cowboycomedian

Answering Request for Admission - strange questions

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I have recently been served with a lawsuit on a credit card I was unaware of, by Cavalry SPV.  I have responded to the summons, and most of the basic questions on the Request for Admission I am just responding "Deny."  But in the research I have done I have not come across the following questions, or appropriate answers:

16.  There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer.

17.  You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect.  (I did not say the amount was incorrect - I said I did have such a credit card at all.)

18.  You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff.  (see 17)

19.  You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted.

20.  You do not have any legal factual basis for your defense of lack of standing.

21.  You do not have any factual basis for your claim that Plaintiff does not have a valid assignment.

22.  You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest.

23.  You have no defense to this lawsuit.

 

I would sincerely appreciate any suggestions for how I might respond to these questions.

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I have recently been served with a lawsuit on a credit card I was unaware of, by Cavalry SPV.  I have responded to the summons, and most of the basic questions on the Request for Admission I am just responding "Deny."  But in the research I have done I have not come across the following questions, or appropriate answers:

 

16.  There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer. DENY

 

17.  You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect.  (I did not say the amount was incorrect - I said I did have such a credit card at all.):  Denied, as Plaintiff has not attached any valid written contract, bill of sale, or assignment, to the plaintiffs complaint that shows the alleged debt owing by the defendant. 

18.  You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff.  (see)Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable to her to admit or deny this request and therefore denies

 

19.  You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted.:  Denied, as Plaintiff has not attached any valid written contract, bill of sale, or assignment, to the plaintiffs complaint that shows the alleged debt owing by the defendant. 

 

20.  You do not have any legal factual basis for your defense of lack of standing. :  Denied, as Plaintiff has not attached any valid written contract, bill of sale, or assignment, to the plaintiffs complaint that shows the alleged debt owing by the defendant. 

 

 

21.  You do not have any factual basis for your claim that Plaintiff does not have a valid assignment.:  Denied, as Plaintiff has not attached any valid written contract, bill of sale, or assignment, to the plaintiffs complaint that shows the alleged debt owing by the defendant. 

 

22.  You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest.:  Denied, as Plaintiff has not attached any valid written contract, bill of sale, or assignment, to the plaintiffs complaint that shows the alleged debt owing by the defendant. 

 

23.  You have no defense to this lawsuit.:  Denied, as Plaintiff has not attached any valid written contract, bill of sale, or assignment, to the plaintiffs complaint that shows the alleged debt owing by the defendant. 

 

just change your answer to HIM, or Her.. Whatever suits you by gender.

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Incredibly helpful -- thank you so much!  I am sure more questions will be forthcoming, as I have still to answer the Production of Documents and the Interrogatories.  Also, do you recommend that I send my own Requests for Admission or Production of Documents or Interrogatories?  My answer to the summons was that 1) I have never seen or signed a credit card agreement, 2) SOL, and 3)ownership of the debt/control of the documents.

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Yes, send them the same batch of request they sent you. Take their notices and type it up exactly in that format with you're own questions. So, here are some examples. THE DISCLOSURES ON THE TOP PERTAIN TO OREGON..  YOU CAN FIND YOU'RE DISCLOSURES BY FOLLOWING THEIR FORMAT. In oregon we don't do Interrogatories, so you will have to google some questions. Find out what you're limits are. In Oregon we can only ask 30 questions and that includes both Admissions and produces.

 

REQUEST FOR ADMISSIONS:

 

 Defendant XXXX request that the Plaintiff admit to the following points of facts within thirty (30) days of service of these request. FAILURE TO SERVE A WRITTEN OR OBJECTION WITHIN THE TIME ALLOWED BY ORCP 45 B WILL RESULT IN AN ADMISSON OF THE FOLLOWING REQUESTS. Each matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney.  If objection is made, the reasons for the objection shall be stated.  If not admitted, your answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter.  A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless stating that a reasonable inquiry was made and that the information known or readily obtainable is insufficient to enable an admission or denial.  A party who considers that a matter of which an admission has been requested presents a genuine issue for trial, may not, on that ground alone, object to the request but may, subject to the provisions of Rule 46 C, deny the matter or set forth reasons for not being able to admit or deny.

