Search the Community

Showing results for tags 'utah'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 15 results

  1. I really need a General Strategy of how to fight Midland represented by Johnson Mark. I understand majority of documents and their purpose, but I'm worried that if I do not see the whole picture beforehand, I won't be able to react appropriately or prepare in time. Can anyone direct me to some sort of flow-chart of how the case moves through civil court. Maybe a TO-DO list and what-to-expect list and appropriate time limits. I'm a little confused on timelines and all necessary requests and filings. I'm worried if I do not file or answer some document in a timely manner then I will be basically surrendering my rights and/or missing requested paperwork to support my case. Here is my TIMELINE: 2006 OPENED WF CONSUMER CREDIT CARD AS OVERDRAFT PROTECTION 2011 CC ACCOUNT WAS CHARGED-OFF BY WF in 2011 (CC limit was $4,500 but I'm being sued for almost $10K) 2011-2016 RANDOMLY RECEIVED STATEMENTS FROM MIDLAND (amounts varied from $7K to $13K) 11/12/15 JOHNSON MARK LLC SERVED COMPLAINT ONTO MY SPOUSE (I was not present on premisses, but it's still legal in UT) 11/18/15 COMPLAINT WAS FILED WITH 3RD DISTRICT COURT, UTAH 11/24/15 FILED MOTION TO DISMISS (based on SOL; as it is not an "instrument in writing" and falls under 4 years) 12/2/15 FILED 1st REQUEST TO SUBMIT FOR DECISION 12/10/15 RECEIVED PREMATURE FILING MINUTES 12/10/15 RECEIVED OPPOSITION TO MOTION (was dated 12/7/2015) 12/15/15 FILED REPLY TO OPPOSITION 12/15/15 FILED 2nd REQUEST TO SUBMIT FOR DECISION 2/16/16 RECEIVED ACCOUNT STATEMENT FROM JOHNSON MARK LLC IN THE MAIL (very basic info stating the whole acct #, ownership, balance, but no charge-off date) 2/16/16 CALLED JUDGE's CLERK TO INQUIRE ON STATUS OF REQUEST 2/23/16 RECEIVED NOTICE FROM COURT ON MOTION TO DISMISS (ruling scheduled on 3/07/2016) 3/7/16 JUDGE DECLINED THE MOTION AND EXTENDED 21 DAYS TO FILE THE ANSWER (SOL was denied, as judge agreed it falls under "instrument in writing"; 6 years instead of 4) 3/22/16 SENT LETTER SELCETING ARBITRATION TO JM AND MIDLAND 3/28/16 FILED THE FOLLOWING: ANSWER AFFIDAVIT MTC PROPOSED ORDER 3/28 - 3/31/2016 RECEIVED MULTIPLE PHONE CALLS FROM JM (to stop any phone calls, file CEASE & DESIST) 4/1/2016 AGREED ON SETTLEMENT - my original offer was $1500 when complaint was filed; JM's lowest was $7.5K - JM offered $2K, saying it's a stretch from original $7.5K - countered with $500, pointing out ARB fees and legal expenses - JM declined - JM called 30 minutes later accepting the offer 4/1/2016 RECEIVED SETTLEMENT PAPERWORK - JM lawyer sent AGREEMENT LETTER to my email (upon my request) - called JM lawyer directly to request: dismissal with prejudice, no transfer of debt, no 1099C - agreed upon everything but 1099 - as it is regulated by Federal Law - ordered cashier's check and went to meet up with JM lawyer - received SETTLEMENT AGREEMENT and SATISFACTION LETTER in writing - both parties have signed MOTION TO DISMISS (with prejudice) - received ORDER OF DISMISSAL WITH PREJUDICE - all docs mentioned: with prejudice, and each party bearing its own costs and attorney fees - received payment stub Thank you to everyone. This has been the best resource.
