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Found 13 results

  1. Plaintiff is Citibank/Sears. I've been searching the forums and I know this has been answered but I need to file a motion for continuance tomorrow (today since it's 2:00 am). Initial hearing was 8/15, trial set for 9/5. My at-risk daughter was moved to a new facility on 8/15 so only my husband went to court. On 8/22 she ran and between social services, police, FBI trafficking task force and NCMEC, etc. I haven't done anything else - I spent 5 hours with the FBI today alone. I have to contact the plaintiff attorney and then I have to file the motion, correct? I believe in Jefferson County it's the generic form JDF 76 Motion to _____ and submit it with a blank JDF 77 Order. I don't know what to say to the attorney and put in the motion. How do I word the motion if attorney agrees/if they don't agree? If they don't grant the continuance then I'll figure out what to do next, but doing something is easier than undoing it. I apologize, this sounds so whiny... it's hard to change from one hellacious event to another and I just need some wording... and sleep. : / I've fought social services in court, obtained guardianship of my grandson when my daughter died, defended my handicapped sister in a section 8 eviction (with POA). I can do this.
  2. I've read many threads pertaining to the same topic--Midland Funding LLC lawsuit. I know I need to begin preparing discovery info, but am overwhelmed by all the info. on the net. I've read several parts of Texas Rules for Civil Trial and have located a copy of O'Connors at a local library. I'm hoping there is someone who might help guide me and give me direction.
  3. 1. Who is the named plaintiff in the suit? Discover Bank C/o Discover Products 2. What is the name of the law firm handling the suit? Thomas & Thomas 3. How much are you being sued for? 9400 4. Who is the original creditor? Discover Bank 5. How do you know you are being sued? Served by Sheriff 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? Sent a letter requesting validation, they sent back a stack of statements not a complete accounting them sued 9. What state and county do you live in? KY, Jefferson 10. When is the last time you paid on this account? Nov 27, 2014 11. What is the SOL on the debt? To find out: 3 year? 12. What is the status of your case? Suit served? Motions filed? Served, I answered Complaint, Discovery on Both sides has been sent and answered. They moved for a Summery Judgment Judge had them redo it so waiting for the new Summery Judgment. I moved for a dismissal based on lack of standing and motion to strike an affidavit (Judge said she was going to take them under advisement). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 14. Did you request debt validation before the suit was filed? Yes 15. How long do you have to respond to the suit? Waiting for them to refile their motion for a Summery Judgment 16. What evidence did they send with the summons? Almost complete set of statements, and a copy of an agreement. In discovery they provided no other information. They added an affidavit when they filed their Motion of Summery Judgment. I have filed a motion to strike the affidavit (Judge said she was going to take them under advisement). I have fought credit card debt before and a foreclosure, it's been several years (8 or 9) and I don't have the resources and help I used to have any more. I have written the start of a motion to oppose summery judgment. I need help making sure I didn't do a bonehead mistake or maybe I missing something in it. I'll attach what I have written so far. Any advise or ideas would be greatly appreciate. COMMON WEALTH OF KENTUCKY IN THE CIRCUIT COURT JEFFERSON COUNTY, KENTUCKY DISCOVER BANK C/O DISCOVER PRODUCTS INC. 6500 New Albany Rd. New Albany, OH 43054 Plaintiff v. Case Number: xxxxxxxx (lokie999) xxxxx xxxxxxx Ct. Louisville, KY xxxxx Defendant MOTION TO OPPOSE SUMMARY JUDGMENT Comes now the Defendant, (lokie999) , and files this REPLY AND OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT in response to Motion For Summary Judgment filed by Plaintiff, DISCOVER PRODUCTS INC, as follows: The Motion For Summary Judgment filed by the Plaintiff is insufficient as a matter of law. A party moving for summary judgment has the responsibility of informing the court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file with the affidavits, if any, which it believes demonstrates the absence of a genuine issue of material fact. Plaintiff has failed to discharge this responsibility in the Motion for Summary Judgment filed with the Court. The Motion does not set forth the True facts upon which Plaintiff seeks a summary judgment. Rather the Motion states only “That there is no genuine issue as to any material fact and that Plaintiff is entitled to a judgment as a matter of law with regard to all Counts.” Motion for Summary Judgment should be denied. Because there is a genuine issue of material fact, Plaintiff has failed to establish that they are entitled to judgment as a matter of law. This court must have actual knowledge: a motion for summary judgment is not a substitute for a trial on the merits; a motion for summary judgment is not a trial by affidavit; summary judgment is inappropriate where triable issues of fact are in dispute. 