legaleagle here's my R to P. Please look.

[backinthe50's]

SORRY, I don't know how to deleat all the stuff here. This thread went for a while. The Affirmative Defenses are 2 posts down.

I'll start from the beginning. It will probably take me a few posts to get all the info out here.

Thanks for looking.

Plaintiff: Midland Funding LLC successor in interest to Chase Bank USA

Law Firm: Spreechman & Assoc.

Amount sued for: Excess of $18k

Original Creditor: says they are sueing for Chase Bank but statements attached have Countrywide as the first owner then Chase.

How do you know you've been served: Sherrif delivered summons.

How served: Sherrif gave to spouse.

Service Legal: yes

Correspondence before suit: none that i know of

State/County: Florida/Washington

Last time paid: 05/09

SOL: Florida-5 yrs. DE (where Chase is) 3 yrs. Calif. (where Countrywide is (4 yrs.)

Status of case: I answered with Pro Se Notice of Appearance/Answer/Affirmatice Defenses/Certificate of Service. Midland filed for a Motion for phone mediation-sent a letter asking to settle out of court-sent a letter stating several dates the lawyer would be out of town-sent Reply to Affirmative Defenses. I am now replying to R to P/R for A/ and Interrogatorries

Have i disputed the debt w credit bureau or collecor? No-just in my reply after I got the Summons.

Did I request Debt Validation? No

How long to respond? this reply has 35 days

What evidence did they send? Attached 12 months of statements with-"this statement is a facsimile-Not an original"-printed on the bottom of some of the statements. First 4 statements are from Countrywide-next 5 from Chase and last 3 from Slate. All have the same return address on them. There are no acct. #s anywhere on any of them-blackened out.

Here is their complaint:

Jurisdictional nd factual Allegations:

1. This is an action for damages that exceed 15k.

2. Upon defendants request,Plaintiff or it's successor(s) established a credit card in the name of Defendant_____, and issued a CC to same Defendant(s).

3. Plaintiff is the successor in interest to CHASE BANK USA N.A. HERITAGE BANK ONE.

4. Plaintiff is the current owner of the credit account established in the defendants name and which is being sued in this complaint.

COUNT 1.

5. Plaintiff readopts and realleges the Jurisdictional and Factual allegations of the complaint.

6. This Count is pursuant to F.R.C.P. Form 1.936 approved by the Florida Supreme court.

7. Defendant_________owe(s) plaintiff (18k) est. that is due with interest since Nov 30, 2009, for money lent by Plaintiff to Defendant.

Wherefore, Plaintiff demands judgement against defendant_____for damages, plus court costs and interest.

Count !!

8. Plaintiff readopts and realleges the jurisdictional and factual allegations of this complaint.

9. This Count is pursuant to F.R.C.P. Form 1.933 approved by the Florida Supreme Court.

10. Before the institution of this action the Plaintiff and defendant________had business transactions between them and on Nov. 30,2009, they agreed to the resulting balance.

11. Plaintiff or its' successor(s) rendered a statement of it to Defendant__,a copy being attached, and the Defendant_______did not object to the statement.

12. Defendant_____owes Plaintiff 18k(est.) that is due since nov. 30, 2009.

Wherefore, plaintiff demands judgement for damages against defendant___for damages, including court costs, and such other relief as this court deems reasonible.

Count III

13. 14. 15. the same as 8. 9. and 12. and then same last statement as after 12.

My next post will be my Answer/Affirmative Defenses reply.

Edited March 26, 2012 by backinthe50's
new stuff

[backinthe50's]

1. ANSWER to the PLAINTIFF

Now comes Defendant, Pro Se, who denies the following paragraphs of Plaintiffs complaint. All answers correspond to the numbered paragraphs of the complaint. All allegations of the complaint are denied unless expressly admitted herein.

ANSWER TO JURISDICTIONAL AND FACTUAL ALLEGATIONS

2. Admit in part. I did have an account with Chase Bank. Deny in part. I have been presented no evidence that the account I had with Chase Bank is the same account as the debt alleged in this complaint. Plaintiff has provided no account numbers or documentation for alleged credit card debt.

