kabbalah Posted October 22, 2010 Report Share Posted October 22, 2010 The following is my answer to the lawsuit from Amex/Zwicker. My question is do I add all the affirmative defenses to this filing, or is that a separate one? Do I also ask for the case to be dismissed here. I'm a little unsure of how the documents should flow. Also, I read somewhere on this site although it had to do with Washington State (I'm in Georgia) that you should file a Notice Of Appearance. Any thoughts would be appreciated, and if anybody could take a look at the other posts I have under sued by Zwicker & Amex, I would appreciate any comments or docs that you think might be helpfulIN THE STATE COURT OF FULTON COUNTYSTATE OF GEORGIAAmerican Express Centurion Bank, Plaintiff, vs.Mr Nice Guy Defendant )))))))))) Civil Action File # xxxxxAnswer To ComplaintDefendant Mr Nice Guy herby answers Plaintiffs’ Complaint as follows:1Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of Plaintiffs’ Complaint, therefore they are denied.2The Defendant admits to the allegations of Paragraph 2 of Plaintiffs’ Complaint.3Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 3 of Plaintiffs’ Complaint, therefore they are denied.4Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 4 of Plaintiffs’ Complaint, therefore they are denied.5Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 5 of Plaintiffs’ Complaint, therefore they are denied.6Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 6 of Plaintiffs’ Complaint, therefore they are denied.7Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 7 of Plaintiffs’ Complaint, therefore they are denied.8Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 8 of Plaintiffs’ Complaint, therefore they are denied.9Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 9 of Plaintiffs’ Complaint, therefore they are denied.FURTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.Dated this 25thrd day of October,2010____________________Mr Nice guy1234 Happy LaneAtlanta Georgia 800-555-1212 Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted October 22, 2010 Report Share Posted October 22, 2010 I'm all about saving trees and paper, I personally think there no point to list them all like that. Just state it Defendant admits to the allegations in paragraph 2.Defendant denies in the allegations in paragraphs 1,3,4,5,6,7,8,9Make a new paragraph entitled Affirmative defensesAs for a first affirmative defense (defense goes here)As for a second affirmative defense (defense goes here)Can get all that done in 2 pages. Link to comment Share on other sites More sharing options...
RebelLady Posted October 22, 2010 Report Share Posted October 22, 2010 I agree with usctrojanalum...KISS (Keep It Simple Stupid). I think sometimes we try to get too lawyer-like instead of just stating the facts and being done with it...RL Link to comment Share on other sites More sharing options...
FightBackNow Posted October 22, 2010 Report Share Posted October 22, 2010 I agree with usctrojanalum...KISS (Keep It Simple Stupid). I think sometimes we try to get too lawyer-like instead of just stating the facts and being done with it...I couldn't disagree more after spending HOURS of research and study successfully defending myself in a CC lawsuit. Each state has their own rules on how to answer a complaint and a simple blanket denial as described above would fail the general rules of pleading in my state. ********************************************************Michigan Court Rule 2.111. This rule tells you what must be in an answer. At a minimum, as to each allegation in the complaint, you must state whether you admit or deny that allegation or whether you lack the knowledge or information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. Each denial must state the substance of the matters on which you rely to support the denial. Each response must be numbered and must match the corresponding number in the complaint. For example, paragraph 1 in your answer must be a response to paragraph 1 in the complaint. You must respond to each numbered allegation in the complaint. I say anyone being sued should study their state court rules of pleading and carefully craft their answers to each paragraph of the complaint with great precision. Link to comment Share on other sites More sharing options...