                                       DEFINITIONS

The following words, when used with the initial letter capitalized, has the designated meaning:

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

( B)  “Original Creditor” is the person with whom the alleged Account was originally created for Defendant.

 

                       ADMISSION REQUESTS

1.      Admit Plaintiff does not own the Account alleged in this suit.

2.      Admit Plaintiff does not have the authority to collect the Account alleged in this suit.

3.      Admit Plaintiff has not seen an accounting of the debt alleged in this suit.

4.      Admit Plaintiff does not have a full Account history of the debt alleged in this suit.

5.      Admit neither Plaintiff nor its attorney(s) possess an affidavit, certificate, or other document executed by or on behalf of the Original Creditor which purports to authenticate the genuineness of any documents related to the Account.

6.      Admit Plaintiff has no personal knowledge as to why the alleged Original Creditor entered any transaction, debit, credit, or charge on any billing statements for the Account.

 

 

XXXXX_________________________

                                  Defendant, Pro Se

 

 

 

 

ADMISSION FOR PRODUCTION:

 

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR WASHINGTON COUNTY

UNIFUND CCR, LLC, assignee of pilot Receivables Management, LLC,

 

                                    Plaintiff,

vs.

XXXX

                                    Defendant

 

CASE NO.:  Cxxxx

 

 

 

 

REQUEST FOR PRODUCTION

 

 

 

  Defendant XXXXXX request that Plaintiff UNIFUND CCR, LLC, assignee of Pilot Receivable Management, LLC, produce the following documents in connections with this matter. If objections is made, please state the reason for the objection. If denying the matter, please set forth in detail the reasons why the answering party cannot produces such documentation.

 

                                    DOCUMENTS TO BE PRODUCED

1.      Please provide the actual credit card contract upon which your complaint is based on.

2.      Please provide a contract, agreement, assignment, or other means of demonstrating that Plaintiff has the authority and was legally entitled to collect on the alleged debt.

3.      Please furnish reasonable proof, such as original, or copies of the assignment agreement or assignments agreement, transferring the alleged contract and/or account in .question from Citibank N.A over Unifund CCR, LLC, assignee of pilot Receivables Management, LLC to show and Assignment has been made and that Unifund CCR, LLC assignee of Pilot Receivables Management, LLC are the real party in interest.

4.      Please provide a copy of the Assignment between Unifund CCR, LLC assignee of Pilot Receivables Management, LLC and Citibank, N.A.

5.      Please provide evidence/proof of the Defendant’s alleged debt to Plaintiffs, including specifically the alleged contract, between the Plaintiff and Defendant or any other instruments constructed solely for the purpose of creating a loan agreement between the Plaintiff and Defendant bearing Defendant’s signature and/or Please produce the contract that legally requires the Defendant to pay the amount entered into the complaint.

6.      Please provide the original or copy of the account agreement that states interest rate, grace period, fiancé charges, assignment and specifically the State Laws that agreement and account are governed plus other important facts.

7.      Please provide copies of the amount paid and/or the consideration due for the alleged contract/account.

8.      Please provide evidence of authorization of plaintiff to do business, create loans, issue or extend credit, collect debts, and/or operate in the state where the Plaintiff conducts their business.

9.      Please provide evidence of authorization of Plaintiff & Attorney to do business, create loans, issue or extend credit, collect debts and/or operate as a financial business in the State of Oregon.

10.  Please provide a document or document(s) that prove you did send the Defendant a notification of assignment of the account or assignment of rights.

11.  Please attach any and all notices sent to Defendant by plaintiff in regards to this alleged account demanding payment.

12.  Please attach copies of all statements generated while this alleged account was open with Plaintiff.

13.  Please attach a complete and accurate history of the interest charged on this alleged account with Plaintiff. Show the exact dates those interest rates changed and list the various rates that were charged during this debt and the exact method of amortization.

