frosted1

Asset Acceptance going for the jugular. Need Help!!

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You want to object based on relevancy, undue burden, etc.

 

You misunderstand what I said about disability. Permanently disabled does not mean total. I have several disabilities from my military service that are not curable and therefore are permanent. If your condition is something that is not temporary in nature use the word permanent, if they read into it that it is total, that is their fault.

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Mr KentWA,

 

Sorry it took me so long to reply.  Rough day with the stomach and my computer decided to quit for awhile.  Finally got it back together.

 

Gotcha on the "permanent" philosophy.  Thanks for the good advice! I'll keep that in mind from now on.

 

I was able to get a response filed to the attorney's Statement of Discovery Issues.  Just hope it is sufficient to stave off any action by the court to compel me to produce the bank records.  I've attached my response for your perusal.  I would be grateful if you could look at it and tell me if I'm at least working in the right direction.  Also, could you review the attachment I posted on July 30th, (Third Judicial Court Doc) and let me know if I need to change anything and if I've covered all that I should.

 

 I'm working on the Amended Answer today, hopefully be able to mail it off this afternoon.  I'm also trying to get the SOL and security deposit letters finalized. I'm hoping my computer holds out.  I figure if I can bombard them with all these different things at once, it will keep them busy enough to get off my back a bit until I can get my head back on straight.  

 

Again, I have to say, thanks to you all!   I've learned more in the last couple of weeks than I've learned in the last few years.  It's been a real challenge, but I'm feeling more like I can get through this now than I did even a few days ago.  Not only have you given me great advice and direction, but you've also instilled new hope into me.  I'm very grateful for that.  

CICinfoTHIRD DISTRICT JUDICIAL COURT.docx

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Question on SOL in Utah.  

 

I'm trying to get this letter ready to send to the attorney.  The attorney represents a JDB.  The OC in this case is Bank of America which is a Delaware corporation.  Their cc agreement states that Delaware law rules. I am aware that Utah has a time-barred statute, that this statute allows for Delaware law to prevail, making the Sol 3 years as opposed to Utah's 4 year limitation.  Am I correct in my understanding?  Do I point out to the attorney in my letter and quote the statute to them?  Do I send a copy to the Court as well?

 

Sorry to be so dense here, but I hope somebody can straighten me out here.

 

Thanks for your consideration and any help that might be given!

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Not sure if I did something wrong or not.  I haven't had a response to any of my last few questions.  I attached some files.  Were they not readable?  Or was I not supposed to do that?

 

I'm trying to get this letter ready to send to the attorney.  The attorney represents the JDB, Asset Acceptance LLC.  The OC in this case is Bank of Americaj which is a Delaware corporation.  Their online cc agreement states that Delaware law rules. I am under the impression that Utah has a time-barred statute, that this statute allows for Delaware law to prevail, making the Sol 3 years as opposed to Utah's 4 year limitation.  Am I correct in my understanding?  Do I point this out to the attorney in my letter and quote the statute to them?  Do I send a copy of the letter to the Court as well?

 

Sorry to be so dense here, but I hope somebody can straighten me out here.

 

Thanks for your consideration and any help that might be given!

 

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I'm not from Utah so I don't know how you assert this, but here are the relevant items. In Arkansas it would be an affirmative defense asserted with the Answer. Without knowing your rules, I would think you can Motion to Dismiss citing the below rule and the Delaware code. I would attempt to find some case law in Utah to support it.

 

Borrowing Statute.

78B-2-103.   Action barred in another state barred in Utah.

            A cause of action which arises in another jurisdiction, and which is not actionable in the other jurisdiction by reason of the lapse of time, may not be pursued in this state, unless the cause of action is held by a citizen of this state who has held the cause of action from the time it accrued.

 

 

Delaware code

Delaware Code Title 10, Chapter 81, § 8106 Actions subject to 3-year limitation.

(a) No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in the nature of debit and credit between parties arising out of contractual or fiduciary relations, no action based on a promise, no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action; subject, however, to the provisions of §§ 8108-8110, 8119 and 8127 of this title.

 

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I would leave out this part in your answer. "Defendant leaves the Plaintiff to provide proof. Defendant demands strict proof thereof."

 

number allegations 5 and 6 you would not object, only deny, and just state that it draws for a legal conclusion.

