I am stuck after discovery, Please help with what to do next

[DontWantToLose]

I have spent weeks sifting through the posts and it has been a huge help. However I feel I am now at the point where I need a little help. I'm starting to get discouraged and I really can't afford to lose. Please help!

Who is suing you? Lawyer for W-W Recovery, LLC

For how much? More than $500, less than $1,000 plus fees and interest

Who is the original creditor? Chase

What was your correspondence with the people suing you before you think you were being sued? None

Where do you live? Utah

When is the last time you paid on this account? I really don't know.

Did you request debt validation before the suit was filed? No

What evidence did they send with the summons? A photo copy of a credit card agreement

What is the SOL on the debt? 4 years

Here's my story, I'll try really hard to shorten it...

I was served with the complaint. It was the typical stuff, defendant used credit card, defendant didn't pay, etc etc. They are asking for the outstanding balance, interest thereon at the rate of 10% per annum from 4-30-08, $250 in attorney's fees and cost of the suit incurred. They attached a photo copy of a credit card agreement with a 2006 copy right date.

I responded. I know now that I probably made some mistakes. Here are some responses..

"Admit in part: Defendant did have an account with Chase Bank. Deny in part: Plaintiff has presented no evidence that the account Defendant had with Chase Bank is the same account linked to the debt alleged in this complaint.”

"Deny. Plaintiff has failed to provide proof of a relationship between themselves and the alleged OC, specifically the authority of the Plaintiff to collect the alleged debt on behalf of the OC.”

“Deny. Defendant objects to this request on the ground that it is vague, ambiguous, and unintelligible in that Defendant has to speculate as to the meaning of "the credit" and "money, goods, and/or services."

The rest of my answers simple say "Deny. This request calls for admission of matter Defendant has previously denied and thus is improper."

My affirmative defenses...

Statue of Frauds violation, as there is no signed contract.

Failure of Consideration, as no money or item of value has been exchanged between Defendant and Plaintiff.

Lack of Privy, never entered into a contract with Plaintiff.

Plaintiff purchased debt, causing injury to itself.

Plaintiff's demands for interest are against an alleged debt that Plaintiff cannot validate.

Plaintiff would be unjustly enriched.

Plaintiff has not proved debt to be valid or amount to be accurate. Plaintiff must prove principal, interest, collection costs and attorney's fees are all correct, agreed to and signed by Defendant and lawfully charged. Defendant insists Plaintiff provide contract, account statements, purchase receipts and proof of its right to collect.

Then, they serve Discovery (WITHOUT A CERTIFICATE OF SERVICE) I have 30 days to reply, and I reply within about 22 days.

Admit you received a card and used it, admit you received periodic statements, admit you didn't pay, admit you didn't dispute any charges, admit you owe the amount, admit pursuant to contract you have to pay attorney's fees, admit that the statements attached are true and correct copies, admit you received attached card holder agreement.

Tells us who helped you with your answer, tell us what documents you searched when writing your answer, tell us everywhere you have lived for 10 years, provide proof of all payments, provide information for every bank account you have had, produce every single document you have.

My response...

Defendant admits she received a card from Chase and used it, but disputes the amount alleged in the Petition and does not remember any contract.

Defendant admits she received statements, but never statements detailing and totaling alleged amount.

Defendant doesn't have any documents.

And I refused to give them previous employer info, my bank account info, etc.

I guess I screwed up by admitted to the debt at all, I wish I could take it back. Is there still hope for me???

I served my Discovery the same day that I replied to theirs, giving them 30 days to answer.

Admit you don't have signed contract, admit you have not provided proof of your authority to collect, admit you haven't provided proof of assignment, admit Defendant never received credit or item of value from Plaintiff, admit you don't have copies of payments made, admit you don't have a written agreement between Plaintiff and Defendant.

State how account came in your possession including purchase amount, provide date account went into default, identify all assignees or successors of the account, provide a complete accounting for the amount claimed.

