a credit card agreement. The statement of account shows lots of information and is pretty confusing to make out (looks computer generated, not a billing statement). I was able to identify some of the information; included is the alleged balance, my name and a former address, a last payment date, and what appears to be my social security number. So far I know I should dispute the credit card agreement on the grounds that my signature is not present. Also, the statement they provided looks like a fax and is not a billing statement. My only worry is my social security seems to appear on this statement. I doubt these two documents are sufficient to validate the debt and plan on sending DV letters to both the attorney and ESL FCU. Other than that does anyone have any suggestions on steps I should take to get this issue resolved? I have about two months before the court date. Also, I am unsure if the CA is suing me or the OC. On the statement its lists the OC as the Plaintiff, but the document is signed by the attorney (CA). It appears the OC is suing and represented by this law firm. How can I clarify? I have read through multiple threads and found lots of good information. However, my head is spinning and I feel I need some advice. Any feedback or advice you can give me would be greatly appreciated. Thanks in advance.
  12. First time poster - I've been reading for about a month. I was served with a noticed to appear at a pretrial conference, for an old BOA card. The account was opened in 6/2001, and was charged off 7/2004. It has changed hands 3 times. It is now with the 361 group. I was an idiot, and never Dv'd because I was in denial. I appeared, stated that I had not received DV, and requested mediation (rather than admit or deny the debt). I have been reading and reading, and as far as I can tell, I am still within the SOL. The original debt was $1300 (credit limit) - now they are claiming 2498, and when I called, it had ballooned to almost $5,000. I believe this is ridiculous, and I am willing to settle or make payments, but not for the 4700 or whatever amount. I am not sure how to progress. The mediation is supposed to be informal, and I have a month to prepare. Any information or experience in FL would be greatly appreciated!!
  13. I received a summons, I live in Florida for pretrial conference for small claims court. There was no questionairre or anything , it stated a motion or answer shall not excuse the personal appearance... This is for two credit card accounts The first one, with Wells Fargo, wasn't really a credit card but one of those checks they send you in the mail and if you cash it you agree to the terms. I have asked for verification of the debt and got only a print out. They sent me copies with the summons of three different assignments, the third being to Asset acceptance. The second assigment is not dated. Does this mean it is not a legal document? On the part where is says, it witness whereof seller has signed and delivered this instrument on the----- day of ---- 2004. There is no date filled in. I would take that as then this is not a legal document transferring the account. Is this correct?The next one was the one assigned to AA They included a copy of a wells fargo contract, with no signature, no name, no nothing and a blank piece of paper with the statement of whoe the debt was with originally and all the other information. They say date of last payment 3/31/06, prior to that date of charge off 8/03. The second exhibit is a bill of sale from target to asset acceptance of a large group of papers. My name is written on the top corner and there is a number under it and my county. There is also a copy of a target contract with three numbers that look like account numbers handwritten on it. These numbers do not match any numbers anywhere.This is a blank contract. They have also included their famous regular paper with the basic info, this is what you owe, principle amount etc. as state by Asset Acceptance. Based on this information, they have not proven that I signed these contracts or proven that these are mine at all. I cannot find the target account on my experian credit report and the wells fargo one has totally different information and account number than what they have except for the date of charge off is the same. What can I take with me to present to them at the pretrial hearing? How do I list what they are lacking? Do I need a legal form to do this? Any help is appreciated. I have previously disputed all my debts on my credit report but don't know if they had the note yet. So previous owners of the note were disputed. No affadavit was attached
