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Being sued by GECapital Retail Bank, Farrell Seldin, Colorado


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I'm not sure if the lawyer owns the debt or not. The Plaintiff is GE Capital Retail. I have not contacted the lawyer.

This original debe was for medical expenses using the OC. I twice had a settlement agreement with OC, first for about $1600, the first payment unfortunately was returned by my bank, as I couldn't manage the large first payment they wanted. Then they called and offered a new settlement offer, for the amount that is being claimed in this lawsuit. BUT, they never attempted to debit my checking account. I never received any paperwork confirming either settlement agreement. I was having enough financial trouble that I didn't follow up. I know, bad mistake.

My worry is about the extra interest and fees that the CA will apparently be asking for, although they are not showing an amount. I would be happy to settle for the $2675 but not sure how to go about doing so.

The date on the papers I was served with is 3/13/12, the case was filed on 3/30/12, but I was not served until April, I don't recall the exact date.

Looking for advice on how to proceed. Thank you all.

Edited by havingabadyear
removed details, just in case they're watching...
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Whatever you do, put in an answer! Deny the allegations of the complaint. You will need some affirmative defenses. Serve teh lawyer adn send an original to teh court with proof you served the lawyer. If you simply call adn try to settle while your time to answer is running, they may take a default against you. So answer the complaint first.

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I'm not sure if Farrell and Seldin owns the debt or not. The Plaintiff is GE Capital Retail. I have not contacted F&S.

This original debe was for medical expenses using Care Credit. I twice had a settlement agreement with Care Credit, first for about $1600, the first payment unfortunately was returned by my bank, as I couldn't manage the large first payment they wanted. Then they called and offered a new settlement offer, for the amount that is being claimed in this lawsuit. BUT, they never attempted to debit my checking account. I never received any paperwork confirming either settlement agreement. I was having enough financial trouble that I didn't follow up. I know, bad mistake.

My worry is about the extra interest and fees that F&S will apparently be asking for, although they are not showing an amount. I would be happy to settle for the $2675 but not sure how to go about doing so.

The date on the papers I was served with is 3/13/12, the case was filed on 3/30/12, but I was not served until April, I don't recall the exact date.

Looking for advice on how to proceed. Thank you all.

F&S are clowns, but I seriously doubt they own the debt. They've done some naughty things, but I'm pretty sure that's a line they won't cross.

If you want to settle, you first need to respond. I would let them know that I'm preparing to defend vigorously, then send them discovery requests. I'd keep the pressure on them to answer the requests, and when they provide their typical non-answers and objections, that's when I'd hit them with the settlement offer, and I would admit nothing in the settlement offer other than I was offering it in the hopes of avoiding costly and stressful litigation.

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Whatever you do, put in an answer! Deny the allegations of the complaint. You will need some affirmative defenses. Serve teh lawyer adn send an original to teh court with proof you served the lawyer. If you simply call adn try to settle while your time to answer is running, they may take a default against you. So answer the complaint first.

What AD's would be appropriate here? Apparently they don't own the debt so I can't protest an 'agreement' between them and myself.

Their 'affidavit' has the total account balance that was charged off, completely different from what they're claiming, so not sure what influence that will have, if any.

What scares me most is they didn't name a dollar amount for interest and other fees, so I have no idea what they're going to attempt to nail me for.

I will of course file an answer, just not sure what AD's apply if any.

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F&S are clowns, but I seriously doubt they own the debt. They've done some naughty things, but I'm pretty sure that's a line they won't cross.

If you want to settle, you first need to respond. I would let them know that I'm preparing to defend vigorously, then send them discovery requests. I'd keep the pressure on them to answer the requests, and when they provide their typical non-answers and objections, that's when I'd hit them with the settlement offer, and I would admit nothing in the settlement offer other than I was offering it in the hopes of avoiding costly and stressful litigation.

Do you mean 'respond' by calling them, or by filing an answer? I'm planning to file to prevent immediate judgment against me.

I just don't know that I have anything to defend, other than being raped for interest and fees.

