Jump to content

Anyone sued by Michael J. Scott? Is this a JDB?


Recommended Posts

Trying to figure out if this law firm is a JDB. They are sueing me for Citibank and they have been very agressive. Providing a signed affidavit from a Citibank employee and years worth of statemetns as well as the CC agreement.

I have muttled my way through the Answer, Interrogatories, Discovery, etc. (worried I'm going to get called to the mat for my answers being very evasive), and a court date is set for the end of November.

Any info anyone can provide would be very helpful.

Link to comment
Share on other sites

You must be around the big “ D “ area. Mr. Scott is not a JDB he representing CitiBank. I just been served by him on Oct 15 and still working on the Answer and Request for Admission. Do you have the layout of the Answer that I can look at to see if I have done it right? I’m afraid that if I have the Answer done wrong he will get a default judgment on me.

In my Summon I didn’t get any exhibits attach to it at all and he is suing for Account State, breach of contract and the old attorney fees. I believed that he is going for Account State since it an easy win for him. Did you elect Arbitration?

“A party is entitled to relief under the common law cause of action of account stated where (1) transactions between the parties give rise to indebtedness of one to the other; (2) an agreement, express or implied, between the parties fixes an amount due; and (3) the one to be charged makes a promise, express or implied, to pay the indebtedness. [2] In the absence of an agreement fixing the price, it may be sufficient to prove that the price charged was usual, customary, and reasonable. [3] “

When you got served did you sign anything and did the Processing server sign anything? All he did was giving me the Summon and told me to call the court if I have any question. I hope we can help each other on this matter. Let me know if you have any other question.:)++

Edited by thaiboy
Link to comment
Share on other sites

  • 2 months later...

You live in Texas the best state to be a debtor. Why does it matter if they win, how are they going to collect? They can not garnish wages for this type of debt. They can not take your home as long as you are living in it. They can not take your car.

Link to comment
Share on other sites

  • 6 months later...
He has to be a JDB because I received multiple letters from multiple CAs and he was about 7th down the line - if he represented the OC, they wouldn't have gone through all the others right?

Credit card companies can change CAs. But, to be sure, check your credit report. If the OC still owns the account, their entry will merely state "charged off". If they've sold the account, their entry will also state "sold/transferred" or something to that effect.

Link to comment
Share on other sites

  • 2 weeks later...

Hi Singlemom;

BV80 is a great asset, so pay attention to his advice. Scott is a collection attorney for numerous JDB's, but I think he might collect for an occasional OC. If you post a new topic on you specifics, will try to keep an eye on it and help out as much as I can. I will be dealing with him at the same time as you, so maybe there will be some benefit to us both. Who is suing you, and for how much?

I actually DVed them and they didn't respond for 5 months, which violates the TDCPA. Have you sent them a validation letter? If not, do so immediately. In Texas, they have to respond even if it is after the 30 dunning period. Have you recieved your complaint yet? If so, what are the counts you are being sued for?

Like I said, post a new topic, and the people on this forum, including myself will help you get through this.

P.S. BV80, thanks for your help. Still fighting on all fronts, but looks like I might have my first win.

Link to comment
Share on other sites

  • 1 month later...
Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.