rodeomom Posted November 29, 2004 Report Share Posted November 29, 2004 Hope all had a great holiday. Here is update on my situation.Being sued by CA - Kramer & Frank, attorneys for OC Crap 1.Answered summons in Oct., requested more time from courthouse. Now have case management conference for next monday at courthouse, me and CA both to be present, I don't know if they'll show up or not.When I answered summons I sent CA a CMRRR answer that was filed with court by me. I directly requested DV and also noted that I am not this person. They keep misspelloing my first name on everthing and still are spelling it incorrectly.A couple of days later sent a CMRRR DV Letter.CA sent me big packet of papers typed up to look like legal court papers, except no date/filing stamped on them and has their firms' note at bottom of cc on K - re. 7/04.PLAINTIFF FIRST REQUEST FOR ADMISSION DIRECTED TO DENFENDANT there are 3 copies of this oneREQ 1 Wants me to admit I entered into contract for extension of credit.REQ 2 Wants me to admit all docucments from plaintiff are true and correct recitation of terms an dconditions of contract.REQ 3 wants me to admint had cc with acct. # XXXXXXXXXREQ 4 wants me to admit i used said ccREQ 5 Plaintiff performed all obligations of contractREQ 6 wants me to admit I rec. itemized monthly statementss from plaintiffREQ 7 wants me to admit I breached contract by failing to make payments required.RE 8 I wants me to admit I am indebted to plaintiff for $ they sayPLAINTIFF FIRST INTERROGATORIES DIRECTED TO DEFENDANT there are 3 copies of this one.this seems to be asking for a detailed account of my documentation against each of the 8 requests they made aboveINSTRUCTIONS FOR USEIf I cannot answer interrogatoies fully, then to best possible extend.Interrogatories shall be demmed continuing in nature and sent to them with in 15 days of rec.,(no problem) just got this fri and will be sending in next day or two my answer to them)In answering I have to identify a document, inlieu of identlying the document I may furnish as an exhibit documentation and correlating information.CERTIFICATE OF SERVICEthis came reg. USPS, not CMRRRPLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT.This want me to provide all cancelled checks, bank statements, receipts, billing statements showing all acct. historyany communications between me and debt mgmt co, debt reduction, & debt elimination co.any form provided to me by 3rd partycorrespondenct between me and plaintiff relating to allegations in petition whether in writing, reduced to riting, stenotype, recording, video or other.all documentation in my possession regarding this matter. SEEMS TO ME THEY WANT ME TO DO THEIR JOB FOR THEM. Ok, I have to answer all this, but how exactly. I think I deny all and send 2nd DV letter, and tell them I will not do their job for them.Do I send them a copy of the wollman letter also,Please give any and all advice you can.I plan to go to confreence and take as much info as I can to support myself in making them DV the debt.what else should I do.hope to have a bunch of violations if possible. this debt is @$1600. can't pay it off. and not close to SOLrodeomom Link to comment Share on other sites More sharing options...
DocDon Posted November 29, 2004 Report Share Posted November 29, 2004 ...and what do attorneys do when given questions? Deny everything. What an abuse of power to make you feel compelled to hand their case to them on a silver platter. Link to comment Share on other sites More sharing options...
Josh Mcgrath Posted November 30, 2004 Report Share Posted November 30, 2004 "...I deny each and every, plural and singular, accusation listed in the complaint..." Link to comment Share on other sites More sharing options...
blrogs Posted November 30, 2004 Report Share Posted November 30, 2004 ditto the above, list each one as I Deny, this is what their attorneys would do! GL Link to comment Share on other sites More sharing options...
Josh Mcgrath Posted November 30, 2004 Report Share Posted November 30, 2004 If you don't mind me asking, how much are they suing over? I am about to be down the same road...EDIT: but I am 'judgment proof' though. Link to comment Share on other sites More sharing options...
rodeomom Posted November 30, 2004 Author Report Share Posted November 30, 2004 Doc Don - Precisely Correct!I don't mind at all.$1,100.00, my attorney who looked over it said with what they are asking fees, etc. expect @ $1,600.00 when done, if they win.I will deny each and every one of their items and also state in my letter, I will not validate this debt for them.Does anyone think I should site any past specific cases as to what constitiutes proper debt validation?Josh - what have you done to make yourself judgement proof? My home is safe with homestead exemptions stuff, no equity, 2 mortg. my name is one one of my vehicles, but I have to have a vehicle to maintain my daycare license, and only worth @ 5,000 anyway.Im in Kansas.Have removed my name from all checking accts. but one and am only keeping @10.00 in it.Thanks so much for help and advicerodeomomstopped direct depositswe do have a trailer me & dh on loan. could be sold for @the 7,000 that is owed on it.what else do I need to do or know about making myself judgement proof? Link to comment Share on other sites More sharing options...
Josh Mcgrath Posted November 30, 2004 Report Share Posted November 30, 2004 rodeomom, I am judgmentproof because I have no job, I live at home. My car is paid off, but in both mine and my mother's name. And have all my assets hidden with other people....oh wait, I have no assests lol Not that any of that maters, because Texas is a very debtor-friendly state. I reccomend you look do some more research. Judgment Proof Definition QUOTE: judgment proof definition – judgment proof means that a person would be unable to satisfy a court ordered judgment because the person is poor (i.e. to broke to pay).Another : Judgment Proof:You may be considered "Judgment Proof" during periods of unemployment or while drawing disability pay or disability retired pay. Also, if you have no assets such as home, car, land, and other big-ticket items. In other words, you have no money and can prove it!Go here...it might help you. (man Im a sloppy poster ) http://www.fair-debt-collection.com/searches/judgment-proof-disability.html Link to comment Share on other sites More sharing options...
Josh Mcgrath Posted November 30, 2004 Report Share Posted November 30, 2004 'y'know what... hopefully someone can post more information. Do your own research, that'll make me feel better. Keep in mind that "judgement-proof" is not called that in court hardly and is NOT permanent. Hopefully RecoveringAttorney can post and help you more. lol 8) Link to comment Share on other sites More sharing options...
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