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  1. 1. who is the named plaintiff in the suit? National Collegiate Trust 2. what is the name of the firm handling the suit? Patenaude & Felix A,P,C 3. how much are you being sued for? 28,xxx.xx 4. who is the original creditor?(if not the plaintiff) Union Federal Savings Bank 5. How do you know you are being sued? (you were served, right?) I was served 6. how were you served? In person 7. was the service legal as required by your state law? Yes 8. what was your correspondence (if any) by the people suing you before you think you were being sued? I sent them a letter to three different addresses denying the debt in 2013 and asked them to stop contacting me because I believed it was included in my 2010 bankruptcy. 9. what state and county do you live in? Arizona: Maricopa County 10. when is the last time you paid on the account? (looking to establish if you are outside the statue of limitations) Never made a payment; the loan was taken out in 2007 and went into default in 2010 during my bankruptcy. I thought it was included so I started the process of rebuilding my credit. In 2013, I received a bill from them and sent them the letter I mentioned above. 11. What is the statue of limitations on the debt? 6 years 12. what is the status of your case? suit served? motion filed? Answered with a general denial of all allegations on 10/7/2015. Plaintiff filed 1st amended complaint on 10/13/2015. I filed a motion to strike 1st amended complaint on 11/2, citing it was filed without being signed by the attorney, it was not conformed, and plaintiff did not have leave of court (no idea if it was accepted?). Notice of Disclosure statement filed on 11/18. 13. have you disputed the debt with the credit bureaus? (both the original creditor and the collection agency) Yes. I have disputed it every time it shows up on my credit report because I thought it was included in my bankruptcy. I found out recently (after talking to a lawyer) I would have needed to go through the adversary process when I filed bankruptcy, but the bureaus have removed it every time. 14. did you request debt validation before the suit was filed? No. 15. how long do you have to response to suit? I already responded. I am looking for advice on whether I should continue to fight this (it's subject to compulsory arbitration) or try and settle. I have been advised my current life situation makes me collection proof, but I have a little bit of a 401k I can cash out to settle this if I absolutely have to. I am in a master's program that will have me unemployed for the next 3.5 years, but I don't want to worry about a judgement following me around. I also don't want to cash out a protected asset to settle a debt I thought was discharged. 16. what evidence did they send with the summons? an affidavit? statements from the oc? contract? list anything they attached as exhibits. The first set of documents I received contained a summons, certificate of compulsory arbitration, plaintiffs complaint citing "breach of contract," "open account," and "account stated" with nothing attached. There was NO account number listed in any of this and the plaintiff referred to it as a "line of credit." ​The amended complaint just lists "breach of contract" and the description is changed to "loan for academic purposes." Attached was the "note disclosure statement" and "non-negotiable credit agreement" from the original creditor with my signature. They also attached what looks like a very generic "pool supplement" because none of the information is specific to my account. It lists three people as "witnesses" to the agreement but the names are typed out and there is no physical signature. The amended complaint was not signed by the attorney, it was not conformed by the court, and it was filed without leave of court based on the date I responded.
  2. I need some help with my reply brief for a Motion to Dismiss or Compel Arbitration. Here is the background: Card was originally issued by HSBC in 2008 and assigned to Capital One in 2012. I have used the card and made payments since the card was assigned to Cap One in 2012. The debt is approx. $3k. I was sued by Cap One in November in Az Justice Ct. After reading the forums here, I filed an Answer along with a Motion to Dismiss or in the alternative a Motion to Compel and Stay Proceedings. Basically, I argued that the 2008 HSBC agreement include an arbitration clause and I was invoking my right to arbitrate (and sent a notice letter to them stating I was invoking arb. provision). Cap One responded today and argued the when Capital One bought the account they issued a new cardholder agreement that didn't include arbitration. As part of the response, they produced the Cap One letter addressed to me that included the new card and a reference to that says "enclosed is your new customer agreement..." but not the new agreement. A separate exhibit included the new agreement. Reading these forums, the recommend response is to invoke the survivability clause in the HSBC agreement but I am confused about what to say. Here is the HSBC survivability clause: "The arbitration agreement shall survive termination of your account as well as the repayment of all amount borrowed hereunder." But the agreement also include the following modification clause: "We may change or terminate all or part of this agreement or add new terms at any time..." Whole HSBA agreement: http://www.cardmemberagreements.org/wp-content/uploads/2012/08/2008-HSBC-Agreement-with-AAA.pdf How do I argue the survival clause in light of the modification clause?
