tommyhnavix

Simple JDB Case Grows into Million Dollar Case

Recommended Posts

Credit Info Center Help Forum

 

WOW!! This is an awsome case but I need a lot of help!! It started out very simple and has grown by leaps and bounds!!

The person who was mentoring me through this case has terminal health issues that have come up suddenly and they can no longer help me.

It started out with me getting a letter from United Recovery systems representing Citi Bank wanting me to pay them almost $5,000.00. I sent them a letter stating not to contact me any further because I was paying the original creditor. They obviously checked my credit report, saw I was a man of my word and paying as I said, and I recieved no further conact. Two months later I get basically the same letter from a Law Firm claiming to represent Citi bank. The amount is almost $2000.00 less!! I send them the same no contact letter.

One month later I get sued for around $1700.00 in my county court in Nebraska. I sent an answer and counterclaim for compensatory damages for one million dollars. Thirty seven day go by with no answer! I file for a default judgement! The court denies it. I get a copy of a motions from OC to file an answer out of time. the next day! We have a hearing and the judge grants their motion to file an answer out of time, refuses their motion to dismiss my counter claim and also refuses my default judgement. Due to the large damages he allowed us the option to file in district court. OC has file a motion to do so before I could. We are awaiting a date for a hearing. I am afraid they will never file the case to District court and let it time out.

Also at the hearing I submitted evidence showing I was up to date on my payments before they even sued me!! I also entered evidence as to my damages due to false statements on my credit report. I wrote some checks that were refuse by a check qaurantee service, even though at the time I had plenty of money in the bank! When I called they said their decision to not accept them was based on my credit report, but would not send a letter to me stating that fact! Not their policy! The person that was helping me wanted the case in District court because of their fraud and to prove they were probably NOT representing Citi Bank, but their own interest, as they bought the debt. They even made the mistake of listing counsel for LNV funding by mistake on one of their Motions!! It really even gets better!!! My card is a Home Depot card underwritten by Citi Bank!! Home Depot upgraded their store card to a Master Card through Citi Bank so it could be used anywhere. I have always gotten statements from Home Depot and every check for payment was made out to and mailed to Home Depot!! Never Citi Bank!! I know NO contract existis between me and Citi Bank!!

SO!! The next step is to go to the Motion to move to distric court. Their argument for moving it is lack of jurisdiction by the county court, due to the large amount of damages.

I really want to just agree it needs to go to District court and just give OC my certified copy of the case and ask the Judge to sign the Order for permission to move the case right away so we can get on with the case!! I wonder if they will even file it, and if they don't what can I do to keep it going. They cannot just dismiss it because of my counter claim!

Any thoughts or help would be greatly appreciated!! There are many more twists and turns to this case.

I know many law firms, including the one suing me have people dedicated to monitoring this and other help sites. Some times the help you are getting to win you case ends up helping you loose it because they know what you are doing or send you in the wrong direction to their benifit.

Thanks for now!!

Tom

 

Link to post
Share on other sites

Sorry Willingtocope.

 Tried to make it smaller font, but I pasted it from a Word document and had blown up the font to read it easier. I will try better next time. Also sorry about the exclimation points. I was a little irittated when i typed it.

 

As for questions?

 I guess I have lots of them.

1.  How does one properly defend against the OC's statement in his affermative defense that I Failed to state claim upon which relief can be granted.

2. He also stated my counter claim is  barred by the statute of limitations. Where is that coming from? How do I defend against that?

3. How do I defend against OC's claim my counterclaim is frivolous as defined under nebraska and Federal Law.

4. OC states any damages are created by Defendant or third parties not associated with plaintiff.

 More to follow.

 

Went to the doctor today to get help with acid reflux problems I have been having since this case started. Documented everything to add to my damages list.

Doctor said it could easily be brought on by new stress in my life.

I am betting there many more people on this web site that know all about acid reflux and waking up in the middle of the night with thier heart and mind racing like a race car and not being able to get back to sleep for hours.

 

5. Just curious, I have not found any info on this site about persuing compensatory or consequential damages. Why not?  If the are suing you without any contract or evidence you owe the debt they are trying to collect, aren't they commiting fraud and damaging your personal reputation and credit reprt standing? Let alone you health and well being?  Just wondering.

 Thanks in advance

 Tom

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.