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Pre-trial coming up, have not received anything but a date???


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Is there anything I should be doing or have prepared before the Pre-trial?

Background:

1. Who is the named plaintiff in the suit? ***Cap. All. Fin.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) ***Stng&Stng ----Sleezeball & Slimey, PC

3. How much are you being sued for? ***1oK

4. Who is the original creditor? (if not the Plaintiff) ***Ch@se

5. How do you know you are being sued? (You were served, right?) ***Summons

6. How were you served? (Mail, In person, Notice on door) ***Notice on Door

7. Was the service legal as required by your state? ***I believe so

8. What was your correspondence (if any) with the people suing you before you think you were being sued? ***None

9. What state and county do you live in? ***Mi.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) ***They're saying the account was opened in 2004 and last paid in 2009

11. What is the SOL on the debt? To find out: ***6 yrs.

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). ***Summons served, Summons answered, Pretrial date set, stack of old bills sent by sleezeballs asking me to contact to discuss.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) ***No, first time learning about it.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. ***No, did not know about it.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

***On the next reply is the summons I received and my answer to it. To date I have not received anything except for the notice to appear for a "Pre-trial Conf." and a letter from Sleezeball & Slimey attorney's with a stack of old billing statements, about 20 pages worth (many of them duplicates).

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

***They sent an account statement from the Plaintiff stating that Ch@se was the original Issuer along with an account number and an amount. Attached to that was a letter "Solemnly Swearing" that an employee of the plaintiff's company was competent to testify about her personal knowledge of the books and records of the plaintiff's company. It goes on to say that they bought the debt from Ch@se and are the owners of the debt. That as owners of the debt their records include account information provided by the original creditor to any intervening assignees as well as entries made by the plaintiff. And then they restate the amount owed and state the date the account was opened and the last date a payment was made.

Since receiving my "Notice to Appear" for a "Pre-trial conf." the plaintiff sent to me a stack of old account statements, about 20 pages with a request to contact them to discuss. I did not respond.

Thank you for all of your help!!!

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STATE OF Mi

IN THE xxND DISTRICT COURT-xND DIV. FOR THE COUNTY OF OAKLAND

There is no other pending or resolved civil action arising out of the transaction or occurrence as alleged in the Complaint.

NOW COMES the above named Plaintiff, by and through its attorneys, Slimeball & Sleaze, P.C., and for its Complaint states as follows:

JURISDICTIONAL ALLEGATIONS

1. Plaintiff is the assignee of Defendant's account(s) from Ch@se. The account(s) was/were assigned from Ch@se to Global Acceptance CC, to Capital Alliance Financial, LLC, the Plaintiff.

2. Upon information and belief, Defendant me, resides at at my house

3. The amount in controversy, exclusive of interest and costs, is less than $25,000.00.

PAGE 2

GENERAL ALLEGATIONS

4. On April x, 2004, Defendant(s) opened a charge account with original creditor to provide credit on merchandise purchased. A credit card agreement ("Agreement") was delivered to Defendant(s) and to the best of Plaintiffs knowledge, is in Defendant's possession.

5. Defendant(s) accepted the terms of the Agreement by use of the credit card.

6. Defendant(s) have failed to make payments as agreed upon and the account is in default.

7. There is now due a balance of $8K, plus pre-suit interest at the rate of 13 percent per annum on account number xxxxxxxx from 10/2009 to 2011 in the amount of $2k, resulting in a total due and owing of $10k as is stated in Plaintiff's Account Statement, attached as Exhibit A and an Affidavit, attached as Exhibit B.

8. Despite repeated demands, Defendant(s) have failed to pay the entire amount due and the account is in default.

9. To avoid substantial injustice, Defendant(s) should be required to repay Plaintiff the sum due.

COUNT I

BREACH OF CONTRACT

10. Plaintiff restates and re-alleges paragraphs 1 through 9 herein.

11. Defendant(s) are in breach of contract by failing to pay for charges incurred as agreed and there remains an unpaid balance of $10K

COUNT II

ACCOUNT STATED

12. Plaintiff restates and re-alleges paragraphs 1 through 11 herein.

13. Defendant(s) have failed to object to the accuracy of the monthly billings which; received and which are in Defendant's possession.

14. The account has become stated between the parties.

PAGE 3

COUNT III

UNJUST ENRICHMENT

15. Plaintiff restates and re-alleges paragraphs 1 through 14 herein.

16. Defendant(s) received, accepted and benefitted from the use of the original creditor account and Plaintiff has not been fully paid the reasonable and agreed upon value of said usage of the account.