Produce all documents evidencing the facts you stated, product copies of all documents you intend to introduce, a chain of contracts, communication from you trying to collect debt, documents showing how you acquired the account including purchase price, all documents transmitted to defendant by Plaintiff or Original Creditor.

6 Days after their response was due, I still hadn't seen anything so I sent them a notice saying if I didn't get anything within 10 days I would file a Motion to Compel.

Here I made another mistake, I moved. I didn't realize I had to notify the court and the lawyer other than in answering their interrogatories I said "My current address is XXX". I intend to file a notice with the court and lawyer now stating my new last name (got married) and my new address.

Aparently the lawyer mailed the answer on the 9th day after I sent my reminder, but I didn't get it until a week after that due to mail forwarding. So on the 13th day after my notice I sent a Motion to Compel and deem Requests for Admissions Admitted.

Then, the next day I received their answers to my discovery via US mail.

“Plaintiff admits that it does not have in its possession a contract signed by Defendant, but points out that the Utah Statute of Frauds expressly provides that credit agreements like the one at issue in the present case are enforceable without the signature of the debtor.”

“Plaintiff admits it purchased the debt”

“Plaintiff denies failing to provide proof of its authority to collect the alleged debt. In an initial letter to Defendant, Plaintiff informed Defendant of Plaintiff's having purchased the debt. Furthermore, in its complaint, Plaintiff clearly states its status as a successor creditor of Chase Bank. Finally, in light of Defendant's Answer to Complaint, Plaintiff's attorney sent Defendant a letter detailing information about the original creditor, the account balance, the fact that JDB had purchased the account, and providing documentation reflecting the sale of the account. If, on the other hand, Defendant is inquiring about Plaintiff's legal status, Plaintiff notes that it is a collection agency in good standing, duly and properly registered with the Utah Department of Commerce.”

I never received their “initial letter” or the “letter detailing information about original creditor” or “documentation reflecting the sale of the account”

Admit that Defendant has never received any credit or item of value from Plaintiff. “Denies”

Admit you don't have copies of any checks or forms of payment “Admits”

“Plaintiff admits that it does not possess a written agreement, signed by Defendant, incorporating the terms and conditiond of any agreement or contract. Plaintiff has previously provided, however, a copy of the Cardmember Agreement outlining the terms and conditions of Plaintiff's (Plaintiff? Huh?) credit card account with Chase.

Admit that no written contract exists between Plaintiff and Defendant. “Plaintiff objects as vague, ambiguous and calling for legal conclusion. Plaintiff acknowledges and asserts that Defendant's obligation originated with Chase rather than directly with Plaintiff. As noted above, Plaintiff is successor creditor and asserts all rights associated with the original account. Defendant has acknowledged having an account with Chase Bank.”

“Objection, irrelevant protected.” To me asking for how the account came in their posession and the purchase ammount.

I asked when the account went into default, they answered “Objection, calling for legal conclusion. The last payment on this account was March 5, 2008 in the amount of $50. The payment preceding that was July 2, 2007 in the amount of $120. Beginning with Nov 1, 2007 OC required a minmum monthly payment of the full balance”

“Plaintiff purchased account from Turtle Creek Assets Ltd by and through its general partner Forward Properties International. Turtle Creek Assets purchased the account from OC.”

“See accompanying monthly statements for components contributing to account balance.”

They object to me asking for info on what witnesses they will call based on not having decided that yet. They used the same reason to object to me requesting copies of all documents they will use at trial.

I asked for a chain of contracts, agreements, assignments, or other means demonstrating that Plaintiff has the authority and capacity and is legally entitled to collect on and sue for alleged debt. They answered “Object as vague and ambiguous and requested the disclosure of private or protected info.

I asked for all records kept in the normal transaction of business relating to me, they answered with it's privelged info.