  2. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies. Brief scenario. Dell Financial Asset claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court appointed"...many thanks to those of you that educated me on the difference. I was late on responding to items..but then, so were they. I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL). I put the book to memory...saw some really cool ideas and went for bear. Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me". They won in court appointed arbitration. I appealed and court date set. I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing). SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California. I said..."bite me". I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003). In the appeal I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (??? I think it was 2012). I kept screaming. Kept kicking.... In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding. JAMS it is. I filed, I included everything that should have been included in the original suit, but didn't know any better. I hit them with everything I had including all their screw ups that they will be fined for. JAMS accepted it on March 19. March 27, I received an offer of .... cough cough... settlement. Pffft. A get out of jail free card for AA. I will not sign it. It is garbage. AA did not send a copy of the settlement offer to the court, as the Judge had ordered. So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration. Course not, JAMS sent them an invoice for $800. (Remember, they pay all fees.) They already owe me $350 for what I have had to file...citing same clause in agreement. AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago. They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me. I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage. YAY. So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it. Not likely. Something like that will cost them $5,000...made payable to ME. That paragraph will be changed. The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up? Not sure how much that is worth...possibly priceless. I may just say "bite me". I am trying to remember how to put up images....I photographed the entire thing. Let's see if I can post them here. I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign. Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all). So...let's figure out the image thing now and please please feel free to comment...good and bad. I need straight talk. Thanks so much!
  3. I was served a complaint from Midland (utah) They listed my maiden name instead of my legal name ( not that it means anything but their lack of detail) I had no prior contact with them prior to summons. verified with court on day 13 that they did file, and have been trying to figure out a response since. they state 1) defendant resides in county 2) defendant entered into a contract with capital one account ending in ####, which contract was subsequently assigned to plantiff 3) defendent has defaulted on obligation under contract 4) the amount charge off on the account was $1,xxx.xx There is now due and owing to the pantiff the amount $1xxx.xx In addition, plantiff is entitled to recover interest from the date of judgement at legal rate 5) further equity requires defendent to pay the value of the benefits received DEMAND A damages to be paid in the amount of $1,xxx.xx less payments made B interest from the date of judgement at legal rate. C for costs of court both pre and post judgement D any other relief as the court deems equitable. That is all they sent. a cover letter with the court address and explination that i have 20 days to respond. I only have 3 days left,needing something out today. i do not have any records of this account to verify. my credit report does reflect a charge off from capital one, no amount given, opened in 2007 and last UPDATED in 2009. the last 4 digits on account are not listed so it does not confirm it is the account midland is referring to. no idea when last payment was, but my bank account records that i currently have don't show any paayment for at least 5 1/2 years. would have to really dig to go longer, but my assumption is if i had made a payment within 6 year mark, it is by a matter of possibly weeks, if not over the 6 years. Utah law is 4 years SOL on open-ended accounts which should include credit cards. utah code 78B-2-307 Some judges opt to validate the 6 year statute code 78B-2-309 citing that it is considered a written contract, and gets 6 years. there is other informarion that it shouldn't be a SOL of 6 years, but i have read all jdb in the state fight the 6 years and despite legal definitions by the state, judges often side with 6 years so it seems to be luck of the draw over letter of law. So my main concern in my general denial is wht to put in my affirmitive defenses? I know i am cleared for the 4 year, and is very possible i am even cleared for the 6 year, but it would take time i no longer have to find out for sure. Should I list SOL in my affirmative defenses now, or should i wait for discovery? Best template for response appreciated. if i wait for discovery, how should i word my response now to allow that to be brought up during discovery? Some say if you dont bring it up in your response, then you cant bring it up later.... Also, anything else you would list in affirmarive defences? Would love input ASAP as i have about 24 hours Thank you in advance! Only idea i have so far is the general denial to paragraph items 2-5
  4. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies, I can't find it so I can't refer to it. Brief scenario. Dell Financial Asset Acceptance claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court ordered" so I never questioned it...many thanks to those of you that educated me on the difference so I could start screaming they tricked me on purpose. I was late on responding to items..but then, so were they. I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL). I put the book to memory...saw some really cool ideas and went for bear. Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me". They won in court appointed arbitration. I appealed and court date set. I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing). I never whined, but will if I have to use that. SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California. Only used Oregon when it looked like it would help them. I said..."bite me". I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003). In the appeal following my loss in court appointed ARB, I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (??? I think it was 2012). I kept screaming. Kept kicking.... In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding. JAMS it is. I filed, I included everything that should have been included in the original response and subsequent discovery papers, but didn't know any better. I hit them with everything I had including all their screw ups that they will be fined for. JAMS accepted it on March 19. March 27, I received an offer of .... cough cough... settlement. Pffft. A get out of jail free card for AA. I will not sign it. It is garbage. AA did not send a copy of the settlement offer to the court, as the Judge had ordered. So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration. Course not, JAMS sent them an invoice for $800. (Remember, they pay all fees.) And they say I owe $1,100. They already owe me $350 for what I have had to file...citing same clause in agreement. AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago. They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me. I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage. YAY. So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it. Not likely. Something like that will cost them...made payable to ME. That paragraph will be changed. The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up? Not sure how much that is worth...possibly priceless. I may just say "bite me". I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign. Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all). Please, please feel free to comment...good and bad. I need straight talk. Thanks so much!