kabbalah Posted October 23, 2010 Author Report Share Posted October 23, 2010 Here is an update version of my defense. Any comments would be greatly appreciated. I didn't put this following clause in the affirmative defenses because I don't really understand it and I'm not sure if it applies.""""Since a court will not grant a judgment or other legal relief to a party who has not acted fairly by having made false representations or concealing material facts from the other party, the Defendant alleges that the Plaintiff's Complaint, and each cause of action therein is barred by the Doctrine of Estoppel, especially Estoppel in Pias."""". I have a couple other questions which I will put in the next post as this one is getting longIN THE STATE COURT OF FULTON COUNTYSTATE OF GEORGIAAmerican Express Centurion Bank, Plaintiff, vs.Mr Nice Guy Defendant ))))))) Civil Action File # xxxxAnswer To ComplaintDefendant Mr Nice Guy hereby answers Plaintiffs’ Complaint as follows:1Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of Plaintiffs’ Complaint, therefore they are denied.2The Defendant admits to the allegations of Paragraph 2 of Plaintiffs’ Complaint.3Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 3 of Plaintiffs’ Complaint, therefore they are denied.4Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 4 of Plaintiffs’ Complaint, therefore they are denied.5Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 5 of Plaintiffs’ Complaint, therefore they are denied.6Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 6 of Plaintiffs’ Complaint, therefore they are denied.7Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 7 of Plaintiffs’ Complaint, therefore they are denied.8Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 8 of Plaintiffs’ Complaint, therefore they are denied.9Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations contained in Paragraph 9 of Plaintiffs’ Complaint, therefore they are denied.FURTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.AFFIRMATIVE DEFENSESAs and for a First DefenseZwicker & Associates has not proven that they were retained by American Express Centurion Bank as its representative in this matter.As and for a Second DefensePlaintiff has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged accountAs and for a Third DefensePlaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.As and for a Fourth DefensePlaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.As and for a Fifth DefenseDefendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.As and for a Sixth DefenseDefendant alleges that Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.As and for a Seventh DefenseDefendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.As and for a Eighth DefenseDefendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.Wherefore, Defendant asks for a judgement in favor of the Defendant dismissing the complaint with prejudice, together with costs, and such other further and different relief as the court finds proper here.Dated this 25thrd day of October,2010____________________Mr Nice guy123 Happy LaneAtlanta Ga 12345800-555-1212 Link to comment Share on other sites More sharing options...
kabbalah Posted October 23, 2010 Author Report Share Posted October 23, 2010 In my county, I have to file this electronically at the courthouse. Do I need to1) Notarize anything?2)Does electronic filing notify the Plaintiff or do I need to certify mail them a copy?3) Somewhere on here I read about filing a Notice of Appearance with the court. Do I need to do this?I ordered a book last night on Lulu.com called HOW TO BEAT A CREDIT CARD DEBT LAWSUIT WITH THE SECRETS OF A REAL DEBT COLLECTION LAWYER by Michael Herrin for $9.99 but I couldn't download it. I am awaiting a response from Lulu.com. Has anybody heard of or used this in their fight?Thanks again eveybody. Nervously awaiting input from you guys. Link to comment Share on other sites More sharing options...
kabbalah Posted October 23, 2010 Author Report Share Posted October 23, 2010 Now this to me is crazy but I read it somewhere here or elsewhere, I'm not sure. Since Zwicker filed this lawsuit electronically, I wonder if this applies and if it should be included somewhere in the defense. What I don't want to do is to piss off the judge.In cases of "AUTOMATED LAW SUITS" ( when the plaintiff files a complaint via computer, fax or any electronic media directly with the court AND HAS NO EVIDENCE TO SUPPORT their complaint, then they have committed "fraud upon the court and in violation of 18 USC 1343 Which defines WIRE FRAUD AND THE PENALTY FOR COMMITTING THIS ACT ( just google wire fraud or 18 usc title 1343.) The plaintiff may also be guilty of violating SECTION 5 OF THE FTC ACT...false and mis-leading presentments. Link to comment Share on other sites More sharing options...
FightBackNow Posted October 23, 2010 Report Share Posted October 23, 2010 In my county, I have to file this electronically at the courthouse. Do I need to1) Notarize anything?2)Does electronic filing notify the Plaintiff or do I need to certify mail them a copy?3) Somewhere on here I read about filing a Notice of Appearance with the court. Do I need to do this?I ordered a book last night on Lulu.com called HOW TO BEAT A CREDIT CARD DEBT LAWSUIT WITH THE SECRETS OF A REAL DEBT COLLECTION LAWYER by Michael Herrin for $9.99 but I couldn't download it. I am awaiting a response from Lulu.com. Has anybody heard of or used this in their fight?Thanks again eveybody. Nervously awaiting input from you guys.I used Michael Herrin's ebook along with information from this site to beat a JDB lawsuit this very week! If you are having problems downloading the book, install the free Adobe Digital Editions Format contained in the link first. As he states in the book, you must file a sworn denial (that must be notarized) along with your answers to counteract the effect of a sworn affidavit from your adversary that is sure to follow. It's the best ten bucks I ever spent buying his ebook along with scouring this site and studying the rules particular to my state (in your case Georgia)! There are several contributors to this forum from your state that might be able to help. Link to comment Share on other sites More sharing options...