I asked for all documents transmitted ot me by Plaintiff, OC or any other owners of the debt, and they responded with an objection due to it being overly burdensome or beyond Plaintiff's control.

[DontWantToLose]

They attached a letter written to me dated February 2010 stating the purchased the account (it does show acct #) That it was opened 9-12-06 and has been accruing interest since it was charged off. It has a current balance in excess of more than $1,3XX0XX and continues to accrue interest.

I never got this letter.

They also included a letter dated March, 2010 saying the attorney has been retained to represent JDB. I never got that one either.

They also included a letter dated May, 2010 that was supposedly a response to my original Answer giving me the account number, the account creation date, the last payment date. As well as information saying that JDB purchased the account and are including copies of Bill Of Sale from Chase to Turtle Creek and Bill Of Sale from Turtle Creek to Plaintiff. - Yet, those bills of sale are not included with this, and I never did receive them along with this letter.

It also states with the balance, interest, court costs, and attorney's fees he is going to request $1,2XX

XX So why is this a lower amount that the February letter???

He also included an Affidavit of Sale from a Chase Bank business annalyst stating that the account #XX owned by me was sold and transferred to Forward Properties, along with the amount due.

Lastly, he included an Affidavit from the President of Turtle Creek saying he is familiar with debt and has knowledge of the account and that the balance of the account is correct to the best of his knowledge. That the account has been charged-off and on information and belief based upon business records from OC the charge-off balance remains unpaid.

Then, I got an email from him after he received my motion to Compel including his opposition. He states that he responded within my 10 day request. He also says this “Plaintiff requests that this court schedule a hearing in which the parties can address discovery issues. Defendant's response to Plaintiff's discovery requests were inadequate in that they were non-responsive to clearly discoverable discovery requests. Plaintiff held off on pursuing its own Motion to Compel in the hopes that the parties could have a meaningful discussion of discovery issues as well as the merits of the case.”

His email says he is optimistic of an amicable resolution so please call him.

Then he called me the next night leaving a voicemail asking me to call him to discuss things.

This is where I stand. I have no idea what to do next. I haven't called or replied to his email. I don't know if there is a hearing set. I don't know if I'm in trouble for not notifying of my new address, I don't know what to do about my Motion to Compel since he did respond within the extra 10 days, but that was still like 42 days after I served him.

I do not have the credit card agreement, any payment reciepts or any statements. The only thing I have been able to find is a letter from an attorney representing Chase bank asking for payment, then a demand for payment from Creditors Financial Group then several demands from Enhanced Recovery Corporation. Who are these last 2??? I thought Chase sold to Turtle Creek then Turtle Creek sold to Plaintiff??? I have not notified court of Plaintiff that I have these documents, what do I do?

PLEASE HELP!!!

[DontWantToLose]

I forget to add something... they completely ignored my last Request for Admission. They didn't address it at ALL. And this is what it said "Admitt that Plaintiff does not posess a complete accounting for the alleged debt. Specifically, each and every statement generated on the account since the opening date until the current date as well as purchase receipts signed by the Defendant."

[tigra]

File a motion to deem unanswered requests for admission as admitted.

Strike their affidavit as hearsay. see rules of evidence of your state.

Strike the statement and it does not prove the balance, it just proves that there was an account with Chase at some point, and does not prove that there is anything owed on it as of the date of litigation.

I would get it to trial, request their witness to be present and get their witness to answer the following questions or send another set of interrogatories:

Does Plaintiff have a witness, and if so, who does the witness work for? (that will most likely be a person working for the JDB)

Did Plaintiff purchase debt?

How much did the Plaintiff purchase the debt for?

Because the Plaintiff purchases debt, it did not originate this debt, correct?

Does Plaintiff has a witness from the original creditor with original knowledge of the account who to show that defendant incurred this debt and all charges herein?

Does plaintiff have any signed and/or written agreement between original creditor and defendant, showing that defendant agreed to pay these charges?