17. Defendant(s) have been unjustly enriched to the detriment of the Plaintiff and are therefore indebted to Plaintiff in the amount stated herein.

WHEREFORE, Plaintiff requests a judgment in its favor and against Defendant(s) in the amount of $10K, together with continuing interest and costs.

Respectfully Submitted,

Sleezeball & Slimey Attorneys for Plaintiff

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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I answered the summons.

Plaintiff Attorney, S&S

Address

STATE OF Mi

IN THE xxND DISTRICT COURT-xND DIV, FOR THE COUNTY OF xxxx

CAP ALL FIN

Plaintiff,

vs.

Me

Defendant )

) Case No.: xxxx

Me, PRO SE,

ANSWER AND AFFIRMATIVE DEFENSES

Now comes Defendant, me, Pro Se, who admits and denies the following paragraphs of Plaintiff's Complaint:

1. Defendant denies the allegations contained in Paragraph 1 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

2. Defendant admits the allegations contained in Paragraph 2 of the Complaint as the Defendant does reside at xxxxx.

3. Defendant denies the allegations contained in Paragraph 3 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

4. Defendant denies the allegations contained in Paragraph 4 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant.

5. Defendant denies the allegations contained in Paragraph 5 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

6. Defendant denies the allegations contained in Paragraph 6 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

7. Defendant denies the allegations contained in Paragraph 7 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

8. Defendant denies the allegations contained in Paragraph 8 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

9. Defendant denies the allegations contained in Paragraph 3 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

10. Defendant admits to Paragraph 2 and restates and denies Paragraphs 1, 3, 4, 5, 6, 7, 8 and 9 herein.

11. Defendant denies the allegations contained in Paragraph 11 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

12. Defendant admits to Paragraph 2 and restates and denies Paragraphs 1, 3, 4, 5, 6, 7, 8, 9, 10 and 11 herein.

13. Defendant objects to and denies the allegations contained in Paragraph 13 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

14. Defendant denies the allegations contained in Paragraph 14 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant.

15. Defendant admits to Paragraph 2 and restates and denies Paragraphs 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 herein.

16. Defendant objects to and denies the allegations contained in Paragraph 16 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

17. Defendant objects to and denies the allegations contained in Paragraph 17 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

18. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraphs 1 and 3 through 17 of the Complaint and therefore denies the same and puts Plaintiff to its strictest proof thereof.

II. AFFIRMATIVE DEFENSES

Defendants other defenses are:

1. Plaintiff Lacks Standing.

2. Plaintiff violated MCR 2.105, MCR 2.104(A)(3), Alternate Service failed to specify date and time of service and the process server's official capacity.

1. The Plaintiff failed to name the real party in interest.

2. The Plaintiff failed to state a claim upon which relief can be granted.

3. Defendant was not notified of any assignment of the debt that is the subject of the Complaint.

4. Defendant does not consent to or ratify any assignment of the debt that is the subject of the Complaint, or any portion of it.

5. Plaintiff’s Complaint is time-barred Pursuant to MCL Section 600.5807.

6. Plaintiff’s claims are barred by the doctrine of laches Pursuant to MCL Section 600.5815.

7. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.

8. Plaintiff has failed to name the Real Party in Interest.

9. Plaintiff's Complaint fails to allege a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff's Complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

10. Plaintiff's Complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

11. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, Section 807(2), 15 U.S.C. § 1692e(2)from collecting interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify if such interest is allowed.

12. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the Original Creditor received other compensation in the form of monies or credits from the Plaintiff.

13. Plaintiff's damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the purported debt, for which Plaintiff failed to reference in their Complaint.

14. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.

WHEREFORE, Defendant prays that the court take nothing of Plaintiff's Complaint by virtue and dismisses the complaint.

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I would not call them. You need to do some discovery. Not much happens with the court really. You will get a court date I believe at your pretrial hearing altho I am not familiar with MI. Then you do Discovery. Try to find out what else they have on you by asking questions. Do they have a copy of a signed agreement? Do they have original statements. Look up Discovery on here and see the type of questions people send them. Also, start reading your court civil procedure rules. You may get discovery questions sent to you. Mostly you wait and you plan your defense and do your discovery but the court doesn't do all that much between now and the trial unless you file a motion or something to be heard there. My plaintiff never even sent discovery. If I hadn't filed some motions for arbitration I would never have heard from them. It took a year before my case went to trial and on the eve of trial it was dismissed. But alot happened before that.