 

Take out your eighth affirmative defense

 

The problem with having a ton of affirmative defenses is if you list them, the burden of proof falls on you.  Except standing, ans SOL, so be sure and have your ducks in a row.

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Thanks so much to all of you for your great responses and the help i've needed to understand this legal process better.  You are a tremendous asset to us all.  I've never read so much in my life, but I've got to say, it's been extremely interesting and very enlightening as to how one can combat this plague of parasites from our society.

 

I do have one question... does anyone know where and how to get hold of old credit card terms and agreements forms.  The attorneys sent a partial one with their "Plaintiff's Initial Disclosures", but I'd like to get a copy of the one that was issued at the time the alleged account was in force.  Or does that even matter?  Not sure if that's even possible, but with everything else being digitized, I would think these might be too.  

 

How do I know it's the one that was issued from the original OC at the time the account was opened?  And what about any that may have been issued later on?  Or even at the time the account was defaulted on? 

 

Anybody have any idea as to how I find that out or get a legitimate and complete copy of it?  Any suggestions would be welcomed here.  If there is a good source out there, I'd sure like to know it.

 

Thanks again, friends!

 

 

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Thanks so much to all of you for your great responses and the help i've needed to understand this legal process better.  You are a tremendous asset to us all.  I've never read so much in my life, but I've got to say, it's been extremely interesting and very enlightening as to how one can combat this plague of parasites from our society.

 

I do have one question... does anyone know where and how to get hold of old credit card terms and agreements forms.  The attorneys sent a partial one with their "Plaintiff's Initial Disclosures", but I'd like to get a copy of the one that was issued at the time the alleged account was in force.  Or does that even matter?  Not sure if that's even possible, but with everything else being digitized, I would think these might be too.  

 

How do I know it's the one that was issued from the original OC at the time the account was opened?  And what about any that may have been issued later on?  Or even at the time the account was defaulted on? 

 

Anybody have any idea as to how I find that out or get a legitimate and complete copy of it?  Any suggestions would be welcomed here.  If there is a good source out there, I'd sure like to know it.

 

Thanks again, friends!

 

 

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Hi Shellie98 and Guys,

 

I did make the adjustments Shellie98 recommended re my Aug 1st post.  If there is anything else needed, I would appreciate a quick heads-up.

 

I really am at a loss in this situation.  I seem to almost be going backward, but want so badly to succeed in putting these guys back a spot or two.  Just when I think i'm getting the hang of it, I find I'm such a novice, it scares the crap out of me.

 

Can anyone explain to me...  do I need to cite case law with each affirmative defense I state in my Amended Answer?  And if so, does anyone have examples of case law from Utah regarding Lack of Standing  that fights incomplete documentation?  

 

Also, is this a wise statement to include in my Answer "Defendant reserves the right to plead additional defenses (or cross-claims or counter claims) that may be identified during the Defendant's investigation and/or course of discovery."?

 

I'm thinking time's growing short and I need to get this Answer off asap.  Any help would be appreciated.

 

Thanks to each of you for your suggestions and instruction.  I'm truly grateful!

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@frosted1 Unless you have to, I wouldn't use lack of standing as an affirmative defense. Until you complete discovery you just don't know if they actually have the proper documents or not. 

 

Do you need to put case law in your answer? Generally not but it depends on what defenses you're pleading. Strict procedural issues only need the appropriate civil code section stated.

 

I like to include "Defendant reserves the right to plead additional defenses (or cross-claims or counter claims) that may be identified during the Defendant's investigation and/or course of discovery." But some states require all defenses plead up front with your answer.

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@frosted1

 

Defendant reserves the right to plead additional defenses (or cross-claims or counter claims) that may be identified during the Defendant's investigation and/or course of discovery."?

 

I guess you can include that, but you have to understand that there are certain defenses that must included in an answer to a complaint.   "Reserving" the right to claim additional defenses at a later point doesn't give us the right to circumvent the court rules.  The only defenses you can claim at a later time are the ones that the rules allow us to claim later on.

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Regarding using the Delaware SOL, it is worth pursuing. Mantis Knight quoted the correct Statutes. It is my feeling after attempting this as a MTD and failed the key words in the Utah statute are "cause of action". The judge in my case ruled that the cause of action did not arise exclusively in Delaware. I had argued the cause of action arose in Delaware when Delaware failed to receive a payment. It was not strong enough.