  5. Good morning everyone, I am new here and let me start by saying thank you for this site, I have used the template here to contact a collections company I saw on my credit report, they put in the date on 9/2007 this is when I turned 18 but its for a medical bill for 5/2007 I was a minor and my mother was tooke me to the hospital, I was given care and send home, I moved away when I turned 18 and I never even heard from them, but I was taken to collections and a judment was taken out on me! I was under 18!! I was never even told about this my mother is the one who got the bill she was filing for bankrupcy and this went into it they never served me nothing... fast forward to a month ago I saw it on my credit report for a home and I called NAR and talked to them the said I owe it and that there is nothing they could do the would not even tell me what it was for, I then send a letter to them to find out what it was even for when they annouced it was for a bill on 5/2007 I again told me that I was under 18 that that the bill was for 300 now somehow its for 1200 its been since 2007 is it not passed the statu of limitations for this? how could they give the credit beraou the wrong information?? I have no idea to to do now. I do not want to pay and I want atleast the info on my report to be correct, is it legal for them to collect after this many years? is there anything i can do to fight this? to correct my credit or get this judment off my record? any help would be so important my mortage person wants this fixed before my loan:( whats worse this been hurting my credit for years and I didnt even know. Thank You Koco
  6. Hi All, I've been a bit quiet about my case lately. Frankly I was overly stressed and just needed to keep things to myself for a bit. However an interesting development has come up. I served my Request for Admissions on 9/4. Under Utah rule they had 28 days to respond. If they did not respond then the admissions would be deemed admitted. The 28 days was up on 10/2. As of today I still have not received their response. I need to know what my next step is to get this dismissed. I've listed my admissions below. Any help is appreciated. 1. Admit that you are not the legal owner of the alleged account. 2. Admit that you have no admissible evidence that the Defendant owes the alleged debt. 3. Admit that Plaintiff's disclosed document named Account Detail is self-serving and was created for litigation purposes. 4. Admit that you have no proof that the disclosed document titled Citibank Cardmember Agreement for the Dell Account was the agreement in force on the alleged account at the time of the alleged default. 5. Admit that Plaintiff's witness Elizabeth Gamache has no personal, firsthand knowledge of record keeping procedures, billing practices, Defendant's alleged use of the alleged account, and any alleged agreement between Defendant and DELL FINANCIAL SERVICES/CIT ONLINE BANK.