14.  Please attach any and all notices sent to Defendant by Plaintiff announcing changes in the Defendant’s debt and the dates of each such report.

15.  Please Identify each Credit Reporting Agency (Credit Bureau) to which the Plaintiff reported Defendant’s debt and the dates of each such report.

16.  Please attach any and all notices sent to Defendant by Plaintiff in regards to account announcing transfer and/or assignment of credit card account from Plaintiff to any collect agency or collection attorney.

17.  Please attach a copy of the agreement with Plaintiff that grants Daniel N. Gordon, P.C the authority to collect this alleged debt.

 

                                    CERTIFICATE OF SERVICES

I hereby certify that a copy of the foregoing was mailed on the 11th day of March, 2014.

                            

                                                            Attorney and Counselor at Law

                                                            4023 W 1st Ave/PO Box 97402

                                                            Eugene, OR 97402.

 

                                                ____________________________

                                                            XXXXXX

                                                            Defendant Pro Se

 

cc: State of Oregon For Washington County Clerk’s office

                                    

 

 

   I hereby certify that I mailed a REQUEST FOR ADMISSION to the Plaintiff’s attorney Daniel N. Gordon P.C. Attorney and Counselor at Law at the following address:  4023 W 1st Ave/P.O. Box 22338 Eugene, OR 97402, on this 13th day of March, 2014.

                                   

                                                ____________________

                                                     

                                                            Defendant, Pro Se

 

CC: Circuit Court State of Oregon For Washington County civil clerks 

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That is exactly what I needed -- thank you so much for your help!  I have found legal assistance difficult here -- none of the attorneys I contacted would handle a $5000 case.  Unless, of course, they represent creditors -- plenty of those.

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I found some generic answers here.. this is are not mine. I just found some quickly for you giving you an example. I would answer the questions like this.

 

 

INTERROGATORIES
 
1 If your responses to these Requests for Admission are anything other than unequivocal admissions, state what you allege to be facts for each admission denied or not completely admitted.
Statute of limitations
 
2. State your full, correct name and any other name or nickname by which you have ever been known.
Object. Requests material that should already be in the possession of the plaintiff. 
 
3. State your current residence and business addresses.
Object. Requests materials that should already be in the possession of the plaintiff.
 
4. State the name, nature, duration, and place of each employment or occupation which you had during the two years prior to this date.
Objected to on the grounds that it's irrelevant. 
 
5. State the trade name or assumed name under which you have done business within the past two years and the complete address of each place where business was conducted.
Objected to on the grounds that it's irrelevant.
 
6. If you assert that the claim herein is the obligation of anyone other than yourself, state the name and present address of each person and all of the facts which support your position, including your relationship to such other person or persons.
Object. Unduly burdensome, oppressive, and irrelevant.
 
7. State fully, completely, and at length the factual basis for each and every defense which you now assert or will assert into action.
Object. Unduly burdensome, oppressive, and irrelevant.
 
8. State the name, occupation, business address and telephone number, and residence address and telephone number of each witness you expect to call at trial of this action, together with a summary of the matters to be testified to by each witness.Object. Unduly burdensome, oppressive, and irrelevant.
 
9. Attach to your answers to these Interrogatories a copy of each and every document, writing, paper or letter which you intend to use as a basis of defense in this action which you expect to offer into evidence upon a trial of this action. If you will not so produce without a Request for Production, then state at length and verbatim the contents of each and every such document, writing, paper, or letter.
 
 
Not sure how to answer 1, 7, 8 and 9. Thought this may have been an old credit card that my ex racked up, but after talking to her, I'm not sure what this is. The copies of credit card statements, which include my name and previous address, say that it's an AT&T Universal Mastercard, and I don't remember even having one of those.
 
Also, none of my credit reports mention Citibank or LVNV Funding. However, there is a mention of Citi on Credit Karma, showing an account opened December of 1998, last updated December 2004, a credit limit of $1,600.00 and a $0 balance.
 
Any insight on how to answer those interrogatories or if I should word something else differently, would be GREATLY appreciated. Thank you all in advance!
 