Savoir Posted October 23, 2010 Report Share Posted October 23, 2010 I used Michael Herrin's ebook along with information from this site to beat a JDB lawsuit this very week!Way to go FightBackNow !!!I didn't see you post any details but, I'm impressed.Did it go to trial or did you kick their butt with pleadings?? Link to comment Share on other sites More sharing options...
LostMind Posted October 24, 2010 Report Share Posted October 24, 2010 I don't know about electronic filing but I would think all the information you needed to know about that would be included at that site.If your not sure I would think you could still file in person which is not a difficult process you just need three copy's of everything. Call the clerks office to be sure.Heres a affirmative defense you might want to throw in there if it applies.Plaintiff has failed to provide Defendant with written notice in accordance with OCGA § 13-1-11 prior to the filing of this action, and is therefore barred from the recovery of Attorneys’ fees and costs pursuant to OCGA § 13-1-11. Link to comment Share on other sites More sharing options...
kabbalah Posted October 24, 2010 Author Report Share Posted October 24, 2010 Can you please explain how the OCGA 13-1-11 Applies. Does that mean that if Amex didn't notify me to pay or they would sue, that then they are not entitles to attorneys fees and that I should use this as an affirmative defense? I don't want this to backfire on me.As for Michael Herrins book, I couldn't download it with the Adobe Digital Edition installed, but I was able to track his e-mail address today and he graciously responded telling me that he will mail me out a copy on Monday.If you file a sworn denial, isn't that a form of perjury if you actually have a debt on a CC? Link to comment Share on other sites More sharing options...
LostMind Posted October 24, 2010 Report Share Posted October 24, 2010 Can you please explain how the OCGA 13-1-11 Applies. If you file a sworn denial, isn't that a form of perjury if you actually have a debt on a CC?It has to do with 10 day notice before suit but I'm not a lawyer so maybe I should just provide this link so you understand http://www.buschreedlaw.com/BuschReedLaw/ViewArticles.aspx?ArticleName=/Articles+by+Jim+Busch/4.+Representation/03.+Attorney+Fee+Awards.htmI think a lot of times with Affirmative defenses you put them in there just in case they apply and since attorney fees can be excessive that may be a good way to avoid them.Search for sworn graduated denial on here and when you see it I think you will understand why you would be able to use it. Link to comment Share on other sites More sharing options...
FightBackNow Posted October 24, 2010 Report Share Posted October 24, 2010 (edited) I used Michael Herrin's ebook along with information from this site to beat a JDB lawsuit this very week! Way to go FightBackNow !!!I didn't see you post any details but, I'm impressed.Did it go to trial or did you kick their butt with pleadings??Good to see you again Savoir, check out the latest victory report Edited October 24, 2010 by FightBackNow Link to comment Share on other sites More sharing options...
LostMind Posted October 24, 2010 Report Share Posted October 24, 2010 Congrats, fightback now, I'm happy for you however you just hijacked someone else's thread with information that does not necessarily apply in Georgia. We are all guilty of it myself included but it just seems like your post deserves it own thread for such good news and all the follow up responses that are going to come that have nothing to do the original post.peace, Link to comment Share on other sites More sharing options...