  7. I had a hearing today to set aside a judgment. After clearing the first 2 hurdles (excusable, and responding within timely manner), the 3rd was that I must show merit. I certainly felt I did that, but the Judge didn't think any of my points had merit. I argued that the Plaintiff had not shown that they own the debt, had submitted a 2003 Fleet Card agreement along with a 2005 CC agreement from Bank of America, and nothing had been shown to prove that FIA owned the debt. In addition, I tried to argue that there was not standing to sue due to point 3 below, but he didn't listen to that argument as he said it had no bearing on merit. The Constantino Law attorney argued that FIA had purchased Bank of America and there would be plenty of newspaper articles to show this. I replied that FIA, in their complaint, claimed to be in the business of purchasing and collecting past due credit accounts, and that that sounded to me more like a debt collection company, not a CC company. Regardless, there had been no evidence for me to see that they had purchased my debt. the judge explained, as if I didn't already know, that this happens all of the time where bad debt is sold off to other companies and unless I had something else to show merit then he was ruling that I had no merit. I was at a loss. HELP PLEASE!!! Defendant’s Opposition to Summary Judgment IN THE 3rd JUDICIAL COURT, STATE OF UTAH,SALT LAKE COUNTY FIA Card Services, NA, ) Plaintiff, ) Case No. XXX000XXX000 vs. ) me, ) Defendant(s). ) DEFENDANT’S AFFADVIT IN SUPPORT OF MOTION 1. I am the defendant in this lawsuit. 2. A default judgment was entered against me on XX-XX-XXXX. 3. This was my excusable defense, but leaving out details here as it was accepted and irrelevant to the "merit" which was the issue for the judge. 4. Defendant also believes that Plaintiff has purported fraudulent documents to support their case and pursuant to Rule 60( (3) of the Utah Rules of Civil Procedure, defendant has further argument for relief from the judgment. The elements to this defense are stated below: 1. The affidavit of LINDA HODGIN, an employee of the Plaintiff, submitted by plaintiff attempts to purport a fraud on this court. According to the “Statement of Undisputed Facts” submitted by the Plaintiff (All of which were disputed in the Answer to Complaint), the Plaintiff, FIA Card Services, N.A., is in the business of purchasing and collecting delinquent accounts”. “All of the requirements of § 490.680 must be satisfied for a record to be admitted as competent evidence. State v. Graham, 641 S.W.2d 102, 106 (Mo. banc 1982). To satisfy these requirements, the records "custodian" or "other qualified witness" has to testify to the record's identity, mode of preparation, and that it was made in the regular course of business, at or near the time of the event that it records. State v. Sutherland, 939 S.W.2d 373, 377 (Mo. banc 1997). For that reason, a document that is prepared by one business cannot qualify for the business records exception merely based on another business's records custodian testifying that it appears in the files of the business that did not create the record. State v. Anderson, 413 S.W.2d 161, 165 (Mo.1967); Zundel v. Bommarito, 778 S.W.2d 954, 958 (Mo.App. 1989) ("The business records exception to the hearsay rule applies only to documents generated by the business itself.... Where the status of the evidence indicates it was prepared elsewhere and was merely received and held in a file but was not made in the ordinary course of the holder's business it is inadmissible and not within a business record exception to the hearsay rule under § 490.680, RSMo 1986.") A custodian of records cannot meet the requirements of § 490.680 by simply serving as "conduit to the flow of records" and not testifying to the mode of preparation of the records in question. C. & W. Asset, 136 S.W.3d at 140.” id at pg. 63" CACH LLC. v. Askew, 358 S.W.3d 58(2012) 2. Plaintiff has also sought to defraud the court by submitting a 2005 unsigned Bank of America card agreement purported to be the underlying contract for a Fleet Bank offering that expires in 2003. In addition, the billing statements submitted by Plaintiff do not show an account open or account activity in 2003 or 2005. Plaintiff has failed to provide a valid contract supporting the actual terms and conditions agreed to by defendant. Furthermore, Plaintiff has failed to provide any evidence that defendant received any consideration from FIA Card Services or assented to any terms or conditions allowing