  3. I'm attempting to clean up my debt rather than declare Bk, and I recently pulled my credit report and found an that a CA is reporting an old debt as current almost monthly. The date of my last payment was in 1/2010. The debt originated at a sporting goods store in Montana where I applied for a credit card. I was in Montana on a temporary work assignment, but lived in Arizona. I have since moved to North Carolina. The SOL in each state is as follows: Arizona (Where I lived at the time I got the card): 6 years (Changed in 2011), but was 3 when I entered into the contract (2009), as well as when I made my last payment and the debt became delinquent (2010). Montana (Where I opened the card): 5 years North Carolina (Where I currently live): 3 years Nebraska (Location of the original Creditor): 4 years What should I do about the continued reporting as current by this CA, (I looked but couldn't locate a letter to send)? Which state holds the SOL? If it is Arizona, did the new statute automatically supersede the prior and now make the SOL 6 years on my debt? Should I send a validation letter? Thanks in advance!
  4. For anyone not familiar with my case, you can read up on it here: http://www.creditinfocenter.com/community/topic/321144-sued-by-jdb-cavalry-in-arizona-lost-on-plaintiffs-msj/ The short version is Plaintiff filed an MSJ in August of 2013. The court denied that one. I filed a MSJ in February 2014. In response, Plaintiff filed a cross-MSJ with the same arguments from their original MSJ (that was denied) but the cross-MSJ was a much more brief version thank the original MSJ. The court granted their cross-MSJ. So that is where I am. I do not have a final order of judgment yet, but I will be filing the required notice of appeal once I get the final order of judgment. I don't know what the justice court appeal fees are yet, but I don't think I can afford them. There was no trial, and therefore no audio recording to prepare, so maybe the cost from justice court will be lower. It looks like the fee once the case gets to superior court is going to be $300. UGH! No way can I come up with that. There is also a "cost bond" to cover Plaintiff's legal costs. I have no idea how that is calculated, but I'm sure I can't afford that either. The good news is I can request a waiver or deferral of all of the fees. Just when I was getting my hopes up that Plaintiff would be dismissing, it looks like we're just getting started. This is unreal..... Edit: I used info from a variety of sources when I appealed. The following proved to be the most informative and helpful. The first one is a walk-thru that explains timelines and what all needs to be filed and where. The second one is a packet that has forms and fills in some info gaps from the walk-thru. The third one is the general "right to appeal" form the court gives you when you lose. It's sort of a shortened version of what's required to get the ball rolling. I don't know how often these are updated, but the fee info is not right on at least one of these so plan the fees being 10-15% more than what's stated in these documents. https://www.azcourts.gov/Portals/34/Guides/Superiorcourtljccivilappealsudated.pdf http://justicecourts.maricopa.gov/HowTo/CV_Appeal_packet.pdf http://justicecourts.maricopa.gov/CaseTypes/CVForDetAppealInfo.pdf Notice: I appealed a Justice Court case to the Superior Court. If your case started in Superior Court (debt >$10,000) there is a different process for appealing. You can find the info here: http://www.azcourts.gov/Portals/34/Guides/ProSeGuideCOMPLETE(Amended12-12).pdf
  5. Im being sue by Dickinson Financial, LLC. For a Debt that was from USBank After reading afew post from others users, I believed SOL applies. I stop paying the credit card Mid. 2008 and got charge off on Sep. 2008. IF THIS IS A CARD THAT I HAD The balance was around 3-6K I don't recall correctly. Even thought here in Arizona Credit Card is 6 years Now, after a new law got pass on Late 2011. I need help, so what ever you could help me with I will be very grateful. Down Below I pasted the Lawsuit, I got till 29-30th to Response, Im not sure how to reply to this. IN THE SUPERIOR COURT FOR THE STATE OF ARIZONAIN AND FOR THE COUNTY OF PIMADICKINSON FINANCIAL LLC,CaseNo.:Plaintiff,vs. COMPLAINTCRASH X,AND JANE DOEDefendant(s),____________________________________ __________________________Plaintiff, DICKINSON FINANCIAL LLC,for