FightBackNow Posted October 24, 2010 Report Share Posted October 24, 2010 Congrats, fightback now, I'm happy for you however you just hijacked someone else's thread with information that does not necessarily apply in Georgia. We are all guilty of it myself included but it just seems like your post deserves it own thread for such good news and all the follow up responses that are going to come that have nothing to do the original post.peace,You're right, sorry about that. I don't have time now, but will remove that post and start a thread on it's own later. Link to comment Share on other sites More sharing options...
jenawade Posted October 24, 2010 Report Share Posted October 24, 2010 You're right, sorry about that. I don't have time now, but will remove that post and start a thread on it's own later.Sorry sorry sorry, I'm jumping in real quick. FightBackNow, do you have the documents you used to win your case (minus private info) posted anywhere for other Michigan residents to use? Sorry, I can't PM without having 10 posts to the forum. Link to comment Share on other sites More sharing options...
davephx Posted November 5, 2010 Report Share Posted November 5, 2010 I realize kabbalah has already filed but thought make some comments on his defenses.I don't like defense don't have affiaiants statement since they can easily get. The key is if its legitimate based on personal knowledge.So I have used:2) Plaintiff has provided no admissible evidence testifying to the accuracy or validity of the alleged account.3) Plaintiff has not proven the debt is valid or the amount of the debt is accurate. The Plaintiff must prove that the principal, interest, collection costs, and attorneys fees are all correct, agreed to in a written contract, and lawfully charged. Defendant also insists that the Plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt.4) Plaintiff by failing to comply with request for original signed agreement denies Defendant the opportunity to exercise any arbitration clause that may be contained is any alleged agreement. Defendant seeks to retain any rights of arbitration that may be in such alleged agreement.7) Defendant claims Lack of Privity as there is no proof that the Defendant entered into any contractual or debtor/creditor arrangements with the Plaintiff.I also have a longer version of the without knowledge answer:9. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 6, 2010 Report Share Posted November 6, 2010 PLease simply admit or deny, then put in your affirmative defenses. Saying you have no inf or knowledge sufficent to form a belief is like blinking your eyes idly, even if it is sowrn to. It will not defeat a motion for summary judgment. Link to comment Share on other sites More sharing options...
kabbalah Posted November 7, 2010 Author Report Share Posted November 7, 2010 (edited) I have not filed my defense yet. I will be doing that on friday this week, about 5-6 days before the 30 day clock just o be certain. Can you please explain to me a little more clearly what is wrong with my defense? The knowledge stuff is in relation to whether or not amex is a bank chartereded in utah etc. Any suggestions would be greatly appreciated, and time is of the essence right now.Should I be putting this clause in my affirmative defenses or should I wait to bring up arbitration later on??4) Plaintiff by failing to comply with request for original signed agreement denies Defendant the opportunity to exercise any arbitration clause that may be contained is any alleged agreement. Defendant seeks to retain any rights of arbitration that may be in such alleged agreement. Edited November 7, 2010 by kabbalah question Link to comment Share on other sites More sharing options...
kabbalah Posted November 25, 2010 Author Report Share Posted November 25, 2010 Question. Do I file the Defendants 1st set of interrogatories and the 1st set request for production of documents at the same time? I filed my defense about 2 weeks ago and I am assuming that I have 30 days to file this from the defense filing. I am posting the Interrogatories for any comments. It comes straight out of Michael Herrins book. I am thinking about hiring some legal help. Does anyone have a recommendation of someone who is reasonable? Perhaps a legal aid? I am prepared to do the grunt work if I am directed properly. ThanksIN THE STATE COURT OF FULTON COUNTYSTATE OF GEORGIAAmerican Express Centurion Bank Civil Action File# xxxxxxxx Plaintiffv.Mr Nice Guy DefendantDEFENDANTS FIRST SET OF INTERROGATORIESCOME NOW the Defendant and file the following interrogatories and to be answered by the Plaintiffs under oath.DEFINITIONSFor the purpose of these interrogatories, the following definitions shall apply:The word “person(s)’ shall mean all individuals and entities, including sole proprietorships, associations, companies, partnerships, joint ventures, corporations, individuals, institutions, etc.1. “Document” is used in its broadest sense and includes, but is not limited to, any printed, typewritten, handwritten, graphic or recorded matter of any type and description, however denominated and however by whomever prepared, recorded, produced, reproduced, disseminated or made, including, but not limited to, the followingAny letter, telephone bill, calls, minutes, resolutions, telegrams, cables, reports, charts, affidavits, statements, accountant’s statement, financial statement, bank records, book of account, ledger, work sheet, balance sheet, information sheet, data sheet, journal, list, book, manuscript, desk calendar, appointment book, diary, business records, personal records of employees, opinion, memorandum, summary or record of tape recording or transcript of any conversation or