1. Defendant received the Plaintiff's Summons on July 5th 2016. Defendant answered the request on July 15th. To purpose a summary judgment it requires that there is no genuine issues of material fact have been raised. Defenses have been raised and ignored by the Plaintiff. Because they are still in questions a motion for summery judgment should be denied. (1) Answer to Complaint #2. Defendant demands the contract that bears the signature of the (Defendant) wherein he agreed to pay the Plaintiff. No contract with any signature has ever been provided. No receipts bearing the signature has been submitted on the record. (2) Answer to Complaint #7. At time of this filing there is no court record that contains evidence of Standing. To date of the filing for Motion for Summery judgment the Plaintiff claims to be holder in due course of the debt but has not provided any agreements or contract between it and Discover Bank to prove is has any standing. (3) Answer to Complaint #8. Plaintiff has failed to state a claim upon which relief may be granted Plaintiff’s claim money for an alleged debt for which no proof of said debt, nor proof of ownership of said debt, has been verified and exhibited. To date of the filing for Motion for Summery judgment the Plaintiff claims to be holder in due course of the debt but has not provided any agreements or contract between it and Discover Bank to prove is has any standing. The Statements they submitted with the complaint are nothing but hearsay without a witness to verify that they are genuine. (4) Answer to Complaint #9. Defendant raise the equitable doctrine of “unclean hands” as a total or partial affirmative defense. At the time of filing the lawsuit the Plaintiff has failed to validate the debt in compliance with the FDCPA. The plaintiff sent several copies of statements to the Defendant but did not include a complete accounting the first statement sent was dated in 2009 the accounts show that the account was opened in 2007 thus failed to provide two years worth of statements. They area also missing several statements between 2009 and 2015. The appeals court overturned the default summary in Spears vs. Brennan Court of Appeals, 745 N.E.2d 862; 2001 Ind. App. LEXIS 509; because the collection agency lawyer did not meet the rules of the FDCPA 15 U.S.C. § 1692g (b) Validation of Debts. (5) Answer to Complaint #11. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. No contract with any signature has ever been provided. No receipts bearing the signature has been submitted on the record. The plaintiff and the defendant have never had any kind of agreement or contract. 2. The Plaintiff is attempting to move for Summery Judgment without having the evidence to make a real case and is relying on hearsay. Discovery was returned from the plaintiff on August 10th, 2016. Interrogatory #4 Provide the full name, business and home address and occupation of every witness plaintiff will call on to testify at the time of trial and provide a summary of the testimony, referencing any documents said witness will rely on. For each expert, specify separately, in addition to the above, the expert’s area of expertise, the expert’s employer, if any, the expert’s subject matter for testimony, the expert’s opinions and conclusions and the grounds upon which same are based. Plaintiff Answer: Plaintiff's Counsel cannot begin to determine who if anyone will be needed until an actual dispute is identified. Objection Interrogatory #5 Provide a summary of the expected testimony of each person listed in response to the previous interrogatory. Answer: Plaintiff's Counsel cannot begin to determine who if anyone will be needed until an actual dispute is identified. Objection The defendant would like to point out that the burden of proof lies with the plaintiff not the defendant and if there are no competent fact witness in this case it can not move forward and must be dismissed as a master of law. He has submitted no witnesses that can verify any evidence, without evidence there is no case. 3. The Plaintiff is attempting to use an affidavit in his Motion for Summery Judgment that was not submitted in discovery to the defendant. Denying the defendant his ability to serve discovery based on information in the affidavit. Discovery was returned from the plaintiff to the defendant on August 10th, 2016. Interrogatory #14. Identify all documents and exhibits that Defendant intends to introduce in evidence in the case. Answer: Objection, Unable to determine what documents