When will they disclose those amounts?

Would I make the offer at the pre-trial meeting?

thanks for the help, I have never done this before!

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Do you mean 'respond' by calling them, or by filing an answer? I'm planning to file to prevent immediate judgment against me.

I just don't know that I have anything to defend, other than being raped for interest and fees.

When will they disclose those amounts?

Would I make the offer at the pre-trial meeting?

thanks for the help, I have never done this before!

By filing an answer. Maybe they're a bit nicer than they used to be after getting slapped around a bit, but I'm pretty sure you'll get nowhere by calling them. They even used to (still do?) have a woman who would tell people her name was "Mrs Law" who would answer the phone. She would berate them for not paying their debts.

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By filing an answer. Maybe they're a bit nicer than they used to be after getting slapped around a bit, but I'm pretty sure you'll get nowhere by calling them. They even used to (still do?) have a woman who would tell people her name was "Mrs Law" who would answer the phone. She would berate them for not paying their debts.

Thank you.

Any ideas as to what to include in an answer?

I don't know what to put for an affirmative defense. My main goal at this time is to not be ruled against for an undisclosed amount!

Anyone else have any advice please??

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Thank you.

Any ideas as to what to include in an answer?

I don't know what to put for an affirmative defense. My main goal at this time is to not be ruled against for an undisclosed amount!

Anyone else have any advice please??

Myself and some others on here are of the opinion that if you don't understand what the affirmative defense means and you cannot make a sound legal argument as to why it applies to your case, you should not include it. Most of the time, there aren't any valid affirmative defenses on this kind of stuff. The most common one when there is a valid one is statute of limitations. When you get into the exceedingly rare case where some of the others would apply, you are almost certainly going to have a case where the other side's records are so bad that it doesn't get anywhere near that far anyway.

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How about arbitration? Sounds like the right amount to scare them off. Linda7 knows this best.

So, I would file an answer, agree with the basic complaints, i.e. my name and residence.

Then on #4 where they give the amount plus "additional fees" would I DENY, or should I say "the defendant does not have sufficient knowledge, etc..."?

Then just leave out any and all Affirmative Defenses?

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No, you would elect arbitration per the cardholder agreement. Don't get into litigation with these people, in some states that cancels your right to arbitration. ARB is very expensive for them, they won't pay it. Usually they dismiss for this amount. The process will be in the cardholder agreement. If you don't have one, look on line or here.

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No, you would elect arbitration per the cardholder agreement. Don't get into litigation with these people, in some states that cancels your right to arbitration. ARB is very expensive for them, they won't pay it. Usually they dismiss for this amount. The process will be in the cardholder agreement. If you don't have one, look on line or here.

I'll see if I can find a cardholder agreement. I don't think I have the original, as it was in 2004.

I hadn't heard of Arbitration before as an option. How do I go about doing that in Colorado? The summons court date is May 10, so I have just a little time.

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Reading a bit on arbitration, I don't feel very comfortable with pursuing that. I REALLY just want to settle on the $2675.61.

I tried calling them to feel it out, but got put on hold immediately and they never answered. Subsequent calls all got various holds, all with different messages.

If I do get through and arrange a settlement before the court summons date, how would that be handled?

Or is that a stupid idea and should I answer first.

Does anyone know the exact procedure of events in Colorado court? Yes I attempted to read it, but if someone could put it into laymans terms, it would help. i.e. following my filing of an answer, what happens next?

Thank you.

Edited by havingabadyear
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  • 1 month later...

The standards particularly significant to what evidence Plaintiff

must submit are the Business Records Exception, Evid.R. 803©(6), the

requirement for a witness’s personal knowledge, Evid.R. 602, proper

authentication of documents, Evid.R. 901 and Evid.R. 902, and submission

of originals, Evid.R. 1002. Read together, these rules require that:

1. Plaintiff produce competent witnesses with sufficient personal

knowledge to authenticate and lay the proper foundation for

the admission of hearsay materials, and

2. The admissible records be sufficient to carry Plaintiff’s

evidentiary burden.

