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  1. Hey, Everyone! I have a case in which "evidence" provided by Plaintiff (Portfolio) includes an alleged Bill of Sale signed (possibly robo-signed) by David Nauman of HSBC BANK NEVADA, N.A. and an Affidavit of Sale signed (again, probably robo-signed) by an Ashley Oku of HSBC. I'd like to be able to show that neither are residents of California, but they haven't stated their locations in the documents. Initial internet searches seem to indicate that the former may be in Philadelphia, while the latter seems to be a ghost. Has anyone had a case with either of these individuals named and discovered their places of residence/business? Also, if you know of any documented instances of robo-signing associated with these names, it would be very helpful. Pro pers unite and stand strong!
  2. Need help to beat a JDB. just need to answer special ROGS. I need to beat them! i got exhausted with my first battle and ended up losing up to the appeals. Thank you in advance! need a better way to answer these questions. 1. did you ever submit a request for credit account to GE capital retail bank? i had chevron card though. 2. did GE capital retail bank issue a credit account number xxxx-xxx-xx in your name? 3. State the approximate date you open the credit account. 4. identify each and every person other than yourself who has ever had the possession of any credit card for the credit account. 5. identify each and every person who you ever authorized to use the credit account. 6. Did you use the credit account? 7. is $1,043, the amount set forth in the complaint in this case as the sum owed as of February 26, 2014, your balance due as of that date on the credit account? 8. if you do not agree that $1,043, the amount set forth in the complaint in this case as the sum owed, is your balance due is February 26, 2014 on the credit account, state all facts upon which you base your denial that the sum of $1043 is your balance due as of February 26, 2014 on the credit account. 9. did you have a report to GE capital retail bank that the credit card for the credit account was lost or stolen? 10. Did you ever report in writing to GE capital retail bank or portfolio recovery associates that there was any problem with the credit account, which problem remains unresolved? 11. Did you receive periodic statements from GE capital retail bank regarding the credit account? 12. State approximate date of your last payment to GE capital retail bank on the credit account. 13. Have you ever corresponded with GE capital retail bank in writing regarding the credit account. 14. Have you ever corresponded with portfolio recovery Associates in writing regarding the credit account? 15. State all facts upon which you base your denial of the complaint in this action. 16. State all facts upon which you base each affirmative defenses to the complaint in this action.
  3. In the attachment you will find my NJ answer, demand for docs, request for admission, affirmative defenses and motion to dismiss. This is a New Jersey Special Civil case. Please, if anyone would like to review my documents recently filed and can offer advice on how to proceed next, I'd greatly appreciate it!! I am not an attorney. I am acting pro se. DEBTORSBOARD NJ CREDITOR ANSWER DEMAND FOR DOC REQUEST FOR ADMISS AND MOTION TO DISMISS.doc
  4. Back in Aug 2014 i was served with a lawsuit from Portfolio Recovery on a GE credit card that went bad in 2010. At first i panicked, my first thought was to call them and make a payment arrangement. But after speaking with my husband he told me to hold off and do some research. So i sat back for about a week and did some thinking. The first thing i did was file an answer to lawsuit. I simply stated that the Statute of limitation in Texas is 4 years and that this debt is Time barred. I also stated that if they pursued this lawsuit i would file suit against them for violating my fair credit rights. I sent Portfolio a certified copy of my answer and trotted myself down to the courthouse to file it. Shortly after i got a court date in the mail of Nov 7 2014, yep just YESTERDAY. I went to court yesterday prepared to argue my case and guess what. The judge started court promptly at 1.00pm. I was the first case he called "Portfolio vs ME" as i nervously walked to the bench he smiles and says PORTFOLIO DIDN'T SHOW UP SO CASE IS DISMISSED. ENJOY YOUR DAY YOUNG LADY!! Whoooo hooo i could have did a cartwheel out of that courtroom.....lol
  5. I have been battling with Portfolio Recovery for almost a year for an account that they bought from Bank Of America. Unfortunately I did not research my options until recently thinking that I would be able to take care of this issue. I have not sent them any payments but tried to negotiate a settlement as of today for pennies on the dollar. The original debt is for $5480, I have been through a very bad divorce, had to relocate due to issues with my ex and have been unemployed since December 2011. I do not have any income and get only a small amount of help to survive from my family and given a place to stay. Jobs are scarce to none and I have virtually no assets. I have been talking to Portfolio whenever they call, I know big mistake, and they have not been to bad. I lay it out to them every time that I cannot pay the debt and they come up with very "creative" advice. I did get a settlement from my divorce and either paid off most of the debt or made settlement arrangements. I still have two that have not moved any further when I told them of my situation. I just found that they have filled a complaint through a local attorney but I have not received anything concerning this yet. I found the information on line with the clerks office. I called them again today as a good faith effort to settle this and made a small offer of $200 which they refused and told me that this may turn into a court case and that they would continue the calls and see if they could do anything else. I left it at that. I did not request a DV nor have I probably handled this correctly in the past. Any advice as to handling this mounting situation is greatly appreciated. I have become completely overwhelmed with this. I am planning on remarrying in the very near future but this is not my future husbands responsibility and I do not want to jeopardize his credit.