#2 icon_share.png
  • a
Posted  29 June 2013 - 10:47 PM
My answers to interrogatories 7, 8 and 9 so far. Would like some insight on any of this.
 
7. Last payment activity as shown in papers provided by Plaintiff, state the date of 5/02/2007, which is outside the Minnesota 6 year Statute of Limitations. Neither Citibank nor LVNV Funding are on any of the Defendant’s credit reports from Experian, Equifax and Trans Union. Plaintiff did not provide an original credit card agreement or any papers containing the Defendant’s signature.
 
8. Object. Unduly burdensome, oppressive, and irrelevant
 
9. Credit reports from all 3 previously mentioned in #7 credit reporting agencies
  •  

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In most CC cases, you never sign an agreement. It is understood and you are bound by the fact that you USED the card. That is your agreement.

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I have recently been served with a lawsuit on a credit card I was unaware of, by Cavalry SPV.  I have responded to the summons, and most of the basic questions on the Request for Admission I am just responding "Deny."  But in the research I have done I have not come across the following questions, or appropriate answers:

16.  There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer.

17.  You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect.  (I did not say the amount was incorrect - I said I did have such a credit card at all.)

18.  You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff.  (see 17)

19.  You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted.

20.  You do not have any legal factual basis for your defense of lack of standing.

21.  You do not have any factual basis for your claim that Plaintiff does not have a valid assignment.

22.  You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest.

23.  You have no defense to this lawsuit.

 

I would sincerely appreciate any suggestions for how I might respond to these questions.

A simple "Deny" is sufficient as an answer to each of them.

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@cowboycomedian STOP!!

 

The OP is in GA and @ I realize you are excited to be here and get help with your situation but you cannot and SHOULD NOT apply what is required in Oregon to every case.  GA courts are VERY different.  The advice you gave was ALL WRONG.  Many courts have VERY specific rules and very different state laws such as California, Texas, North Carolina all have VERY different procedures.  What court the case is in also makes a huge difference.  

 

I have recently been served with a lawsuit on a credit card I was unaware of, by Cavalry SPV.  I have responded to the summons, and most of the basic questions on the Request for Admission I am just responding "Deny."  But in the research I have done I have not come across the following questions, or appropriate answers:

16.  There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer.

17.  You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect.  (I did not say the amount was incorrect - I said I did have such a credit card at all.)

18.  You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff.  (see 17)

19.  You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted.

20.  You do not have any legal factual basis for your defense of lack of standing.

21.  You do not have any factual basis for your claim that Plaintiff does not have a valid assignment.

22.  You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest.

23.  You have no defense to this lawsuit.

 

I would sincerely appreciate any suggestions for how I might respond to these questions.

 

@cowboycomedian

 

I used to live in GA.  Are you being sued in Magistrate Court or Circuit Court?  Because Magistrate Court does not allow discovery unless there is special permission by the court.  The attorney may be violating the court rules by sending you discovery like that.

 

DO NOT follow any of @ advice until I can get a better read on what is happening in what court in your case.  Without specifics:

 

Who is the plaintiff?

Who is their lawyer?

Which court Magistrate or Circuit?

What county is your case in?

How much are they suing for?

Who is the original creditor?

When do they allege the last payment was made?

 

 

I have already helped at least two from this forum walk away from suits in GA with dismissals.  

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Thank you.  The suit was actually filed in superior court in Evans County.  The plaintiff is Cavalry SPV I, LLC as assignee of FIA Card Services.  The lawyers are three men from Frederick J Hanna & Assoc.  They don't say who the original creditor was, but they attached a DE state certificate stating that Fleet Bank merged into Bank of America, which then merged into FIA Card Services.  They don't give a date of last payment.  They are suing for $5778.86 plus interest of $4799.27 plus court costs of $257.00.  Then in the Request for Admission they also mention unspecified attorney fees.