if any will be needed until defendant produces and actual dispute. Discovery was returned from the plaintiff on August 10th, 2016. Them Plaintiff moved for summery judgment October 5th, 2016. In the papers he included an affidavit of Stephen Ball which was never sent to the Defendant as part of discovery. Furthermore the affidavit is dated September 26th, 2016 and only references three items The last two statements and the contract. The statements where attached to the affidavit but the contract was not. The statements and agreement that was filed with the complaint are now proven to be heresay. The plaintiff would need to bring forth a witness to verify the documents. Defendant has filed a motion to strike the affidavit for it's inability to be verified under cross-examination and it's lack of foundation. 3. Discovery from the Defendant to the Plaintiff discovery was filed on August 5, 2016. Documents requested from plaintiff included any documentation of relationship between Plaintiff and DISCOVER BANK, the alleged original creditor, a complete payment history, and any breakdown of the sum requested by plaintiff, receipts for all alleged purchases. Defendant cannot make a legitimate defense on claims by the Plaintiff that are incorrect, untrue, and undocumented. 4. The Plaintiff has failed to provide any contract, an agreement bearing the signature of the Defendant or any itemized statements or billing of said debts which would constitute intimate knowledge of the creation of the debt. Even if such documents were available, a purchasing/assignee’s plaintiff would be unable to swear to the authenticity of the originating or source documents of a credit transaction because they do not have personal knowledge of the events which transpired at that period of time in the life of the credit agreement. The original cardholder agreement, any correspondence, and monthly statements issued by the original credit grantor are not admissible as the purchasing plaintiff's business records, as the purchasing plaintiff has no personal knowledge of how those records were created or maintained. 5. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. 6. Plaintiff has failed to provide a detailed list of the debts to the Defendant in the initial debt collection notice as require by the FDCPA and as evidence by case law. Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt. 9. The Plaintiff has not entered into the record of how it obtained the debt from the original creditor. If the original creditor took a payment to assign the dept to the plaintiff or received other compensation in the forms of monies or credits from the plaintiff. The plaintiff is not the real party at interest. Plaintiff voluntary, with knowledge inherent, made an assumption of risk and is not entitled to judgment. Plaintiff's damages are limited to the real or actual damages of actual cost paid or exchanged to original creditor. Plaintiff has failed to supply such details in anything on record. 10. The plaintiff has failed to provide on the record there was any contract between the Plaintiff and the Defendant. The federal truth in lending act 15 USC 1602(i) (I) the term "open end credit plan" means a plan under which the creditor reasonably contemplates repeated transactions, which prescribe the terms of such transactions, and which provided for a finance charge which may be computed from time to time on the outstanding unpaid balance. a credit plan which is open end credit plan within the meaning of the preceding sentence is an open end credit plan even if credit information is verified from time to time." in order for a contract to be applicable, the contract itself must be signed by the party who is being sued. just putting the contract terms on paper in not sufficient, it needs to be signed. this is where credit cards fail to satisfy the written contract requirement . 11. The Confrontation Clause of the Sixth Amendment to the United States Constitution Provides in relevant part: " the accused shall enjoy the right ... to be confronted with the witnesses against him." Many decisions of the Supreme Court of the United States have affirmed the right of the accused under the Confrontation Clause to have a face-to-face confrontation with the accuser, and an opportunity to cross-examine the accuser. In the 2004 decision of Crawford v. Washington, the Supreme Court emphasized that the right to confront one's accusers could not be taken away in cases where judges believe that testimonial hearsay evidence is reliable, because such hearsay evidence had not had its reliability tested through the procedural crucible of cross-examination. WHEREFORE, Defendant, (lokie999) , respectfully submits that the Court should deny the Plaintiff's Motion for Summary Judgment, filed herein by DISCOVER PRODUCTS INC, and prays for Dismissal of the complaint by the Plaintiff and any further relief this court deems just and proper.