3. Deny. Plaintiff has provided no evidence that they are the legal successor in interest to Chase bank.

4. Deny. Plaintiffs complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff.

Answer count II

7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

8. & 9. Did not answer.

Count II

10. 11. and 12. the same as 7.

13. and 14. Did not answer.

15. Same as 7.

[backinthe50's]

1. Midland Funding LLc has not proven that they are authorized and liscensed to collect claims for others in the State of Florida, or solicit the right to collect or receive payment of a claim of another.

2. midland Funding LLC has not proven they were retained by chase BankUSA as its successor in interest in this matter. plaintiff has not provided any account number to defendant for alleged debt.

3. plaintiffs complaint fails to allege a valid assignment and there are no averments as to the nature of purported assignment or evidence of valuable consideration.

4. plaintiffs complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported evidence was bona fide.

5. Plaintiffs complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it can not be assumed without creating an unfair prejudice against the Defendant.

6. the plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.

7. Plaintiffs complaint violates the Statues of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another.

8. Defendant alleges that Plaintiff is not entitled to reimbursement of attorney's fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.

9. Plaintiff failed to state a claim upon which relief can be granted. plaintiffs complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the defendant for which relief can be granted.

10. Plaintiff has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account.

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

12. Defendant claims Lack of Privity (although i had a typo and put Right of PRIVACY_LOL) as defendant has never entered into any contractual debtor/creditor arrangements with the Plaintiff.

13. Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiffs' injury to its own self, therefore Plaintiff is barred from seeking relief for damages.

14. Defendant reserves the right to submit counterclaims that may become applicable and/or availble at a later time, (for example, if a real party in interest is established for alleged debt) including, but not limited to, violation of the Federal Truth In Lending Act, the Fair Debt Collection practices Act and the Fair Credit Reporting Act.

15. Defendant reserves the right to amend and/or add Answers, Defenses and/or Counterclaims at a later date.

Oh Boy-I know I messed it up here.

Edited March 26, 2012 by backinthe50's
jump

[legaleagle]

Yeah, you are basically 0-14 here. The only one that stands a chance is standing to sue, which is for them to prove, not for you to disprove. They have to prove they own your account. Usually they can't do it.

[backinthe50's]

1. All billing statements received from Chase bank USA. N.A. Heritage bank one.

Answer: I have no knowledge of this alleged account and therefore can not submit any such documents.

2. All billing statements received by the Plaintiff.

Answer: Same

3. All cancelled checks evidencing payments by defendant to the plaintiff and/or Chase bank USA heritage bank one on the account in suit.

Answer: Same

4. All contracts, agreements, and memoranda of agreement between you and chase Bank USA N.A. Heritage bank one and/or the Plaintiff.

Answer: Same

5. All correspondence received by the Defendant from Chase Bank USA N.A. Heritage one and/or plaintiff

Answer: Same

6. All correspondence sent by the Defendant to chase bank USA, N.A. Heritage bank One and/or Plaintiff.

Answer: Same

7. Defendants entire file concerning the matter which is herein in controversy.

Answer: Same

8. Defendants count payable ledger or book or record, kept in the usual course of the Defendants' business, pertaining to the account of the Defendant with Plaintiff.

Answer: Same

9. Any written objections sent by the defendant to Chase bank USA N.A. Heritage bank One and/or the plaintiff regarding the exhibits to Complaint, if applicable.

Don't know how to answer. Is my reply in my Answer to the Plaintiff an objection?

10. Any written notifications sent by the Defendant to Chase bank USA N.A. Bank One and/or Plaintiff claiming any objections to charges to your account.

Answer: I have no knowledge of this alleged account and therefore can not submit any such documents.

11. All documents identified in the Interrogatorries files with this request to produce.

Don't know how to answer this.

12. All documents which would evidence why Defendant(s) failed to pay the debt as alleged in the complaint.

Answer: Same as 1.