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Thank you.  The suit was actually filed in superior court in Evans County.  The plaintiff is Cavalry SPV I, LLC as assignee of FIA Card Services.  The lawyers are three men from Frederick J Hanna & Assoc.  They don't say who the original creditor was, but they attached a DE state certificate stating that Fleet Bank merged into Bank of America, which then merged into FIA Card Services.  They don't give a date of last payment.  They are suing for $5778.86 plus interest of $4799.27 plus court costs of $257.00.  Then in the Request for Admission they also mention unspecified attorney fees.

 

AH HA!  Frederick J Hanna.  I suspected as much.  Georgia's biggest bottom feeder.  He lies so much he makes politicians look upstanding.  He is a robo filer that cannot prove squat.  I suspect that he isn't in Magistrate Court in your county because he has been defeated there far too much and they are on to him because GA MC limit is $15,000.  

 

Go to www.naca.net and find any one of the consumer lawyers in Georgia and hire one to represent you.  He folds when faced with opposing counsel.  If I had to pay out money it would be to my attorney before he ever got a cent from me.  You also have a counter claim because he is adding on almost 100% interest which is illegal. 

 

WHEN does he allege the last payment was?  Georgia does not have a borrowing statute so the SOL of 6 years would apply.  

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I have recently been served with a lawsuit on a credit card I was unaware of, by Cavalry SPV.  I have responded to the summons, and most of the basic questions on the Request for Admission I am just responding "Deny."  But in the research I have done I have not come across the following questions, or appropriate answers:

16.  There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer.

17.  You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect.  (I did not say the amount was incorrect - I said I did have such a credit card at all.)

18.  You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff.  (see 17)

19.  You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted.

20.  You do not have any legal factual basis for your defense of lack of standing.

21.  You do not have any factual basis for your claim that Plaintiff does not have a valid assignment.

22.  You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest.

23.  You have no defense to this lawsuit.

 

I would sincerely appreciate any suggestions for how I might respond to these questions.

 

16.  Denied.

17.  Admit:  defendant has never had an account with the plaintiff or any of the three entities referenced in the complaint alleged as an "original creditor" and therefore has no documentation regarding any account for any purpose as defined in the complaint.

18.  Denied.  See 17.

19.  Denied.

20.  Denied.  Defendant has never had an account with the plaintiff or any of the three entities referenced in the complaint as an alleged original creditor therefore Cavalry lacks standing to sue defendant for recovery of non-existent debt.

21.  Denied.  Plaintiff has attached no documents which demonstrates legal assignment of any debt that defense is personally responsible for to plaintiff.

22.  Denied.  Defendant has never entered into any contractual agreement with Plaintiff for any reason and does not owe Cavalry LLC any money.

23.  Denied.  Defendant preserves their right to use any defense allowed by the laws of the state of Georgia in trial and appeal.

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Yes, I have heard a lot about Mr. Hanna.  I did call three attorneys when I first received the summons.  None of them would take such a small case.  In fact, the third one told me that the consumer attorneys in this part of Georgia only handle bankruptcies, and no one would take a case like this for less than a $10,000 retainer.  Which of course, I don't have.  I truly don't have any knowledge of this account, by the way, and nothing in anything they have sent me so far indicates the default date on the account.  I think I will have to run a credit report and see what it says.

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Yes, I have heard a lot about Mr. Hanna.  I did call three attorneys when I first received the summons.  None of them would take such a small case.  In fact, the third one told me that the consumer attorneys in this part of Georgia only handle bankruptcies, and no one would take a case like this for less than a $10,000 retainer.  Which of course, I don't have.  I truly don't have any knowledge of this account, by the way, and nothing in anything they have sent me so far indicates the default date on the account.  I think I will have to run a credit report and see what it says.

 

This one:  www.skaarandfeagle.com  LOVES to sue FJH.  Try firms in the Atlanta area.  Just because you aren't in the "big city" doesn't mean they can't help you.  The firms you spoke to are ONLY BK firms not actual consumer attorneys that fight scum like him.  DO NOT give up just yet.

 

A few more to call:

 

www.seclg.com

www.roperlaw.com  this one is in Columbus, GA

www.atlantaconsumerlawyer.com

 

Those should get you started.  As long as the attorney is licensed in GA they can assist you.  Odds are good they will get it tossed without ever having to come to your court.  Another option is a flat low fee to aid you in defending yourself.