its complaint against Defendant(s), allege as follows:1. Plaintiff is informed and thereon believes, at all times material hereto,Defendant(s) is/are residents of PIMA County. The amount in question exceeds$10,000. This honorable court has jurisdiction over the matters contained herein and thevenue is proper.2. Defendant(s) CRASH X, AND JANE DOE, upon information and belief,are or were husband and wife at all times during the events giving rise to this action.Defendant(s), upon information and belief, at all times acted for the benefit of themarital community.3. Prior to filing this action, Defendant(s) opened an account withUS BANK, agreeing to make payments forpurchases charged to the account, as required by the card agreement.4. Plaintiff is the successor in interest of said account fromUS BANK, having purchased said account in theregular course of business in good faith and for value.5. Defendant(s) did make purchases and charged the same to the account, butfailed to make the required payments necessary to the account.6. The balance remaining due and unpaid at the time of filing this Complaint is$12137.65.7. Plaintiff declared Defendant(s) to be in default and demands payment of thebalance due.WHEREFORE, Plaintiff, DICKINSON FINANCIAL LLC,respectfully requests this Court enter judgment against Defendants in the amount of$12137.65, plus court costs, plus interest to bear at the legal rate from the date ofjudgment. Plaintiff requests this court enter any and all further relief it deemsappropriate under the circumstances.DATED DEC8 2013Blatt, Hasenmiller, Leibsker & Moore, LLCIN THE SUPERIOR COURT FOR THE STATE OF ARIZONA.docx
  6. Sued by: Midland Funding via Target Amount: $5617.36 (charged off with Target at $3500.00) Current state: Arizona I was summoned yesterday and was told that my husband would have to appear in court also (unless he's active duty military). He used to be military and now works as a contractor overseas and I only see him 4 times a year for 1 month at a time. What's going to happen? He's NOT able to come home unless it's within his approved days. This debt was charged off before we married. Does that make a difference? Update: Searching through, I've figured out this answer. It doesn't matter when the debt happened, the state is going after both of us. Also, I'm looking into the Discovery Process. From what I understand, it's asking them to produce documentation that they own the debt. I've heard they rarely have all the needed paperwork and the case gets dropped. Do I ask for this in my answer letter or is that separate? In the event of the case getting dropped... does that mean that the lawsuit is over and I no longer have to pay or just that the lawsuit is dropped? With my husband working overseas, paying this off was our goal come December. I'm not looking to get out of the defaulted loan - just the lawsuit. Thanks in advance!
  7. Hi Any advice? here are the basics Sued by Cavalry Served July 28th. . .. had 20 days to answer Provided answer on the 20th day (August 18th) Last day was Aug. 18th based on calculations made following court rules here in Pima. I also sent them the Answer certified mail. The Answer also showed on the court website minutes after paying the fee and filing. Certified the mailing on Aug. 20th. (Makes me think they did not even look at the court website to see if I answered) I received a copy from their offices today (Aug 22) I have ten days excluding weekends and holidays (according to the justice court rules) to Answer. . .. . My questions are as follows: How best to answer this? should I use a format similar to the original answer? Did they make a misstep in filing for default. . . .if so. . .how do I best exploit it? Has anyone had experience in the Pima county justice courts with fighting JDB's? Any advice or suggestions would be very helpful Thanks
