saramorgan Posted September 8, 2007 Report Share Posted September 8, 2007 We were served a couple of weeks ago by Arrow and plan to submit our answer and defense shortly. I've read through the RCPs and still find myself confused about a couple of things. I tried to get with a NACA attorney but he said he was too busy to take the case and the appt. I had to speak to him by phone never happened (he never called).I've spoken to my BIL who is a NY/NJ attorney(personal injury) and he has shot down a lot of what I was planning to use against the CA, like trying to strike as hearsay the bogus "exhibit A" affadavit from a CA clerk stating she has personal knowledge of the debt (and pigs are flying right now).So for all of you NC people who have been to court, what was it like and do you have any advice on how our court system works here? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted September 9, 2007 Report Share Posted September 9, 2007 yes and with all due respect keep CALLING your NACA guy or find another one.. we have several listed so I would keep trying.. judges are not thrilled when you defend yourself if you dont know what you are doing.. GET a NACA lawyer.. as I said they dont have to be in the same city.. much of this can be done by phone or fax.. but find one and dont wait for them to call back you have to get on them and be a pain... Link to comment Share on other sites More sharing options...
nascar Posted September 9, 2007 Report Share Posted September 9, 2007 What are some of the specifics about your case? You can PM if you don't want to post. Link to comment Share on other sites More sharing options...
saramorgan Posted September 9, 2007 Author Report Share Posted September 9, 2007 LOL........I thought I was a pain in his keister Carolina and that's why he wasn't calling me back. It hadn't occured to meto call someone further away but I will do that on Monday.1. Who is suing you? Arrow Financial LLC assignee for GE Money Bank2. For how much? $37003. Who is the original creditor? GE Money Bank4. How do you know you are being sued? Received complaint on 8/255. How were you served? Were you served? Served by Sherriff6. What was your correspondence (if any) with the people suing you before you think you were being sued? Recieved a faxed settlement offer 5/06 made one payment but did not sign an agreement. Received a letter two months later saying "Past Due Balance........thank you for your promise to pay blah blah blah"7. Where do you live? NC8. When is the last time you paid on this account? 5/06 to arrow and 1/06 to GE Money9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). It was just filed on 8/8 so I need to check on that.10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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 interrogatory received and only 4 statements on the complaint.13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Only evidence submitted was an affidavit from a clerk who works for Arrow stating she has personal knowledge of the debt yada yada.14. What is the SOL on the debt? To find out: We are within SOL Link to comment Share on other sites More sharing options...
saramorgan Posted September 9, 2007 Author Report Share Posted September 9, 2007 Arrow is also reporting as a factoring company on the credit reports. There is something weird with how they are reporting dates on EQ though.They are reporting the DOLA as 4/05 and the Date Maj. Del. 1st Reported as 7/06. The debt was sold in March 2006 and GE shows a charge off date of April 2006. They bought the account in default because I wasn't able to make full payments and that is why it was sold. I made payments just not what the minimum was each month (DH had two heart attacks within 4 weeks and we had no insurance). I had made a deal with GE money to pay less but they didn't stick to it (no I didn't get that in writing).The amounts on my last statements from GE Money are different from what we are being sued for. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted September 10, 2007 Report Share Posted September 10, 2007 LOL........I thought I was a pain in his keister Carolina and that's why he wasn't calling me back. It hadn't occured to meto call someone further away but I will do that on Monday.1. Who is suing you? Arrow Financial LLC assignee for GE Money Bank2. For how much? $37003. Who is the original creditor? GE Money Bank4. How do you know you are being sued? Received complaint on 8/255. How were you served? Were you served? Served by Sherriff6. What was your correspondence (if any) with the people suing you before you think you were being sued? Recieved a faxed settlement offer 5/06 made one payment but did not sign an agreement. Received a letter two months later saying "Past Due Balance........thank you for your promise to pay blah blah blah"7. Where do you live? NC8. When is the last time you paid on this account? 5/06 to arrow and 1/06 to GE Money9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). It was just filed on 8/8 so I need to check on that.10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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 interrogatory received and only 4 statements on the complaint.13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Only evidence submitted was an affidavit from a clerk who works for Arrow stating she has personal knowledge of the debt yada yada.14. What is the SOL on the debt? To find out: We are within SOLLOL be a pain , I know I was but it worked.. My lawyers I have never met face to face.. everything was done via email , conference calling and faxing... I finally saw one of them on a company news later six months later.. LOLso calling far away is fine.. in fact the first one I called was two hours away until my guy showed up on the NACA site.. he is still about an hour from me and the VA lawyer that was on my case is in Richmond, easily five hours from me.. so don't let distance deter you BE a huge pain.. lol.. just as long as you are polite.. OH and dont call in the morning.. they are usually in court.. nab em after lunch around 2. Link to comment Share on other sites More sharing options...