Can Plaintiff prove all charges including principal and interest to show how Plaintiff arrived at ____ balance?

Does plaintiff have any proof at all to show that defendant incurred these charges?

If questioning the witness from JDB, which is the best case scenario, if they have none of above, which is most likely the case, recap by stating that basically, they have no witness with original knowledge of the debt, no documents to support it, no proof that you even incurred these charges, and no accounting to support the amount plaintiff claims is owed.

[Recovering Attorney]

Your best defense is standing. They have to show a complete trail from Chase to plaintiff. That being said, why not settle this? You admitted an account

[bmc100]

You should not have admitted that you had an account through Chase.

I am in a suit against Chase. I have asked for documentation now three times from their attorneys and they have not given me anything. They did not attach anything to the complaint or in any other proceeding we have had so far.

I am waiting until we get to trial, cause I was willing to settle for a fraction just to get this over with, but the more they screw with me, then the more I want to stick it to them.

I told them to dismiss with prejudice to settle this, so the attorney is going back to Chase to see what they are willing to do.

[bmc100]

File a motion to deem unanswered requests for admission as admitted.

Strike their affidavit as hearsay. see rules of evidence of your state.

Strike the statement and it does not prove the balance, it just proves that there was an account with Chase at some point, and does not prove that there is anything owed on it as of the date of litigation.

I would get it to trial, request their witness to be present and get their witness to answer the following questions or send another set of interrogatories:

Does Plaintiff have a witness, and if so, who does the witness work for? (that will most likely be a person working for the JDB)

Did Plaintiff purchase debt?

How much did the Plaintiff purchase the debt for?

Because the Plaintiff purchases debt, it did not originate this debt, correct?

Does Plaintiff has a witness from the original creditor with original knowledge of the account who to show that defendant incurred this debt and all charges herein?

Does plaintiff have any signed and/or written agreement between original creditor and defendant, showing that defendant agreed to pay these charges?

Can Plaintiff prove all charges including principal and interest to show how Plaintiff arrived at ____ balance?

Does plaintiff have any proof at all to show that defendant incurred these charges?

If questioning the witness from JDB, which is the best case scenario, if they have none of above, which is most likely the case, recap by stating that basically, they have no witness with original knowledge of the debt, no documents to support it, no proof that you even incurred these charges, and no accounting to support the amount plaintiff claims is owed.

Was this account originated through Chase, Bank One or WAMU?

[BV80]

You stated you don't know when you made the last payment on the account. Have you checked your credit report to see if Chase is reporting the account? They would have the date of last payment or first delinquency. You could also go by the date Chase charged off the debt. Usually a debt is charged off around 6 months after you made your very last payment.

They haven't proven they own the account, nor have they proven the date of last payment. When you asked for proof of ownership, and they claimed it was vague and private information, that's bull. They can show a bill of sale. They don't want to because your name and account won't be on it.

The affidavit from the Turtle Creek employee is hearsay. That person has no knowledge of the account. He only has knowledge of any paperwork they might have. He did not work for Chase and has no knowledge of their books, records, or record keeping methods. But, considering they've provided no records, what is the employee basing his personal knowledge upon? He says the amount is correct. Where did he get that from...air? They claim they have records, but won't provide them.

I've given this advice to many people. Contact a consumer attorney. Many attorneys give free consultations and some will do so over the phone. Call until you find someone who will speak to you. Give a brief outline of what's going on and ask him/her what your next move should be. Also ask if you should subpoena the Chase employee who signed the affidavit. You would want to find out if that person really exists, if they really worked for Chase, and if they ever really looked at the records relating to your account.

[Judelean]

It seems you are in a hard situation!.. you have to asks for opinion from the legal experts and try to analyze their sides.

[Seadragon]

that would abrogate their admission make sure you have"evidence" of that.

The declaration they are gonna use is the weak part. get ready for the pre-trial things.