Az Piano Lady 14

Thank You All!!---A Midland Win

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Thank you so much for this input. I am so happy to have found this site.  They have not sen too much in DV or in Discovery so I fel preety good since there have been three OC's and they have to prove chain of command.  at least from what I have been following on other peoples threads.

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@Az Piano Lady 14

 

3 OCs?  Or 3 JDBs?

 

I think you "chain of ownership" aka "chain of assignment".

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@Az Piano Lady 14

 

There were 3 OCs.   JDBs buy accounts that are defaulted.  In your case, banks took over other banks.  There won't be bills of sale. 

 

If your last payment was 9/04/09, then you paid after Chase took over the account.    They will have to provide a bill of sale from Chase to the JDB.

 

Has the JDB provided any credit card statements that show charges or payments?   Have they provided the cc statement that shows that last payment?

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On arbitration - this normal and required. Has no direct effect on the Court proceedings. But an attempt to "settle. If you can you might offer a small amount but usually will not take less than 50%-70% from what I have seen.

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This is in Superior court. I would never settle. They have not even provided any BOS .

 

Have a couple question for my RFA.  Thanks Harry for the really good ones. Can I ask them to A/D theat their affiant falsified his statement by saying he reviewed MF records and we opened an account with Chase in 01??

 

Plaintiff is calling the Providan cc agreement a contract? Should I ask for a BOS in my RFP?

 

All they sent was the cc agreement , te affadavit, and some statements from Wamu  and Chase.

I will be getting off my docs today so thanks for any help.

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Can I ask them to A/D theat their affiant falsified his statement by saying he reviewed MF records and we opened an account with Chase in 01??

You can but you know what they are going to say so i wouldn't waste a RFA on something like this. Go down other avenues that prove they have no personal knowledge of the account prior to their alleged purchase. If they admit to this, their affidavit is crap because it's not based on personal knowledge as required by rules of procedure.

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Sent off the Rogs. Should the next step be a MSJ before they send theirs??

Wait on the MSJ until you get the answers to your roggs.  There will probably be some good fodder there for supporting your MSJ.

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Well they sent an amended Diclosure Packet.  This one added an MCM statement with the current owner listed as MF and OC as Chase.

 

Chase balance 12,0000 and interest added by MF 3,100.

Wamu statements   Chase statements   and a Providian cc agreement. 

BOS  e-record of act pursuant to BOS      Prelegal notification statements with a balance of 15,000 . (added interest)

 

And a field data with contract date as of 6/2001 and last pmt date and CO date.

 

So I believe as the 40 are up this is all they have.  They have still not responded to my RFP, RFA, but they have time as sent them at the end of the 40 days.

 

So my thought is do I now get in my MSJ before they do??

And I have one more question about the interest added. Wouldn't that have to be in a Chase agreement , not Providian?

 

Also another question I have is this--- August 15,, they sent me a letter saying:  As you know, Judgment was entered against you in the above refenced matter on (no date)

We have recieved authorization  from MF to discuss settlement

Judgment Balance  15,0000.

 

The date they file the complaint was August 5  and filed a day before that letter.  And the amt of the complaint is for 12,000 and 3000 aprx amts for legal fees (NOT INTEREST).  So I was wondering if there is any violations here. MCM added 3000 in interest and then sued and turned it into 3000 for atty?????

 

Sorry for so many questions and Thank You

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So my thought is do I now get in my MSJ before they do??

And I have one more question about the interest added. Wouldn't that have to be in a Chase agreement , not Providian?

 

 

If the account was not in default when Chase acquired WAMU, they should have provided the Chase agreement, as well because that would have been the agreement in effect at the time the account went into default.

 

Also another question I have is this--- August 15,, they sent me a letter saying:  As you know, Judgment was entered against you in the above refenced matter on (no date)

We have recieved authorization  from MF to discuss settlement

Judgment Balance  15,0000.

 

 

I take it that at the time they sent the letter that there was no judgment against you?   Was the account referenced in that letter the same account for which you are now being sued?  If so, you have a possible FDCPA violation.

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The default was with oc chase (no agreement provided other that providian).  And yes the acct being sued was the same they claimed they had a judgment.   That's why I asked if there was a violation as well as they tacked on over 3000 in interest.