13. All documents evidencing Defendants do not owe the money alleged by the Plaintiffs Complaint.

Answer: Same as 1.

14. All documents evidencing payments made by the Defendant(s) on this account.

Answer: Same as 1.

Request for Admission

1. You or your authorized representative applied to Chase Bank USA N.A. Heritage bank one for a credit card.

Answer-not sure here. I did already state that I had a Chase account but I have no evidence that this is the same account in my answer to Jurisdictional and factual Allegations reply. So, I'm going to say-Deny partially and Admit partially. I did have an account with Chase bank but no evidence has been presented showing this alleged account is the same account so therefore i haven't the knowledge to agree or disagree with this statement.

2. An account was established in your name and a credit card was issued to you.

I haven't the knowledge to agree or disagree with this statement as no account number has been provided for this alleged account.

3. You agreed to the terms and conditions of the written contract entitled cardmember Agreement.

I have no evidence or knowlegde that this alleged account is my debt so therefore I disagree.

4. You agree that you would be responsible for all charges made on your account in connection with all credit cards issued on your accout.

Answer: Same

5. Charges were incurred on your account in the sum of_____which remain unpaid.

Answer; Same

6. Demand has been made for the amount of_____by Credit and you have failed and refused and continue to fail and refuse to pay this amount or any sum what so ever.

Answer: Same

7.The exhibits attached to the complaint filed in this action are true documents which properly and correctly represents you or your authorized representive charges.

Don't know how to answer. Have 12 statements which say they are facsimilies and not the originals. this is all that is attached.

8. The charges described and the exhibits attached to the complaint filed in this action were made by you or your authorized designee.

Answer: Have no evidence or knowledge that this alleged debt is mine therefore I deny this statement.

9. You made no payments toward the reduction of the amounts due and oweing as stated on the exhibits attached to the complaint filed in this action.

Don't know-According to the statements there were 4 payments made-the first 4 so i don't know how to respond here.

10. You received all the credits for payments made by you that you were entitled to receive and that relate to the transactions complained of in plaintiffs complaint and exhibits attached thereto.

Answer; Same as 8.

11. You or your authorized representative received copies of the exhibits attached to the complaint filed in this action shortly after the dates on the same.

Answwer: Same as 8.

12. You did not object to the exhibits attached to the complaint filed in this action prior to the time payment was required to be made.

Answer: Same as 8 or maybe true????

13. You did not object to the exhibits attached to the complaint filed in this action prior to the time you were served with process in the case.

Answer: Same as 8 but maybe true???

14. You owe chase bank USA N.A. Heritage Bank One the unpaid balance due and owing according to the exhibit attached to the complaint filed in this action.

Answer: Same as 8.

15. Prior to the initiation of this lawsuit you received notification from the Plaintiff that the Plaintiff is now the owner of this account.

I have no knowledge of this notification.

16. You owe to the Chase bank USA N.A. Heritage Bank One the amount demanded in the complaint filed herein:

Answer: Same as 8.

17. You owe to the Plaintiff the amount demanded in the complaint filed herein.

Answer: Same as 8.

18. There were no objections to the charges made by you or your authorized designee.

Answer: Same as 8.

19. You have not paid in full the amount sued upon by the Plaintiff in this case.

Answer: Do i put true here?

20. You have not paid any portion of the amount sued upon by the plaintiff in this case.

Answer: True???

Next post is Interrogatories. These have me very confused though.

[backinthe50's]

These 12 Interrogatories are written with a space supplied for a reply. Am I to hand write these responses?

1. State name, business and home address and phone numbers of the person answering this.

Okay

Okay

Okay

2. If you claim that the charges billed to your account with chase bank USA Blabla are incorrect please state the practicality how much charges are incorrect.

Answer; I have no knowledge of this account.

3. If you take the position that the sum reflected in the exhibits to the complaint do not represent the outstanding charges owed by you please indicate what the charges were to be and who on behalf of with Chase bank USA BLabla and/or the Plaintiff so agreed to them.

Answer: Same as 2.

4. If you claim any defect or problem with the charges please state whether you notified the Plaintiff of such defect and if so please state.

