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not sure how to respond to this charge in my summons


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It says the original creditor was CHASE BANK USA, N.A. HERITAGE BANK, ACCOUNT NUMBER XXXXXXXXXXXX2640. The complaint has a lot of things that don't sound like charges like The plaintiff has referred this matter to local counsel to pursue collection on its behalf in the state of new mexico.

Thanks for any help

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What in the world are you talking about. What is your specific question.

Post exactly, word for word (take out your personal information and round off the dollar amounts) the complaint.

Are you saying it's a Chase debt but now somebody else is suing you for the debt?

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What in the world are you talking about. What is your specific question.

Post exactly, word for word (take out your personal information and round off the dollar amounts) the complaint.

Are you saying it's a Chase debt but now somebody else is suing you for the debt?

sorry this is my first time being sued and this is all brand new to me. I was told that I needed to respond to each paragraph on the summons. I am being sued by Midland Credit Management that bought a debt from Chase it says

4. The original creditor was CHASE BANK USA, N.A. HERITAGE BANK, ACCOUNT NUMBER XXXXXXXXXXXXXXXX

The other one says

6. The plaintiff has referred this matter to local counsel to pursue collection on its behalf in the state of

Just trying to get advice on how to respond to these paragraphs

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Just trying to get advice on how to respond to these paragraphs
Post exactly, word for word (take out your personal information and round off the dollar amounts) the complaint.

When dealing with a legal document, one or two words can change the whole case or strategy.

For example, if a law says the court can or the court shall. Using shall and not can sometimes means the difference in 25 years in prison or a fine and probation.

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Ok here is the complaint

1. The Defendant (name) resides at (address)

2. Defendant obtained an account (See Affidavit, Exhibit A)

3. The original creditor was CHASE BANK USA, N.A. HERITAGE BANK ONE account number XXXXXXXXXXXXXXXX

4. The Plaintiff has referred this matter to local counsel to pursue collection on its behalf in the state of

5. Interest was assessed against any balance owed from the day of its inception of the debt

6. The Defendant despite demand has failed to make payments as required (see Affidavit, Exhibit A)

7. The balance is 2500 plus accrued interest (see affidavit, Exhibit a)

8. The Plaintiff is entitled to recover pre- judgment interest from the date was incurred at the contract rate

9.Plaintiff may be entitled to recover its reasonable attorney fees and costs as a result of having initiate this action

10. The Defendant has breached the account agreement and is liable pursuant to the agreement and/or the doctrine of account stated

11. This is an attempt to collect a debt and any information obtained shall be used for that purpose. This communication is from a debt collector.

Hope this helps. Any help is greatly appreciated.

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So what is your specific question? How to answer 4 and 6 ?

If so,

4. Defendant is without sufficient knowledge or proof to admit or deny the allegation. Therefore, the defendant denies.

# 6, what does the affidavit say. You can give the general details they are all pretty much the same. What party is the affidavit from, Midland or the original creditor?

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So what is your specific question? How to answer 4 and 6 ?

If so,

4. Defendant is without sufficient knowledge or proof to admit or deny the allegation. Therefore, the defendant denies.

# 6, what does the affidavit say. You can give the general details they are all pretty much the same. What party is the affidavit from, Midland or the original creditor?

The affidavit is from Midland it is the same one everyone gets (from my research on the summons) a notarized document that someone named susan who works for MCM and that I owe this money and failed to pay them. The other odd thing is that a monthly statement attached from Chase that is dated may of 2010 but the account was closed in 2006

Edited by dmesa66
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Okay the typical we are going to authenticate our own records b.s.

6. Denied

or

6. Plaintiff has provided no evidence attached to the complaint which is from the original creditor showing how the amount being demanded was calculated or Plaintiff is even the legal owner of the alleged account. Furthermore, Defendant is without sufficient knowledge to admit or deny the allegation, therefore the allegation is denied.

You will have to check your court rules. See if you can use the very simple denied (called a general denial where you basically just do a blanket denial of everything they are alleging). If so I'd use that. If you have to explain your denial then you can use the long drawn out version. It just varies from state to state.

How are you answering allegation number 2 ?

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Okay the typical we are going to authenticate our own records b.s.

6. Denied

or

6. Plaintiff has provided no evidence attached to the complaint which is from the original creditor showing how the amount being demanded was calculated or Plaintiff is even the legal owner of the alleged account. Furthermore, Defendant is without sufficient knowledge to admit or deny the allegation, therefore the allegation is denied.

You will have to check your court rules. See if you can use the very simple denied (called a general denial where you basically just do a blanket denial of everything they are alleging). If so I'd use that. If you have to explain your denial then you can use the long drawn out version. It just varies from state to state.