meeting, notes, notebooks, paper, photograph, audio or video tape, recording, microfilm, microfiche, study, contract, written agreement, check, receipt, invoice, bill, computer printout, communication, summary of interview, report/and or summary of investigations, and/or any other writing of whatever description, including computer tapes, computer cards, disk, diskettes, any information contained in any computer although not yet printed and any draft, carbon, photographic copy, preliminary take or version of any such material the contents of which differs in any respect from the original.2. Something “relating to” or which “relates to” any given subject means anything that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with, or is anyway pertinent to that subject.3. The word “identity” when used with respect to a person or persons means to state the name, address and telephone number of each person, to note the name of the present employer, place of employment and job title, is any, of each such person, and if such person was affiliated at any time with any party to this litigation, by employment or otherwise, to state the nature, including job title if any, and dates of such affiliation.4. The word “identify” when used with respect to a document means:a. To specify the nature of the documents.b. To state the date, if any, appearing on the document, or if none, the date upon which such document was prepared.c. To describe in general the subject matter of the document.d. To identify each person who wrote, signed, dictated or otherwise participated in the preparation of the document.e. To identify each person, if any, who was an addressee thereof, who examined the documents.f. If it now exists, to identify each person having custody of the document. As an alternative to identifying a given document, the Plaintiff may produce such document as an exhibit or attachment to the Answers to these Interrogatories.INSTRUCTIONS1. As used herein, the singular shall be deemed to include the plural and vice versa; the masculine shall be deemed to include the feminine and vice versa; the disjunctive (“or”) shall be deemed to include the conjunctive (“and”) and vice versa; and each of the functional words “each”, “every”, “any”, and “all” shall be deemed to include each of the other functional words.2. At the conclusion of each Answer to an Interrogatory or part thereof, identify the person responsible for the Answer, all documents used in preparing the Answer, and all persons interviewed or consulted in preparing the Answer.3. Interrogatories which cannot be answered in full shall be answered as completely as possible, and incomplete answers shall specify the reasons for the incompleteness, as well as stating whatever knowledge, information or belief you possess with regard to each unanswered or partially answered Interrogatory.INTERROGATORIESINTERROGATORY NO. 1: Please identify every fact that you rely on to establish that Plaintiff owes the debt sued upon.ANSWER:INTERROGATORY NO. 2: Please indentify who was the original party who contracted with the Defendant regarding the debt sued upon.ANSWER:INTERROGATORY NO.3: Please identify how the Plaintiff came to own or acquire the right to sue upon the debt sued upon.ANSWER:INTERROGATORY NO. 4: Please identify what if any consideration the Plaintiff paid to acquire the debt sued upon.ANSWER:INTERROGATORY NO. 5: Please identify the date you allege default on the debt sued upon occurred.ANSWER:INTERROGATORY NO. 6 : State the names and addresses, along with the profession or occupation of each and every expert who has been retained to testify relative to the issues of this case, indicating the facts known or opinions rendered by said expert. As to each expert witness who is expected to be called at the trial, please state the subject matter or area in which such expert is to testify, the substance of facts and opinions as to such expert and the summary of the grounds for each opinion by each such expert. Please take notice that this party will object to any person testifying as an expert at trial who is not listed in the Answer to this Interrogatory. ANSWER:INTERROGATORY NO. 7 : State the name, address and title of any person or party(s) who has possession or knowledge of any recorded statement(s), written statement(s), recorded telephone conversation(s), estimates, reports, statements, documents, letter(s), etc. or any other tangible evidence which would in any way be material, related to, pertinent and/or deals with in any way the persons, parties or issues in the subject litigation, whether or not you intend to use same at trial, and describe for each such person what item they have in their possession. Please take notice that this party will object to any person testifying as an expert at trial who is not listed in the Answer to this Interrogatory.ANSWER:INTERROGATORY NO. 8: State the name, address and title of any person or party(s) who has knowledge in any way material, related to, pertinent and/or deals with in any way the persons, parties or issues in the subject litigation, whether or not you intend to use same at trial. Please take notice that this party will object to any person testifying as an expert at trial who is not listed in the Answer to this Interrogatory.ANSWER:INTERROGATORY NO. 9: Do you agree to supplement your Answers to these interrogatories to indicate any changes, additions or deletions relative to the testimony contained herein?ANSWER:_______________________ Mr Nice Guy DEFENDANTSworn to and subscribed before me this the________day of ______________, 2010________________________________Notary PublicMy Commission expires on ________________________ Link to comment Share on other sites More sharing options...