 

The second reason the Judge gave for denying the MTD, was that the choice of law provision in the contract means "substantive law applies, but not procedural law such as statutes of limitation" I had argued that the agreement did not differentiate between substantive law and procedural law and simply said laws. Again, my argument was not forceful enough.  I am sure there are much better minds available here, to help prepare on this topic. My point is this is what you will likely be up against and to be properly prepared should you decide to use the Delaware SOL as an affirmative defense.

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Thanks Bob, BV80, Mantis Knight, Shellie98, and Spikey for your comments.  I need to re-think the strategy here.  Seems I've got some more reading to do. 

 

I am a dense one.  Could someone explain the difference between substantive and procedural laws, how they're supposed to be used and  How do I decide which I should be using?

 

Also, are you supposed to do counter claims in the Answer?  If you didn't, can you submit them at a later time and under what circumstances?  

 

In Utah, what defenses are required to be in the Answer and which ones would be lost if not included?

 

Wow!  There's such an immense amount of info to be aware of.  My head's so scrambled.  I've been reading other posts and it's amazing to me to realize how informative you guys really are.

 

Thank you so much for all you are doing for the rest of us under-educated shmucks caught up in these messes.  I'm pretty sure you are much appreciated for all your efforts.

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Also, are you supposed to do counter claims in the Answer?  If you didn't, can you submit them at a later time and under what circumstances?  

 

 

Not sure about Utah, but usually they're included in your answer.

 

Wow!  There's such an immense amount of info to be aware of.  My head's so scrambled.  I've been reading other posts and it's amazing to me to realize how informative you guys really are.

 

I know that feeling all to well. Keep plugging away, you'll get there.

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According to Wikipedia:

Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments (in the criminal law), civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.

Substantive law stands in contrast to procedural law, which is the "machinery" for enforcing those rights and duties. Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal proceedings, as well as the method and means by which substantive law is made and administered.

However, the way to this clear differentiation between substantive law and, serving the substantive law, procedural law has been long, since in the Roman civil procedure the actio included both substantive and procedural elements (see procedural law). [1]

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Think of it as substantive is the difference between right or wrong, justice.  Procedural law doesn't care if it is right or wrong, if you didn't follow it, you could lose.  (or if they didnt follow it even though they have all the evidence in the world, they could lose)

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Thank you, thank you, thank you for all your help!

 

Just one quick question... can I personally hand deliver documents to the court and/or the attorney's office? Time was short and that's what I did with the last letter (my Response to  Plaintiff's Statement of Discovery Issues.)  I did have the receptionist sign and date my copy of the document delivered.  The Court stamped my copy.

 

The reason I ask is I just received a Request for Decision from the Plaintiff and they are stating that they received a response on July 31st, but that I failed to respond properly.  They're still after the bank statements.

 

Here's a copy of what I sent.

 

Defendant Responds:

 

Claims 1 and 2 respectively,  we agree on as written.

Claim 3 (a.)  In re-consideration, I respectfully submit, as per my original response to your request for production of my bank records, you are seeking documents that are irrelevant, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence to the claims being made.

 

You claim that I opened an account, made certain charges, and did not pay back what I owe.

 

Where I bank has nothing to do with the issue at hand and would only be relevant for garnishment/levy purposes and are unrelated to the actual claims. Their relevancy is only if you already have a judgment and are figuring out how to collect.

Claim 3 (b.)  Defendant adamantly denies.  If Plaintiff will re-examine Defendant’s RESPONSE to Plaintiff’s Discovery, pages 2 and 3, received by Plaintiff in March, he will find the admissions included which deny and outline all objections given at that time.  If these pages are no longer available to the Plaintiff for whatever reason, the Defendant is more than willing to provide a copy of the aforementioned document, along with copies of the Certification, for his perusal.

Claim 4.  Again, I reiterate,  In re-consideration, I respectfully submit, as per my original response to your request for production of my bank records, you are seeking documents that are irrelevant, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence to the claims being made.

 

In your words, said requests are proportional and I fail to see the relevancy of the requested documents and therefore will not be submitting them.

 

Claim 5. This Claim has been refuted and answered in Claim 3(a), 3(B), and claim 4 responses.  These matters having been responded to prior to this filing, Defendant  objects to this claim and finds it improper.