saramorgan Posted September 10, 2007 Author Report Share Posted September 10, 2007 Thanks for the tip Carolina Would you mind telling me which NC guy you used? You can PM me if you are comfortable sharing that. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted September 10, 2007 Report Share Posted September 10, 2007 I don't know why the attorney told you that the hearsay claim was weak. It's very strong, IMO. The employee for Arrow has no first hand knowledge of the alleged debt so it's hearsay! Link to comment Share on other sites More sharing options...
nascar Posted September 10, 2007 Report Share Posted September 10, 2007 I don't know why the attorney told you that the hearsay claim was weak. It's very strong, IMO. The employee for Arrow has no first hand knowledge of the alleged debt so it's hearsay!The business records exception ... Link to comment Share on other sites More sharing options...
saramorgan Posted September 10, 2007 Author Report Share Posted September 10, 2007 Yep, he said most judges will look at the business records as appropriate first hand knowledge. Plan to start down the list of NACA attorney's this afternoon .........wish me luck Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted September 10, 2007 Report Share Posted September 10, 2007 Yep, he said most judges will look at the business records as appropriate first hand knowledge. Plan to start down the list of NACA attorney's this afternoon .........wish me luck Wouldn't they have to show a copy of the "business record" that calculates this claimed amount? Link to comment Share on other sites More sharing options...
saramorgan Posted September 10, 2007 Author Report Share Posted September 10, 2007 One would think so, however, he said that during discovery they have the opportunity to do that. If they don't do it then, I can motion to have it striken as hearsay. I have no idea if this is correct under NC law and am in the process of leaving messages for every NACA attorney in NC.........LOL Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted September 10, 2007 Report Share Posted September 10, 2007 One would think so, however, he said that during discovery they have the opportunity to do that. If they don't do it then, I can motion to have it striken as hearsay.That sounds better to me, thanks! Link to comment Share on other sites More sharing options...
saramorgan Posted September 10, 2007 Author Report Share Posted September 10, 2007 So the one guy I spoke to said that we could write a letter stating we dispute the amount and request a hearing which would then send us to arbitration. We owe this debt and plan to pay it but they are asking for twice what we owe.Now I'm even more confused than when I started........LOLDo I challenge the validity of their right to collect as an assignee or do I just go into arbitration? WWYD? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted September 11, 2007 Report Share Posted September 11, 2007 Do I challenge the validity of their right to collect as an assignee or do I just go into arbitration? WWYD?Arbitration? Might as well pull your pants down and bend over.ANYTHING BUT arbitration!!! Link to comment Share on other sites More sharing options...
nascar Posted September 11, 2007 Report Share Posted September 11, 2007 ANYTHING BUT arbitration!!!I don't think this is arbitration in the sense you are thinking. North Carolina court rules require mediation in certain civil actions. If the case cannot be decided through that process, then it will proceed to court. Link to comment Share on other sites More sharing options...
cracrap Posted September 11, 2007 Report Share Posted September 11, 2007 Might as well pull your pants down and bend over.you say it like its a bad thing8-) Link to comment Share on other sites More sharing options...
saramorgan Posted September 11, 2007 Author Report Share Posted September 11, 2007 I might not have a choice about mediation, there is a note on the summons about NC requiring it in some civil cases.I'm just going to submit my answers and keep trying to find a lawyer. Link to comment Share on other sites More sharing options...
saramorgan Posted September 15, 2007 Author Report Share Posted September 15, 2007 Spoke to another NACA guy who was very nice but to far away to take the case He also suggested working out something with the CA's lawyer which I'm thinking is what we will end up doing I suppose. Why has it been so darn hard to get an attorney?????I hope my defenses are ok, I'm attacking the validity of their right to collect basically. Right now I just want to prevent a default judgement so I will submit what I have (I think I posted a copy here somewhere). I'm extremely nervous that we will get run over by their attorney. I've read and read the RCP's until my eyes felt like popping out and still feel very unprepared for court.From what the last guy told me, judges are getting tired of hearing people use the FCRA and FDCPA to "avoid paying their bills" (his words not mine) and are tougher on debtors. I have no problem paying what we actually owe but dang they want double that and for what? Paying a couple a hundred dollars for a name and account number? We were paying on the stupid account but couldn't make the minimum payment so the debt was charged off. I stupidly thought that something was better than nothing!Sorry to vent, feeling kinda lost and alone at the moment. Thanks for listening and I'll post updates as I get them. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted September 15, 2007 Report Share Posted September 15, 2007 Sorry I have been off the boards all last week. Where in nc are you ? Pm if you like Link to comment Share on other sites More sharing options...
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