ScaredInMichigan Posted November 29, 2013 Report Share Posted November 29, 2013 Hello!I have a pre trial conference on Wednesday. Two months ago I received a letter in the mail from Roosen Varchetti and Oliver who represent JRV Holding. It stated that they wanted me to pay them for an old debt, appox $7000, charged off 2008. After reading this forum I decided to write them a simple letter where I disputed the debt and asked for validation. They sent me a letter saying they verified this debt. (I don't understand the difference between the two words.) A week later they sent me photocopies of statement from this old debt. About 1 month after, I was served a summons at my house by a woman. I signed for the papers. Along with the complaint was a " statement of account" which doesn't look intimidating. Anyone could have typed it, it isn't on official looking letter head, and there is no signature. I answered the complaint denying everything, used the affirmative defense of lack of standing, and asked the court to dismiss the complaint with prejudice.... Again staying simple. I received a notice to appear for pre trial conference within a week. I was hoping for more time. It's scheduled for this Wednesday at 8:30. I've been reading the state rules, lurking this forum, and generally stressing out. What should I be doing to prepare? Any advise would be very appreciated. Thank you! Quote Link to comment Share on other sites More sharing options...
BV80 Posted November 29, 2013 Report Share Posted November 29, 2013 @ScaredInMichigan Two months ago I received a letter in the mail from Roosen Varchetti and Oliver who represent JRV Holding. Was that the first letter you had ever received from Roosen, and did it contain a notice that stated you had 30 days to request validation? If so, did you send your request within 30 days after receiving that letter? Quote Link to comment Share on other sites More sharing options...
ScaredInMichigan Posted November 29, 2013 Author Report Share Posted November 29, 2013 @ScaredInMichigan Was that the first letter you had ever received from Roosen, and did it contain a notice that stated you had 30 days to request validation? If so, did you send your request within 30 days after receiving that letter?Yes. I requested validation almost immediately. Quote Link to comment Share on other sites More sharing options...
BV80 Posted November 29, 2013 Report Share Posted November 29, 2013 @ScaredInMichigan Here's the difference between verfication and validation. When you request validation, and the debt collector replies with the required information, the debt is verified. Did they send you separate information regarding the debt after your request for validation? Or did they simply say that they had already verified the account in their first letter? It might help if write exactly what they stated in their second letter (identifying information excluded, of course). Quote Link to comment Share on other sites More sharing options...
ScaredInMichigan Posted November 29, 2013 Author Report Share Posted November 29, 2013 But actually it wasn't the first letter ever.... 2 years ago I received the exact same letter, I requested validation. I heard nothing. But several months after I received a letter from the OC saying that they had been served a subpoena and unless I filed a motion to quash, they would be sending them the information they requested. I have a copy of that subpoena saved. They filed a lawsuit, but never served me. Quote Link to comment Share on other sites More sharing options...
ScaredInMichigan Posted November 29, 2013 Author Report Share Posted November 29, 2013 @ScaredInMichigan Here's the difference between verfication and validation. When you request validation, and the debt collector replies with the required information, the debt is verified. Did they send you separate information regarding the debt after your request for validation? Or did they simply say that they had already verified the account in their first letter? It might help if write exactly what they stated in their second letter (identifying information excluded, of course).Ms. Blah BlahPursuant to your request, please find the verification do debt. If you have any questions please feel free to contact us. Name on file: ****Ss#OcOriginal account #Late date of paymentDate account openedYours truly Doo doo headA week later they sent old statements that I think they had via the subpoena Quote Link to comment Share on other sites More sharing options...
BV80 Posted November 29, 2013 Report Share Posted November 29, 2013 @ScaredInMichigan All that's required to validate the debt is enough information to show that the correct person is being dunned for the correct debt in the correct amount. In some courts (if not all), what the debt collector supplied to you is enough to validate the debt. Just for the heck of it, is the amount they claim in the letter the same amount that the OC claimed when the account was sold? Quote Link to comment Share on other sites More sharing options...
ScaredInMichigan Posted November 29, 2013 Author Report Share Posted November 29, 2013 @ScaredInMichigan All that's required to validate the debt is enough information to show that the correct person is being dunned for the correct debt in the correct amount. In some courts (if not all), what the debt collector supplied to you is enough to validate the debt. Just for the heck of it, is the amount they claim in the letter the same amount that the OC claimed when the account was sold?@BV80 the amount is approximately the same. They added on $1500 in Intrest I'm really nervous about this pre trial conference. It's one thing to stay quiet and simple in writing. It's another to do it in person. What do I do? What do I not do ( or say!)? Do I object if the plaintiff shows any paperwork to the judge that wasn't in the original summons? Any pre trial conference advise? Quote Link to comment Share on other sites More sharing options...
bmc100 Posted November 29, 2013 Report Share Posted November 29, 2013 You have a nice counter-claim, but you needed to file that with your answer. JMV holdings bought a debt, who knows from who, did not buy the media to back the debt, then subpoena's the OC for it? This way they do not have to pay for it. The JDB cannot tack on post-charge-off interest without the written consent of the original creditor. Write out their complaint and list the exhibits attached to it. Then type out your answer and list the exhibits you attached. Quote Link to comment Share on other sites More sharing options...