 

Claim 6.  This discovery is cumulative and duplicative as it has been previously responded to appropriately.

Defendant requests the court to deny any action pertaining to this matter.

 

Signed:

 

They also sent an unsigned order with the Request.

 

Do I just wait now or should I do something to combat?

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Hand delivery is perfectly acceptable as long as you have proof that they received it, which you have covered.

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Thanks Spikey.  

 

I was beginning to worry that I had erred in my delivery process.

 

Here is my latest draft of my Amended Answer to the Court.  Would you all look at this and make any suggestions you think needs doing.  I am concerned that Affirmative Defenses 3 and 4 are perhaps the same thing, just stated differently, and are they the same as stating Lack of Standing?     I do not have any counter claims included at this point.  I'm not sure what, if any, I should be including.

 

THIRD DISTRICT JUDICIAL COURT -  JUDGE xxxxxxxxxxxxx

STATE OF UTAH, SALT LAKE COUNTY, SALT LAKE DEPARTMENT

ASSET ACCEPTANCE LLC

Plaintiff

vs

Defendant Pro Se


DEFENDANT’S FIRST AMENDED ANSWER AND AFFIRMITIVE DEFENSES

COMES NOW the defendant xxxxxxxx, Pro se (hereinafter referred to as"defendant"), submits Defendant’s First Amended Answer and AFFIRMITIVE DEFENSES to Plaintiffs' Complaint as follows:

Plaintiff Alleges:

           

1.      Defendant , while residing in Washington County, Utah,  and/or signed an alleged contract giving rise to this action in that county.  Jurisdiction and Venue are proper in this court.

 

2.       Defendant entered into a contract with BANK OF AMERICA opening an account ending in XXXXXXXXXXXX, which contract was subsequently assigned to Plaintiff.

 

3.      Defendant has defaulted on the obligation under the contract.

 

4.       The amount due and owing to the Plaintiff is $4xxxx plus accrued interest of $433.06 as of October, 2012, at the rate of  10.00% per annum less any payments made.  In addition, Plaintiff is entitled to recover interest from October, 2012, until the date all amounts due are paid.

 

5.      Plaintiff may be entitled to recover a reasonable attorney’s fees as provided in the contract.  In the event Defendant fails to respond to this Complaint, and default is entered, Plaintiff may see attorney’s fees in the amount of $625.00 pursuant to U.R.C.P. 73.  Said fees will not be shared in violation of Rule of Professional Conduct 5.4.

 

6.      The Plaintiff may also be entitled to additional attorney’s fees for post-judgment services rendered in accordance with applicable law.

 

7.      Further, equity requires Defendant to pay the value of the benefits received.

 

Defendant Answers:

 

Allegation 1.  Defendant admits in part, he has resided in Washington County, Utah in the past, but currently resides in Salt Lake City, Utah.  Defendant does not remember, nor has any knowledge of signing any contract with Bank of America giving rise to any action and therefore, denies this portion of claim.  As to all remaining allegations which call for a legal conclusion, Defendant lacks sufficient knowledge or expertise to respond to such legal conclusions and, therefore, denies them

 

 Allegation 2.  Deny.  Defendant has no recall of entering into a contract with Bank of America and is without information or knowledge sufficient to form an opinion as to the truth or accuracy of Plaintiff’s claim of an assignment, and based on that, denies generally and specifically, Plaintiff’s claim. Defendant believes Asset Acceptance, LLC is not a legal owner of the alleged debt. 

 

Allegation 3.  DENY, Defendant has been presented no evidence that verifies he had an account with Bank of America and that said account is the same account as the debt alleged in this complaint.  Defendant cannot confirm defaulting on a contract he cannot remember nor has any knowledge or sufficient evidence of owning.  Deny  

 

Allegation 4.  Deny.  Defendant cannot ascertain appropriately that any amounts claimed by Plaintiff are true, correct or are even Defendant’s responsibility. Defendant is without information or knowledge sufficient to form a belief as to the truth of this allegation. Defendant requested verifiable documentation of Plaintiff’s claim, but to date, has received no such applicable evidence to substantiate Plaintiff’s claim in order to admit or deny.  