Plaintiff to receive interest, late fees, or attorneys fees, as erroneously awarded in this case. 3. While Plaintiff cites Allenberg Cotton Company v. Pittman, 419 U.S. 20 (1974), in support of its exemption to registering as a Utah business, the case does not provide authority for invalidating the Utah licensing statute. In Allenberg Cotton, a Tennessee cotton merchant challenged a Mississippi statute that required any “foreign corporation doing business in the state” to register with the state; a corporation failing to register was barred from suing in Mississippi state courts. Id. at 21 n.1 (citing Miss. Code Ann. § 79-3-247 (1972)). The statute did not discriminate against out-of-state corporations. See id. at 40 (Rehnquist, J., dissenting) (“Mississippi’s qualification statute is concededly not discriminatory. Domestic corporations organized under her laws must submit themselves to her taxing jurisdiction, to service of process within the State, and to a number of other incidents of corporate existence which state law may impose.”) Nonetheless, the Court held that Mississippi could not constitutionally apply the denial-of-aforum sanction to the Tennessee merchant because the merchant’s business was exclusively interstate in character, and thus the Commerce Clause barred the state from regulating it. Id. at 33. The appellant’s contacts with Mississippi did not exhibit the sort of localization or intrastate character which were required in situations where a State seeks to require a foreign corporation to qualify to do business. Assuming without deciding that the Allenberg Cotton approach remains applicable in certain cases despite the Court’s more recent use of the two-tier analysis described above, Allenberg Cotton is distinguishable. In Allenberg Cotton, the Court emphasized that the business being regulated was part of an “intricate interstate” commodities market. 419 U.S. at 29. In contrast, state licensing requirements for debt collectors “have long been viewed as a proper matter for regulation by the states.” Silver v. Woolf, 694 F.2d 8, 12 (2d Cir. 1982). “ Debt collection practices are intimately related to the use of state courts,” and, based on the savings provisions of the FDCPA, “there are affirmative indications that Congress believes state regulation of debt collection agencies to be desirable.” Id. In this case it is clear as a matter of law that FIA Card Services, N.A. is ‘doing business” in Utah by purchasing and pursuing an alleged debt which is, as stated by the plaintiff’s council, the nature of their business. Thus, Plaintiff is illegally operating without a license or bond as required by UFDPA 12-1-1. Plaintiff lacks standing to sue and therefore, summary judgment is without just cause. In addition, see (Bradco vs. Hilco Receivables 2011). 4. As admitted by Plaintiff in #1 statement, FIA purchases debt and collects on those debts. Plaintiff has shown no evidence that they own the alleged debt or proven assignment thereof.
  8. Hi All, First a bit of background. Received complaint from Asset Acceptance. Nothing was attached to it, just the complaint. Filed answer claiming lack of information and denying everything. No Affirmative Defenses were used. Earlier this month I received Plaintiff's Initial Disclosures, RFP and RFA all on the same day. With the Initial Disclosures they included a generic copy of a cardmember agreement and what looks like a screenprint from the Lawyer's office laying out the alleged original balance from the OC, costs, interest and alleged current balance.This also had my Name, SS# Address, Phone, and DOB. Their Initial Disclosures were severely lacking so I sent a meet and confer outlining my concerns and giving them 10 days to respond. That was on May 16th. Today I sent them my Initial Disclosures and Answers to their RFP and RFA. Since they have not yet disclosed anything that appears admissible I know I need to be careful with my own RFP's and RFA's so they cannot get something in that they did not disclose. With that being the case, am hoping for some suggestions on what I should request. Keep in mind that I am limited to 5 of each unless I feel the need to file a motion for ​Extraordinary Discovery. These may not be necessary as if they do not respond to my meet and confer, I plan on filing a Motion in Limine to preclude all of their witnesses and documents that were disclosed. However, I would like to get rolling on these anyways just in case they end up having half a brain and actually respond to my letter. Thanks in Advance.
