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Being sued by Main Street Aquisition Corp in PA


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1. Who is suing you? Main Street Aquisition Corp

2. For how much? $7664.38

3. Who is the original creditor? HSBC bank nevada

4. How do you know you are being sued? Sheriff served paper

5. How were you served? Were you served? Sheriff

6. What was your correspondence (if any) with the people suing you before you think you were being sued? no contact

7. Where do you live? PA

8. When is the last time you paid on this account? June 29, 2009

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). A complaint has been filed with the court house. Document says we've been sued in court and includes doc # that was verified by clerk's office. No court date has been set.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. no

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? Did not receive a questionnaire, but we are required to respond. The allegations are:

1. Plaintiff, Main Street Aquisition Corp is a debt buyer and successor...

2. At all times relevant hereto, the defendant(s) was the holder of the credit card...

3. Defendant accepted and used the aforesaid credit card so issued and by doing so agreed to perform the terms and conditions

4. The defendant received and accepted goods and merchandise....

5. All the credits to which the defendent is entitled have been applied...

6. Plaintiff has made demand upon the defendent...

7. Defendant's last payment on account was...

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? They attached an affidavit. No statements or signed contracts, just a signed and notarized affidavit from someone working for Main Street

14. What is the SOL on the debt? To find out: 4 years in PA.

I've done a lot of reading tonight and have gotten some kind of understanding, but I'm not sure if I should file an answer, or PO's, or both, or a discovery. Mainly because the only evidence they attached was the affidavit. No bill of sale, no statements, no signed contracts, and I have a strong feeling that they don't have any of the needed evidence to win this case. From everything I've been reading, they need to have evidence to prove the debt from 0$ to where it is, IE statements, they need to have proof they own the debt (doesn't this need to be attached?).

Also, I've been out of town for my job, and this had slipped my mind (I know, really bad), Sunday would be day 20. My other questions are, the courthouse isn't open on Saturdays or Sundays, so if I don't file Friday, May 4, then Monday would be 21 days. Do they go to a default judgement if you are one day over? or I've read online in various places that you're given an additional 10 days after the 20 before it's filed as a default judgement. Any advice on this? Do I need to file Friday, May 4th or would waiting until Monday be ok?

This is going to be in Montgomery County, Pa. Any help would be appreciated. Thanks in advance.

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File an answer this morning if not they will win a default judgement.

After reasonable investigation,Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment contained in paragraph(whatever number it is) therefore denies.

http://howappealing.law.com/RoskovAnswer.pdf

Its a strange case but all i could find on short notice,it has examples on how to make court header,answers,format to use.good luck

Edited by racecar
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I found the below:

On the other hand, when a summons is correctly served, the recipient has no choice but to answer. The respondent is usually given 20-30 days to file a response, depending on the specific rule of each state. The period is counted from the day the respondent received the summons. If the last day of the period of filing a response falls on a weekend or a holiday, the respondent can still file the response on the following day

So that would mean I have until Monday to file correct?

Edited by griffin99
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Filing one day late is one of those technicalities that never has any real effect on a case. You're dealing with idiots anyway, no JDB attorney watches his cases that closely, they file hundreds of them. I'm sure you'll be okay. With no information attached, you can safely deny the entire complaint.

"Defendant, for his response, states the following to paragraphs 1-7; (or however many there are) The plaintiff has attached no relevant documents which would serve to identify the account to which they refer. Therefore, based upon insufficient information, defendant denies any and all allegations of the complaint."

That's all you need to do right now. Next week we'll give you some requests for documents to send them, or just check my posts.

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I'm confused about a few things, and you've both been a great help so far and I really appreciate it.

The complaint has the 7 articles I listed, and they seem to be the standard 7 that is used in PA. My questions is: what do I deny and what do I admit? I've seen some posts saying to admit as being the holder of the card, or that the card was used, and I've seen other posts saying to deny those. If I deny those, and they produce a statement - would that cause me to automatically lose or look bad? I plan on denying point 1 - they've shown no proof they own the debt, denying point 5 which is what is listing the debt and amount, denying point 6 because I've had no previous contact with them, and denying point 7 and saying I'm without knowledge or sufficient information. My questions more pertain to points 2 thorugh 4.

Also, what strikes me as odd is in the affidavit, the affiant claims to have personal knowledge of the facts and circumstances in connection with this case. Unless I'm mis-reading this, doesn't said person work for the JDB meaning there is no way she would have personal knowledge of this since she was not there or part of the signing and as far as I can tell is not an employee of HSBC?

There is no statement, no account number, no listing of charges from 0 to what is currently due (just xxxx plus interest), no copy of a signed contract, no proof of anything other than affidavit having been signed saying she is an affiant for the plaintiff, having personal knowledge, plaintiff's files are maintained in the usual and ordinary course of business, this action is based on a breach of contract, saying the amount owed, and saying if called upon that they can testify.

I will admit, my law knowledge is limited, so I could be way off on a lot of these points, and welcome any advice.

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I'm confused about a few things, and you've both been a great help so far and I really appreciate it.