  4. Hi. I have to go to court next week to defend myself against a Motion for Summary Judgement from Midland Funding. I have never been to court and do not know what to expect. Following is link to the Complaint, my Answer, Plaintiff's Motion for Summary Judgement and my Objection to Motion and Request for Documents. Also please see my responses to common questions below. Thank you in advance for any advice you might offer. *******EDIT - If you can't open files below see other link in my next post below ************ Complaint: https://www.evernote.com/shard/s447/res/9d65396d-9099-4f47-9436-1b3c79784d0b My Answer to Complaint: https://www.evernote.com/shard/s447/res/41cff245-a48c-4b0c-b1ae-0c2c479497d7 Plaintiff’s Motion for Summary Judgement: https://www.evernote.com/shard/s447/res/4ea10ea3-a221-4f66-99bb-f4ff5f7e9010 My Objection to Motion: https://www.evernote.com/shard/s447/res/3d47dcdc-fe54-421f-9ab7-54ee5fd7cf9f My Request for Documents: https://www.evernote.com/shard/s447/res/82843a43-805b-4e74-8b54-355e4c1bdd4f 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lustig, Glasser & Wilson from Massachusetts 3. How much are you being sued for? $1527 (about $315 of that is fees tacked at charge off) 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank (TJ Maxx credit card) who then sold to Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Yes, served - see below- 6. How were you served? (Mail, In person, Notice on door) Husband answered door and was given papers while I was upstairs 7. Was the service legal as required by your state? I believe so, yes 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? None with me but my 11 year old son may have answered a call from them once 9. What state and county do you live in? RI 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never did. Called in TJ Maxx in December just around Christmas to pay bill but I was told I could not as it had just been charged off. 11. What is the SOL on the debt? To find out: 10 years in RI Statute of Limitations on Debts 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). Served and I answered complaint. Midland immediately sent Motion for Summary Judgement. I filed an Objection to Motion for SJ and I requested Documents. Hearing for Motion is next week, 9/22/16. 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? No Questionnaire. Re: Midland’s claims, please see the link to Complaint below as there are 18 counts 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. Affidavit 1: “Legal Specialist” with access to records for Midland Credit Management Affidavit 2: “Affidavit Documentation Specialist” of Synchrony Bank Bill of Sale Seller Data Sheet A last document that looks like a TJ Maxx bill with total amount charged off
  5. shellieh98 @debtzapper @texasrocker @TomnTex I have seen some awesome support & responses from you guys and I am hoping to I can get some feedback. I am seriously running out of times, and stressed. I was served by Portfolio Recovery Associates LLC Assignee of Synchrony Bank. In Texas, we only have 14 days to answer and I am seriously running out of Time. I already sent a Meet and confer Demand for Arbitration letter ( to the Attorney and PRA). I am in the Process of preparing the following Answer/Motion. I have not heard back from the attorney, and I am running out of time. I am not sure if I am worried to much about the little things. However, the original creditor was initially GE money. They changed their name to Synchrony (according to the website). I pulled up ALL of the agreements from the federal CC database. All of the agreements are the same, but the initial one (which was similar), which has what I think is a survivability clause. Not sure if I should use that first GE or the first synchrony statement. (Would I put one or both as an attachment) I think I should take out all of the formally known as & just put synchrony. If I do, should I use the synchrony agreement. So confused. In Texas, does the attorney have to respond before I file the motion? Do I include the Meet and Confer letter as an attachment? I know I have to include an affidavit stating everything is true to the best of my knowledge. Do I need to include a copy of the JAMS Demand form that goes to JAMS with the Motion? Or can I wait on that? That is holding me up, and I want to get this filed. ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION COMES NOW Defendant PAGRN appearing Pro Se for her the following original petition answer and Motion to Compel Private Contractual Arbitration with Synchrony bank (formally known as GE Money Bank) and as grounds thereto states the following: 1. That on or about November 13, 2015, Plaintiff filed its original petition against Defendant. Defendant ADMITS she is a resident of this county, but has elected private contractual arbitration pursuant to the terms of the governing cardholder agreement, which takes away both sides litigation rights in court. 2. Defendant is without information or knowledge sufficient to form an opinion as to the truth of Plaintiff's paragraphs (6-12) and must respectfully DENY Plaintiff's remaining allegations. Defendant holds the Plaintiff to provide the strictest proof thereof. 3. Defendant moves this court to compel binding Private Contractual Arbitration with JAMS based on the terms and conditions of both GE Money bank Credit Card agreement and Synchrony Bank Credit Card Agreement (see Exhibit A, attached). (see Exhibit B, attached). 4. The parties are bound by the Synchrony bank (formally known as GE Money bank) credit Card Agreement. The Arbitration Agreement states among other things: (a) Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or The Gap, Inc., on the other hand, if the dispute or claim arises from or relates to your Account. (b) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE (c) This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination. (d) Governing Law for Arbitration. This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). 5. The Federal Arbitration Act (FAA) 9 USC, Section provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 6. The Defendant elects arbitration with Jams to settle this dispute. (see Exhibit C, attached). WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with Synchrony Bank pursuant to the GE Money Bank Cardmember Agreement and to dismiss Plaintiffs complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending private contractual arbitration with JAMS.
  6. I really appreciate any help I can receive to figure out: a) what to do in response to this document; and what angle the Plaintiff is preparing to play. Quick background: Served by JDBFollowed @Linda7's thread exactlyFiled my answer and a MTC private/contractual arbitration w/JAMS (with Exhibit B as a copy of the credit account agreement)Judge granted a MTC hearingDate is set and has been agreed upon by all partiesNow I have received this document in the mail: PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS Case No: xxxxxxxxxxx Judge: (this was left blank by them) Plaintiff, through counsel, hereby opposes Defendant’s motion to either dismiss or stay this matter so that the dispute can proceed through private arbitration via JAMS. Defendant argues that the terms and conditions governing this account includes an arbitration provision granting her this right. Defendant submits a sworn affidavit signed under penalty of perjury that the terms and conditions attached to the motion Exhibit B are “a true, unaltered copy of the XXXX credit agreement that contains the arbitration provision which governs the dispute between the parties for this alleged account.” Plaintiff intends to call Defendant Jazz Debtslave to testify before the Court under oath as to the source of these terms and conditions. Based upon information and belief, Plaintiff is relatively certain Defendant will not be able to lay a foundation for these contract terms.In the alternative, if Defendant is able to lay the foundation for these contract terms then the Plaintiff asks the Court to stay the proceedings so that the parties may return to Court after private arbitration and enter the arbitration award as a final judgement on the matter. My initial questions are: 1) Should I file an answer to this Opposition? 2) When will the plaintiff call me to testify before the court? During the MTC hearing? Or is this showing intent to schedule some other court hearing? 3) Obviously, the Plantiff is trying to keep this out of JAMS and drive me into state ordered arb. It looks like they want to attack my copy of the agreement. What can I most likely expect from being called to testify and how can I best prepare? 4) Can I requests documents from them that explain why they have "information and belief" that I will not be able to lay a foundation for the contract terms? T H A N K Y O U to this forum for your help! So far, at least, I have kept myself out of Oregon state arb -- this is no small feat!! I consider being granted the MTC private arb in the state of Oregon a little victory. Could not have done it without this great group of people