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I would read your court's civil procedure rules and just make sure that you send your discovery and everything else needed in a timely manner. The court rules tell you the time lines on everything. When is your court date? I would just send them in time to make your plan on how you will defend your case but if there is time I might wait to see if you get some from them and how they did theirs and the form and everything. Depends on how much time you have left and when your court date was. I never sent any discovery but I did do a BOP asking every conceivable question and for all documents. I didn't get much out of them. But in the end it was all they had!

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:)++ Benvenuto!

I would look into if you were even served "properly"... that might be something there....

I have learned that if you send discovery BEFORE your pretrial conference two things could happen:

The Judge will say discovery request was premature, and you have to resubmit (okay so you have to remail it to other side... so you are out some stamps...)

The Judge will say that discovery is ongoing/started, so other motions cannot be brought till discovery is complete.

IF you don't start discovery (or they don't) before the pretrial conference, Judge might decide at pretrial conference if the case even needs discovery (which you would then have to object and explain why you do... :rolleyes: ) OR the judge could decide what elements of discovery you "need" and limit the discovery allowed (object again--if you think you want or need to of course...) OR judge will say "okay, do your discovery and you get XX days to get it done."

Hope that helps to give you some ideas on why you might want to (or not want to) start discovery before the pretrial....

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First...You did a good job with your answer...I can tell you read the MI Rules of CP.

Other than the account statements attached to the complaint, did the JDB attach the two bills of sale from Chase to Global Acceptance, the Global to them? From your answer and defenses I can assume the answer is no.

Two, was there an affidavit attached to the complaint from the Plaintiff? or one from a predecessor?

Three since they are claiming breach of contract, was there any version of the terms and conditions from Chase?

Do not submit discovery to them until after pre-trail when the judge issues the length and time of discovery. Also, at pre-trial, the attorney for the JDB will press you hard to agree to a stipulated judgement. DO NOT AGREE...Do not disclose anything to the attorney, but let the attorney know that you know the rules of CP and applicable Compiled Laws. Most times these attorneys wont even read your answer, since they think you do not know anything. When you talk to the attorney, play hard ball with them. Flat out let them know that you know they cannot prove assignment from both parties. So their attempt to collect is futile at best. Tell them, be ready trial cause at that time they will lose. STICK IT TO THEM and be TOUGH!!

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I don't share BMC's enthusiasm for your answer, but that's just me, I like to give them a little taste of what to expect. His last paragraph is the one you should follow. What you can expect is a motion to strike all those defenses. The only one that has a prayer of survival is lack of standing, which you shouldn't even bother with, standing is on them to prove. You challenge that after discovery is complete by attacking the crap affidavit they provide. They made some pretty outlandish allegations, some of which require some study on your part. You need to look into Deleware statutes to see if there is indeed a "use and acceptance" law. (general allegation 5) Also see if MI has this law. You can fight it either way. They charge breach of contract, did they attach a contract? Guaranteed they didn't. I don't see where you were unjustly enriched at the JDB's expense, the JDB never gave you a dime. Chase did and the JDB was stupid enough to buy the account. They might be out a couple hundred bucks, which is too bad for them. It' rather difficult to make a case for UE when you didn't lend the money. This is even more ridiculous if this JDB bought this from another JDB.

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Regarding the statement from Chase, have you read the MI Rules of Evidence regarding hearsay and self authentication? Rule 902(11) states that, if there's no live witness, in order for a document to be submitted into evidence, it must authenticated with an affidavit. If there's no witness testifying to the authenticity of the document or no affidavit, the document is inadmissible hearsay.

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Legal,

You are correct. They did make some ridicoulus allegations. MI Rules of CP state that if a Plaintiff is going to use another states governing laws, the Plaintiff has to provide adequate notice through the written pleadings to the Defendant.

I did just pick up on that affidavit they attached. Is the affidavit dated within 10 days of the summons...If so, did you submit with your answer a counter-affidavit?

They made an account stated claim, which there is no caselaw I came across in MI that bars a JDB from using it..There is the Unifund CCR Partners case that gives some clarity to the issue and it is a realitively recent decision.

One other thing that I picked up on, you cannot use a FDCPA claim as a defense. it is a counter-claim.