The complaint has the 7 articles I listed, and they seem to be the standard 7 that is used in PA. My questions is: what do I deny and what do I admit? I've seen some posts saying to admit as being the holder of the card, or that the card was used, and I've seen other posts saying to deny those. If I deny those, and they produce a statement - would that cause me to automatically lose or look bad? I plan on denying point 1 - they've shown no proof they own the debt, denying point 5 which is what is listing the debt and amount, denying point 6 because I've had no previous contact with them, and denying point 7 and saying I'm without knowledge or sufficient information. My questions more pertain to points 2 thorugh 4.

Also, what strikes me as odd is in the affidavit, the affiant claims to have personal knowledge of the facts and circumstances in connection with this case. Unless I'm mis-reading this, doesn't said person work for the JDB meaning there is no way she would have personal knowledge of this since she was not there or part of the signing and as far as I can tell is not an employee of HSBC?

There is no statement, no account number, no listing of charges from 0 to what is currently due (just xxxx plus interest), no copy of a signed contract, no proof of anything other than affidavit having been signed saying she is an affiant for the plaintiff, having personal knowledge, plaintiff's files are maintained in the usual and ordinary course of business, this action is based on a breach of contract, saying the amount owed, and saying if called upon that they can testify.

I will admit, my law knowledge is limited, so I could be way off on a lot of these points, and welcome any advice.

You would only admit if they presented evidence that you couldn't possibly deny.

Based on what you've stated (no account number, no credit card statements), you could use LegalEagle's response. Since they've given you nothing to go by, you don't have sufficient information to admit or deny. That's the truth. Therefore, you deny.

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Don't overthink this. The affidavit is garbage, I could do this to you to if I wanted to.

"Legaleagle is a legal spe******t and owner with Crapsucker Recovery. Legaleagle herein states that he purchased account number xxxxxxx1234 from the original creditor. The defendant was the original account holder. The amount owing is $xxxx. Leagaleagle has personal knowledge of Crapsucker Recovery's records. Legaleagle swears that Crapsucker's records are beyond reproach, and that defendant indeed owes $XXX."

Are you going to send me a check? I hope so, I can use the money.

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Thanks for all the help so far. It's very much appreciated. I filed all the papers yesterday at the court house, and then sent them by certified mail to Main Street today.

Was Main Street represented by counsel? You would have to send a copy to counsel.

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Sorry, mis-typed. I sent it to their counsel yesterday. Main Street didn't have an address listed anywhere, only their counsel did, and that's who I sent the papers to.

Good. Now that a lawsuit has commenced, you are supposed to communicate with Mainstreet through its council and not directly.

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  • 1 month later...

So I got a response back basically saying they deny everything that I wrote in my answer, and that the judge should grant them the money etc. Do I need to send anything back in response to this? or do I wait for the next part of the case to start?

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It's water under the bridge now, but for future reference, the first thing you want to do after notifying the court of your intention to defend is to send Preliminary Objections. JDB's never attach the required paperwork to credit card compaints.

Preliminary Objections;

1. Plaintiffs Complaint fails to conform to law or to rule of court, as Plaintiff failed to attach the Cardmember Agreement upon which the cause of action is based; Pa. R.C.P. Rule 1028(a)(2). Pa. R.C.P. Rule 1019(i) requires a party to attach a copy of a writing to its pleading when the cause of action alleged is based upon that writing.

2. Plaintiffs fails to conform to law or to rule of court, as Plaintiff failed to attach the assignment under which Plaintiff purportedly acquired its interest in this cause of action; Pa. R.C.P. Rule 2002(a) requires that all actions be prosecuted by and in the name of the real party in interest.

3 . Plaintiff's Complaint is insufficiently specific, as it fails to set forth any charges or payments made by Defendant that are alleged to comprise the balance claimed to be due. Pa. R.C.P. Rule 1028(a)(3) provides that any party to a pleading may file a preliminary objection to the pleading on the basis that the pleading is insufficiently specific. Rule 10 19(a) provides that the material facts upon which a cause of action or defense is based must be stated in a concise and summary form.

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Plaintiff's reply to new matter is what it's called. They denied all my points, and then ended it with WHEREFORE, Plaintiff demands damages against the defendant as set forth in plaintiff's Complaint.

Do I need to send anything back? They didn't list anything for me to argue against - all they did was deny my new matter points. They still haven't shown a single piece of any evidence relating to an account number or anything of the like.

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Plaintiff's reply to new matter is what it's called. They denied all my points, and then ended it with WHEREFORE, Plaintiff demands damages against the defendant as set forth in plaintiff's Complaint.

Do I need to send anything back? They didn't list anything for me to argue against - all they did was deny my new matter points. They still haven't shown a single piece of any evidence relating to an account number or anything of the like.

I'd say get discovery going so they can't blind side you with an MSJ.

Request for Production of Documents and Things

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

*This came from the one and only Legaleagle, and no, I didn't change a single word. LOL

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They denied your stuff, you denied theirs. Looks like it's time for a trial to resolve this, huh? They won't like that, guaranteed. Send the production of documents, (thanks for the post and saving me the trouble, paycut) then when they answer, send admissions for each item they did not produce. We'll show you how to do that later. They probably won't send much, prob a couple of copies of credit card statements, a bill of sale, and an affidavit made by them swearing that their own records are true. (worthless)

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