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  1. I have an old CC debt that is now supposedly owned by Cavalry. The summons I received has zero affadavits attached. In fact, the only attachment is a copy of terms and conditions from the CC company. The lack of any supporting documents with the complaint pleading makes me suspicious about their ability to back up their standing. Anyway, I can't afford to have this go to court so in the end I've got to pay them what they'll settle for[1] before trial. My question is this: Is a strategy of going ahead as if I were willing to go to trial to get them to settle for a lower amount a good
  2. Hi guys! I'm pretty damn nervous since I haven't filed a trial brief and will be going to trial in two days! If anyone can point me in the right direction it would be much appreciated. Here's a quick overview of what's going on. I'm not sure of the balance owed because I was a victim of debt consolidation fraud and somehow it ended up in the hands of Equable Ascent Financial so they say. LRLO served me back in July 2012 for Breach of Contract and Account stated and I responded in general denial. I responded to their interrogatories which is basically the same as others have posted i
  3. So, after a few months of inactivity in my JDB case (I have a few older threads regarding it), my hearing date for my motion to compel discovery is a few weeks away. I'm wondering what I should be expecting here. Do i 'argue' my case or does my Motion and seperate statement speak for itself, and I just explain and reiterate the facts? Does the judge rule on it then and there? This will be my first time in front of the judge for this case. I'm confident in the preparation of my motion and statement, but still a little nervous.
  4. Good morning Good people, I am hoping that someone here can help. I have spent the last 10 of my 20 day notice to respond researching the boards to find the right way to properly submit my ANSWER and list the proper defenses. While I have found some wonderful information on here, I am also thoroughly confused because some of the info is conflicting ( i.e. affirmative defenses or not). So, I figured I'd bite the bullet and ask for some direct help. Please see below for my case information. 1. Who is the named plaintiff in the suit? CACH, LLC - 2. What is the name of the law firm han
  5. My name is nowhere on the account they are suing over! My 2nd (continued) pre-trial is scheduled for the end of Feb. I am pro se and I want to have it dismissed without going to trial if there is any way possible. I cannot believe there is no way to do so when he can provide NOTHING with my name on it. I don't believe they could get this far with it! Guess I am naive. I have answered the forum's suggested questions below. I have been researching many threads (esp FSUgirl07 since she is also in FL dealing with a JDB), but I haven't run into any where they actually have the wrong name. Hope
  6. While trolling through on line database NY Supreme Court filings in my county (looking for defendants that have been successful in my court), I notice a number of complaints where two plaintiff's are listed - the OC and a JDB. Is this something unique to NY or does this happen in other jurisdictions? What would the rationale be? Trying to confuse defendants as to possible JDB issues of standing?
  7. a junk debt buyer, persolve, llc. had their lawyer send me a summons. i dont even know where this debt came from ive got a couple things on my credit report that were the results of identity theft, maybe this will add to the list. the amount they want from me is around $1900.00 i was served on 12/18/12 and the date in their complaint says something about a last payment being made on 12/15/08.....looks like they made it just a couple days shy of SOL, if the debt was even to be mine! i want to efile my answer, since this seems to be mandatory as of 1/1/13 and ive been doing research a
  8. I have just received the admissions and interrogatories from the plaintiff and I've got a few questions regarding a few of their questions. First, they ask "Identify and attach all documents that support, refer to or relate in any way to each such affirmative defense and/or counterclaim." If I am using Plaintiff also has failed to state a claim upon which relief may be granted as a defense, what would I be putting as an answer? It seems pretty straight to the point, but then again I'm not a lawyer. Next, they ask "If you deny the preceding request for admission, explain the reasons
  9. 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) LJR 3. How much are you being sued for? $3,343.00 4. Who is the original creditor? (if not the Plaintiff) Sears/Citibank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Certified Mail 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Rec
  10. Thanks for all of the many people on the board who have taken the time to help others and hopefully myself with this case against these Junk Bond Collectors. I was embezzled from by my former business partner & sued myself into debt before realizing the lawyers were the only ones winning that battle. Never had a late in my life 40 years until that ordeal;) Anyway, here's my info: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Johnson and Mark LLC 3. How much are you being sued for? $946X.xx charged off; plus accr
  11. Thanks to the advice on this board! You guys rock!! We were served in June. We wrote a well-worded Response for Disclosure to the JBD (Pride Acquisitions LLC, using the law-firm Rausch, Sturm, Israel, etc in Texas). Well, the JDB just filed a Plaintiff’s Notice of Nonsuit on their $60K Credit Card claim against us -- we got it in the mail just four days before trial! I called the Court Clerk immediately and they confirmed the case is off next week’s docket, and will officially be dismissed as soon as the judge signs the Plaintiff’s Notice of Nonsuit. Woo-hoo!! The JDB is asking the jud
  12. I have been sued by Cavalry SPV I. LLC, an assignee of Wells Fargo Bank represented by Winn Law Group on 05/11/2012 for $17K. The complaint included a copy of a redacted signed credit application. I filed a General Denial on 06/12/2012 with affirmative defenses. On July 31 I was served with Discovery documents, Request for Admissions, Form Interrogatory and Special Interrogatory. The Request of Admissions included an exhibit that had a some printout statements and another copy of signed credit application agreement. After spending 3 weeks reading and studying TONS of threads in this website,
  13. I am currently dealing with a JDB which alleges that I owe money to them. I filed my answers and affirmative defense about 3 weeks ago. I was informed by the county clerk that since we were unable to reach an agreement with the JDB attorney that they the court would contact the JDB and their attorney's to setup a mediation. Today I received a letter sent to the court and myself requesting a one hour trial to the court. Here is how it reads: COMES NOW the Plaintiff, above named, by and through it's attorneys, Standley and Associates LLC. and does hereby give notice that on Wednesday, July 25th,
  14. I recently received a summons from my county court in response to alleged debts from a JDB. I was hoping that someone could help critique my answers. 1. Oli-v, Defendant (s) is a (are) residents of XXXXX County, with a post office address of (my address). 2.The amount claimed herein does not exceed the jurisdiction of the court. 3. the amount claimed from Oli-v, the Defendant (s) is One Thousand Three Hundred eight and 66 cents ($1208.66, together with proper interest at the contract rate of 21% per annum in the amount of $1,571.27, attorneys fees of $196.80, court costs, and any other item
  15. Spent hundreds of hours over the last 4 months reading this forum and defending myself against a JDB (Midland Funding LLC w/ law firm Suttell & Hammer representing them) to no avail. Got served in March, filed Answers affirmative defenses, notice of appearance, answers to admissions, request for admissions, request for documents and interrogatories, sworn denial, motion to dismiss, motion to strike bill of sale, motion to strike affidavit....everything sent with certificate of service AND sent certified mail. Went to court yesterday to defend myself against a Summary judgment, Judge igno