azsnow

Going to Court for the First time Monday

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1. Who is suing you?

RJF Financial LLC ATT: James R Vaughan

2. For how much?

Balance:$8,251.03 Interest: $7,027.16 Att Fee: $550 Costs Advanced: $102.80 For a Total of: $15,930.99

3. Who is the original creditor?

Drive Time Credit, aka Ugly Duckling

4. How do you know you are being sued?

Served a summons and schedualed court date from the Justice Court

5. How were you served? Were you served?

Process server, at home

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

Nothing, never recieved anything prior

7. Where do you live?

Arizona

8. When is the last time you paid on this account?

Feb 2003

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

Pre trial conference schedualed for 12/3

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No, never knew I had a debt to dispute, untill i was served, thought car sold for more than I owed, have disputed debt after was served

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

No, requested it after, recieved notice of debt in mail, and then was served 17 days later, requested validation at this time.

12. 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?

Did file an answer, they are claiming that I owe them the money for this repossession that occured in 2003. There was no questionaire

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

They only sent a copy of the original letter I recieved 17 days prior. I recieved a copy of my title to the car and a copy of the contract i signed with ugly Duckling after I requested validation.

14. What is the SOL on the debt? To find out:

I believe SOL on a car loan is 6 years

I am being sued in Arizona over a 2003 repossession. I have requested debt validation and all I have received is a letter stating the original amount, the interest added onto the account and att.fees, a copy of the original contract, and a copy of the auto title. The amount they are asking for is more than the original amount i owed. I have never received anything stating how much the car was sold for at auction, or if it was in fact sold at auction. What can I do about this, and do I have a defense?

My second question is that they are also trying to sue my wife for this debt by including her as a Jane Doe in the suit. I was not married to her at the time of purchase, repossession, or at the time I was served with the summons. Is there any validity to their claim against her?

I have used the DV process from this site,as well as the forms, and have requested a payment history, do they have to supply me with this prior to going to court, or can they spring it on me during the hearing without giving me a chance to do research of my own on the subject.

Thanks for help from anyone!!!

azsnow

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There are some UCC rules regarding repos. Do a search on the site here using ucc and repo. If they didn't follow those rules, you might have a valid defense.

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I believe willingtocope is right. See Recovering Attorney's reply to my repo post awhile back:

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=263298

If the last time you made a payment on this car was in Feb 2003, there is a good chance that the SOL has expired....they can sue you, but shouldn't be able to get a judgement unless you just don't show up....even if the judge dismisses it, the CA/OC still can leave it on your CR until the 7 years are up.

Go to court and ask the judge to dismiss with prejudice.

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what type of loan is an auto loan considered? Do I go by the SOL for the state that it was purchased? (Nevada) or the state in which it was repossessed? (California) Or where the lawsuit was filed? (Arizona)

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The SOL where the lawsuit was filed would certainly apply to the lawsuit. Like I said, the UCC also has something to say about that.

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I have found some violations that the original creditor has committed, such as not notifying me of the auction or outcome of the auction, and they have been reporting this debt as if it were new to the credit agencies every couple of months, thus bringing down my credit score. Can this help me in my case against a CA? What should i do now, and is there anything specifically I should bring up while in court on Monday? Do I ask for disclosure during the court proceedings, or do i have to file for this?

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The pretrial conference is what is scheduled for Monday, I had no idea what the case was about when I was served the summons, so I basically said that I was unlawfully served this summons due to the fact that no prior validation of the debt occurred, and that I requested the court to dismiss this case until I had enough time to investigate the claim. Now that I look back on it, the answer that i filed sucked, and I should have waited until I had more knowledge before I filed the answer. I am still learning this whole process, and any help would be appreciated. Also, can they legally go after my wife whom i was not married to at the time of purchase, repossession, or filing of this case?

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If you are being sued in AZ, the AZ SOL would apply. They are not going to abide by any foreign states' laws.

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I went in to the court for what was scheduled as a pretrial conference, and I was informed by the court staff that it was vacated, and I was done. I am not sure what that means, and what I need to do next. The CA Atty. had filed a motion for judgment that supposedly was based on a summery judgment issued, and I had filed a motion to vacate the judgment based on the fact that the CA showed no relationship between them and the original creditor, as well as the fact that they had not shown detailed account history. Am I still on the hook with these guys? What should I do next? Also I have recently looked at my credit report where the original creditor has reported the account as new, should I sue them?

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1. get a notarized copy of the dismissal.

2. You may not be in hot water with this CA, but they may simply pass it on to someone else.

3. Congratulations on your WIN!

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Does the term with or with out prejudice come into play in this case?

If it does and was with prejudice, then does that also mean no one else can sue for this?

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Sounds to me like CA pulled the complaint before it went to the judge. Thus no actual decision was made.

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Thanks all for the advice, I will keep you updated as it unfolds, if there is anything else to update that is!

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Sounds to me like CA pulled the complaint before it went to the judge. Thus no actual decision was made.

No, the judge ruled on the case based on the the defendant's answer. That's another reason why you should ALWAYS answer and prepare a good case.

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Today in the mail I received an answer to my motion for the court to vacate the summery judgment. It was filed with the court 1 day after our pretrial was supposed to take place. As far as I was told by the court, the judgment was vacated. The CA Atty is claiming that i am the party that must prove I do not owe this debt, stating that they have shown a contract that I signed, a copy of the auto title and a statement by someone I do not know of, (possibly an employee of Drive Time) that the amount is correct as evidence of their proof. I have not seen the statement, I only received a copy of the contract and title. As far as I understand, they must show that they have first hand knowledge of this account and must show how exactly they came to the amount I am being sued for, claiming that I owe it without showing how is not sufficient, and also that they have been authorized by the original creditor to collect on this account. What should I do next?

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You must first find out exactly what the status of the case is. If the judgement was just vacated, then you are back to square one and the case can proceed. If it was vacated "with prejudice" then it is done.

Make sure the answer you got is a response to your motion and not a new motion.

You generally get to respond after the other party replies to your motion. Your answer should be that something like, "Plaitiff has not adduced any information substaniating his claim. The proported contract only reflect the establishment of the alleged debt, the statement of XXXXX is hearsay. Plaintiff has not established how or why the debt was incurred or properly established the correct amount of the alleged debt.

You need to make it a lot more detailed, but that is likely to get you started.

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So should I file an answer to their answer, or just file a new motion to have the case vacated with prejudice? The answer I received that they had filed basically said that I have no grounds to have the summery judgment vacated, because it was based on my original answer. After doing a little research, I found out that I had made a mistake and had not filed an answer to the plaintiffs asking for a summery judgment, I didn't know i had to file, and have since learned of my mistake! As far as I know, the court has only vacated the summery judgment, and I am prepared to move forward with this case, what should I do next?

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The day prior to christmas, the court denied my motion to vacate and awarded the C/A the full amount, (Over $15,000) what do I do now? Is there a way to appeal this? Where would I look for an atty that handles this type of litigation? Or should I declare Bankruptcy?

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How long do I have before the C/A can attach my assets, and what can they attach to? Is property that is in my wifes name subject to this?

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