  9. So I got the summons on 2/13 and I've done some research but the deadline is coming quick. Any help would be so much appreciated. I'll follow the format for posting. 1. Who is the named plaintiff in the suit? -- Asset Acceptance, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) -- It just has the names of the attorneys. I'm unsure if it's a good idea to post their names. LMK if it's important to know 3. How much are you being sued for? -- 2XXX+ 4. Who is the original creditor? (if not the Plaintiff) -- Dell Financial Services / Cit Online 5. How do you know you are being sued? (You were served, right?) -- I got served! 6. How were you served? (Mail, In person, Notice on door) -- Process server/P.I. left it with my roomate. 7. Was the service legal as required by your state? -- Yes, I believe it was. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? -- None, that I know of. 9. What state and county do you live in? -- Utah, Salt Lake County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) -- I honestly can't remember and can't find anything on my CR (nor can I pull another CR for free. Pulled them in June last year.) 11. What is the SOL on the debt? To find out: -- I'm guessing 6 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). -- I don't know. I will be calling the clerk tomorrow as it's been 15 days and the plaintiff is supposed to file within 10. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) -- No, I haven't. 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? I have 20 days. The summons has 2 lists in it, Claims and Demands, as follows: CLAIMS: 1. Defendant resides in this county and/or signed the contract giving rise to this action in this county. Jurisdiction and venue are proper in this court 2. Defendant entered into a contract with DELL FINANCIAL SERVICES/ CIT ONLINE BANK opening an account ending in XXXXXXXXXXXX, which contract was subsequently assigned to Plaintiff. 3. Defendant has defaulted on the obligation under the contract. 4. The amount due and owing to the Plaintiff is $2XXX.XX plus accrued interest of #XX.XX as of Nov. 2012 at the rate of 10.00% per annum less any payments made. In addition, Plaintiff is entitled to recover interest from Nov. 2012 until the date all amounts due are paid. 5. Plaintiff may be entitled to recover a reasonable attorney's fees as provided in the contract. In the event Defendant fails to respond to this Complaint, and default is entered, Plaintiff may seek attorney's fees in the amount of $400.00 pursuant to U.R.C.P. 73. Said fees will not be shared in violation of Rule of Professional Conduct 5.4. 6. The Plaintiff may also be entitled to additional attorney's fees for post-judgement services rendered in accordance with applicable law. 7. Further, equity requires Defendant to pay the value of the benefits received. DEMAND: Plaintiff requests judgement as follows: A. For damages in the amount of $2XXX.XX plus accrued interes of $XX.XX as of Nov. 2012 at the rate of 10.00% per annum less any payments made; B. For additional interest from Nov. 2012 until amounts dues are paid at the rate of 10.00% per annum; C. For reasonable attorney's fees (if any) in the amount of $400.00 purusant to U.R.C.P. 73; D. For post-judgement attorney's fees in accordance with applicable law; E. For costs of court both prejudgment and post-judgment; and F. Any other relief as the court deems just and equitable. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. -- Nothing So, I want to get my answers ready. I'm not even sure I should affirm the first claim. I don't believe SOL has been reached, but I'm not certain. The account is with Dell, as it says above. I currently have a Dell Financial account in good standing so I know it's not referring to that. How might I find out if this is past the SOL? I don't know if this was assigned or bought by Asset Acceptance. If they prove that they're assigned in the contract, I won't have any way to fight, right? Again, thanks in advance for any help.
  10. I'm starting this thread as mainly a sanity check and to ask questions. I've dealt with Johnson Mark before, however it was several years ago. In that case the amount was so small that once I answered and started discovery I think they decided it was more trouble than it was worth. In that specific cases I threw the laundry list of Affirmative Defenses at them (23 total) From what I have been reading over the past few days, it sounds like that probably isn't the best way to go. My main concern right now is making sure that I don't hang myself with any affirmative defenses. Thanks in advance for the help. 1. 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.) Johnson Mark 3. How much are you being sued for? ~$1600.00 4. Who is the original creditor? (if not the Plaintiff) Dell Financial 5. How do you know you are being sued? (You were served, right?) Served in Person 6. How were you served? (Mail, In person, Notice on door) Served 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? Utah, Salt Lake 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Possibly April 2010 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). Suit Served. Too early to confirm it has actually been filed. 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? 20 Days from service on 3/21 Will post the full summons below. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing
  11. Hi all, I have a quick question about Utah Rule 26. Part of it states Filing. Except as required by these rules or ordered by the court, a party shall not file with the court a disclosure, a request for discovery or a response to a request for discovery, but shall file only the certificate of service stating that the disclosure, request for discovery or response has been served on the other parties and the date of service. As a sanity check, I just want to confirm that this includes Admissions as they are part of discovery.