The contract, if there is one, must be in writing. The Truth in

Lending Act at 15 U.S.C. § 1637(a) requires the essential terms of a credit

card account be disclosed in writing. In addition, creditors are required to

post on the internet “the written agreement between the creditor and the

consumer for each credit card account under an open-ended consumer

credit plan.” 15 U.S.C. § 1632(d)(1). Plaintiff’s attempt to proceed

without a written contract is tantamount to establishing Defendant’s

defense and claims under the Truth in Lending Act.

Even in the absence of federal law, Plaintiff cannot prove the basis

for any finance or interest charges, late fees and other charges, payment

due dates, or even whether Defendant breached an obligation, without a

contract. Consequently, someone with the requisite personal knowledge

must be able to identify the controlling contract and, in the absence of

Defendant’s signature, demonstrate what conduct demonstrated mutual

assent to the purported terms.

Turning to breach and damages, Plaintiff must have a competent

witness who can establish that each charge was authorized because the

Truth in Lending Act imposes that burden on Plaintiff. 15 U.S.C.

§ 1643(B).Evid.R. 803©(6),

Study the Colorado rules of civil procedure,federal rules of civil procedure,

Read,read,read,you can beat them,think how you want to bring your case to the court.you must show by preponderance of evidence that the plaintiff can not prove his case.read every pdf file that is like your case this will get you started.

Unreported Decisions | NCLC

Google Scholar

look up breach of contract or account stated what ever they said you did look up the case law for it from your state,or federal court.read all the pdfs see why people win and why they lose.It takes work to win.People will help just tell them what you need help on.

Edited by racecar
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Reading a bit on arbitration, I don't feel very comfortable with pursuing that. I REALLY just want to settle on the $2675.61.

I tried calling them to feel it out, but got put on hold immediately and they never answered. Subsequent calls all got various holds, all with different messages.

If I do get through and arrange a settlement before the court summons date, how would that be handled?

Or is that a stupid idea and should I answer first.

Does anyone know the exact procedure of events in Colorado court? Yes I attempted to read it, but if someone could put it into laymans terms, it would help. i.e. following my filing of an answer, what happens next?

Thank you.

Farrell & Seldin files tens of thousands of cases every year. An unconfirmed report is that they filed 950 in one day in your state, however I have been through the court records in my state where they also operate and that number is not in anyway impossible given their business model and how they do things here. (In fact, that number is very believable given how they operate.) They also send out tons of collection letters on their law firm letterhead which result in an unknown, but presumably very large, number of consumers settling without ever getting sued. They do far too much volume for the number of licensed attorneys that they employ. You are probably not going to get to talk to an attorney there unless you start playing hardball with them.

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http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/Proposed/Proposed%20new%20trial%20and%20appellate%20deadlines%20rules(1).pdf

in propria persona adj. acting on one's own behalf, generally used to identify a person who is acting as his/her own attorney in a lawsuit. The popular abbreviation is "in pro per." In the filed legal documents (pleadings), the party's name, address and telephone number are written where the name, address and telephone number of the attorney would normally be stated. The words "in propria persona" or "in pro per" are typed where normally it would say "attorney for plaintiff." Judges sometimes warn a party "in propria persona" of the old adage that "anyone who represents himself in court has a fool for a client and an a$$ for an attorney."Tell Coltsfan1972 or usagi that.

Edited by racecar
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  • 1 month later...

I go to court soon for the Pre-Trial Conference. I have prepared requests for Discovery and will file if need be.

Does anyone in Colorado have experience with F&S? Will they show up or call in? If so, have they prepared the Discovery documents?

I was basically forced into a judgment on my other case, as the 'lawyers' showed up with everything I would have asked for in Discovery. I had no case. This one, however, has some discrepancies that I'm hoping will work in my favor. Not optimistic, but if they sense I'm ready to fight it just a little, maybe they will settle for a reasonable amount.

Thanks for any input again.

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