BV80 Posted November 29, 2013 Report Share Posted November 29, 2013 @ScaredInMichigan If that $1500 in interest is interest that accrued after the purchased the account, it's probably allowed. They can also request post judgment interest. I cannot speak to pretrial conferences in your state. In my state, a pretrial conference is fairly simple. The judge wants us to try to settle, we discuss if discovery has been completed, etc. No judgment is made. Read posts from BMC100 and Savoir. Those are your guys. Quote Link to comment Share on other sites More sharing options...
bmc100 Posted November 29, 2013 Report Share Posted November 29, 2013 Look at McDonald v. Asset Acceptance (Michigan East. District) Case No. 2:11-cv-13080 Who is the original creditor in your case? Quote Link to comment Share on other sites More sharing options...
ScaredInMichigan Posted November 29, 2013 Author Report Share Posted November 29, 2013 You have a nice counter-claim, but you needed to file that with your answer. JMV holdings bought a debt, who knows from who, did not buy the media to back the debt, then subpoena's the OC for it? This way they do not have to pay for it. The JDB cannot tack on post-charge-off interest without the written consent of the original creditor. Write out their complaint and list the exhibits attached to it. Then type out your answer and list the exhibits you attached.@bmc100ComplaintNow comes Plaintiff, JRV Holding, by and through attorneys RVC and for its complaints states to this honorable court as follows:1. Dependent entered into contract with plaintiff or plaintiffs assignor, the account/ loan # of which is, *******, and pursuant to MCR 2.113(f) (1) ( plaintiffs claim is based on a written instument which is not attached as it is in the possession of the adverse party2. Defendant defaulted under terms and conditions of contract3. Plaintiff and/ or assignors completed performance under terms and conditions of the contract4. The account has been stated and is open between party's 5. As a result defendants default plaintiff claims breach of contract, open account, account stated and/or unjust enrichment6. Original claim amount due and owing by defending to plant if is $***** plus Intrest costs and attorney feesWherefore, plaintiff requests this honorable court enter judgement against defendants and in favor of plaintiff for the original amount $***** plus Intrest to date $1,4*** for a total amount of $***??!!*** plus Intrest, costs and attorney feesAttachmentStatement of account Jrv holding, LLC reference #: ( it's blank nothing given)Name on account: my nameAddress on account: my current address, not address on old bank statementsOriginal account number: ***** (some number)Current statement date: date of November 2011Charge off date: date in 2009Principle as of 2011: $****Accumulated interest: $ 800 and somethingAccount balance: $******Costs $0Other charges$0Intrest rate 5%I filed an answer. I tried to stay simple, I wish I had read more.....Answer to complaintDefendant respectfully answers the allegations of the complaint. Defendant hereby denies any allegations implicit or explicit unless specifically admitted to. Defendant respectfully requests the court to strike the complaint without leave to amend for failure to comply with MCR 2.113 (f)Defendant in answer to complaint states1. DENY responding party objects to this request on the grounds that it is vague, ambiguous and unimtelligible2. DENY this request calls foe admission of matter defendant had denied and it thus improper Repeat this^ for 3 4 5 6Affirmative defenses1. Plaintiff, as defendant is informed and believes, lacks the legal standing to bring and maintain this action. Plaintiff has failed to attach the document or documents to the complaint showing any assignment from any third party. Defendant is without knowledge of plaintiffs business incorporation status or legitimacy and therefor denies the allegations that plaintiff has properly procured the alleged accountWherefore, the defendant asks the court for judgement dismissing the complaint herein with prejudice.I sent this in the 21 day, I was given a pre trial conference date in less then a week.... It's Wednesday. I had assumed I would have more time. I'm nervous about my past and future moves. Any advise is hugely appreciated. Thank you! Quote Link to comment Share on other sites More sharing options...
ScaredInMichigan Posted November 29, 2013 Author Report Share Posted November 29, 2013 Look at McDonald v. Asset Acceptance (Michigan East. District) Case No. 2:11-cv-13080 Who is the original creditor in your case? @bmc100 Chase bank Quote Link to comment Share on other sites More sharing options...
bmc100 Posted November 29, 2013 Report Share Posted November 29, 2013 They never plead the assignment in the complaint? Who they allegedly bought the account from? Quote Link to comment Share on other sites More sharing options...
ScaredInMichigan Posted November 29, 2013 Author Report Share Posted November 29, 2013 They never plead the assignment in the complaint? Who they allegedly bought the account from?The only place on the summons it says "Chase Bank" is on the exhibit " statement of account" Quote Link to comment Share on other sites More sharing options...