  12. I just received my initial disclosures from A$$et Acceptance. Initally I didn't think much of them but as I thought about them a bit and read them a bit closer, some I found some interesting things and need to know if they are worth my time and what I should do. Keep in mind that these are in Utah and they are not actually filed with the court. From what I understand, this means there is nothing to file any motions against. Below is a summary of what I found. 1. The most glaring thing was that they listed Asset Acceptance and Dell Financial Services as "Individuals With Discoverable Information and May Call Fact Witnesses" The rule indicates that they need to provide the name and address of each Individual. As these are companys and not individuals it would seem that they have not complied with the rule. Am I correct in my thinking here and if so, is it worth my time to address and how should it be addressed? My concern is that if I don't do something, they can use ANY employee from the 2 companies under the excuse that they disclosed. 2. Under Asset's listing as a witness, the provide the following. Subject of Testimony: account history, communications between Plaintiff and Defendant, any communications regarding this account, account transactions, account liabilities, account obligations, account records, account balance, interest rate, finance charges, terms and conditions, contract, agreement, charge off, chain of title, assignment, sale or transfer of the account, any amendments or notices concerning the above, and payments made, if any . Summary of Testimony Defendant applied for a credit account. At the time the account was opened, Defendant was provided with an agreement setting forth the terms and conditions of the contract between the parties. Defendant accepted and used the credit account and thereby assented to all terms of the agreement. Defendant agreed to make periodic payments whenever there was a balance due on the account. Periodic statements were sent to the Defendant reflecting transactions, interest rate, charges, or fees. Defendant failed to pay according to the terms and conditions on the credit account or as required by equity. Plaintiff holds all rights to the account The thing that has me wondering is the summary of testimony. Assett cannot possibly testify to just about all of this as they are not the OC. Correct? If so is it worth my time to address and how should I address it? My initial thought on this is that I should send the attorney a letter pointing out their definicies and requesting that they clarify. And then if they don't, file for Sanctions and a Motion to Compel. Thoughts?
  13. HELP NEEDED, PLEASE! Asking for Security Costs in Utah seems to be relatively uncharted territory and I feel we need to fight this as best we can to set a precedent for future cases against the JDB's. I filed my Motion for Security Costs on March 13th and JM for Midland Funding was served on March 14th. (These were posted on another thread). As per the Utah Rules , a response in opposition needs to be filed within 10 days and if they are served via USPS mail add 3 day for a total of 13 days. On March 28th, (15 days after Plaintiff was served w/ Motion), I filed my Request for a decision and the Plaintiffs attorneys were served with the request on March 29. On March, 29th, Plaintiff mailed opposition to security costs and I was served with it today, April Fools Day. Here is their answer: Argument - "Defendant has requested a cost bond to be filed by Plaintiff but has failed to show or allege what costs (not attorney fees but costs) he might incur in this case. As such, without even alleging what costs might be incurred, Defendant cannot have shown any "reasonable necessity" for any such cost bond. Furthermore, the Utah Rules of Civil Procedure have recently been amended with the specific goal of keeping costs such as this one down to a reasonable amount. Finally, Defendant cites a number of cases about attorney fees, however, Defendant in this case, is pro se and as such he cannot at this time be awarded attorney fees. Until or unless Defendant can show the reasonable necessity for a cost bond, his request should be denied." First of all the Plaintiff's response was late, although I am beginning to believe this is just another tactic for the JDB, should I still provide the Court an answer to the Plaintiff's opposition. I have 5 days to do so. Regarding the formulation of an answer, it seems the Plaintiffs answer seems to be simply that since I am Pro Se, I won't have any attorney fees. This certainly does not mean I will not have costs involved in dealing with these wretched creatures. It is not possible to know in advance, what costs I might have. I am a Pro Se Defendant, and this is all new to me. Plus according to Utah Law, a Pro Se Defendant may be entitled to Fees if the Defendant wins its case. In my Motion I mentioned we were in the early stages of Discovery. It is interesting controlling costs is only important for the Junk Debt Buyers, since they have to file so many lawsuits!!Any help would be greatly appreciated!! I also received in the same packet from JM, Plaintiff's Statement of Discovery Issues. Plaintiff had asked for 6 years of bank statements in initial discovery. My answer was "After a diligent search and reasonable inquiry, no such documents are in the care, custody or control of the Defendant. Defendant has not maintained a bank account foe over 3 years". Which I have not. Here is their Statement: Plaintiff sent Discovery to the Defendant. Defendant provided a response. However, Defendants responses to Plaintiff's Discovery were incomplete as Defendant failed to provide any of the requested documents. Based upon the Defendants defective responses, Plaintiff requests the Court order to fully resond within 14 days. Said requests are proportional as the information is needed for this case, the burden is minimal as the requests are for information in the Defendant possession or control or the Defendant can respond indicating that it is not, the discovery is not cumulative and the information is for the Defendant knowledge or understanding of the facts. ( this is actual wording) Defendant's bank records are relevent and discoverable in this matter because they are business records identifying creditors to whom Defendant. As such they are likely to identify creditors to whom Defendant has recognized an obligation to make payments. Further, such bank records are likely to evidence Defendants failure to make payments that were due. ( again exact wording)Any help would be greatly appreciated.