You do have one other defense that could stand up which is the Statute of Limitations, if you can prove that it is time-barred. Carefully compare the statements Chase sent you, to the statements the JDB sent..see if there is any differences. For this being sold for a 2nd time, having 20 statements or more seems unlikely, since each JDB would have to pay additional for those documents. There have been reports of JDBs hiring graphic design artists to copy account statements and documents as well.

Edited by bmc100
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WOW! You guys are awesome. Here is what was attached to the summons listed as Exhibit A. It is two pages. The first page is an account statement and the second page is well, you tell me???

EXHIBIT A

CAF, LLC

Street

GR, MI xxxxx

Account Statement

Original Issuer: Ch@se B@nk

Unpaid Balance as of current date: $10K

Me

My address

My city and zip

Account # XXXXXXXXXXXXXXXX

This statement was prepared by CAF, based on the business records furnished by Ch@se B@nk

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

***** PAGE 2 *****

STATE OF MI )

) SS

COUNTY OF Kxxx )

CAF

Plaintiff,

Me

Defendant(s).

I solemnly affirm under penalties of perjury:

1. That I, Am@nd@ M@K@ndry, am Manager of the Plaintiff herein and am competent to testify to the matters stated herein, which are made on my personal knowledge of the books and records of CAF and are true and correct.

2. That Plaintiff is the assignee of Defendant's debt originally owed to Ch@se Bank on account number(s) XXXXXXXXXXXXXXXX, and that Plaintiff, having purchased these debt(s), is the owner of the debt and is the proper party to bring this action.

3. That the Plaintiff maintains regular books and records of account in the ordinary course of business, and that I supervise the keeping of such books and records. The Plaintiffs books and records include account information provided by the original creditor to any intervening assignees, as well as entries made by the Plaintiff in the ordinary course of business.

4. I am familiar with the Plaintiffs books and records maintained in regard to the Defendant's account. The Plaintiffs books and records indicate that Defendant(s) are indebted to Plaintiff in the amount of $10k, inclusive of interest through recent date.

5. That Plaintiffs books and records, including information provided by the original creditor to any intervening assignees, indicate that account number XXXXXXXXXXXXXXXX was opened on XXX date in 2004 and the last payment was posted to this account on XXX date, 2009.

Dated this date , 2011

Affiant ___"signature"___

Subscribed and sworn to before me this date, 2011.

___"signature"___

Notary lady's name, Notary Public

K County, Mi

My commission expires: a future date

II-6I693 P6

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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The 2nd page is an affidavit from a CAF employee attesting that they bought the account, that you owe the money, and that everything they've claimed is true.

2. That Plaintiff is the assignee of Defendant's debt originally owed to Ch@se Bank on account number(s) XXXXXXXXXXXXXXXX, and that Plaintiff, having purchased these debt(s), is the owner of the debt and is the proper party to bring this action.

Where's the proof supporting this paragraph? Have they provided a bill of sale with your name and the account number? You should ask for a bill of sale in discovery.

3. That the Plaintiff maintains regular books and records of account in the ordinary course of business, and that I supervise the keeping of such books and records. The Plaintiffs books and records include account information provided by the original creditor to any intervening assignees, as well as entries made by the Plaintiff in the ordinary course of business.

CAF has books and records that they maintain. The affiant supposedly takes care of them. Then he/she states "the books and records include account information provided by the original creditor to any intervening assignees". First, what info was provided by the OC? So far, they've offered no documentation from the OC. Second, intervening assignees? Is it possible the account has been sold more than once and there were other owners/assignees? The bill of sale would answer that question.

4. I am familiar with the Plaintiffs books and records maintained in regard to the Defendant's account. The Plaintiffs books and records indicate that Defendant(s) are indebted to Plaintiff in the amount of $10k, inclusive of interest through recent date.

Again, what proof do they have that their books and records are correct? They have to show something from the OC to prove the amount they're claiming.

5. That Plaintiffs books and records, including information provided by the original creditor to any intervening assignees, indicate that account number XXXXXXXXXXXXXXXX was opened on XXX date in 2004 and the last payment was posted to this account on XXX date, 2009.

What I stated about #4 applies to this one, as well. In addition, they're claiming the last payment was made in 2009. They need to show where they got that information, and they need to prove that date of last payment.

So far, all they've offered is there word. They've offered nothing from the OC to back up and support their word.

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BV,

That is why I have doubts being this is the second JDB owning the debt, what documentation do they really have?

It is rare that the initial JDB has 20 statements, which means they must have paid a decent penny for the account. Once it is sold, the OC wipes their hands of the account and debt.