  8. Hello Everyone! Like so many, I'm being sued by Midland Funding. I would appreciate any help you all can offer. The process is overwhelming and I could definitely use the support. I've completed the questions below and have also included my Answer. One thing to note with my case: It took them 3 1/2 months to serve me so the courts entered a Pending Dismissal pursuant to Rule 4(i). That's why I did not file an answer right away. Does anyone think this makes a difference now? Is dismissal still possible?? Thank you very much for your time!! You all ROCK!! (No pun intended with the Gem Show in town!) 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Jerold Kaplan Law Office 3. How much are you being sued for? $7,564.00 plus fees/costs/interest 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes, served on 12/30/12 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Pima County, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2008 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? a) Complaint filed: 09/18/2012 Notice of Impending Dismissal Pursuant to Rule 4(i): 12/18/2012 c) Served In Person: 12/30/2012 d) Application Default: 01/30/2013 d) Entry Default Judgment: 01/31/2013 All of this information is also on the Pima Justice Courts website. 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? This is the exact wording on the Application and Affidavit of Default that I received in the mail: Unless an answer of response is filed within ten (10) days from the filing of the Application, the Default will become effective and the entry of a Default Judgment will be requested. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. a) Affidavit CC Agreement MY ANSWER Defendant, appearing Pro se, replies to the complaint of the plaintiff, Midland Funding LCC as follows: All answers correspond to the numbered paragraphs of the complaint. All allegations of the complaint are denied unless expressly admitted herein: Answer to paragraph one of complaint: The defendant admits to being a resident of Pima County, State of Arizona. However, the defendant denies the rest of the allegations made in paragraph one because the defendant has insufficient evidence to determine whether the statements being made are true or false. Answer to paragraph two of complaint: The defendant denies all of the allegations made in paragraph two by Midland Funding LCC and/or their attorney(s) Jerold Kaplan Law Office because the defendant has no knowledge of who Midland Funding LLC is and no recollection of the alleged debt. Defendant prays this case be dismissed along with any further relief the court deems just and proper and with costs adjudged to the Plaintiff. I certify under penalty of perjury that the foregoing is true and correct. By the Defendant acting Pro se Dated Signature Defendant CERTIFICATE OF MAILING I CERTIFY that I have mailed a copy of this ANSWER on this same day to Jerold Kaplan Law, (plaintiff’s attorney), on and Pima County Justice Courts. Dated Signature Defendant I've already used the information from other posts; Thanks again!!!
  9. I am in need of some advice. Can't quite find what I'm looking for so I will hope someone can help. My question is when it comes to discovery. I am being sued by Cavalry SPV I, LLC in Arizona. OC is B of A (FIA Card Services). I don't see where they have offered into discovery the original credit card application, or the language therein of the option to assign the debt. Not that I am going to bring this into discovery, but is this where I object for lack of standing in a trial? The debt has been through numberous hands at this point, and I thought they had given up when Cavalry reared their A$$ ugly face. I have to submit MY discover this week and aside from entering what they did, and myself, not sure what else there is for me to "discover". Their discovery includes a generic "Bill of Sale and Assignment of Loans", which there is no link to the debt in question, and on a second sheet, generic details of the account, identifying acct #, my name, amounts, OC, dates, etc. Last, my assumption as this is credit card debt, with a LPD of more than 4 years ago, the SOL applies due to the new AZ HB 2412 which add credit cards to the type of debt with a 6 year SOL. Regarding this, should I use the three year SOL as the law infers that before 4/11/2011 (as the language specifically states HB 2412 "ADDS" credit cards to this type of debt). This is a fairly recent clarification, and I am hard pressed to find any judgement that excludes grandfathered credit card debts. Is there any way to argue the change of law should not affect this debt as the said debt was originated and incurred priod to the change in law? Last, I have documentation of contact from a different law firm collecting on the same debt, this is after Cavalry bought the supposed debt. What can I ask for in regard to the chain of assignment for this debt? Just not sure how should approach this. Thanks in advance!!