  14. About a week ago, I did something horrible. I slept through my pretrial hearing. I had lost my job a few days earlier, and for whatever reason, I slept THROUGH the alarm. Stress, depression? I don't know. But whatever the reason, I really don't want to just give up. I was counter-suing for FDCPA violations, and I had a strong case. Is there anything I can do? Its such a ****ty excuse, even if it is real. I don't know how to approach this. I also got the papers they want you to fill out with your employer and bank information. What happens if I don't fill that out? I'm afraid they're going to go after my husband, even though the debt is from before we were married. As I understand it, in WI your debt doesn't become shared just because you're married unless you continue to accrue it. If needed 1. Who is suing you? - Arrow Financial 2. For how much? - $1600 3. Who is the original creditor? - Best Buy 4. How do you know you are being sued? - Served papers, have attended pretrial conferences. 5. How were you served? Were you served -yes, by mail. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? - A single letter saying they were going to sue offering to settle. 7. Where do you live? - WI 8. When is the last time you paid on this account? - 2002, possibly early 2003 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). - Default Judgement. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. - No. 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? - Already answered. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? - none. Evidence later provided. Copies of cc statements with my name and address. No contract provided. 14. What is the SOL on the debt? To find out: 6 years
  15. Hi everyone, We got a summons on monday morning. I am so confused, I don't know what it means. It's under my husband's name only for a providian credit card that was bought by Asset Acceptance. The plaintif is: ASSET ACCEPTANCE LLC STATE OF FLORIDA-NOTICE TO PLAINTIFF AND DEFENDANTS: SUMMONS/NOTICE TO APPEAR FOR A PRETRIAL CONFERENCE. A small portion of the front page reads: "The purpose of the pretrial conference is to record your appeareance, to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for trail if the case cannot be resolved at the pretrial conference." What does this mean... a) Is this going to appear on his credit report as a judgement? Is it going to be on public records if we settle in the pretrial? c) What do we do/say in the pretrial? We had just increased our scores to the mid/high 600's after being in the 500's for a long time. How bad is this going to be? If it matters, the amount is $2052.24, with $392.81 in interest. Please anyone can give me advice, I'd really appreciate it. Thanks.
  16. I need some help in answering a Credit Card SoL in Arizona. First, I have seen that it is considered an open ended account in almost all websites I have read. Second, I see that the SoL would be 3 years. My wife last made a pmt on this account in Mar 2003. In July 2004 we moved from Utah to Arizona. Utah's SoL is 4 years. My question is which state has jurisdiction and I spoke to an attorney here and he said that credit cards are written contracts (6yrs in AZ)? This is contrary to everything I read. We were served papers about two weeks ago and have a Stipulation of/for Judgment and supposed to have a pretrial conference on the 30th of November. What are my options and can I claim that the SoL has run out on this debt?? Thanks, Greg PS I am named on this judgment and I am not a signer on this account and just returned from Iraq as well. Does the Sailors and Soldiers Act apply in any way regarding this issue as it was filed with the court while I was in Iraq?
  17. Okay, I'm a little nervous because I don't know what to expect. This notice from the court requires that "at least 5 days before the conference, the parties must meet or confer by telephone to discuss the matters specified in Fed. R. Civ P. 26(f) and must complete the attached questionnaire." 1- The parties are just me and the defendants? Am I supposed to intiate the meeting? 2- How do I go about establishing dates favorable to me for the various stages? 3- What else should I do to prepare for this initial pretrial conference? Right now, my plan is to take everything possible with me just in case. 4- Not all of my defendants returned the Waiver of Service and I've commenced the process of having them formally served...if this isn't completed before this pretrial that an issue? Thanks, Nef BTW, this my who are you suing...
  18. Ok... As you may remember me from my previous post, I have something new to ask. At my pretrial conference, the judge set a court date for 3/2/06. He also requested that the attorney for the plaintiff (the CA) furnish me with the original contract with the OC and the contract between the OC and the plaintiff showing the assignment of the account by 2/14/06. I know that if the attorney does not furnish these documents that I may request to have case dismissed by the court for disobedience by the plaintiff of an order concerning the proceedings in the lawsuit. However, I was told this would only be a dismissal without prejudice. Now the confusion.....The attorney sent me a letter stating that they are willing to attempt to reach a settlement. They asked me to contact them or send an offer to settle the account. Should I attempt to settle or should I wait patiently for 2/14/06 and see what they send or don't send me? If they do not send me the information, do I just send the court a request for dismissal based on the grounds stated above? Can I also request that it be dismissed with prejudice because the filing of the lawsuit without the OC contract or the assignment contract would make the lawsuit frivilous and without merit? (or something to that effect) Any thoughts?