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Thank you so much for the referrals.  I had assumed that hiring an attorney from Atlanta (north Georgia) would be immensely expensive, should they have to travel down here to appear here in court, but I will certainly give them a call tomorrow.  I do think I will proceed as best I can with preparing answers and requests -- at least I can do some of the work.  :-)

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I do have a question.  The court has already set a pretrial hearing date of April 5.  The Certificate of Service for the Requests and Interrogatories I received from Hanna is dated March 10 and gives me 30 days, which I assume means April 8, to be conservative.  Is it in my best interest to respond before the hearing date?

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I do have a question.  The court has already set a pretrial hearing date of April 5.  The Certificate of Service for the Requests and Interrogatories I received from Hanna is dated March 10 and gives me 30 days, which I assume means April 8, to be conservative.  Is it in my best interest to respond before the hearing date?

 

Yes it is in your best interest to respond but I would tick off Hanna and file for an extension due to the late arrival of his requests for admissions and rogs.  

 

Better yet:  wait until two business days to file you answer and admissions/rogs with the court for him so that when the pretrial happens (basically where they try to bully you into paying up) you can look the court in the eye and honestly state that you are not going to agree to anything due to FJH not answering your admissions and rogs yet and you wish to wait for trial.  Make sure you also mail the admissions and rogs to him CMRR too.

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(Been lurking for years, dealing with a similar issue and have done a lot of research on law firms in GA.)

 

A couple more attorneys in GA who love to sue Hanna and other law firms that work with JDBs:

 

Chuck Pekor 

Daniel DeWoskin

 

Both love to fight Hanna and counter-sue for violations of FDCPA.  

 

The website http://www.fairusenotabuse.com/ has all kinds of news articles and info on Hanna.  

 

Good luck!  

~Busymom

 

I am not a lawyer and do not play one on tv either.  :D

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@cowboycomedian STOP!!

 

The OP is in GA and @ I realize you are excited to be here and get help with your situation but you cannot and SHOULD NOT apply what is required in Oregon to every case.  GA courts are VERY different.  The advice you gave was ALL WRONG.  Many courts have VERY specific rules and very different state laws such as California, Texas, North Carolina all have VERY different procedures.  What court the case is in also makes a huge difference.  

 

 

First of all I am highly offended that you would think one would be "excited" to be here.  I can promise you that I have better things to do with my time then this. But you don't seem to understand when  I posted a responses to this OP questions, I have informed in over and over this applies to Oregon, but here is some generic denial, and use them as appropriate.And when look at the bottom of the responses you have given him, they are the same general denial as me. I find your response to my suggestions very disrespectful, and surely will not  play into this.

 

 

 

Oh and ending, I really hope you can help him. I am not here to argue, simply show him how GENERAL DENIAL WORKS... thanks

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First of all I am highly offended that you would think one would be "excited" to be here.  I can promise you that I have better things to do with my time then this. But you don't seem to understand when  I posted a responses to this OP questions, I have informed in over and over this applies to Oregon, but here is some generic denial, and use them as appropriate.And when look at the bottom of the responses you have given him, they are the same general denial as me. I find your response to my suggestions very disrespectful, and surely will not  play into this.

 

Oh and ending, I really hope you can help him. I am not here to argue, simply show him how GENERAL DENIAL WORKS... thanks

 

 

A general denial works in MOST states.  There are a handful of states where it does not.  In these states there are VERY specific procedures that must be followed.  California is one and why I do not generally answer any questions from that state because I am not experienced in that state and getting it wrong could be fatal to the defendant's case.  

 

Unbunch your panties.  "Excited" as in you got help here and desire to pass on that help.  It happens A LOT but the most common mistake is to assume that what you were told for your circumstances applies in every court.  