Okay, here there are A.B.C. and D. Does my reply in the "Answer to the Plaintiff" qualify as a notification of a defect or a problem with the charges? If not can i just put here the same-I have no knowledge of this account or something like that?

5. If you objected to any of the exhibits attached to the complaint upon their receipt, please state.

I did not object unless questioning the validity of the account is an objection-don't know how to answer.

6. If you claim to have paid in full or in part the amount sued for in this case, please identify the date and manner of payment, and the recipient of the same.

Answer: I have no knowledge of this account.

7. If you have not paid in full for the obligation which is the subject matter of this action please state your reason for not paying in full the amount that plaintiff has claimed as being due.

Answer: I have received no evidence that this alleged debt belongs to me. I have received no account numbers, no bill of sale from Chase or Countrywide showing evidence that the Plaintiff is the owner of this alleged debt.

(I know there is a better way to say this stuff i'm just getting lost here and getting my posts mixed up.)

8. Please list each person known to you or your attorney who has personal knowledge of the matters involved in this law suit and as to each please state their name and home and business addresses and telephone numbers and relationship to the Defendants if any.

Answer: I think this is one of those cumbersome and not pertaining to the case statements but I don't know how to reply.

9. State the names, addresses and telephone numbers of each person who you intend to call as a witness at the trial of this case and provide a brief synopsis as to the anticipated testimoney of each.

Answer: Same thing-not sure what the appropriate response is althoughIi have read it here before.

10. With reference to each and every Affirmative defense you have stated state the factual basis for your defense.

Answer: Okay-I listed 15 Affirmative defenses. Now do I have to provide case law where it applies here and, if so, I am not that good.

11. With reference to each and every Affirmative defense you have stated state the date and description of any documents which would support the defense.

Answer: UGH!!!

12. With reference to each and every Affirmative defense you have stated identify all persons who have personal knowledge of the facts supporting the defense.

Answer: Does that mean world wide!!!LOL Don't know how to respond.

Well, this is where I am at now. If I get thru this part I'm not sure what to do next. I think I ask them for the same stuff. I know I have to shift the burden of proof back on them.

Really can't thank you enough. I see how many people you and some others here help everyone. I truly don't know how you do it all.

God Bless You my friend.

[Coltfan1972]

All of them other than standing are worthless but don't take my word for it on this one- 12. Defendant claims Lack of Privity (although i had a typo and put Right of PRIVACY_LOL) as defendant has never entered into any contractual debtor/creditor arrangements with the Plaintiff.

Read below how well that argument worked out for the lady in Tennessee.

http://www.creditinfocenter.com/forums/there-lawyer-house/312720-bad-tn-case-law.html#post1153989

[backinthe50's]

I want you to know that we have a meeting with a bankruptcy lawyer Tues. I know I have done this poorly and I have at least 7 more suits looming-too much for me. I have to file this last RP- RA and Interrogatories because even if the BK lawyer takes us it will be too late before we can file and these answers are due by next week. I know everything will go to the hold position after we file but I don't want or know if Midland will have time to ask for a judgement first, if I don't respond, as having a judgement removed in our bankruptcy will cost more. It may be a rediculous thought on my part but I'm thinking I should at least continue on with my filing even if it will become irrelevant because I'm not 100% sure we qualify for Chapter 7, there are a few hitches. So, in light of this, is there a possibilty I can muddle thru this without causing anymore irrepairable damage? I am still reading these posts and I see I can ask for my Affirmative defenses to be stricken but I'm not sure when I can do that. Can I amend them now?

I also saw how some of you people are trying to get together to post for us newbies some simple steps tp follow and, perhaps, starting the case with Standing. That would be a GREAT help for us. I got all of my Affirmative defenses from these posts so I'm sure others have too. I sure wish i had found that "standing" article first. I wouldn't have had but 2 Affirmative defenses.

Thanks again.

[Coltfan1972]

Oh if your BK (ING) it all away, then don't worry about it. File all those defenses. You will have bought yourself a ton of time. By the time the court and other side get around to them, you will have long nuked all this away.