  7. In the process of preparing my objections to evidence that was sent to me and I have no clue how to prepare it. Can someone send me some examples of MIL or objections to evidence ( affidavits). Subpoena'd the Custodian of Records and she was served today, so not sure if I still include the objection to the CCP98 if not then all i have to object to are the affidavits thats why i"m in need of example of an objection that is tailor to the affidavits and not so heavily on the CCP98 (being that she was served today) Correct me if I'm wrong. Thanks all
  8. HI Everyone I’m looking to defend myself against a JDB and has asked for their Purchase agreement. I know they are going to object but and I need to file a motion. Has anyone done a motion to compel the purchase agreement (sometimes called "forward flow agreement"). I am located and fighting in Los Angeles California so something that pertains to my area would be even more helpful. IF so can you please Personal message me so I get a notification. Thanks
  9. Hi everyone! I've been dealing with a lawsuit from CACH LLC and they failed to respond to my RFPOD. I have been reading conflicting views on wether to file a motion to compel or not. Some say to do RFA's that prove they have no case while others say they dismiss after the motion is filed. What should I do?! They are past the 30 day deadline and I am contemplating if I should send a meet and confer letter or not. Let me know what you think!
  10. HI I am from Los Angeles, the court house for my debt collection lawsuit is Chatsworth Courthouse. Can anyone tell me, what are the requirement ( must meet ) to file a ex parte motion? Also, anyone knows the Chatsworth Courthouse policy/ rules on ex parte motion ? Anyone did that at that courthouse before ?? Thank you
  11. History: Served by JDB, I filed MTD, MTD denied. Judge ordered opposing counsel to submit an order denying the motion and requiring the submittal, within 20 days, of the alleged notice of assignment (condition precedent to bringing action) and other alleged docs to support cause of action. FL Bar conduct states that atty should have prepared order by the next business day and given to me for review and then sent to judge. I also filed a MTD to dismiss for failure to post nonresident bond. More than 20 days have passed and atty has not prepared order, supplied docs or posted bond; so they are stalling. I can't find anything in the FL rules of civil procedure or FL Statutes that cover this. How do I proceed? I have prepared MTD for failure to post bond but I'm not sure if I should include failure to prepare order and provide docs in that MTD as well, or if I should file the MTD for bond and a MSJ, or should I handle some other way. I am unemployed and have no money for atty, so thank you for any info you can provide. Please help.
  12. Sorry fo making my first post so long time is of the essence and trying to give all info to get as much help as possible. I am in the process of fighting FIA Card Services N.A. and sent out the courtesy letter reminding them they have exceeded the 30 day allowance for discovery that was requested on November 1st and if not received within 10 days I will move forward to fie Motion to Compel Discovery. I am in the state of NH. In respose I received from Plaintiff Motion to Stay Discovery and Schedule Discovery Conference!!!! What is this?? They had 6 points in the Motion and #4 states: Based upon Defendant's objection to the motion for summary judgement and questions propounded in discovery, there appears to be a great disconnect about what this case is about. Such would and has created a disproportionate and inordinate amount of discovery, (and likely motions to compel, motions to extend time to respond to discovery requests, ect.) for the type of matter this is. They also stated Plaintiff's counsel is unable to reach Defendant to discuss Discovery issues, as Plaintiffs counsel does not have a telephone number for Defendant. I already responded to their Discovery.. Do I answer by filing an objection to the Motion to Stay Discovery and Schedule Discovery???? They have my telephone number from when I answered the Writ of Summons after they filed a Summary Judgement!!!! How do I respond to this? I requested the following: For the Production of Documents I asked for: Provide validation of this debt to include but not be limited to: 1. Complete Chain of Custody / notice of Sale or Assignment 2. Original Credit Card Application 3. Original Credit Card Agreement Dated when alleged account was open 4. Complete Detailed History of the Alleged Account in question 5. Affidavit from Original Creditor that debt owed is correct 6. Authentication of all documents 7. Calculation of alleged debt 8. Copies of sales receipts signed by defendant with the original creditor from any purchases made 9. All monthly billing and statements for said alleged debt 10. Proof of last payment made to said alleged debt 11. Produce a copy of the initial communication sent by plaintiff to defendant regarding the debt she allegedly owes on the revolving account. 