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History:

June 2009--Account charged off, 3869.00

August 2009---collection call from NCO. First and last time I heard from them. They asked a lot of questions about my access to other credit accounts and about a retirement account (which I didn't and don't have)

February 22, 1010- complaint from Cap1 represented by Weltman, Weinberg, and Reis. First time I had ever heard of WWR.

March 16, 2010--filed my answer with the court and mailed (by regular mail, a mistake) to plaintiff.

April 2, 2010-received motion for default judgement and notice of hearing with no date.

April 15, 2010--received judgement from courts. There were 2 dates on this document---one said tendered April 9, 2010 and the other said "entered" April 14, 2010

April 16, 2010--took a handwritten letter to the court asking why I had receved a default judgement when I had answered original complaint and had never received a court date.

April 17, 2010--received by mail a copy of my handwritten letter with a handwritten note by the judge which said "reverse!" and yes it had an exclamation point after it. Also included was a court date for June 11th on the matter.

May 14, 2010--received a notice from plaintiff lawyer to no objection to setting default judgement. (noted different attorney for Cap 1 now)

May 12, 2011--MORE THAN A YEAR LATER Received verification of debt that I had requested in my answer to original complaint from March 16, 2010. This was a copy of the same account statement that had been included with the original complaint. They did not respond to any of my other affirmative defenses.

June 6, 2011--Received motion for summary judgement. This included what I assume is usual stuff but it also included an affadavit dated March 1, 2010 from litigation support representative and agent of plaintiff about their record keeping practices.

So......here I am. Called court and they said I didn't need to file an answer to this, just show up in court July 8. Court clerk said Plaintiff had almost hit their deadline.

Questions: Should I file some sort of response so that the judge has seen it ahead of time?

I need to say that as much as I would like to see this go away, the debt is mine and I have worked VERY hard this past year or so to fix credit. That is why when NCO originally contacted me they were interested in why I couldn't use other credit accounts. I explained, and maybe this was dumb, that I was not going to screw myself with another creditor to fix another one. I want to pay the debt I actually owe, so at issue for me is that the totals on the documents I receive keep changing. I am not talking about the interest, I am talking about the principal sum keeps changing. Can it do that? Shouldn't the prinicipal sum they are collecting be the amount they charged off?

Also, of note I am on unemployment. Have a joint bank account with my husband. If they get judgement, what is timeline and how does their collection on account work?

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You'll have to read your court rules under "judgments" to see what the process is to enforce them. It differs in some states. If you really expect to get one against you, I would have the hubby open his own account and keep your money separate. Your unemployment funds are exempt, but his funds aren't. As far as objecting to their MSJ, again, read your court rules. They are your bible as far as this all goes. If you are allowed to file an objection, than I would.

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You do not fully indicate who it is that is sueing you. I know it is a Citi account, but is it NCO sueing you? If it is then it is very easy to beat them.

You will want to submit an objection to their MSJ so it is on the record and detailed attacking each point in their MSJ.

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It is Capital One. I am not sure why NCO contacted me one time and then never again. I mean according to Cap 1 they still have account, so why would NCO have ever been involved?

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Guest usctrojanalum

NCO is a collection agency that basically just calls and hassles people for money on behalf of creditors.

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Keep in mind I am in IL not KY. You need to research KY law and cases.

In my state case law clearly states "it is the business record itself, not the testimony of a witness who makes reference to the record, which is admissible." Anything the affiant says that is not backed up by a business record is hearsay. The ONLY purpose of the affidavit is to authenticate the business records, of which your plaintiff has exactly one. Just because they are "an authorized agent for the purposes of this affidavit" and pinky swear that what they say is correct, doesn't mean that looking at a computer screen and plugging names and numbers into an affidavit template is admissible evidence.

A summary judgment means that "no material issue of fact exists and one party or the other is entitled to a judgment as a matter of law." I think you can demonstrate ample material issues of fact.

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History:

June 2009--Account charged off, 3869.00

August 2009---collection call from NCO. First and last time I heard from them. They asked a lot of questions about my access to other credit accounts and about a retirement account (which I didn't and don't have)

February 22, 1010- complaint from Cap1 represented by Weltman, Weinberg, and Reis. First time I had ever heard of WWR.

March 16, 2010--filed my answer with the court and mailed (by regular mail, a mistake) to plaintiff.

April 2, 2010-received motion for default judgement and notice of hearing with no date.

April 15, 2010--received judgement from courts. There were 2 dates on this document---one said tendered April 9, 2010 and the other said "entered" April 14, 2010

April 16, 2010--took a handwritten letter to the court asking why I had receved a default judgement when I had answered original complaint and had never received a court date.

April 17, 2010--received by mail a copy of my handwritten letter with a handwritten note by the judge which said "reverse!" and yes it had an exclamation point after it. Also included was a court date for June 11th on the matter.

May 14, 2010--received a notice from plaintiff lawyer to no objection to setting default judgement. (noted different attorney for Cap 1 now)

May 12, 2011--MORE THAN A YEAR LATER Received verification of debt that I had requested in my answer to original complaint from March 16, 2010. This was a copy of the same account statement that had been included with the original complaint. They did not respond to any of my other affirmative defenses.

June 6, 2011--Received motion for summary judgement. This included what I assume is usual stuff but it also included an affadavit dated March 1, 2010 from litigation support representative and agent of plaintiff about their record keeping practices.

So......here I am. Called court and they said I didn't need to file an answer to this, just show up in court July 8. Court clerk said Plaintiff had almost hit their deadline.

Questions: Should I file some sort of response so that the judge has seen it ahead of time?

I need to say that as much as I would like to see this go away, the debt is mine and I have worked VERY hard this past year or so to fix credit. That is why when NCO originally contacted me they were interested in why I couldn't use other credit accounts. I explained, and maybe this was dumb, that I was not going to screw myself with another creditor to fix another one. I want to pay the debt I actually owe, so at issue for me is that the totals on the documents I receive keep changing. I am not talking about the interest, I am talking about the principal sum keeps changing. Can it do that? Shouldn't the prinicipal sum they are collecting be the amount they charged off?

Also, of note I am on unemployment. Have a joint bank account with my husband. If they get judgement, what is timeline and how does their collection on account work?

First of all, I suggest that you edit your post and remove the remarks where you admit that the debt is yours.

Secondarily, even without seeing the Affidavit, I can assure yu that it is eligible for a motion to strike as irrelevant. Additionally, I am equally certain that the Affidavit is not properly framed to qualify as "Summary Judgment" evidence.

Whoever told you that you did not need to resound to the Plaintiff's Summary Judgment Motion provided you with some "faulty" advice.

You must oppose the Plaintiff's Motion otherwise the Judge will grant the motion and the only way for you to "win" is to file an appeal.

I suggest that you reproduce the contents of the Affidavit on this thread...If you send me a message when you have posted it, I will post a response and suggest how you might frame your motion in opposition to Summary Judgment.

July 1st is not that far away so you do not have a lot of time.

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