 

Allegations 5 and 6.    DENY. Defendant objects to these allegations on the ground that it is vague, ambiguous and unintelligible in that the Defendant cannot speculate as to the valuation of attorney’s fees.  As to any remaining allegations which call for a legal conclusion, Defendant lacks sufficient knowledge or expertise to respond to such legal conclusions and therefore denies them.

 

Allegation 7.  Plaintiff has failed to provide evidence of alleged debt, let alone, any benefits derived therefrom. Defendant is without information or knowledge sufficient to form a belief as to the truth of this allegation and therefore denies all.

 

As to all remaining allegations of fact in the unnumbered ¶ 1 through ¶ 7of the complaint not specifically admitted, Defendant denies all such allegations. As to all remaining allegations which call for a legal conclusion, Defendant lacks sufficient knowledge or expertise to respond to such legal conclusions and, therefore, denies them.

Defendant hereby incorporates his responses stated above as if fully set forth under Count 1 through 7 of Plaintiffs’ Complaint.

AFFIRMATIVE DEFENSES
By and for his Affirmative Defenses, Defendant states:

 

First Affirmative Defense
1. Plaintiffs’ Complaint fails to state a claim upon which relief may be granted against defendant.

Second Affirmative Defense
2.This action is barred by Statute of limitations  
78B-2-103.   Action barred in another state barred in Utah.


            A cause of action which arises in another jurisdiction, and which is not actionable in the other jurisdiction by reason of the lapse of time, may not be pursued in this state, unless the cause of action is held by a citizen of this state who has held the cause of action from the time it accrued.

 

The Statute of Limitations on this alleged debt, even should it be mine, which I deny, and has yet to be proven, is 3 years due to the fact that the account was originally issued through Bank of America, a Delaware corporation, said account being subject to the laws of Delaware.  Statute of Limitations in Delaware on credit card accounts is three years.  

 

Third Affirmative Defense
3.
 Plaintiff’s complaint is not properly verified and is not grounded in fact because it does not exhibit the alleged contract the debt is based upon, a valid statement of account, nor any valid assignment that gives Plaintiff legal title to the claim.   The evidence of assignment must mention Defendant’s alleged debt specifically. Plaintiff has provided no such evidence to this point.       

 

Fourth  Affirmative Defense.

4...Plaintiff has failed to prove the debt is valid or the amount of the debt is accurate.  The Plaintiff must prove that the principal, interest, collection costs, and attorney’s fees are all correct, agreed to in the contract, and lawfully charged.  Defendant also insists that the Plaintiff come up with the contract, account statements and purchase receipts to prove the true amount of the debt.   Citing Marine Bank, 25 Pa. D. & C.3d at 267-69. A “defendant is entitled to know the dates on which individual transactions were made, the amounts therefore and the items purchased to be able to answer intelligently and determine what items he can admit and what items he can contest.” ...(I don't have any Utah Law to quote at this point, but am looking for it.)

 

Fifth  Affirmative Defense
5.  Plaintiff
admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.


 

Sixth Affirmative Defense
6..Seventh Affirmative Defense. Defendant reserves the right to plead additional defenses (or cross-claims or counter claims) that may be identified during the Defendant's investigation and/or course of discovery.

 

 

Seventh Affirmative Defense

7. Failure of Consideration: No exchange of money or goods occurred between the Plaintiff and the Defendant. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

WHEREFORE, Defendant prays that this Court find judgment for Defendant, deny Plaintiffs’ request for relief, deny Plaintiffs’ request for damages, deny Plaintiffs’ request for costs, deny Plaintiffs’ request for attorney’s fees and deny Plaintiffs’ request for any relief whatsoever. Defendant further prays that this Court hold that Defendant is the prevailing party, and dismiss Defendant with prejudice.

respectfully submitted,



 

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In Utah you be timely in anything you raise, but also ready to defend. If you know SOL applies based on documents in your possession then raise it, if you need more stuff from from plaintiff like date of last payment, etc you can raise it after you receive the information, but you need to cite what information proves the point and when it was received. Also anything they produce you must object in a timely manner. On the stuff they disclosed in their initial disclosures you need to send them a meet and confer letter telling them why it is crap. The glaring example is the partial terms and conditions, a document is inadmissible in a partial state and they must disclose the entire document as well as provide authentication from the OC. 