How are you answering allegation number 2 ?

The way I answered #2 was

Defendant denies this on grounds that it is vague, ambiguous, and unintelligible and the defendant has to speculate the meaning of "an account"

again not sure how to do this but in comparison to other complaints I have read this one seems really suspect

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The way I answered #2 was

Defendant denies this on grounds that it is vague, ambiguous, and unintelligible and the defendant has to speculate the meaning of "an account"

again not sure how to do this but in comparison to other complaints I have read this one seems really suspect

I don't think #2 is vague and ambiguous. You're being sued for a particular credit card account. The allegation refers to the affidavit which probably gives the account number.

You stated they provided a copy of a cc statement. Does it show any charges or payments that would make the account recognizable to you? If not, I'd answer:

Defendant is without sufficient knowledge to admit or deny the allegation, therefore the allegation is denied.

You also stated the account was closed in 2006, but the statement is from 2010. Did you make payments after 2006?

Also, look at Chase's entry on your credit report and check the date showing the last time they updated the account. That would usually be the "date reported" or "date last reported". That would tell you when Chase sold the account.

Since the JDB provided a 2010 statement, Chase should have still been reporting and updating at the date given on that statement.

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You're mixing up answering interrogatories and other discovery with answering a lawsuit. There lawsuit is the run of the mill suit that is filed thousands and thousands of times a year by these clowns.

They are full of garbage but their complaint is not ambiguous, and unintelligible. It clearly lays out what they are alleging. Again they are full of it, but there is nothing wrong with their complaint unless there is some procedural error or something needs to be attached to the complaint that was not.

On answer number 2, might I suggest.

Standing is a matter of law and for the trier of the facts to decide, therefore no response is necessary. However, to the extent a response is necessary, the Defendant denies the allegations.

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So post that and everyone take a deep breath and slowly let it out. By the way welcome to CIC. If it sounds snarky it is peoples way to try to get the info quickly because we know it takes people a while to get to CIC and the time to answer is ticking.

I will look up NM procedure and post some links for you. I will look in my "bag of tricks"(not a felix the cat reference, ok maybe it is) and see what I have that may help.

We have to see the exact wording because you may be able to file different pleadings like Motion for more definite statement, or such.

Do not get discouraged we help others all the time.

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I don't think #2 is vague and ambiguous. You're being sued for a particular credit card account. The allegation refers to the affidavit which probably gives the account number.

You stated they provided a copy of a cc statement. Does it show any charges or payments that would make the account recognizable to you? If not, I'd answer:

Defendant is without sufficient knowledge to admit or deny the allegation, therefore the allegation is denied.

You also stated the account was closed in 2006, but the statement is from 2010. Did you make payments after 2006?

Also, look at Chase's entry on your credit report and check the date showing the last time they updated the account. That would usually be the "date reported" or "date last reported". That would tell you when Chase sold the account.

Since the JDB provided a 2010 statement, Chase should have still been reporting and updating at the date given on that statement.

Checked my credit report and it says I was making payments until 10/09 but when I called chase two days ago they said there was no activity on it since 2006 when it was closed. I am going nuts the more and more I find out about how credit card companies and credit collectors do business the more shocked and frustrated I get

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The rules that you NEED to know can be found here:

New Mexico Compilation Commission - Search Statutes, Rules and Decisions

The rules of civil procedure are called NMRA and the statutes are called NMSA 1978. The site uses frames to navigate, so you'll have to deal with that.

Also, if you are in the 2nd judicial district, you'll need to go through LR2-603 NMRA and understand it. The court will send you a copy if you are in that district. The 3rd district may or may not have something similar.

I would also reccommend learning Rule 1-100 NMRA. It never hurts to have your documents look more professional than the attorneys.

That being said, you're dealing with F&S. They file far too many cases to be even remotely diligent. Midland uses them exclusively here. They filed roughly 1300 cases on behalf of Midland alone last year, and Midland isn't even their biggest client. They will try to pull shenanigans with you too.

EDIT: Did you save every last dunning and "settlement" letter the attorneys sent you?

Edited by usagi555
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The rules of civil procedure are called NMRA and the statutes are called NMSA 1978. The site uses frames to navigate, so you'll have to deal with that.

Also, if you are in the 2nd judicial district, you'll need to go through LR2-603 NMRA and understand it. The court will send you a copy if you are in that district. The 3rd district may or may not have something similar.

I would also reccommend learning Rule 1-100 NMRA. It never hurts to have your documents look more professional than the attorneys.

That being said, you're dealing with F&S. They file far too many cases to be even remotely diligent. Midland uses them exclusively here. They filed roughly 1300 cases on behalf of Midland alone last year, and Midland isn't even their biggest client. They will try to pull shenanigans with you too.