ScaredInMichigan Posted November 29, 2013 Author Report Share Posted November 29, 2013 Also, on the summons they have checked off " there is no other pending or resolved civil action arising out of the same transaction or occurrence as all edged in the complaint." Instead of checking off " a civil action between these parties arising out of the transaction or occurrence all edged in the complaint has been previously filed in ------ this action remains (or) is no longer pending.... Then asks for docket numberDid JDB lie there since they did file a lawsuit against me before to get the subpoena? Quote Link to comment Share on other sites More sharing options...
bmc100 Posted November 29, 2013 Report Share Posted November 29, 2013 A complaint must plead the assignment to show who is the real party of interest in order to create a cause of action sufficient to support a cause of action. This is Chase, that Robinson v. Asset Acceptance will apply, JMV Holdings violated the FDCPA. Further, A real party of interest is one who is vested with a right of action in a given claim. To establish standing one must show: 1. an injury in fact; consisting of an invasion of a legally protected interest, which is concrete and particularized, and actual and imminent; 2. a casual connection between the injury and the conduct which he complains; and 3. that it is likely hat the injury will be redressed by a favorable decision. Last, Chase suspended the internal collection and selling of charged-off debts. I helped beat a poster a poster against these slimballs Roosen. Dismissed w/prejudice!! Quote Link to comment Share on other sites More sharing options...
ScaredInMichigan Posted November 29, 2013 Author Report Share Posted November 29, 2013 A complaint must plead the assignment to show who is the real party of interest in order to create a cause of action sufficient to support a cause of action. This is Chase, that Robinson v. Asset Acceptance will apply, JMV Holdings violated the FDCPA. Further, A real party of interest is one who is vested with a right of action in a given claim. To establish standing one must show: 1. an injury in fact; consisting of an invasion of a legally protected interest, which is concrete and particularized, and actual and imminent; 2. a casual connection between the injury and the conduct which he complains; and 3. that it is likely hat the injury will be redressed by a favorable decision. Last, Chase suspended the internal collection and selling of charged-off debts. I helped beat a poster a poster against these slimballs Roosen. Dismissed w/prejudice!!I really like what you're saying! Thank you for all the ideas. What should be my next step? Go to my pre trail conference (obviously).... Then what? I've been fantasizing about Roosen not showing up, but I know that might not happen. Do I try and not talk to him, and wait for discovery? Quote Link to comment Share on other sites More sharing options...
bmc100 Posted November 29, 2013 Report Share Posted November 29, 2013 Whoever shows up for them, they will ask you to step aside to talk. You do not have to talk. Pre-trial is fairly simple, you won't be arguing anything. It is procedural and the judge will set discovery. Did the court send you a pre-trial statement to fill out? Quote Link to comment Share on other sites More sharing options...
bmc100 Posted November 29, 2013 Report Share Posted November 29, 2013 I PMed you an attorney, call him next week about the post-charge-off interest JMV is trying to charge. He will help you out with that. Quote Link to comment Share on other sites More sharing options...
Savoir Posted November 29, 2013 Report Share Posted November 29, 2013 If the judge doesn't set discovery time lines and procedures on his own ........... make sure you ask for permission to propound discovery. Quote Link to comment Share on other sites More sharing options...
ScaredInMichigan Posted November 29, 2013 Author Report Share Posted November 29, 2013 Whoever shows up for them, they will ask you to step aside to talk. You do not have to talk. Pre-trial is fairly simple, you won't be arguing anything. It is procedural and the judge will set discovery. Did the court send you a pre-trial statement to fill out?I did not receive anything from the court other than the notice to appear. Would it have been sent with that, @bmc100?And thank you for the number! I'll call on Monday. Quote Link to comment Share on other sites More sharing options...
ScaredInMichigan Posted November 29, 2013 Author Report Share Posted November 29, 2013 If the judge doesn't set discovery time lines and procedures on his own ........... make sure you ask for permission to propound discovery.I'll have to google " propound" lol. Thank you for giving me words, @Savoir ! Quote Link to comment Share on other sites More sharing options...
BV80 Posted November 30, 2013 Report Share Posted November 30, 2013 @bmc100 In McDonal v. Asset, the court stated: Because Chase and WFNB waived the interest, Asset could not retroactively impose interest for the period in which it did not own the accounts. That's why I said the $1500 would have probably been allowed if it accrued after the JDB purchased the account. Quote Link to comment Share on other sites More sharing options...
bmc100 Posted November 30, 2013 Report Share Posted November 30, 2013 @BV80 Right now, the poster does not know that. The Plaintiff did not attach the purchase agreement or bill of sale to the complaint. For all the poster knows, JVM Holdings does not own the account. They did not attach any Chase statements to the complaint either. Last, JMV holdings breached the purchase agreement with Chase in which the accounts are sold as is without warranties or guarantees of the collectibility or accuracy of the amount allegedly due. Further, these purchase agreements clearly set forth that digital media can be purchased for an additional cost. This JDB has breached the purchase agreement by going to court to get a subpoena to have Chase produce the media. Quote Link to comment Share on other sites More sharing options...
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