Served Warrant in debt Virginia

[ezrunner]

1. Who is suing you?Cach,LLC Dominion Law associates is their atty

2. For how much?4180.09 interest of 6% and costs of 56

3. Who is the original creditor?HSBC

4. How do you know you are being sued?recvd Warrant in Debt

5. How were you served? Were you served? was left on door of home

6. What was your correspondence (if any) with the people suing you before you think you were being sued? I do not recall any prior communication other than the warrant in debt

7. Where do you live?Virginia Beach VA

8. When is the last time you paid on this account?was charged of in 2006 I pulled Credit report and show a payment in MAy of 2009 I doubt that as I was unemployed at the time

9. 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). I have court today so I am late to the game but I am at the least showing up

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. I did not normally would have but again no prior communication

12. Does your summons require a response in writing? (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? I must appear or judgement may be entered no indication if response in writing is required Charge is non-payment of an open account

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

14. What is the SOL on the debt? 3 years in Virginia

[ezrunner]

Okay that wasn't nearly as abd as I thought it would be. There must have been 25-35 people there just for Dominion Law that had each of us meet with the Atty and either make arrangements or contest. Naturally I contested, she then asked " why do you feel you do not owe" really lady I am not a legal expert by any means but I am certainly not going to give you any idea why i feel I do not owe.

Bill of particulars is due no later than 11/10/2010

Grounds of Defense is due no later than 12/10/2010

Court date 01/20/2011

At this point am i to wait until I get the Bill of Particulars or is there anything i should be doing

[oldguy47]

I would look in to the 2009 payment, check your records, I would also look into VA law. As I understand it VA is a produce the note state (old English law), you can probably use that. Other than that, read, read, read the more you know now the better you will be when you get BOP

[ezrunner]

I am sitting here a feel like i am getting nothing done.

[FL4answer58]

Cach, LLC is a JDB.

Affidavit of Claim is most likely hearsay from own 'business records'.

Did they include 'assignment'?

Don't wait - Formulate your defense, Bill of particulars, using the resources here,

Post back with questions after.

Sit and read everything - you will get something done.

Read what others have said in appearances and hearings - prepare for your pleading - learn the controversy of pleading -

the 'admit v. deny' debate - most newb's just don't understand this concept.

READ your small claims rules of civil procedure (RCP's).

Edited October 2, 2010 by FL4answer58

[HamCris]

Ezrunner I have some questions for you..not able to help (not yet, anyway!) but hopefully you can help me.

I am due in court 10/20 to answer a warrant in debt..being sued by an atty for Citibank.

Did you find your general ditrict courts rules ? I see that VA does not post them online and the clerk at my courthouse was no help..where did you get them?

Do you think something similar to what happened to you will happen when I appear?

Good luck to you..please post what you are doing to prepare and I will share what I find out as well.

[RebelLady]

I believe these will help get you started...

http://www.courts.state.va.us/courts/scv/rules.html

Also look here:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC0800100

There are rules that apply to ALL proceedings and apparently each District Court has its own website. You might check there for to see if any District-specific rules exist...

RL

Edited October 4, 2010 by RebelLady

[HamCris]

Thank-you. I went to the courthouse today and sat with their rules book (which they don't let you make any copies of..) and wrote by hand the 3 pages of rules.

This is a huge nut for someone to do. The language is so confusing.

Anyway, I had hoped that the rules would tell me exactly which forms I had to file with what and that's not what they said. The clerk told me that most likely if both parties are present on the day I answer the summons that the judge will go ahead and hear the case. So there won't be much time..gotta get cracking!

[ezrunner]

Hamcris

where in VA are you going to court

In VB where i was they had all parties being taken to court meet with the firms rep

They asked if you wanted to make a payment arrangement or dispute

if you disputed we went to clerk of the court and set up dates for BOP/my response and then actual court date

[ezrunner]

Cach, LLC is a JDB.

Affidavit of Claim is most likely hearsay from own 'business records'.

Did they include 'assignment'?

Don't wait - Formulate your defense, Bill of particulars, using the resources here,

Post back with questions after.

Sit and read everything - you will get something done.

Read what others have said in appearances and hearings - prepare for your pleading - learn the controversy of pleading -

the 'admit v. deny' debate - most newb's just don't understand this concept.

READ your small claims rules of civil procedure (RCP's).

what is meant by assignment?

[RebelLady]

This is just FYI:

Rule 3:7. Bills of Particulars.

(a) Timing and Grounds. On motion made promptly, a bill of particulars may be ordered to amplify any pleading that does not provide notice of a claim or defense adequate to permit the adversary a fair opportunity to respond or prepare the case.

( Striking of Insufficient Bills of Particulars. A bill of particulars that fails to inform the opposing party fairly of the true nature of the claim or defense may, on motion made promptly, be stricken and an amended bill of particulars ordered. If the amended bill of particulars fails to inform the opposite party fairly of the true nature of the claim or defense, the pleading not so amplified and the bills of particulars may be stricken.

© Date for Filing Bill of Particulars. An order requiring or permitting a bill of particulars or amended bill of particulars shall fix the time within which it must be filed.