[backinthe50's]

I have already filed those defenses. I have to file the next set of documents-RP/RA/INTERROGATORRIES. I posted the statements here with some responses I'm thinking of using. I kind of want to do this right as I'm not positive we can file BK-looks good but there are 2 issues-too much property and some 1099s' that didn't get filed with IRS. Just have an appt. with the attorney-the free counsel-nothing etched in stone. I was wondering the expected time frame if I didn't file these last documents. Would the Plaintiff have time to petition the court for a judgement before the bankruptcy case kicked in. My answers are due by Tues. and that's when the appt. is with the lawyer. We have alot of paperwork to get together and are working hard to have as much as possible before our appt. but some of it is not easily accessible and may take a few weeks to retrieve.

Thanks again for responding!!

[legaleagle]

The BK atty will tell you if you qualify. If not, you have to fight these credit card cases. You have to tell us what you want to do. We can't spend all this time showing you how to answer just to have you throw in the towel. We help fighters. Be advised BK is not something you just file for and get. You are asking for permission to file, and if the court determines you can pay off your debt you'll be dnied. Then the creditors can object, running up a huge legal bill for you. One poster here got a 41K bill from her BK attorney.

[backinthe50's]

Yes, I know these things. After all considered I just can't see me continueing to fight the 15 creditors looming in the background. My husband is so ill and I'm old. I know it is a possibility we could not get the bankruptcy, it is unlikely as we truly are destitute but-it could happen and I will have to fight these creditors. That is exactly why I wanted to continue on the course I'm on with this particular case. I already have 3 more collection letters for myself and 1 for my husband which I have sent DV letters. I am so afraid I will mess things up though and get judgements on our only property left. It is small and not worth much but some day I will have to sell it to place him in a nursing home. I will need that money then. If I only still had his old sharp mind back to discuss these matters with, that would be such a burden lifter.

Please understand-you are probably a bit younger than I and although I had a spark of "I can do this" a while back-after reviewing my Affirmative defenses and seeing how rediculous they were I realized I was probably in way over my head, even with all the help I would receive here. I certainly never intended for any of you to waste your time. I just made this decision after I reread my paperwork a few days ago. I only have an initial counseling session with this guy. I am still moving forward with this Midland case as I just don't have any solid answers right now to just stop doing what I'm doing. I can't sleep and my eyes burn with weariness from reading. I am probably the oldest person on here or close to it. Believe me Legaleagle, I was never a quitter but I am getting tired and I am so thankful for what you and Coltfan have done thus far.

Do you really think I can pull off 15 of these? I haven't even gotten thru this one and I'm making so many mistakes. I can just see me hobbling into the court room with hubby in a wheelchair-not a pretty picture.

Oh My-I didn't think I'd feel this way. I've become attached to you people apparantly as I am whelling up right now. I feel as though I have let you people down and I am so very sorry for that.

I will be filing my rp/ra/interrogatorries monday. Midland filed for a phone mediation and got it. It is scheduled for May 8th.

I could still use some help with these things but I understand it is not a very compelling case at this time, considering the route I may have to take. There are so many fighters on here. I am so very proud of you all!!

MAMABEAR

Edited March 24, 2012 by backinthe50's
spelling error

[GreenBean]

Backinthe50's -

You sound really worn out, scared and overwhelmed.... that is totally understandable! I feel the same way. I can relate to feeling like all of this information sort of blurs together after a while. I just started my case and I am scared to death. It sort of feels like things move way too fast to really process it all.

All I can really say is to take things one step at a time - give yourself breaks from reading and note taking and use all the resources available to you. Ask as many questions as you need to and keep asking in a new way if you don't understand. That is what I do and despite the annoyance I'm sure it creates I do have deep gratitude.

Do you have a younger friend or family member that will be discreet and help you sort through some of this? Can you enlarge the font on your screen so you can see better?

Good luck with your case! You can do this!

