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I need some advice on what steps to take or not take next!


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Hello! Here's the background on my story. I recieved a summons and complaint by Rausch, Strurm, Israel, Enerson & Hornik, LLC aka Portfolio Recovery associates "assignee of wells fargo bank N.A)"and at first i was really overwhelmed. However, I did my research, read tons of forums, searched the web, downloaded some material ect. So I filed my answer along with my affirmative defenses which i denied except for my name and my address. Also, on the same day I filed my paperwork with the court and sent a notified and return receipt of my answer, notice of appearance and affirmative defenses to the lawyer from RSIEH that was suing me. I also sent a Letter or Validation to Portfolio Recovery Associates (RSIEH) which i Have NOT received anything yet, its been about 3 weeks. Upon 30 days Ill send them a letter saying they have violated the FDCPA and should remove from my credit report. (I did not send this to the court, I did not at the time think that it was directly related to my case to be filed)

Then about a week later I received a letter saying that I am going to have a court date on December 15, so next month. Then I received a letter showing what they are going to show to the court. There are two "exhibits"

"exhibit one" is a bunch of random "account information" that blocks out my account number.. and shows random payment balances and annual percentage rates and overdraft charges. (I never had a credit card, only a debit card and bank account that I went negative in built up a bunch of overdraft charges when I was extremely poor in college) So these may be true. There's no contracts showing my signiture with wells fargo.

"exhibit two" is a very questionable "bill of sale" which is allegedly signed by wells fargo bank with a signiture that I cant read with no printed name. Apparently it is also has a Notarial Seal from Iowa with a date that is whited out re written over.. Its all photocopied obviously?

I could use some advice. Do I go to court on my court date and just state that I haven't recieved any validation or is this enough "valid Proof" that they have turned into the court? Also, they have sent me a settlement, however, It is 170.00 more than they just sued me for! So im in a predicament of do I settle and get this over with because I'm not sure what to do when i get to court.. Even though I'm fairly certain this "evidence" is not valid proof.

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Let me start by saying I think you may be a little confused about the process so I will summarize

1. summons and complaint served to you.(most states have an affidavit from some random employee which if not countered with an affidavit from you will show some prima facie case more on this later)

2. answer to complaint filed.(If your state requires sworn affidavits or such you need to get that in asap)

3. Discovery(the rules for it are in your states rules for civil procedure)

4. If you don't do anything after your answer they might file a Motion for summary judgment( this is difficult probably more than anything else)

5. pretrial stuff (varies by state)

6. trial

7. Judgment(has several short deadlines for the next moves)

8. post trial motions (for if you lose at trial)

9. appeal(You seriously have to think about this, most states require a surety bond to stay enforcement of the judgment so you have to really see if you can win, It is not a good situation to punt in)

10. post appeal judgment related motions and stays.

So where you are is known as the discovery phase. This is where you attempt to get the documents they have that you can use to torpedo their case.

There are several discovery methods:

request for production of documents

Interrogatories

Admissions(If they send you these work on them the same day you recieve them with help from here because if you drop the ball on these they win no matter what.)

depositions (not frequently used by pro pers but some states allow written depositions.)

This is the method to obtain the information that the plaintiff's will use at trial to take your money. You can also gain information of lack of witness knowledge, any potential violations of law on their part, any shady things and to be a big pain in the gluttial region.

Then you file motions to get rid of the evidence in their case prior to trial

at trial you tell the court why they have no case(supported by caselaw and authority so that you slowly box the court into a situation where they have to rule in your favor)(the other side will do the same)

and post trial motions if you fail to get a eruling in your favor.

that is how it flows basically. you are in discovery portion so you have to look up request for production, interrogatories, admissions and motions to compel.

You will have to put in about 2 hours a day minimum to get up to speed but it can be done.

any questions you have but to post here and we will help.

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I also sent a Letter or Validation to Portfolio Recovery Associates (RSIEH) which i Have NOT received anything yet, its been about 3 weeks. Upon 30 days Ill send them a letter saying they have violated the FDCPA and should remove from my credit report.

That is not going to work. You requested validation AFTER they sued you. It's too late for validation at that point. Also, the 30 days only applies during the first 30 days after their first contact with you. If you request validation after their very 1st communication with you, they can't continue to attempt collection until they validate. If you request validation any time after that, they don't have to validate and can continue to attempt collection.

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