  10. 1. Who is the named plaintiff in the suit? Cach, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Neuheisel Law Firm 3. How much are you being sued for? 9k 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) At front door 7. Was the service legal as required by your state? I believe so 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? Letter requesting dv 9. What state and county do you live in? AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2011 - still within sol 11. What is the SOL on the debt? 2014 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). did summons, did answer, now in discovery: was sent req for non uniform interrogatories and also Req production of docs and also Req for admission of facts and non uniform interrogatories. All in same packet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, not yet....too late? 14. Did you request debt validation before the suit was filed? no Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 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? august 12 and yes 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. Bill of sale, statements with my name and address, something that looks like part of my credit report, terms and conditions 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I have read through like threads for months and have learned and understood much of how to respond to most of this req for info however, I need assistance responding to some specific items. I did post a question a couple of days ago but it was under a similar thread and no one answered it so I thought I better just open my own thread at this point. Here are some questions I am having difficulty with: REQUEST FOR ADMISSION OF FACTS AND NON UNIFORM INTERROGATORIES 10. Admit that Plaintiff is the successor in interest to wells fargo bank with regard to the credit card acct #XXX. See Bill of Sale attached hereto as Exhibit C and incorporated herein by reference 11. Admit that plaintiff as successor in interest to wells fardo bank is owed at least 9k pursuant to the bill of sale, which is attached hereto as Exhibit C and incorporated herein by reference. and then the following questions on same Request: 15. admit the original creditors credit card acct appear on Transunion credit bureau. See copy of your credit bureau attached hereto as Exhibit D 16. Admit that you never disputed this acct with any of the three major credit reporting agencies. 17. admit that you have provided Plaintiff with no doc supporting any affirmative defense against the Plaintiff complaint in this action. OK, so 10 and 11 refer to the bill of sale that looks like it was copied a hundred times with no ref to acct in question except as an Exhibit A. I already plan to file a motion to strike this from being admitted as evidence from what I have read about it's being heresay. But I am not sure how to word it properly, all I have written is that I have filed motion to strike this. Is this all I need to say? do I file this same day I take my responses to court clerk to file that? As for the other questions, no I didnt check or dispute my credit report for this because I didnt know it was there and as a knucklehead dont check my credit report as often as I should, apparently. so can anyone help me with how I should respond to these questions? I've been working on this thing for weeks and now I'm getting incoherent and will probably pass out very soon from lack of fresh air. Some one please help? (ps if anyone needs to see any of the docs I can attach just let me know what you need to see) .
  11. Hi, hoping to get some advice... I am currently being sued by a JDB in Arizona for an amount that is under $800 with their attorney fees. I responded by denying knowledge of the debt and provided a request for production which they have not responded to. A mediation was set up for a week from now, and I received a letter that they sent to the court titled "Plaintiffs motion to allow counsel to appear as sole representative: motion to appear telephonically". After reading through numerous posts, I know that at trial I do not want them or their witnesses to appear by telephone. But how about mediation? Should I care or just for trial? It does say that "plaintiff believes that all court appearances be heard in 15-30 minutes and that Plaintiff's representative/ custodian of records could appear telephonically without predjudice to either party". I am worried that if I do not contest this, that it may transfer to trial, so should I respond that I have a problem with this? If so, how should I do this? I could not find a form/example of a similar situation. Do I need to list law(s)/other trials since it is just a mediation? I have just a few days to respond. I am also curious if anyone knows, in general, a JDB breaking point (financially)? I am wondering if I should just throw out a number during mediation ($100) just to save myself time. Thanks in advance
  12. I am hoping I can get some advice here, still not completely sure how this whole process works. I am being sued in Arizona. In my county, my initial response did not require me to list affirmative defenses or go through the admit/deny stage right away. I responded, and also sent a request for production. I got a huge packet today that includes every statement of the account. The account has been sold 5 times. Included in their response are all of the bills of sale (my account not listed, just the total dollar value of the collection of accounts), an affifavit of indebtedness, all of the account statements (which includes an annotation that the account number was changed multiple times over the course of the account), and a blanked out Excel table with an account number- not sure what that goes to. The statements are intimidating, I have to admit. It makes me feel as if the battle is already lost. I guess after reading through a lot of the forums, I honestly thought they wouldn't be able to produce these. I have also received a Request for Admissions, however, these pages are literally just "admit" or "deny", and no room to write comments. Should I not use their form and re-type all of them with comments? The next set are Notice of Service of Plaintiff's Non-uniform Interrogatories. I was planning on using similar posts to figure out how to answer these. Any thoughts/ideas would be much appreciated! Thank you in advance
  13. Here is my original post, but since this is slightly off topic, hoping to get a general idea of what I should say tomorrow during mediation. http://www.creditinfocenter.com/community/topic/321089-they-responded-to-my-request-for-production-feeling-overwhelmed/ JDB will be participating by telephone. If anyone has sat through a mediation, please let me know what you said and how it went. I don't want to "reveal" all of my cards that I am planning on using, still working on providing disclosure statement, answering requests for admissions, and interrogatories. So as of now, the JDB hasn't received these. So, should I just sit there and say, "They haven't proven standing on this debt" or should I fully participate and offer them $10, and go up by increments of $1 until I reach $25 or what? I mean, I am totally down for settling for $25 Thank you!!