[legaleagle]

If you have Windows, hold down the control button on the keyboard (lower left side) and push the + button (it has an = sign under the + sign, both on the same button.) That will enlarge the entire screen for you. Considering your situation and the Florida laws, you may just want to let them get their judgments if they have no chance of collecting anything.

[legaleagle]

delete, duplicate entry

Edited March 24, 2012 by legaleagle

[nobk4me]

It is puzzling why they are suing you, if they are unlikely to get anything.

Usually, a case such as yours, a lot of debt spread across a lot of accounts, is a deterrent to their lawsuits. It seems to be a deterrent in my situation.

Is there anything on your credit reports that suggests they could collect? For example, if your Transunion report indicates employment, and that is no longer the case, you should file a correction that reflects your current situation.

The creditors are attracted to employment, meaning wages to garnish, the way flies are attracted to manure.

[backinthe50's]

First, thank-you greenbean for the boost. You youngins' keep it up. If you are younger than 30-you don't know this country-how good it could be again. It wasn't like this when we were young and we slowly watched in agony as this beautiful-free place became the unrecognizable place it has become. We lived a good life-got our chance to shine. Never thought it would come to this but-it has and we all must go on.

I do not have any young people to help me. We had to move 800 miles away from our town of 40 some years. Most of our relatives and close friends have passed. Some have children (we don't) but they are all in their 40s' or so-we know how hard it is at that stage of life trying to raise a family and get ahead. Just couldn't ask them for anything-they all have their own problems.

I don't, for the life of me, know what they think they are going to get from us. I pulled both our credit reports. It looks terrible. 15 CC accts charged off-10 sold or transfered-2 homes reposessed-that's just on mine. His has 5 CC all charged off-3 sold-2 homes reposessd and 200k in medical bills. The only good accts we have is Walmart and 3 other small store cards with 500 limit. The employment says nothing reported for 8 years. All I can think of is we bought this home but it was only 19k. As soon as it was recorded we started getting these collection letters. I would truly love for them to come see it-we don't even have indoor plumbing yet. I imagine we fell behind on several all at once so that may be some reason they are coming all at once. This particular one I am fighting really is an odd one though. We had alot going on at one point in our lives-alot of cards-loans-mortgages-lines of credit-but I truly do not remember this CC account with COUNTRYWIDE. It is not on our credit report anywhere that we opend a CC account with them. They held one of our mortgages. I see Midland and another JDB have checked our credit though and reported us late on their loans-I can't remember now if that is legel or not.

Thank-you legaleagle for the know how on the print-that will definately help. I was thinking to just let them get their judgements as well but I'm so confused now I can't recall if they can eventually get funds from the sale of the home later on down the road. I can't let that happen-I will not put my husband in a state run facility. I will sell peanuts along the road to pay for a decent place for him. We have had a good life together.

Thank-you all again and keep moving forward-your going in the right direction. God be with you all!!

[GreenBean]

I'm in my 30's, Backtothe50's... things are different from when I was a little girl.

I can't begin to advise you on your case but isn't property protected in Florida under some sort of homestead law? Do you have any sort of elder services or elder advocated in your area you can call for assistance?

It seems incredibly cruel to go after 2 elderly people, one wheelchair bound, who don't even have indoor plumbing. I know cruel and fair don't compute with JDB'ers but perhaps a local advocate of some sort can help?

And by all means use any programs available to you - I'm guessing you and your husband DID work for a very, very long time. Programs were designed to help people like you. There is no shame in getting help with food or other necessities. Do you belong to a church? If so perhaps the church leader can help you figure out what might be around to help you out. Go to Google and type your city/town plus keywords like "assistance" "programs" "community support" "elder support" and like key phrases you might find out about things you didn't even know existed.

[racecar]

Sometimes seniors face problems that they cannot resolve themselves. At these times, they often need legal assistance from a trained attorney. Not all seniors can afford their own attorney or even know where to turn to find one. A number of legal resources are available in Florida to help seniors with legal issues.

