antiquedave

Iterrogatories to utilize when dealing with an OC (Or JDB)

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4. Documentation as to chain of assignments involving of all parties identified or not. All contracts, agreements, Master Agreements, assignments, or other means demonstrating and illustrating the transfer of the receivables to and from the alleged account to xxxxxxxxxxx Funding and bbbbb. To include but not limited to actors and agents of nnnnnnnnnnn i.e. showing that they had the authority and capacity, and was legally entitled to collect on the alleged debt from “”Account””;

5. Copies of ALL correspondence sent to defendant by xxxxxxxxxxx and PC., ccc Financial and gggggg Collections demonstrating an attempt to collect on the alleged debt, “”Account””;

6. A notarized affidavit, if presently existing or otherwise, by an employee of vvvvvvvvvvv with original knowledge of the alleged debt, as it was constituted, and who can testify, be so interrogated in a deposition, or respond to admissions and interrogatories that the alleged debt was incurred legally and to the process of review of said account. Further a copy of any internal policies and procedures outlining the methods used for verification of the alleged account by aforementioned affiant and all further documents that you believe establish that defendant had an outstanding account or debt related to “”Account””; in the possession of xxxxxxxxxxxxxxxxx and it’s subsidiaries, agents, holding companies or other entity exerting any control or influence over said account at any time since the alleged account was created.

4. Do I need to include this in my request even if Midland alleges they bought debt from OC (Chase)? If so, what do the xxxx, bbbbb, and nnnn represent?

5. What do the ccccc and gggg represent?

6. VVVV=JDB or OC? XXXXX=??

Thanks in advance! This board has been great, just too much info to sort thru (my head is spinning right now) so any help here is appreciated. Thanks again.

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This law firm is coming after me from a credit card balance from 2003. Bank One/Chase bank closed the account in 2003 and continued charging me up to $170.00 per month in late fees, over limit and interest charges. I filed an answer with the court within the time limit so I would not get a default judgement. I also sent a debt validation request to the law firm which also sent me an entire packet of interrogatories and a request for admissions. Then they send me a separate letter two days later advising that they have been trying to call me but by law they are not allowed to leave a message.... Now they want to talk to me...the first document that I received advising me that this law firm was coming after me was the summons and complaint. Just looking for some responses to the Interrogatories. BTW this is from CACH, LLC.

Thank you!

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This law firm is coming after me from a credit card balance from 2003. Bank One/Chase bank closed the account in 2003 and continued charging me up to $170.00 per month in late fees, over limit and interest charges. I filed an answer with the court within the time limit so I would not get a default judgement. I also sent a debt validation request to the law firm which also sent me an entire packet of interrogatories and a request for admissions. Then they send me a separate letter two days later advising that they have been trying to call me but by law they are not allowed to leave a message.... Now they want to talk to me...the first document that I received advising me that this law firm was coming after me was the summons and complaint. Just looking for some responses to the Interrogatories. BTW this is from CACH, LLC.

Thank you!

When is the last time you paid on this account? It might be outside the statute of limitations, and, it probably is out of statute in Delaware, which Chase uses as the governing law.

I would look into the arbitration strategy. JDBs hate arb because of the costs.

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The last payment was made in 2011 which is the result of another JDB coming after me in 2008. I was scared and didnt know what to do so I signed Stip of Settlement with the previous JDB. I lost my job in 2008 and tried to reach out to the JDB but they ignored all of my letters and calls so I stopped paying the bill because I realized that I would be paying the JDB for fees charged by the OC and not the principle balance. In March 2012 I receive a summons & complaint from FSKS and that was their first communication with me. I restarted the SOL with my 2011 payment. I can't use that defense.

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I live in new york and I was advised to send a letter of interrogatories to the answers I received during disclosure. I am only asking 2 questions. Do I have to provide all the definitions and instructions?

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Anyone looking over the things I submitted in the case that was against me needs to consider that my rogs were tailored to my lawsuit. I was going down a different path than many do when I was hitting them on the securitization issue.

At that time I was prepaing to file BK and I just really wanted to see what they would do plus I was only working on this stuff for a couple months when I sent it all in.

I looked at a half a dozen or more interrogatories and cherry picked out the things that I thought pertained to the action I was defending at the time, it was tailored to my situation.

You cannot cut and paste what I submitted or use anyone elses materials without having some idea of what it all means to you and your case.

Someone recenltly posted the rogs they were going to send in that included securitization questions from my rogs. That is a real can of worms issue, but I included securitization as an affirmative defense in my response.

I do not recommend that is a tactic to take for most people, I spent 100 hours reading about it, there is not much in the way of case law and what is there applies to mortgages. I would use it again only because I know they hate it, don't understand it, and will spend time on it. Would I like to get copies of their handooks, procedures, protocols, etc as it relates to securitization? sure, but it aint ever gonna happen.

Bottom line on the rogs and things I posted here is that they were specific to my case, and they are posted as an example of what I did. YOU need to tailor everything you use to your specific case and understand what it is that you are using.

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