Pre trial conference, what should I expect?

[ScaredInMichigan]

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!

[BV80]

@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?

[ScaredInMichigan]

@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.

[BV80]

@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).

[ScaredInMichigan]

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.

[ScaredInMichigan]

@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 Blah

Pursuant to your request, please find the verification do debt. If you have any questions please feel free to contact us.

Name on file: ****

Ss#

Oc

Original account #

Late date of payment

Date account opened

Yours truly

Doo doo head

A week later they sent old statements that I think they had via the subpoena

[BV80]

@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?

[ScaredInMichigan]

@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?

[bmc100]

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. 

[BV80]

@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.

[bmc100]

Look at McDonald v. Asset Acceptance (Michigan East. District) Case No. 2:11-cv-13080

 

Who is the original creditor in your case?

[ScaredInMichigan]

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.

@bmc100

Complaint

Now 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 party

2. Defendant defaulted under terms and conditions of contract

3. Plaintiff and/ or assignors completed performance under terms and conditions of the contract

4. 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 enrichment

6. Original claim amount due and owing by defending to plant if is $***** plus Intrest costs and attorney fees

Wherefore, 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 fees

Attachment

Statement of account

Jrv holding, LLC reference #: ( it's blank nothing given)

Name on account: my name

Address on account: my current address, not address on old bank statements

Original account number: ***** (some number)

Current statement date: date of November 2011

Charge off date: date in 2009

Principle as of 2011: $****

Accumulated interest: $ 800 and something

Account balance: $******

Costs $0

Other charges$0

Intrest rate 5%

I filed an answer. I tried to stay simple, I wish I had read more.....

Answer to complaint

Defendant 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 states

1. DENY responding party objects to this request on the grounds that it is vague, ambiguous and unimtelligible

2. DENY this request calls foe admission of matter defendant had denied and it thus improper

Repeat this^ for 3 4 5 6

Affirmative defenses

1. 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 account

Wherefore, 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!

[ScaredInMichigan]

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

[bmc100]

They never plead the assignment in the complaint? 

 

Who they allegedly bought the account from?

[ScaredInMichigan]

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"

[ScaredInMichigan]

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 number

Did JDB lie there since they did file a lawsuit against me before to get the subpoena?

[bmc100]

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!!

[ScaredInMichigan]

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?

[bmc100]

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? 

[bmc100]

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. 

[Savoir]

If the judge doesn't set discovery time lines and procedures on his own ........... make sure you ask for permission to propound discovery.

[ScaredInMichigan]

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.

[ScaredInMichigan]

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 !

[BV80]

@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.

[bmc100]

@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.