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@Az Piano Lady 14

 

If interest is allowed by the agreement, depending on the amount of the debt and the length of time it's been in default, interest can really add up.

 

I'd speak to an attorney about that letter.  It might be a violation of 1692e(2) (legal status) and (10) (deceptive means to collect a debt).

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Does the fact that they left no date affect that status?  The judgment entered on  (no date included) They filed suit the next day.  Also would I be looking at the interest from the providian agreement they provided in DV or the chased interest???

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@Az Piano Lady 14

 

You'd need to ask an attorney about the lack of a date in the letter.  He may say the letter was just a mistake, but it doesn't hurt to check it out. 

 

In regard to the interest, I'd look at the Chase agreement.   I'm sure it will say that interest can be added.  You just have to figure out much.

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They did not send the Chase agreement only the Providian one.Also the letter is either a violation or not. The lack of a date should not matter. They mailed it to me , how can it be a Mistake???  And my MSJ would be on SOL based on the agreement they sent me.

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check your rules usually they get 30 days to answer in most states.  Some are 20.  Then you would need to see if you needed to send them a meet and confer letter or go straight to a motion to compel/preclude.

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Hi, I filed my RFA's and answers to their Rogs mid Feb. Recieved up to now nothig from them except the amended Disclosure.  Should I file a meet and confer, and what to say in that??. And should I file a motion to have the RFA deemed admitted?? Need help in going forward.  Thanks

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Hi, I filed my RFA's and answers to their Rogs mid Feb. Recieved up to now nothig from them except the amended Disclosure.  Should I file a meet and confer, and what to say in that??. And should I file a motion to have the RFA deemed admitted?? Need help in going forward.  Thanks

In AZ a party has 40 days to respond to discovery requests. As far as the RFAs go, you are required by the rules to send them a reminder which gives them another 10 days to respond to those. Just like your original requests, your reminder is required to have specific language at the start, so copy this language verbatim from the rule (Rule 126(c ) JCRCP). The rest of your unanswered discovery requests should probably be followed with a motion to compel. It will take a few days for the judge to rule on it, so ask the court to order them to respond "immediately".

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I don't think If I were you I would file a MSJ against the Plaintiff.  I would think you might have a violation based on the letter they sent. The fact they filed the next day does not mean much. They would have mailed it days before that.

I'm trying to figure out shy they sent a CC agreement from one Bank, and interest involved from another ??

Maybe someone that has dealt with this can help.

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Well ironically as I was sending them a reminder for the RFA's and RFP's I get their (not unexpected) MSJ today. Woo Hoo Happy April Fools Day!!!!!!!!!!

So are they still required to answer my Rog's?

And does anyone in Az have a winning MOSJ???

They used the standard stuff--------------However it seems that they are using more and more wording to beat us over the years.

Of course SJ should be granted based on no genuine issues of material fact

Defendants breached agreement by not paying (Yawn)

Using the old Orme School vs. Reemes (double yawn)

 

The Defendants denied all the Plaintiff's claims (boo hoo)

 

SOL should not be granted using Cook vs. Cook,  choice of law should not be used.

A new affadavit (from MCM) from a new person than in the original DV.

 

Stating that the documents  are true and correct copies of originals??

 

Defendant opened a Chase acct in 2001??/ And that the chain of custody has been proven from Wamu to Chase. Ok what happened to Providian in allegedly 2001???????????????????

 

So any help on this whopper of a MSJ (just kidding ) will be helpful

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Can you post the full redacted MSJ?

I beat them on their first MSJ, although that might have been a fluke.

Are you going to appeal if you lose on SJ?

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Is there a link to what Cook v Cook is?

 

I have had lots of losses on well briefed huge case files in Justice courts.

 

I appealed latest to Superior and judge followed my points exactly even quoting me in his reversal of the SJ. It used most of the points often raised here.

 

Sadly it seems for cases under $10k you have to plan to lose in Juctice Court but do extensive arguments and briefs so it is in the record for an appeal. In Superior Court they have real judges that actually understand the fine points we raise, not just automatic win for the creditors as is common in Justice Courts in Arizona.

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