  6. If a default judgment has been awarded against you by a General Sessions Court in Tennessee, you have ten days to move to vacate it. However, under Rule 60 you have one year to move for fraud and up to a "reasonable time" to move to set aside for various other reasons. It is imperative to do so before garnishment begins because then most judges will presume that you were served and just don't want to pay a debt purchaser. We can help in some cases and there is no charge to ask us questions. We operate off of attorney fees and fees we derive for statutory violations.
  7. Both cases have been fairly identical from a paperwork standpoint. I did miss the window of opportunity to serve the ccp 96, shame on me. Both cases are < $2500 and are out of Riverside County, CA. I am about a week from trial(both cases are on the same day) and I have reading through various posts trying to prepare myself and I am not sure how to proceed. For portfolio I received the ccp 98 and I hired a process server. I received the declaration from the process server today that they were unable to serve the witness. Is my best approach now the Motion in Limine or to wait till trial and object when the plaintiff introduces the declaration in lieu of live testimony? Do you file the Motion in Limine with the court and do I still have time? Or do you just bring it with you on the day of? For Equable I never received a ccp 98 and I have been checking the court website daily to see if it was filed. Should I assume they are bringing a witness? I did serve them with notice of non receipt of declaration in lieu of live testimony to protect myself in case they try to introduce at trial. What would my best approach be at this point? For the trial brief can anybody provide some examples as my cases are similar but the ccp 98 is throwing me off. Also do you file this with the court? Or do you bring it with you the day of? Thanks in advance for any help or advice that is provided
  8. Please delete this thread, corrected and reposted at: http://www.creditinfocenter.com/community/topic/322166-liberty-acquisitions-servicing-v-jt7/
  9. Good afternoon everyone, I've had several mailings coming to my house over the last few days from local attorneys claiming I have a summons heading my way. After some digging into the Dallas Clerk's records I discovered that I am being sued by Portfolio Recovery Associates (Capital One debt). My SOL would have been aged through in 2 months, so I'm definitely going to have to fight it. I've done some research into the attorney handling the case and she has a record of letting things go to "Dismissal for Want of Prosecution". I'd say 85-90% of her credit card cases end with that ruling. Many others are dismissed with or without prejudice. Seems to me her plate is full with Banks suing Banks, etc. and she doesn't like to fight the CC suits. Probably only 1% has been decided in her favor based strictly on the failure of the defendant to "answer" in a timely manner, thus the plaintiff receives a default. I have every intention of fighting this suit so I'll be asking for help along the way. I appreciate the knowledge I've already aquired just from lurking the last few days and I look forward to winning my case.
  10. Hello, I'm being sued by Hunt and Henriques for about 2,600. The original company was HSBC and the original debt was about 1,900. I have 30 days to report back to the court. Should I try to file for arbitrations through JAMS or is there another option that I should look into? The account will be about 4 years old next year. Any help will be most appreciated. I'm a newbie here.
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