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Hello, i hope all is well. I'm writing this post today to ask for advice from anyone that has knowledge about or experience with JDB's or even with Unifund/Kenosian for that matter This past weekend i received this letter in the mail from Kenosian and Miele on behalf of Unifund CCR, LLC. The letter was dated 8/9/2019, today is 8/19/2019. I've been digging through the internet for as much information as possible but i still would like an experienced outside opinion as well. Should i dispute? Should i prepare myself to go to court? I haven't been summoned as of right now but i want to be proactive about this and acquire as much knowledge as possible. This is my first time encountering a JDB and i just want to make sure i'm taking the right precautions before i make any decisions. Thank you for your time. Hope someone can help.
Here is my questionnaire info. 1.. Who is the named plaintiff in the suit? Cavalry SPV I 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) Citibank, N.A 5. How do you know you are being sued? (You were served, right?) Served summons 6. How were you served? (Mail, In person, Notice on door) In person, via process server at home 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? Arkansas, Pulaski County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2013 11. What is the SOL on the debt? To find out: Not positive but I think 3 years 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). Waiting for Plaintiff to respond to my discovery requests. Complaint filed early May 2015 I was served late May 2015 Answer filed early June 2015 (within the 30 days)(served with Plaintiff and filed with court) Received Plaintiff's RFA, interrogatories, and request for documents mid June; replied three weeks later (responses served with Plaintiff and filed with court) Served my RFA, interrogatories. and request for documents late July; response time will expire this week - no responses yet (served with Plaintiff; RFA filed with court) Served an amended Answer early in August (served with Plaintiff and filed with court) Served a Motion to Strike Affidavit/Exhibits early in August; the 10 day time period for Plaintiff to respond has expired (served with Plaintiff and filed with court) Court has not yet set any hearings or trial date. No action on my motions yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) OC never listed debt with CRA; plaintiff did. Disputed. 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; they never sent me anything prior to filing the lawsuit 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? My answer, amended answer, and responses to RFA/discovery have all been filed timely 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of Claim notarized March 2017, Assignment/Bill of Sale dated September 2016, an account statement dated April 2014, and terms and conditions dated May 2016 I really appreciate any guidance on how to proceed. Since the time has expired for the Plaintiff to respond to my Motion to Strike, should I expect the court to rule on this within in 30 days? Also, should I file a Motion to Admit my RFA if I don't receive a response within the 30 days allowed by Arkansas Rules of Civil Procedure? The response to my other discover is due the same date as the response to my RFA. If I understand it, I need to show good faith effort to resolve the discovery request prior to filing a Motion to Compel; should I send a separate letter after 30 days, asking for a response, and then file a Motion to Compel after a few weeks? I am expecting no Plaintiff response to my discovery requests. If it is helpful, I can post heavily redacted versions of my various pleadings and motions.
I will be fending off a JDB lawsuit in magistrate court in Georgia related to a chase cc account acquired from WAMU. JDB claims in their complaint debt was assigned to another JDB and subsequently assigned to them. They are one of the biggest JDB if not the biggest in the Nation They claim OC assigned a little over 2000 to them through another JDB(this drives me crazy because I know it's not true) They claim one of the majors BIG BANK is their assignor but I know it's not true because the true OC is a defunct bank and is not mentioned in any Bill of Sales or Affidavits There are issues in their case: True OC is not identified but the bank who acquired it through FDIC is being called OC There is no records, documents, chain of assignments, affidavits linking the plaintiff Junkland Funding to the true(defunct) OC. Of course there is no Original Agreement or Signed application. I know these can't be produced since true OC(WAMU) died since 2009 and there is nothing connecting me to it at this moment as far as I know. I truly feel I have nothing to do with JDB. I've answered their bogus claims by simply saying Junkland Funding has never advanced any funds to me and I don't recall any party having a business or financial relationship with me assigning a business or financial contract to them(not sexy but I wanted to be as brief and evasive as possible). Need help to structure better defense. Based on the info I provided. What is best way to provide defense in Georgia magistrate court? Attack chain of Assignment(No documents/Bill of sale/Affidavits link JDB to WAMU but claims to be Assignee of OC, CHASE but true OC is WAMU)? Attack JDB's standing as successor in interests as no evidence shows connection to true OC? But to do so I would have to offer that info to court which I am afraid it might backfire? From the outset insist of getting credit card agreement and/or signed application since JDB is claiming breach of contract in their complaint? Since I feel Plaintiff can not produce Card Agreement/application. Should I subpoena these documents now(Monday)? Court date next week. As you can tell I did not reveal too much about identity of Plaintiff and their lawyers but it's a California based JDB probably the biggest in the country and their lawyer here is a Marietta/Missouri based law firm. They are basing their claim on OCGA24-8-803(6) and 24-9-902 and off course are demanding Judgment. Thank you for helping. Court is next week.