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The rules of civil procedure are called NMRA and the statutes are called NMSA 1978. The site uses frames to navigate, so you'll have to deal with that.

Also, if you are in the 2nd judicial district, you'll need to go through LR2-603 NMRA and understand it. The court will send you a copy if you are in that district. The 3rd district may or may not have something similar.

I would also reccommend learning Rule 1-100 NMRA. It never hurts to have your documents look more professional than the attorneys.

That being said, you're dealing with F&S. They file far too many cases to be even remotely diligent. Midland uses them exclusively here. They filed roughly 1300 cases on behalf of Midland alone last year, and Midland isn't even their biggest client. They will try to pull shenanigans with you too.

I am in the 13th judicial district if that means anything. And what do you mean by shenanigans

Sandoval. Hmpfff. I'm not sure what their civil judges are like. I figured as much with your name having mesa in it though :)++ And by shananigans, I mean that they'll outright lie to you.

I sent discovery requests to them, and among those discovery requests were document requests asking for pretty much the most damning possible evidence that cold be provided in a CC case. 2 weeks later, I get a call telling me that the document requests and requests for admissions were ready, but they wanted an extension on the interrogatories. They were fishing for a blanket extension to place everything past a date where they would have been necessary for me to have them. I granted the extension for the interrogatories only, and not the extension that they wanted at that. Then, another 2 weeks later, I get a call asking for an extension on the document requests because they didn't have any evidence. Then, I received some very deficient responses to my interrogatories after I would have needed them, except that they had asked for a continuance the day before.

If they have any evidence, they might just put it in your mailbox to intimidate you. Don't worry, it'll all be hearsay and inadmissable, but only if you properly object to it. A debt collector attorney's job is more than half intimidation. Watchout for their attorney JG. He'll act compassionate while he's twisting the knife in your gut.

This is who you are dealing with: New Mexico Federal Jury Awards Individual $ 1.26 million for Compliance Violation - ACA International

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Sandoval. Hmpfff. I'm not sure what their civil judges are like. I figured as much with your name having mesa in it though : And by shananigans, I mean that they'll outright lie to you.

I sent discovery requests to them, and among those discovery requests were document requests asking for pretty much the most damning possible evidence that cold be provided in a CC case. 2 weeks later, I get a call telling me that the document requests and requests for admissions were ready, but they wanted an extension on the interrogatories. They were fishing for a blanket extension to place everything past a date where they would have been necessary for me to have them. I granted the extension for the interrogatories only, and not the extension that they wanted at that. Then, another 2 weeks later, I get a call asking for an extension on the document requests because they didn't have any evidence. Then, I received some very deficient responses to my interrogatories after I would have needed them, except that they had asked for a continuance the day before.

If they have any evidence, they might just put it in your mailbox to intimidate you. Don't worry, it'll all be hearsay and inadmissable, but only if you properly object to it. A debt collector attorney's job is more than half intimidation. Watchout for their attorney JG. He'll act compassionate while he's twisting the knife in your gut.

This is who you are dealing with: ]

So I should expect a court date with them. I was hoping they would drop it if I responded. I looked up their cases over the last year and most just end up in no shows who default. Did you get your case dismissed?

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So I should expect a court date with them. I was hoping they would drop it if I responded. I looked up their cases over the last year and most just end up in no shows who default. Did you get your case dismissed?

Yes I did. I did so by making it clear what I was ready to shove down their throats. Otherwise they are tenacious. I've talked to a few people who have beaten them badly enough to where they should have just walked away, but they kept on going. If they can't beat you with evidence, they'll try to wear you down. Keep a record of everything that they do. If they call you, record the phone call if you can. If you can't, take a picture of the caller id and immediatly make a log of what the call was about. Make sure that everything you send them that doesn't also go to the court is a copy and you keep the original. Save everything they send you.

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Checked my credit report and it says I was making payments until 10/09 but when I called chase two days ago they said there was no activity on it since 2006 when it was closed. I am going nuts the more and more I find out about how credit card companies and credit collectors do business the more shocked and frustrated I get

I'd get copies of my bank statements from 2009 to see if they show any payments. If they show you made payments, then the Chase rep was simply mistaken. If the statements don't show any payments, someone screwed up somewhere. In that case, I'd get copies of bank statements going further back.

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called chase two days ago they said there was no activity on it since 2006

If you can document this, they may have to eat this one. The SOL for Chase (Delaware) is 3 years. If they try to use yours, fight it. The cardholder agreement says DE law, it doesn't say "DE law unless we screw up and then we can use yours." You might want to send them an interrogatory or two asking what law applies and why.

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