  19. Ok...I need a question answered. I received a summons (which was first contact with the CA) on 6/05. I answered the summons and sent a DV to the CA on 7/05. While the DV was still pending, the civil suit continued on...I received a Plaintiff's motion to extend time to conduct discovery on 8/26/05 base on the fact that DV was still incomplete. To my amazement when I went to the court to view the files of the case, the judge had issued a sceduling order on 8/18/05. I did not receive this order. I then received an amended sceduling order on 8/29/05. It set a discovery date cut off of 12/01/05, all motions to be filed 12/20/05 and a pretrial conference for 1/9/05. I received the DV on 12/05/05. The plaintiff filed a motion for summary judgment on 12/12/05. I responded to motion and it was denied at the pretrial conference. At the pretrial I requested to add a counterclaim to my pleadings and was denied because all motions were to be filed by 12/20/05. My question would be....because of the FDCPA law that states that all collection (including suit) must stop until validation is obtained, how or can I use this to my advantage? I did not ask for any discovery nor did I request a counterclaim while I was awaiting the validation. (yeah I know I was stupid) The main question I was wanting to ask is does it make a difference during validation if it is the court that preceeds with the case during the validation stage? Can I object to this in anyway to be able to amend my pleadings and add the counterclaim?
  20. I have been in the process of collecting information for my pretrial conference scheduled on January 9th. I have a few questions. As I pulled my credit report I found where the CA had placed a collections on this account on 3/05. Lawsuit was filed on 4/29/05, served on 6/4/05. Answer to lawsuit was filed on 6/25/05 along with the Answer I sent a DV letter. Validation was sent 12/06. OK. Now I need the help in determining how many violation for a counter suit. 1) The CA updated on my CR 9/19/05, 9/23/05, and 10/10/05 is this 3 seperate violations or is it considered as one? These were all listed while the debt was not validated. 2) While the CA had not validated the debt they filed a response to my answer. They also filed a order to extend time to conduct discovery based on needing to validate. Would these be considered a continued collections without validation and would it be 2 seperated violations? 3) The lawyers for the CA pulled a credit check on my CR on 4/6/05. Is this a violation? 4) Since I disputed the debt in my answer, the CA did not report it as disputed that would also be another violation? Please also advise maybe anything else I might have over looked. I would also know should I sit on all this till the pretrial or should I send a request to the lawyers that list all my counter claims and a request to have case dismissed with prejudice in return for my not filing the counter claims. The CA is asking for an amount of 6856 plus attorney fees. It was brought to my attention that I might need to add that the summons was the first communication between the CA and myself.
  21. If an attorney has filed a motion for summary disposition, do I have to file a motion or answer in response or can I just show up and argue it in court? Also, if there is a trial and I bring up valid defenses and the attorney has no answers, can I move for dismissal then and there or do I have to do something else? Do I have to do discovery for basics like them showing the debt to be valid or would this be assumed that they would be prepared to prove that? Doesnt the plaintiff bear the burden of responsiblity? Do I have the right to ask for a settlement or "case management" conference? I had a "pretrial conference" but the judge didnt ask us to settle it. Lastly, is is legal for a judge to suggest a motion for summary disposition to an attorney in a pre trial conference? That happened to me and it seemed wrong. It was like the judge was saying, "hey file your motion and you will win" to the attorney- is this grounds for anything???
  22. Hello, Can anyone tell me exactly what to expect? I've read many threads here about receiving a summons, or being sued and answering the summons, but this document doesn't have anything to answer.... Is this just a preliminary? I'm sending off DV to CA today....pretrial conference is Jan 5th.... Help!!!