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Mr KentWa,

 

Thank you for your wise advice.  Let me make sure I'm understanding you correctly.  I have yet to receive any documentation from the Plaintiff showing the date of last payment, charge-off date or remark of any kind regarding statute of limitations.  The attorney that attended the pre-trial conference in June did tell me verbally what the last payment date was (10/2009).  Therefore, should I not include SOL as an affirmative defense in my Amended Answer?  Does that mean I can bring it up only if I get some form of verification from the Plaintiff? Or will I be able to do so, if I get something from the Plaintiff?

 

To this date, they sent me Plaintiff's Initial Disclosures and Request for Admissions and Production.  I responded to their Request much like I would in an Answer to the Court.  I have sent nothing requesting Discovery of my own because I did not have the knowledge of how or why until I found the Creditinfocenter Forums just a couple of weeks ago. Now I'm trying to play catch-up with my limited, but much improved, knowledge.  

 

I hate being such a novice, but I'm grateful that I found you guys.  At least now I have a clue as to what is going on.  I just dont' have my ducks in a row yet.  I'm still trying to get this Amended Answer taken care of.  Maybe that's not my most pressing thing.   I do have a security bond letter started and a letter informing the attorney that they are out of SOL, but now I'm not so sure I should be sending that until I do something in regard to Discovery.  I seem to be jumping all over the place.  

 

The attorney did file a motion to extend their discovery.  I did not fight it or even respond to it because I was busy trying to defend against their Statement of Discovery Issues in which they're trying to get my bank records.   I'm still trying to find out whether or not that Motion allows me to start my own Discovery as well, if their extension is approved. 

 

  Any suggestions would be greatly appreciated.   Again, I thank you for all your help.

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If they are suing you on a debt that is out of the SOL, you can also file a counterclaim against them for violation of 15 USC 1692 (f)

and 1692(e). Those are violations of the Fair Debt Practices Collection Act, for which you can get a statutory damage award of $1.000. You could also claim actual damages, for anxiety, emotional distress, etc.

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Thank you Debtzapper for your comments regarding the counter claims.  I am checking into that as I write and will incorporate into my Amended Answer as soon as I get the data that appropriately verifies the SOL.  

 

Ok... here are the documents that I think should go out this week.  But in which order should I send them?  I know this is pretty basic for you guys, but I'm still shaking in my shoes just from being served and that was almost 8 months ago.

 

Letter of SOL to opposing counsel, Amended Answer to the Court, Meet and Confer to opposing counsel regarding incomplete documents received from them (BOS and Credit Card Agreement) and challenging their witness, Motion for Security Deposit Request to the Court, and do I send the Court anything regarding the SOL?  

 

I'm thinking I need to send the Meet and Confer letter first, then the Answer, if and when I get any paperwork defining the SOL data.  They've never given me any paper documentation regarding that.  Isn't that a violation of something in the FDCPA?  Anyway..  your comments and/or suggestions will be most appreciated.

 

Also, Guys,  what usually happens when you send a meet and confer letter?  Do you actually set up and attend a meeting? Or is it just a way to request missing information?

 

Sorry to be so inept, but if I don't ask, I won't know.   

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Thank you Debtzapper for your comments regarding the counter claims.  I am checking into that as I write and will incorporate into my Amended Answer as soon as I get the data that appropriately verifies the SOL.  

 

Ok... here are the documents that I think should go out this week.  But in which order should I send them?  I know this is pretty basic for you guys, but I'm still shaking in my shoes just from being served and that was almost 8 months ago.

 

Letter of SOL to opposing counsel, Amended Answer to the Court, Meet and Confer to opposing counsel regarding incomplete documents received from them (BOS and Credit Card Agreement) and challenging their witness, Motion for Security Deposit Request to the Court, and do I send the Court anything regarding the SOL?  

 

I'm thinking I need to send the Meet and Confer letter first, then the Answer, if and when I get any paperwork defining the SOL data.  They've never given me any paper documentation regarding that.  Isn't that a violation of something in the FDCPA?  Anyway..  your comments and/or suggestions will be most appreciated.

 

Also, Guys,  what usually happens when you send a meet and confer letter?  Do you actually set up and attend a meeting? Or is it just a way to request missing information?

 

Sorry to be so inept, but if I don't ask, I won't know.   

 

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