humbug ditto Posted November 28, 2010 Report Share Posted November 28, 2010 If anybody can help me, your assistance will be greatly appreciated. I was served an alias summons on Sunday Nov. 21. I wasn't handed the summons, but it was attached to my door. I am being sued by a CA and/or attorney who claim to represent Cap1. Prior to this, I had made various payment amounts in hopes of 'keeping Cap1 satisfied'. However, the account was charged off a month or so ago. I was attempting to pay off each credit card one-at-a-time while continuing to pay less than the minimum amount on the remaining credit cards. (Due to an assault in Chicago 2008, I spent almost one month out of work and steadily fell behind). I have NEVER had any contact with this law firm (BHLM LLC). Nor had I received any notices from them concerning my Cap1 account. In fact, I was stunned to notice that Cap1 had sued me! Nonetheless, as of Nov22, I have been unable to verify if this agency actually owns my debt; is entitled to the monies which they are suing me for; or if it is fraud. I am deep in debt as of the writing of this post. I am frustrated to the point where I cannot eat and 'death' is beginning to look better than being dragged in to court. I have never been through this. I thought about contacting this agency and attempting to establish some type of payment plan. Hopefully to stave off court, lawsuits, and wage garnishment. Although I do not know if this agency owns my debt; nor am I agreeing with the amount which they state that I owe, I WOULD DO ALMOST ANYTHING TO CLEAR THIS UP! I have been searching for the right words to say in my ANSWER. But my lack of legal and court knowledge will probably get me lynched. I am tempted to take severe measures to END ALL OF IT!!! However, I am going to exhaust all of my resources. Please forgive me for my extensive statement. I am just pleading for any assistance which anyone may provide.Thank you all HD Link to comment Share on other sites More sharing options...
donqII Posted November 28, 2010 Report Share Posted November 28, 2010 If anybody can help me, your assistance will be greatly appreciated. I was served an alias summons on Sunday Nov. 21. I wasn't handed the summons, but it was attached to my door. I am being sued by a CA and/or attorney who claim to represent Cap1. Prior to this, I had made various payment amounts in hopes of 'keeping Cap1 satisfied'. However, the account was charged off a month or so ago. I was attempting to pay off each credit card one-at-a-time while continuing to pay less than the minimum amount on the remaining credit cards. (Due to an assault in Chicago 2008, I spent almost one month out of work and steadily fell behind). I have NEVER had any contact with this law firm (BHLM LLC). Nor had I received any notices from them concerning my Cap1 account. In fact, I was stunned to notice that Cap1 had sued me! Nonetheless, as of Nov22, I have been unable to verify if this agency actually owns my debt; is entitled to the monies which they are suing me for; or if it is fraud. I am deep in debt as of the writing of this post. I am frustrated to the point where I cannot eat and 'death' is beginning to look better than being dragged in to court. I have never been through this. I thought about contacting this agency and attempting to establish some type of payment plan. Hopefully to stave off court, lawsuits, and wage garnishment. Although I do not know if this agency owns my debt; nor am I agreeing with the amount which they state that I owe, I WOULD DO ALMOST ANYTHING TO CLEAR THIS UP! I have been searching for the right words to say in my ANSWER. But my lack of legal and court knowledge will probably get me lynched. I am tempted to take severe measures to END ALL OF IT!!! However, I am going to exhaust all of my resources. Please forgive me for my extensive statement. I am just pleading for any assistance which anyone may provide.Thank you all HDYou will get more responses if you start a new thread of your own.Tht way your opening will be at the head of the thread. Link to comment Share on other sites More sharing options...
humbug ditto Posted November 28, 2010 Report Share Posted November 28, 2010 thank you very much. I will do that. Link to comment Share on other sites More sharing options...
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