Sued by Gamache & Myers on 3 Counts. HELP PLEASE

[ArtieRay]

In the complaint summons I received, it contained the following:

1)"Account Information Report" - this is a non-authorized paper that basically has a) blacked out acct#

an account summary

c) my personal infromation

2) Bill of Sale and Assignment of Loans - this too is non-authorized but reads as follows:

"The undersigned Assignor ("Assignor") on and as of the date hereof hereby absolutely sells, transfers, assigns, set-over, quiteclaims and conveys to CACH, LLC, a Limited Liability Company organized under the laws of Colorado ("Assignee") without recourse and without representations or waranties of any type, kind, character or nature, express orimplied, subject to BUyer's repurchase rights as set forth in Section 8.1 and 8.2, all of Assignor's right, title and interest in and to each of the loans identified in the loan schedule ("Loan Schedule") attached hereto (the "loan"), together with the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as the Cut-Off Date applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which loans and being sold (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Loans into cash or other liquidated property)

DATED: Sept 20, 1010

Assignor: FIA Card Services, N.A.

signed Debra L. XXXX, Vice President

The plaintif is trying to sue me "Suit on Account" with

a) Count I - Suit on Contract

Count II - Money Had and Received

c) Count III - Account Stated

My goal is to get this case thrown out as I have had no prior course of dealing with the plaintiff by defeating what I am understanding to be their suit of my on account stated.

Any and ALL infromation to be proactive and not reactive is welcomed. Again, I am in Missouri.

[usagi555]

Please note that I am in Missouri.

Thanks to advise I've received thus far in this process. I know I'm no where but feel like today helped me if not for anything more except to get comfortable in a court room setting.

Today when I went to court

1) the court accepted my motion to remove my pre-mature motion to compel discovery

2) I'm due back in court to "see where we are at with discovery" on Dec 20th

That said If you read my previous post I received a letter "PLAINTIFF's GENERAL OBJECTION TO DEFENDANT's DISCOVERY REQUESTS" which basically in reply to my request for documentation from the plaintiff I sent to them on the 11/9/2011 after being served on 11/5/11. They state that they are rejecting that 11/9th discovery request as it was not in the proper format pursuant to rule 57.01.

I'd like to know if my ideas of next steps are correct. I have been studying the rules of the court and I did send another request for documentation in the correct format as of 11/21. I'd like to know if I should/need file a motion to strike the "PLAINTIFFS GENERAL OBJECTION TO DEFENDANT'S DISCOVERY REQUESTS" or will the fact that I have now requested the production of documents in the correct be enough.

I have another 13 days to continue to request production of information, before, assuming I dont receive a response to my request for information, I will then file the motion to compel for discovery. Besides continuing to study civil procedure, what else canI be doing to proactively and not reactively get ready for my next date in court?

Any and all advise is welcome.

Happy Thanks Giving to everyone as well.

Before you MTC discovery requests, it would be advisable to send a letter to opposing council, point out that their discovery responses are late and offer to meet and confer with them so that the court does not have to get involved.

Here is some extra advice: It looks like you're kind of freaked out and amped up. Chances are that this is not going to be something that will be over with soon. It's a JDB, so they could fold at any time, but don't plan it. Calm down, sit back and reflect on the situation. Plan for the long fight. There will be times when there may be nothing to do for a couple of weeks except for wait. You'll have to deal with it. You sent discovery requests. That was proactive. Let things run their course, and then act when appropriate.

Edited November 23, 2011 by usagi555

[daybyday]

some extra advice: It looks like you're kind of freaked out and amped up. Chances are that this is not going to be something that will be over with soon. It's a JDB, so they could fold at any time, but don't plan it. Calm down, sit back and reflect on the situation. Plan for the long fight. There will be times when there may be nothing to do for a couple of weeks except for wait. You'll have to deal with it. You sent discovery requests. That was proactive. Let things run their course, and then act when appropriate.

excellent point. We were served in Aug '10 finalized Jun '11

[Bellini]

I too am being sued by Gamache and Myers PC. The original creditor is Apsen , and the collection agency is Midland LLC. I only found out about this on 1-18-2012 after receiving two letters "advertisements" from other attornys stating that I have a case filed against me here in Missouri.

The debt, as last quoted is $600.00. I am being sued for six hundred dollars!! For a year I made payments. But in Sept. and Oct. of 2011, I had family issues and did not send a payment. I spoke to a rep. at Gamache and Myers PC in early November 2011,and told him I could only pay $25.00 per month. When we got off the phone, I believed to have a verbal agreement. I sent a payment mid-Nov. for $25.00; and then the last week of Nov. I sent another payment for the Dec. month. I was sent a letter in Nov. where Gamache and Myers PC acknowledged my partial payment, and then Dec. 1st I received another letter from Gamache and Myers PC acknowledging a partial payment. On January 13, 2012 Gamache and Myers PC, filed a law suite against me, I am awaiting the summons. In the meanwhile I have made arrangements with Gamache & Myers PC for 3 payments to be debited over 3 months, starting January 27 2012. Court is March 13, 2012, at which time I will have one payment left. I am not disputing the debt, I just did not have full time permanent employed until August of 2010; therefore could not pay the original creditor - ASPEN.

I cannot help but think of the joke a friend told me a while back. There was a small good community with one law office. The citizens where happy and the law office serviced the needs of the citizens, and the attorney made a good living. But a second law office moved into the town, and do you know what happened? Both law offices got rich. The point I am making is I received a letter from one (actually two) attorneys telling me that Gamache and Myers PC has filed a law suite against me on behalf of Midland Financial LLC, before I learned of this via a summons. Do you get my point. One attorney cannot get rich collecting debts.