(d) Date for Responding to Amplified Pleading. If the bill of particulars amplifies a complaint, a defendant shall respond to the amplified pleading within 21 days after the filing thereof, unless the defendant relies on pleadings already filed. If the bill of particulars amplifies any other pleading, any required response shall be filed within 21 days after the filing of the bill of particulars, or within such shorter or longer time as the court may prescribe.

RL

[ezrunner]

on the Affidavit of claim

6) For good nd valuable consideration, Plaintiff purchased the ccount from the OC or its assignee and Plaintiff is the current creditor of the account.

[RebelLady]

For sure...CACH, LLC is a JDB. A year and a half or so ago they would have filed a claim for arbitration with the NAF against you rather than a suit in court.

RL

[ezrunner]

Have never heard of anything regarding NAF

[ezrunner]

I love how they say i opened an account with Metris I have no idea who they are

[FL4answer58]

what is meant by assignment?

Assignment - would be an attached doc or 'exhibit' that states they, CACH have rights to collect debt because they have been assigned the debt from another - purchased from the likes of OC or often another JDB.

JDB or debt buyers usually cannot prove their case - often as result of 'chain of assignment' is broken and/or no account on bill of sale.

"It is the assignee's burden to prove the assignment . . . . Given that courts are reluctant to credit a naked conclusory affidavit on a matter exclusively within a moving party's knowledge . . . an assignee must tender proof of assignment of a particular account."

Citibank (South Dakota), N.A. v. Martin, 11 Misc. 3d 219; 807 N.Y.S.2d 284 (Civ.Ct. 2005):

Edited October 6, 2010 by FL4answer58

[ezrunner]

only the Affidavit of Claim and a Screenshot of a Summary screen from i am guessing their internal system

[FL4answer58]

only the Affidavit of Claim and a Screenshot of a Summary screen from i am guessing their internal system

You have a case....strike affidavit as hearsay using your states RCPs and cite state case law to support. Research 'business records /evidence.

[ezrunner]

RCP's? Is there a list of acronyms anywhere?

[RebelLady]

RCP = Rules of Civil Procedure

RL

[ezrunner]

thanks RL i figured it out after a few minutes of thought

[RebelLady]

lol I figured you would...

Now...here's the deal. In order to be successful...the Plaintiff has to prove two things...liability (that you owe the money) and damages (the amount of money you owe).

But before any of this...they first and foremost have to prove they have 'standing to sue'....that they have a right to sue you for whatever they're saying you owe.

In order for a JDB to prove they have standing to sue...they have to be able to prove they actually own the debt. They will provide you with these signed, sealed and delivered things they will call a Bill of Sale. It will show the Seller and the Buyer and the date of the sale. What they DON'T show is what accounts were included in this Bill of Sale. For instance...the BoS will say something about an attached Schedule of Accounts...which the JDB will conveniently forget to attach. Having a Schedule of Accounts that were included in the BoS is one thing...being able to provide it in court is an entirely different thing.

Ya gotta make them prove they actually own this debt (have 'standing to sue' you). A BoS that says certain accounts or an attached schedule of accounts doesn't cut it. You will need to make them prove that YOUR account was part of the certain accounts or listed on the schedule of accounts.

If they can't prove they own the debt...they have NO standing to sue you!

RL

[FL4answer58]

lol I figured you would...

Now...here's the deal. In order to be successful...the Plaintiff has to prove two things...liability (that you owe the money) and damages (the amount of money you owe).

But before any of this...they first and foremost have to prove they have 'standing to sue'....that they have a right to sue you for whatever they're saying you owe.

In order for a JDB to prove they have standing to sue...they have to be able to prove they actually own the debt. They will provide you with these signed, sealed and delivered things they will call a Bill of Sale. It will show the Seller and the Buyer and the date of the sale. What they DON'T show is what accounts were included in this Bill of Sale. For instance...the BoS will say something about an attached Schedule of Accounts...which the JDB will conveniently forget to attach. Having a Schedule of Accounts that were included in the BoS is one thing...being able to provide it in court is an entirely different thing.

Ya gotta make them prove they actually own this debt (have 'standing to sue' you). A BoS that says certain accounts or an attached schedule of accounts doesn't cut it. You will need to make them prove that YOUR account was part of the certain accounts or listed on the schedule of accounts.

If they can't prove they own the debt...they have NO standing to sue you!

RL

Good post RebelLady -

[HamCris]

Hamcris

where in VA are you going to court

In VB where i was they had all parties being taken to court meet with the firms rep

They asked if you wanted to make a payment arrangement or dispute

if you disputed we went to clerk of the court and set up dates for BOP/my response and then actual court date

I am going in Nelson County which is in between Charlottesville and Lynchburg. Very small town, small court. They are in session only once a week. The clerk has been zero help. I asked her what to expect and she said that if both parties are present that the Judge will decide there and then. So I'm trying to figure out what to take with me because there probably won't be a future trial date.

Sounds like your case is in good shape..keep it up!

[ezrunner]

Hamcris

The atty/ debt collector when I went had approx 40 other individuals they were taking to court. So explains why they had all of us individually meeet with the rep. only 3 of us disputed. the atty or rep asked " why do you feel you do not owe" looked here in the eye and said "No you may not, i wasn't born yesterday"