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Equable Ascent Financial | Hanna |GA Suit


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Hey Guys,

First of all I want to thank you.

I have been following the forum the last month especialy(excuse me for the handler names) love Mustang, coltfan, legaleagel,BTO429.

Ok now I will post after this introduction. Please dont scream similar questions/similar answers. I promise I get it.

So we start with the complaint right?

Edited by FightingJ
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typically caption in the state court for the county of

state of georgia

going to abbrev ok guys:

EAF, LLC

assignee of Chase Bank (USA), N.A.

defendant name

complaint on credit card account

comes now statement above style action

1. Defendant resident of this county, is subject to this jurisdictiion of this court, can be served at this address.

2. D entered into a c c a with original creditor identified as c c a # ( a full number). d reced.....

3. d breached cca...left bal of $x

4. all rights and title to d c.c.a were legally assigned to Plaintiff in writing.

5. Despite demand by p....d failed to pay cca

6. D liable to P for the sum of $upteens + court costs

wherefore statement p demand judgement against d in the principal sum of $x, intereest of $.00 plus court cost $Amt

ok next tell you the story at least you got the outline

Edited by FightingJ
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I sent DV letters to the first collection agency (creditor interchange)

Collection agency was very nice with their automated letter that they received the dispute letter. (No follow up)

Next you know hanna was sending something disputed of course they did provided the allege oc Chase Bank, NA (WAMU) with an account # year established amount owed.

which i understand is the required info so did not follow up with anything else. Does it really matter Hanna going to sue anyway.

Suit filed earlier this year took months to be served.

I have continued to dispute it and the amt.

alleged account assigned to EAF

(thats what EAF says)

alleged defaulted based on hanna

------------------------

Edited by FightingJ
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So O.C.G.A has seemed to have changed since then (or maybe looking at different situation JBD)

I really like cant remember if Coltfans thread or LegalEagel or BTO.

Denying or admitting complaints with not asserting any affirmative defenses with this case. (i want to not produce anything, they have to produce)

So.

Complaint on Credit Account

The OCGA saids to had Defenses (is that required)

I was going to answer as follow:

1. Defendent admit to being a resident of this county(did not say assume go on caption) and can be served at the address..... Subject to jursidication of this court without knowledge or belief of therefore has to be determined (denied)

2. Dendent without knowledge or belief of averement therefore denied because vague with identify of the OC

3. Defendent without knowledge or belief of paragraph 3 of complaint therefore denied.

4. ""

5."" or (do i raise yes denied in part) the have demand but have not proven the assignment (or leave that a long)

6""

----------

So looks has if the OCGA code requires a defense. Do I just use burden of proof. just submit an answer.

also is there a way to not assert the affirmative defense right now but preserve the right based on the O.C.G.A code 9-11-12 (h)

Also the same effect with counterclaims that may come available after discovery.

At this point the way I see it the planitiff have demanded, attorney has done accordingly but have not provided anything to support there claim forthmore assignment to.

post so i will not lose (sorry i can be long winded)

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bottom line: i want to either admit in part with the exception of subject to jursidection which will need to be determined by the court.(i want to leave open if potential other laws apply favorable for me)

the remainder is amibgious or vague leaving the defendent to assume or interpert the meaning of the averment. therefore denied based on information and belief.

But i want to insure that i am to use later affirmative defenses and counterclaims (right now i have ideas but not certainty)

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So maybe this will get attention Equable Ascent Financial Closing in Buffalo Grove, IL:

Equable Ascent Financial closing in Buffalo Grove, laying off 131.

Really GUYs: I can't post the link to the article. With someone help:evil:

State of IL STATE OF ILLINOIS MONTHLY WARN ACTIVITY LISTING MONTH ...(Can I less PM or Send A message to enter in the this thread)

So how do I even know if EAF owns the alleged account?

Do anyone else knows the reason behind this?

There Principal Address is the Buffalo Grove, IL does that mean dissolution or merger or what?

However, State of IL has filed LLC as a Forgien LLC

which I guess it reference to the Delware filing but it to has it as a Forgien LLC (I think I have to check)

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Account stated: A statement, in writing, between a creditor (the person to whom money is owed) and a debtor (the person who owes) that a particular amount is owed to the creditor as of a certain date. Often the account stated is a bill, invoice or a summary of invoices, signed by the customer or sent to the customer who pays part or all of it without protest. In order for there to be an account stated, there must be a: (1) prior transaction between the parties which establishes a debtor-creditor relationship;

(2) an express or implied agreement between the parties as to the amount due; and

(3) an express or implied promise from the debtor to pay the amount due. Creditors often bring suit “on an account stated” for the advantage it gives them in the lawsuit. The defendant must give specific facts in the answer which dispute the account stated.

Plaintiff has not provided enough proof for the Defendant to determine the validity of the allegations. Defendant lacks sufficient information and neither

admits nor denies, but leaves the Plaintiff to its proofs.

Edited by BTO429
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Nothing attached BTO however OCGA does not require it since GA is not pleading state or something like that.

Alleged attorney can raddomnly file complaints based on the allege facts from plantiff or in law of suit as long they alleged do not mistake fact in addtion they are govern bar the gabar professional conduct.

Which they get to plead I did not know and was not intentional or, later that was what we discovered, client privilege (bs).... you get the point.

So no they did not. they are not required because they get to plead all the things above but the state of georgia putting in some changes that go in effect this year or currently has been passed by the state but wont go in to effect next year.