  14. Thank you in advance if anyone reads the facts of this case and offers input. I am being sued in Arizona by CACH, LLC (represented by the Law Office_______ for a little over $3,000. They are within the Statue of Limitations in Arizona for this debt. (I put in bold the actions I have taken, and questions I'd like to emphasize to make reading through the facts easier) I was served with a summons and I answered immediately simply requesting further debt verification; I did not verify or agree that I owed the debt. I filed a signed/notarized request with the court for the debt verification, and sent a copy of the filed document (registered mail/return receipt) to the attorney's office. My request was as follows: "I request your offices provide evidence that I have any legal obligation to pay you. Please disclose what the money that you say I owe is for, how you calculated what I owe, copies of documents that will show I ever agreed to pay what you say is owed, the original creditor, proof that the statute of limitations on this debt has not expired, proof that you are licensed and authorized to collect debts in my state, your business/collection license numbers and registered agent, proof that your company owns the debt and/or has been assigned the debt that you say I owe, complete payment history starting with the original letter with an explanation of any and all fees that have been added to the original debt, and a copy of the original and signed credit application that established a debt between the original lender and I." I also filed a graduated Sworn Denial letter (in response to an attached Affidavit from employee of the OC) which stated: "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount". In response, I received the Plaintiff's Disclosure Statement Rule 121. The documents the Plaintiff has are as follows: 1. Affidavit of Claim and Certification of Amount Due - -This document is signed by an employee of the original creditor; she is listed as an auditor. -It lists CACH, LLC as the owner of the account and references the date sold. -The account number is listed and indicates the balance due that showed on the books and records, and the last payment date is referenced as well. 2. A copy of a monthly statement from the original creditor which indicates the account number, name on the account, and balance due. This is not a list of transactions for purchases. There is no information of any kind on the document as to how the balance due was configured. It also indicates that the debt was a CHARGE OFF and references the date. 3. Interest Charge Calculation statement referencing the account number, name on account, and balance due. No interest is noted (the statement claims "Yes" under Interest Free Period) 4. Copy of a credit card contract from original creditor, unsigned by defendant. 5. Account Information Report - This document indicates the Debt Provider (OC name), account number, debtor information including SS#, address, and phone, and the placement (debt) amount. 6. Bill of Sale and Assignment of Assets - signed by the Director of Collections and VP of Recovery from the OC. The Lot No., No. of Accounts, and Balance (blacked out on my copy) are referenced. 7. A "Tape" which is followed by a printout of the actual Lot No., account number, name on the account, social security no., address, and phone nos. for defendant. I came across this website which offers valuable information to fight this lawsuit. http://hanavee.hubpages.com/hub/You-Can-Beat-Credit-Card-Debt-Collectors Are these tools I can use in court to fight this case, if not, which ones are not valid for me, and why? My concern is in not fully understanding Arizona law in regard to debt collectors and what will be accepted as legal evidence to the plaintiff's case. Can I request for the signer of the Affidavit of Claim to be subpoenaed as a witness? I have read that I am allowed to do this, but are there any loopholes that the Plaintiff can use to get around that individual (who is in another state) from being present to testify. Also, The Plaintiff listed the following names as potential witnesses: Magic West, Victoria Mason, Christie Coston, Angelica Martinez, Catherine Potts, and "Other authorized representative of CACH, LLC". I Googled those names, and apparently they are noted on many of CACH, LLC's lawsuits. I am uncertain as to how these individuals have "personal" knowledge of the account trying to be collected upon. Also, is it legal for CACH, LLC to collect upon the account for MORE than they paid for the account? Am I allowed to request documentation of what they paid for the account to be disclosed before a trial is set, or at the trial? In general, what is my next step? I typed up a Request for Production document asking for more specified information on the account. It states: 1. Please produce any credit application signed by Defendants. 