Senior Legal Helpline (1-888-895-7873)

The Senior Legal Helpline provides free legal advice and brief services by telephone to eligible Florida residents age 60 and older, for civil (not criminal) legal problems. The Senior Legal Helpline – 1-888-895-7873 – also provides solutions to seniors to help them resolve their legal problems, makes referrals to state and local regulatory agencies and, when it is determined that court representation is necessary, helps seniors find legal providers in their communities.

Eligible callers are scheduled for a free telephone consultation with an attorney or paralegal. Most callers will receive answers to their legal questions during the initial telephone appointment. Clients may also qualify for referrals to providers who offer free legal services in the clients’ local communities. These providers work in partnership with the Senior Legal Helpline and the Department of Elder Affairs to ensure that low-income and other vulnerable elderly Floridians have equal access to legal remedies.

To conduct the Senior Legal Helpline program around the state, the Department partners with Bay Area Legal Services, Inc., of Tampa. The helpline is available each weekday.

Legal Services Program without Income Eligibility Requirements

Title III of the Older Americans Act makes funds available specifically for legal assistance to the elderly. The Title III Legal Services provider for a particular area can be identified through the local Elder Helpline. Eligibility for these services is based on age, not income, so elders should provide their age if they call. Priorities are established on the types of legal matters handled.

[backinthe50's]

Thank-you, thank-you, thank-you Racecar. Calling in the morning. It's a new day for an old suit!

Hello Greenbean and I thank-you for your concern. I don't want to mislead you. My husband is not wheelchair bound-he still gets around here-even does some chores-swings a hammer every now and then-he just gets winded easily and I have to take the chair if we are going anywhere for a long period or will be standing or walking for a distance. It is his mind that I can't help. That is the worst thing about ageing in some of us. He was brillant in his day-in my eyes anyway.

Well, as you can see, Racecar has provided some valuable information here and I will be calling. We are receiving food stamps-$200 a month-it is a great help. I am on my 3rd attempt at applying for SSI for him. I just can't believe he has been turned down twice. I see people half his age with half his problems receiving help. I don't get it. Guess I should've started doing this earlier on but still had hope the economy would turn around and I could maintain some sort of income. Yes, it is hard for us older generation to apply for help-just weren't brought up that way. We live in a very rural area-not much happening around here and we are new people so asking for help is uncomfortable for me.

We're going to get thru this just fine. It will be whatever it will be and we'll deal with it!!

Thanks again both of you.

[GreenBean]

It can be tough to ask for help but in most cases assistance programs are designed for people who have worked and contribute and have hit a point where they need a helping hand. It's not so much a handout but a program to help people remain productive citizens while they work through whatever is causing them distress.

You can always "pay it forward" by volunteering 30 minutes a time per month in your community. You can pay "pay it forward" by assisting another senior citizen who might not know what is available to them.

Give the hot line a call that was posted to you. They might be able to give you some guidance with this debt suit AND help you figure out how to expedite the social security for your husband.

I've found even in the darkest of times there *is* hope and assistance if you just keep looking and plugging away. Warm wishes to you!

[legaleagle]

Consumer Tip: DEBTORS' RIGHTS IN FLORIDA

This will help you decide what to do.

[nobk4me]

This Countrywide credit card part is strange. Countrywide is/was a mortgage company. To the best of my knowledge, they did not issue credit cards. And I believe they were taken over by BofA, not Chase.

This sounds like a deficiency balance from a foreclosure.

If the JDB can't even describe the debt correctly, how can they prove their case?

And, for getting SSI for your husband, are you using an attorney? This is a situation where I would recommend an attorney, as these lawyers work completely on contigency and only collect if you win. They typically will take 25% of the first lump sum SSI payment.

An added bonus: the creditors can't touch SSI.

Edited March 25, 2012 by nobk4me

[backinthe50's]

bump

[nobk4me]

A follow-up on the credit report question:

If your credit reports showed employment 8 years ago, it's possible the creditors are assuming you are still working.

I would advise everyone who is unemployed, retired, and/or disabled, to write to the credit reporting agencies and tell them that.

You want your credit reports to explicitly state that you are unemployed, retired, or disabled. Translation to creditors: no money to collect here.