Which is some I going to inquire to on this thread in reference Sanctions

BTW: I guess there is no spell check. o boyxangelx

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Account stated: A statement, in writing, between a creditor (the person to whom money is owed) and a debtor (the person who owes) that a particular amount is owed to the creditor as of a certain date. Often the account stated is a bill, invoice or a summary of invoices, signed by the customer or sent to the customer who pays part or all of it without protest. In order for there to be an account stated, there must be a: (1) prior transaction between the parties which establishes a debtor-creditor relationship;

(2) an express or implied agreement between the parties as to the amount due; and

(3) an express or implied promise from the debtor to pay the amount due. Creditors often bring suit “on an account stated” for the advantage it gives them in the lawsuit. The defendant must give specific facts in the answer which dispute the account stated.

Plaintiff has not provided enough proof for the Defendant to determine the validity of the allegations. Defendant lacks sufficient information and neither

admits nor denies, but leaves the Plaintiff to its proofs.

Thanks. So just state all as a general denial for defense for the the complaint.

What if they present statements have i just completely ruined my one defense.

I know they have the burden of proof but major speculation that Fredrick Hanna friends with all "The Good Ole Boys" even part time judges, acting as attorney on the side signing complaints.

The state needs to shut him down. The attorney general tried and lost because he argued that he is governed by the GA bar not by the limited GA Consumer Procection

He admittly states they file 10,000 complaints/month in the state of GA; My2cents (knowingly it is all low hanging fruit on 80 to 90% of the case that just dont anwsered)

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EAF is a Delaware LLC...we can hold onto that for a bit...

The WAMU card was probably drawn up under the laws of Delaware whose SOL is 3 years. Also, the WAMU agreement has an arbitation clause too.

1ststep have you seen that about closing in IL. Do you know anything about it.

I suppose you contending that Delaware LLC will continue. I really do not understand though how a LLC can claim their principle address in IL when in fact it should be Delware.

I guess it is similar to banks; right.

I was hoping they were dissolving.

To be honest, I have been digging so much on the jdb industry find it very intriguing with all the same company inter webbed. Of course they are weeping; how it is with the states and federal gov. Fair business fair opportunity.

Create real opportunity with the funds they buy the debt by investing in future innovation and substainal jobs. I suppose that,s wishful thinking and certainly free market at play.

Sorry for the soapbox and certainly hope that the forum does construe as anything political.

Edited by FightingJ
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  • 1 month later...

The answer to the complaint was filed and I still have not received anything from them for Discovery which almost coming up in two months:

1. i want to send a defendent request to produce documents to Plantiff but see different request for the kitchen sink.

q: do i only want to request the documents the are going to use to support their claim.

2. Can the discovery request rogs and admission come later.

3. In addition I see @bto429 in another post was questioning the identiy of plaintiff

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You can be proactive and be the first to send discovery requests if you choose. Be sure to read your court's rules for discovery. They'll tell you if there's a limit as to how many requests you can send and whether they must all be sent at the same time.

I would ask for:

1. A bill of sale or assignment from the OC to the JDB

2. Copies of all billing statements issued on the alleged account evidencing all charges and payments allegedly made to the account.

3. A copy of the applicable cardmember agreement pertaining to the alleged account.

4. Copies of all documents Plaintiff intends to present at a hearing on this matter.

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I love coltfan, legaleagle

You are obviously a person of exceptional intelligence to make such a magnificent observation! LOL Don't forget the rest of the Dream Team: BV80, 1st Step, USAGI555, and the Gunny. A few others are struggling to make the roster. Long time no see. Where are ya, dude? Magistrate Court or higher? If it's Mag just stand in the parking lot on your hearing day and kill yourself. Same outcome, no hearing. Don't move to Michigan or Florida, same deal. Ammo might be cheaper, tho. Then again, the Gunny and I run a voluntary self elimination service involvimg your choice of demise. I am a demo expert, he is....well, a Marine DI. What else do you need to know. LOL Just kidding. We really don't shoot people. Not unless they deserve it, that is. Bring us up to speed and we'll teach you how to preserve your Buford T Justice case for appeal. That's probably your only option unless you can bribe the magistrate with a 55 gallon drum of Beefaroni. YUM!

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Dream Team: BV80, 1st Step, USAGI555, and the Gunny.

Ok legalegal. I promise no intent to leave anyone out.

All your jargon sometimes confuse me but here the update:

Answer was filed (I be vague of the date but is ontime)

It was Denied upon information and belief requesting fthe burden of proof

in addition straight to the denfense:

Defendent reserves the right perserve any defense, counterclaims and amend any answer during discovery

and complaint vague

The file has been sitting idle since I was expecting the planitff hitting out the gate,

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Sorry forget State Court of Georgia.

Still have 4 months for discovery based on rules(6). I certainly dont want them to win as a ploy with waiver of Discovery of the Alleged debt.

I am interest to know what documents they have to support their claim.

Also curious when can they amend their complaint on the alleged account

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You can be proactive and be the first to send discovery requests if you choose. Be sure to read your court's rules for discovery. They'll tell you if there's a limit as to how many requests you can send and whether they must all be sent at the same time.

I would ask for:

1. A bill of sale or assignment from the OC to the JDB

2. Copies of all billing statements issued on the alleged account evidencing all charges and payments allegedly made to the account.

3. A copy of the applicable cardmember agreement pertaining to the alleged account.

4. Copies of all documents Plaintiff intends to present at a hearing on this matter.

Thanks for the reply.

Should I send the rogs too or wait for the doc request.

I see most people since a bunch of pages. I want to make it short and sweet.

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Thanks for the reply.

Should I send the rogs too or wait for the doc request.

I see most people since a bunch of pages. I want to make it short and sweet.

See what your court rules allow. In my state, we can send rogs and admissions after receiving their response to a doc request. Not all courts allow that.

If you're allowed to send requests at different times, it just depends upon your preference.

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