2. Please produce a copy of the executed contract in US Bank’s possession setting forth the terms Defendants are alleged to have agreed to in connection with the card at the beginning. 3. Please produce a copy of any modifications to those terms specifically agreed to by Defendants. 4. Please produce a copy of all statements from the beginning of time to present. 5. Please produce detail regarding alleged charges by amount, type, and date. 6. Please produce evidence of all payments received. I appreciate any help I can get! Thank you~
  15. Hello everyone! OK, so I think I'm ready to send my responses but would love some feedback. Also, should I send my Request for Production of Documents along with responses or send separately? Thanks in advance! COMES NOW the Defendant, appearing pro se, hereby makes the following responses to Plaintiff’s Requests for Admissions, Interrogatories and Production of Documents, as follows: 1. STATE YOUR FULL NAME, DATE OF BIRTH AND SOCIAL SECURITY NUMBER. The Defendant objects on the grounds that the information sought is harassing, irrelevant, and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. 2. LIST ALL OTHER NAMES BY WHICH YOU HAVE BEEN KNOWN. I have been known by no other names in the course of business to my knowledge other than my legal name. 3. STATE YOUR PRESENT RESIDENCE ADDRESS, HOME PHONE NUMBER AND CELL PHONE NUMBER. Defendant objects on the grounds that it seeks information that is invasive of the Defendant’s privacy and is irrelevant to any issue in this action, information not calculated to lead to the discovery of evidence, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant. The Plaintiff's attorneys have used a document server to deliver the previous action to the home of the Defendant. The request for the present address is redundant, and the request for phone numbers is invasive of the Defendant's privacy rights. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents, or information already in Plaintiff's possession. 4. FOR YOUR PRESENT SPOUSE AND FOR EACH FORMER SPOUSE, STATE THE FOLLOWING: I am not currently married. Defendant objects to most of the requests made in this interrogatory question. “Former spouse” is not John Doe LoManto and if another real and alive party is a party in this suit, then Plaintiff should name them. If any other party is implied in this proceeding, the Plaintiff should declare as such so that sufficient time may be allotted to locate, contact, and request documentation or statement from any previous spouse implicated by the Plaintiff in this proceeding. If the court requires, I will provide the date of any previous marriage and the date, place, and manner of dissolution or termination of any previous marriage. 5. IDENTIFY AND ATTACH ALL DOCUMENTS IN YOUR POSSESSION DEMONSTRATING THE DATE OF YOUR MARRIAGE. The Defendant references the previous argument and response in interrogatory number 4, and will submit to the court any and all documents in my possession regarding Plaintiff's request number 5 if the court sees a valid reason for doing so, or the Plaintiff provides a valid reason or person implicated and the court agrees. Otherwise, the request appears to be invasive of the Defendant's privacy rights. 6. IDENTIFY AND ATTACH ALL DOCUMENTS IN YOUR POSSESSION DEMONSTRATING THE DATE AND PLACE OF DISSOLUTION OR TERMINATION OF YOUR MARRIAGE. The Defendant references the previous argument and response in interrogatory number 4, and will submit to the court any and all documents in my possession regarding Plaintiff's request number 6 if the court sees a valid reason for doing so or the Plaintiff provides a valid reason or person implicated and the court agrees. Otherwise, the request appears to be invasive of the Defendant's privacy rights. 7. ADMIT THAT YOU HAD A CREDIT CARD ACCOUNT WITH THE PLAINTIFF. DENY, nor has the Plaintiff presented any signed documentation which proves I have ever had a credit card with the Plaintiff. 8. ADMIT THAT YOU ENTERED INTO A CONTRACT WITH THE PLAINTIFF FOR A CONSUMER CREDIT CARD ACCOUNT BY USING THE CREDIT CARD TO PURCHASE MERCHANDISE, SERVICES OR CASH ADVANCES. DENY, nor has the Plaintiff presented any signed documentation which proves I entered into a contract with the Plaintiff. 