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tarobapp

I have been sued and I responded, now what

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Hello Everyone,

 

I just want to start by saying thank you so very much for all of your wonderful help and advice. You guys are a pretty amazing group of people to help others in dire need of help.

 

So, I was first sued a year ago by  for credit card debt by Asset Acceptance. I actually hired a lawyer the first time (recent grad who gave me an enourmous discount). He won the case for me quite easily, although the lawyers for Asset Acceptance tried to bluff their way by eventually coming to court, at which time the judge wasn't having any of it because they actually had no proof that the debt was mine. All they produced as a generic credit card agreement and a piece of paper saying that they had acquired the debt from Chase. Other than that, no proof, so I won easily.

 

Now I have been sued again a 3 months ago by Remitt Corporation. This time, I was going to defend myself (the first lawyer moved on to greener pastures, understandibly). I was served the papers (complaint), and in a timely manner, I addressed every complaint. I went to the courthouse to submit and also mailed a copy to the lawyer who was suing me. I have not heard back from the lawyer in over two months. I called the court house, and they told me nothing has happened in the case so far, and that there has been no judgement against me.

 

So, My question is what do I do next? This was the following that I had asked the judge for in my reply to the complaint -

 

"WHEREFORE, Defendant ************* ********  respectfully requests that this Honorable Court dismiss Plaintiff’s Complaints with prejudice for lack of evidence and failure to establish standing."

 

So, what is my next step so that I get an official verdict for this case?

 

I live in Pennsylvania. I can also post the entire complaint and reply if you need it.

 

Thank you very much,

 

Taro Bapp

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Send some discovery to wake the attorney up.

 

DEFINITIONS

The following words, when used has the designated meaning:

(A) "Account" means the indebtedness alleged in your Complaint.

( B ) "Original Creditor" is the Person with whom the Account was originally created for Defendant.

 

Defendants First Request For Production Of Documents
 

 

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 legitimacy 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 of the choice of law provision it 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 to defendant.

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.

14. The forward flow or media document(s) governing this transaction.

 

 

Respectfully Submitted,

 

 

 

Certificate of Service
On August 19, 2013, I my name caused the foregoing instrument to be served by delivering a copy to all counsel of record in this case as indicated below:

Law firm name and address here
By Certified U.S. Mail, Return Receipt Requested

my name

my address

my phone

case number

defendant's name

 

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Two schools of thought.

 

1.  Sit and wait. They have not sent you any discovery and, if no trial date or any other dates have been set, it may have slipped through their cracks and if they let it sit too long you can get it dismissed for failure on their part to pursue the action.

 

2.  Hit them with discovery of your own. Send them some requests for production of documents and maybe some admissions.

 

They may push any complaints where people reply to the way side and focus on their default judgments.

 

The risk in sending your own discovery is you could "wake the bear". They get your discovery and then decide they should focus on it.

 

Tough call.

 

If it were me, I would let it sit while keeping tabs on a regular basis. Be prepared to jump in and get busy if the "wake up".

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And I also thank you Flyerfan. Very Much Appreciated!!!!!

You guys are awesome, now, if I can only get you to be a Penguins fans, but won't push my luck. Thanks again!!!!

Taro Bapp

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And I also thank you Flyerfan. Very Much Appreciated!!!!!

You guys are awesome, now, if I can only get you to be a Penguins fans, but won't push my luck. Thanks again!!!!

Taro Bapp

 

Hmmm. Can't seem to find the dislike button. Haha

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I have heard of the Sabres but never heard of the Penguins they must be a semi pro team.

There's still time to sign up for the #Sabres Street Hockey Fest on Aug. 25. If you are a real Hockey Fan. :ROFLMAO2:

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