  14. 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 accrued interest of $730 since 4/30 and accruing at 10%; plus $775 attorney fees 4. Who is the original creditor? (if not the Plaintiff) Chase 5. How do you know you are being sued? (You were served, right?) Served complaint 6. How were you served? (Mail, In person, Notice on door) In Person at home 7. Was the service legal as required by your state? 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? Don't recall any correspondence, but I rarely look at the collection letters mailed because I cannot settle or do anything now. Since the first summons, Johnson Mark has evidently bought a 2nd credit card debt (Capitol One)of $60XX.00 and sent me a letter to collect 9. What state and county do you live in? UT. Salt Lake county 10. When is the last time you paid on this account? 9-20-11 11. What is the SOL on the debt? I believe 4 years 12. What is the status of your case? Suit served? Motions filed? Answered Initial Summons (with help from CIC); Need to respond to Plaintiffs request for Production of Docs / Admission 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Should I do this now? 14. Did you request debt validation before the suit was filed? No. Didn't know to at that time. 15. How long do you have to respond to the suit? 28 days from 11/23/12 on discovery response. We need to know what the "charges" are. Please post what they are claiming. That I signed & entered into a contract & defaulted on the obligation Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not yet 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached about 12 months worth of statements, a list of "may call" fact witnesses, & of course, no contract was submitted I have readied my responses according to information gathered on this forum: Request for Docs: 1. Any documents that relate or refer to the Plaintiff’s claims or your defenses in this Action, including but not limited to the following: any letters, emails, faxes, communications, notices, agreements, applications, statements, receipts, proofs of payment, check stubs, or other documents relevant to this Action or this Account. Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. 2. The last six (6) years of Bank statements from all financial institution that you have used or where you have an account. Answer: Request seeks documents that are irrelevant and are overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 3. Any communication(s) and correspondence(s) with anyone related to this Action or this Account, including but not limited to CITIBANK, Plaintiff, third-parties, any fact witnesses, expert witnesses, professionals, (whether they have been retained to testify or not). Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. 4. Any documents you may present as evidence or exhibits in a trial of this Action, including without limitation, any reports or exhibits prepared by any expert or lay witnesses pertaining to this Action and any documents relating to any witness you intend to call at trial. Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. Admissions: 1. Admit you entered into a contract CITIBANK thereby agreeing to pay for the balance on the account. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 2. Admit you used, or authorized the use of, the Account to obtain goods, services, or money. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 3. Admit that you did not dispute, within sixty (60) days and in writing, any item in the periodic written statements sent to you regarding this Account. Answer: Defendant expressly denies. Defendant requested Validation of debt within 30 days of first letter received and litigation requests followed shortly thereafter giving Defendant no time to dispute the allegations contained therein. 4. Admit that you failed to make all payments pursuant to the terms of the contract. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 5. Admit Defendant is indebted to CITIBANK and its subsequent assignee, the Plaintiff, for the Account Balance as defined above with interest at the rate of 10.00% Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. Let me know if there are any suggestions here, but my main questions are: (1) Do I submit my "Defendants Request for Production of Documents & Admissions now too? (2) i've read that I should do an "Initial Disclosures" when answering the complaint, but I didn't know it then. It is suggested that I list Midland Funding's custodian of record as a witness on this. Can I submit it now with my response to "request for Docs / Admission"? (3) Should I submit interrogatories now? When? (4) How about "An objection to the Complaint"? I've read and understand how to do many of these things somewhat thus far, but I do not know when or if some are necessary at this point. Thanks again!