  23. I received a summons and answered it to the court. A pretrial conference has been scheduled. I have not filed the answer to the Discovery in the initial summons within the 50 days required. I did send a DV letter to the attorney suing on behalf of Bank of America. I have not received a response, and it has been just about 30 days. Will I automatically have a default judgement? Can I still file an answer? We may put our house on the market to try to pay off some of these debts, but I do not look forward to the prospect of trying to qualify for another mortgage. A attorney said that I might could personally file bankruptcy without it affecting my husband, since we could qualify for a mortgage on his salary. I don't think this ideas is the "silver bullet" either, as nothing comes without consequences. I am so depressed about all of this. Knowledge is the best defense against the blues. Any advice is greatly appreciated.
  24. Ok, I made a post awhile ago about how to answer a summons and got lots of good advice, which I followed. Now I have a notice to appear for a pre-trial conference along with a pretrial conference questionnaire, how should I approach this??? This is for a old advanta account that is supposidly owned by The Bureaus, I did have an old advanta account but am fighting this on the fact that I have no evidence of the fact that The Bureaus owns it now. Also I have two consent judgements already over two other civil suits, plus still owe the IRS and State OF Michigan over 401K penalty taxes for using my 401k to pay bills during unemployment. So I want to either have this case dismissed with prejudice or make arrangements for the smallest possible payments. Also, I have a question on the other consent judgments that I have. I have been making regular payments to the attorneys that represented citicard like we agreed and have been told that if I stop they will garnish me again which I have no doubt they will. However I never recieve any statement or even any reciept or acknowledgment that they are getting and applying my payments. What do I do continue making payments to these people until I am in a situation where I can make a settlement offer, or will they eventually get tired of getting my small payments and sell me to someone else and I have to start all over again? Anyone out there been through this?
  25. -------------------------------------------------------------------------------- Today I recieved a "Notice of Case Management Conference" in the mail directly from the court. I answered the complaint at the courthouse 2 days ago. Meet in clerks office on April 9, 2003. Here is what it says: Pursuant to Mass.R. Civ.P. and G.L. c. 221, S 62C, counsel for all parties to this action are ORDERED to appear at a case management conference at this court on the above date and time to report on the status of this action. I need help understanding what some of this means, any help? 1. AGENDA. The purpose of the case management conference is to determine the trial readiness of the case; offer and conduct early-intervention alternative dispute resolution; establish deadlines for discovery, amendment of pleadings, addition of parties, dispositive motions, and disclosure of expert witnesses; resolve any discovery dispute and address pending motions; reveiw any proposed case management orders submitted by any party; enter case management orders as appropriate; and assign a firm trial date for cases ready for trial or a firm pretrial conference date for all cases not ready for trial. 2. OBLIGATION of COUNSEL. Counsel shall be familiar with the facts of the case and shall have authority to settle and to select firm dates for trial or pretrial conference. Clients or persons with settlement authority shall be available for telephone consultation with counsel during the case management conference. Counsel shall serve any proposed case management orders and motions to opposing counsel in advance of the case management conference. Counsel are NOT required to prepare any memorandum for the case management conference. Now, some of you are familiar with my case through other posts. To recap, I was served with a summons on 8/29/02. I answered and I sent a debt validation letter. 4 months past and still no debt validation. In the meantime, CA'S attn. filed case w/docket #, but no trial date. I went to court and verified this. I did lose my job of 6 years due to this CA's harassement at work. They also violated every conceivable section in the FDCPA. So my questions are: What do I do at the case management conference? I know to bring my green cards w/paperwork and spears v. Brennen, Wollman paper and myself! Any help on what else I need to do to prepare? Also, do I bring up all of the FDCPA or FCRA violations then? Will that help or hurt me? Any sugestions? What does this statement mean? 'Counsel shall serve any proposed case management orders and motions to opposing counsel in advance of the case management conference.' Thanks in advance for any help that you may have! I all ready posted this but I need as much info as soon as possible before my SOL is up. So sorry for posting it twice. If you can remove my other post and just leave this one that would be great. I don't want to cause any confusion.