12. Produce all communications between the original creditor and each collection agency that attempted to collect the alleged debt. 13. All other evidence, not requested by the defendant, that plaintiff may use at trial, all phone records, information stored on hard drives or flash drives, and all information stored on: logs, note, tapes, fax, and any notes or witnesses who may be called. 14. Provide any and all credit report(s) plaintiff and/or plaintiff's attorney obtained from any credit reporting agency concerning the defendant. FOR THE INTERROGS I ASKED: Interrogatory No 1: State the complete name and address of the original creditor for the alleged revolving account under which defendant allegedly owes the plaintiff (hereafter referred to as 'revolving account') as well as the date plaintiff purchased the account. Interrogatory No.2: Identify Affiant whom submitted the AFFIDAVIT within the WRIT OF SUMMONS by job title, job description what affiliation he has with the alleged debt, business address and telephone number: Interrogatory No 3: Was the revolving account opened via a written or verbal agreement? Interrogatory No 4: Do you have a written policy for the retention of documents, including but not limited to originally signed contracts, billing statements, and payment history records? If so, A. Produce copies of any and all written policies, signed contracts, billing statements and payment history records for the retention of documents, for the alleged debt owed. Interrogatory No. 5 Annex copies of all documents relative to this matter. This should include all documents upon which plaintiff intends to rely at trial or which in any way relate to the subject of this suit. The documents so produced should include: A. Any documents relating to the information of the obligation in question, including preliminary communications, credit applications, guarantees, acknowledgments, contracts and specifications. B. Any documents relating to the accounting of the balance including, invoices, statements, credit memoranda, accounting documents. C. Any documents relative to any communications between the parties including correspondence and other written communications. Interrogatory No. 6 Provide detailed accounting of the interest, late fees, contractual obligations for the alleged revolving account: Interrogatory No. 7 Provide a complete list of all witness you plan to call, name and address, position within the company and what evidence they might have or give. Interrogatory No. 8 Provide a complete list of any expert witness you plan to call, their education, training and what evidence they can offer. Interrogatory No. 9 Provide a complete detailed account history for this debt, from the original creditor until purchased by the plaintiff. Interrogatory No. 10 How was this debt purchased? Interrogatory No. 11 Provide canceled check (front & back) or electronic file transmissions corresponding to and in response to alleged payment made on 02/02/2012 for $157.00:. And Request for Admissions I asked: 1) Please admit or deny that this account is a revolving account as defined under the Truth in Lending act 1602.
  13. Who is the named plaintiff in the suit? ASSET ACCEPTANCE 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) FULTON FRIEDMAN & GULLACE, LLP 3. How much are you being sued for? 13,213.48 4. Who is the original creditor? (if not the Plaintiff)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)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? MY HUSBAND TALKED TO THEM TELLING THEM OUR HARDSHIP 9. What state and county do you live in? CA. STANISLAUS COUNTY 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)JAN 4, 2011 11. What is the SOL on the debt? To find out: 4 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). WE HAVE A COURT CASE APRIL 3 , 2013 BUT THEY ARE TRYING FOR JUDGEMENT KNOW 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? NO TIME FRAME, PROOF OF SERVICE JAN 14 2013 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. MEMORANDIUM OF POINT AND AUTHORITIES IN SUPPORT OF MOTION FOR JUDGEMENT ON THE PLEADINGS