9. ADMIT THAT USING THE CREDIT CARD ACCOUNT TO PURCHASE MERCHANDISE SERVICES OR CASH ADVANCES OBLIGATED YOU TO PAY THE PLAINTIFF. The Defendant cannot either Admit or Deny using any credit card account to purchase merchandise services or cash advances obligating the Defendant to pay the Plaintiff. At this time, the Defendant is unable to Admit or Deny because no evidence has been submitted by the Plaintiff or their attorneys showing any signed documentation by the Defendant, no documentation or paperwork proving the alleged debt, their legal ownership of the debt, a listing of how the alleged debt was calculated and incurred, or any validation of the alleged debt to the Defendant. The Defendant wishes to add that without further documented evidence for the Defendant to review, provided by the Plaintiff or their attorney, regarding the alleged debt, the Plaintiffs attorneys are being either intentionally broad or attempting to have the Defendant admit to a debt that the Defendant has had no opportunity to review or validate. 10. IF YOU DENY THE PRECEDING REQUEST FOR ADMISSION, EXPLAIN THE REASONS FOR DENIAL. Please reference the aforementioned response to interrogatory number 9. 11. ADMIT THAT PLAINTIFF SENT YOU STATEMENTS FOR SUCH PURCHASES OR CASH ADVANCES. DENY. The Defendant will deny that the Plaintiff sent the Defendant any statements for purchases or cash advances. 12. ADMIT YOU DID NOT PAY ALL OF THE AMOUNTS LISTED ON PLAINTIFF’S STATEMENTS WHICH WERE SENT TO YOU. Please reference the aforementioned response to interrogatory number 10. 13. ADMIT THAT YOU PRESENTLY OWE $7,564.00 ON THE SUBJECT CREDIT CARD ACCOUNT. The Defendant cannot admit or deny the alleged presently owed balance, citing the aforementioned response in interrogatory number 9. 14. IF YOU DENY THE PRECEDING REQUEST FOR ADMISSION, EXPLAIN THE REASONS FOR YOUR DENIAL AND STATE THE CORRECT AMOUNT YOU OWE ON THE CREDIT CARD ACCOUNT. Please reference the previous argument for denial. The Defendant Denies that any amount is owed to the Plaintiff without further investigation by the Defendant and documentation presented for inspection and review by the Plaintiff and/or their attorneys. 15. IDENTIFY AND ATTACH ALL DOCUMENTS IN YOUR POSSESSION THAT SUPPORT YOUR CONTENTION OF THE CORRECT AMOUNT DUE. No documentation is in the Defendant's possession that confirms the Defendant owes any amount due to the Plaintiff. As none exists, the Defendant is unable to furnish any documentation. 16. ADMIT THAT YOU RECEIVED A STATEMENT FROM PLAINTIFF STATING THAT $7,564.00 WAS DUE FROM YOU FOR THE PURCHASE OF MERCHANDISE SERVICES OR CASH ADVANCES. The Defendant has no statement in the Defendant's possession that was sent by the Plaintiff. To the best of the Defendant's knowledge and recollection, there was no dollar amount whatsoever listed on any alleged statements sent by the Plaintiff, and the Defendant is certain that no detailed breakdown of charges or detailed statement of charges was received by the Defendant, sent by the Plaintiff, at any time to prove the validity of the amount demanded by the Plaintiff or their attorneys. At this time, and without further evidence, the Defendant must Deny this section of the interrogatory. 17. WITH RESPECT TO EACH AND EVERY AFFIRMATIVE DEFENSE YOU HAVE ALLEGED IN YOUR RESPONSIVE PLEADING TO PLAINTIFF’S COMPLAINT: A. STATE IN DETAIL EACH AND EVERY FACT UPON WHICH YOU BASE EACH AFFIRMATIVE DEFENSE ALLEGED IN YOUR RESPONSIVE PLEADING. As listed in my responsive pleading to Plaintiff’s complaint, it is the belief of the defendant that the Plaintiff in this action has merely made conclusory hearsay statements and lacks standing to sue in this case, and as of yet, has not proven standing nor given evidence of documents proving standing. 18. IDENTIFY AND ATTACH ALL DOCUMENTS THAT SUPPORT, REFER TO, OR RELATE IN ANY WAY TO EACH SUCH AFFIRMATIVE DEFENSE AND/OR COUNTERCLAIM. Please reference the above stated Affirmative Defense, Lack of Standing. Additional defenses may be presented if the Plaintiff submits additional evidence which, after scrutiny, may be affected at a later time. 19. STATE THE NAME, ADDRESS AND TELEPHONE NUMBER OF YOUR CURRENT EMPLOYER. This interrogatory is objected to by the Defendant on the grounds that the information sought is irrelevant and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. It is premature relating to this state of discovery and the suit because no decision has been made by the court. If the court should rule in the Plaintiff's favor for garnishment of wages, the Defendant would comply with the court's decision and furnish the information requested by the Plaintiffs attorneys, or any decision by the court that the Defendant should produce this information. Thanks again!!
  16. Anybody aware of any case law against Unjust Enrichment in Arizona? Thanks!!
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