Next, Where did they come up with this magical amount owed and the 13% they are claiming. What interest rate does Chase stipulate on default accounts, I am sure it is much higher than 13%. How long ago did Chase sell the debt? The longer removed from Chase, the harder it is to prove the claims they are making.

The affidavit, the affiant is basing their statements on the books and records of the JDB, given this is the second JDB and this person has no personal knowledge of Chase's books and records as well as the 1st JDB's books and records...What records are they referring to that gets them to the amount they are claiming?

Subpoena the affiant if they do not dismiss before trial. All they will most likely have are a few account statements and a prayer for relief.

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bmc,

You know, before I posted the last time, I saw where the account was sold first to Global and then to Capital. I left the computer for a few minutes, then by the time I got back to the computer, I totally forgot about about the fact that there was more than one JDB. :shock: <sigh>

It will be interesting to see what they provide in discovery.

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Either way, the affidavit makes excellent toilet paper. Nothing like a plaintiff testifying to the veracity of the documents he produced in order to sue you. Wish I could do that. I'd sue Coltfan tomorrow and produce an affidavit that says I own his TV, then I'd take it away from him so he couldn't watch any more football games. That would have as much validity as what this JDB produced. If Chase is the OC, you have a 3 yr SOL based on Delaware law.

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If Chase is the OC, you have a 3 yr SOL based on Delaware law.

Legal: In Michigan, SOL is considered to be procedual in nature. Michigan will use it's own SOL (6 years) in a proceural dispute.

MIFighter: Just keep hammering at that affidavit and it's lack of personal knowledge as BV80 suggests....... it'll make those stacks of statements they'll send you go away. Then you can attack their lack of standing.

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You can argue procedural vs. substantive. Michigan has no interest at stake here, there is no legal reason for them to set aside terms of a private agreement to which both parties willingly assented, in fact, demanded. The only reason the creditor will invoke the longer SOL is because they were too stupid to file their case on time, now they want to disregard the terms of the agreement they insisted you adhere to. Okay, let's disregard the part that says I have to pay 30 percent interest. No? Gee, I wonder why not.

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Does it matter that on CAF's account statement they do not mention that they bought it from Global, not Ch@se? And only state the Ch@se was the Original Issuer?

JURISDICTIONAL ALLEGATIONS

1. Plaintiff is the assignee of Defendant's account(s) from Ch@se. The account(s) was/were assigned from Ch@se to Glob@l Accept@nce CC, to C@pital Alli@nce Fin@ncial, LLC, the Plaintiff.

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Does it matter that on CAF's account statement they do not mention that they bought it from Global, not Ch@se? And only state the Ch@se was the Original Issuer?

JURISDICTIONAL ALLEGATIONS

1. Plaintiff is the assignee of Defendant's account(s) from Ch@se. The account(s) was/were assigned from Ch@se to Glob@l Accept@nce CC, to C@pital Alli@nce Fin@ncial, LLC, the Plaintiff.

That doesn't really make a difference. They stated it in the Complaint.

Edited by BV80
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Just a curious question... am I off base here, but isn't the "Debt Collector" in this case CAF? I'm questioning the oddity that a "legal firm" (in this case Slimeball & Sleazy) would include on their correspondence the standard line required by FDCPA, "This communication is from a debt collector. We are attempting to collect a debt and any information obtained will be used for that purpose." Who is the debt collector? CAF or S&S or both? Is it standard practice for a plaintiff's lawyer/firm to include the FDCPA verbage?

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Just a curious question... am I off base here, but isn't the "Debt Collector" in this case CAF? I'm questioning the oddity that a "legal firm" (in this case Slimeball & Sleazy) would include on their correspondence the standard line required by FDCPA, "This communication is from a debt collector. We are attempting to collect a debt and any information obtained will be used for that purpose." Who is the debt collector? CAF or S&S or both? Is it standard practice for a plaintiff's lawyer/firm to include the FDCPA verbage?

Attorneys who collect debts as a part of their business are debt collection attorneys and liable under the FDCPA. That's why the law firm included the FDCPA disclosure. JDBs can hire debt collection attorneys.

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Someone mentioned that they thought when Slimeball & Sleazy sent the stack of statements to me and asked me to contact them after the suit was started that they were in violation of FDCPA by contacting me; I just thought it was wierd that Slimeball & Sleazy sent me the statements instead of CAF. But I guess seeing as how S&S actually owns CAF, it really doesn't matter.

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