 

Those of us from GA KNOW to ask if the attorney we are discussing is involved as there are very specific ways to deal with him and defeat him.  You would have NO way of knowing that.  We also know to ask which county the case is in as some are VERY creditor friendly and others are very objective.  Knowing which way the court leans aids in crafting a defense as well.  GA also has recently made a change to their business records laws which has affected debt collection cases as well.  GA also has one of the highest small claims court/Magistrate Court limits in the country and in Magistrate Court discovery, admissions, and interrogatories are not allowed unless there is special permission from the court which is almost never granted.

 

All I am saying to you is that before you jump in and tell someone "just say, do, or file this"  check what state they are from and know SOMETHING about their laws and procedures before you leap to answer.

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A general denial works in MOST states.  There are a handful of states where it does not.  In these states there are VERY specific procedures that must be followed.  California is one and why I do not generally answer any questions from that state because I am not experienced in that state and getting it wrong could be fatal to the defendant's case.  

 

Unbunch your panties.  "Excited" as in you got help here and desire to pass on that help.  It happens A LOT but the most common mistake is to assume that what you were told for your circumstances applies in every court.  

 

Those of us from GA KNOW to ask if the attorney we are discussing is involved as there are very specific ways to deal with him and defeat him.  You would have NO way of knowing that.  We also know to ask which county the case is in as some are VERY creditor friendly and others are very objective.  Knowing which way the court leans aids in crafting a defense as well.  GA also has recently made a change to their business records laws which has affected debt collection cases as well.  GA also has one of the highest small claims court/Magistrate Court limits in the country and in Magistrate Court discovery, admissions, and interrogatories are not allowed unless there is special permission from the court which is almost never granted.

 

All I am saying to you is that before you jump in and tell someone "just say, do, or file this"  check what state they are from and know SOMETHING about their laws and procedures before you leap to answer.

If all of us ONLY responded to the states that apply to us, I am sure a lot of the threads would be hearing "crickets".. Thus why one would simply state, this is MY responses, and this is what it looks like.. Do the study's on what your state requires, and if you if you look at my response that is what I stated. 

 

'Unbunch your panties.  "Excited" as in you got help here and desire to pass on that help.  It happens A LOT but the most common mistake is to assume that what you were told for your circumstances applies in every court.  

 

Again, I could say the same to you as well, as you seemed to get very EXCITED about telling the OP not to listen to me.

 

I think you need to go back and read my answers to the OP, I told him over and over this is in the state of Oregon, and to do your study's. oh and lets not forget your answers to his denial were exactly like MINE.. Lets not forget that.  

 

 

Thanks, 

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Again, I could say the same to you as well, as you seemed to get very EXCITED about telling the OP not to listen to me.

 

I think you need to go back and read my answers to the OP, I told him over and over this is in the state of Oregon, and to do your study's. oh and lets not forget your answers to his denial were exactly like MINE.. Lets not forget that.  

 

I consider it urgent when I know that the person responding is CLUELESS about the courts in GA.  

 

Your advice was NOT exactly like mine because mine includes several referrals to appropriate attorneys that can aid the OP in not only defeating this suit but suing FJH for the legal violations he has probably committed.  It also was SIMILAR to yours ONLY after I determined he is indeed in Circuit Court and NOT Magistrate Court which would have been an entirely different process.

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I consider it urgent when I know that the person responding is CLUELESS about the courts in GA.  

 

Your advice was NOT exactly like mine because mine includes several referrals to appropriate attorneys that can aid the OP in not only defeating this suit but suing FJH for the legal violations he has probably committed.  It also was SIMILAR to yours ONLY after I determined he is indeed in Circuit Court and NOT Magistrate Court which would have been an entirely different process.

First of all, I never stated I was an expert in GA law. The OP asked how to answer questions,and in response I answered. Which lets not forget you're answer was exactly the same as mine, so for someone who is "clueless" I guess I did pretty good, yes? Also, I suggest you take the time and learn how to response on a public board with out coming across as a board bully. At this point, the OP asked a question, in which I answered. If you don't agree with something a "responding party" has answered then LEARN how to put you're thoughts together without calling someone clueless.  As of now you have come across as a board bully to me.

 

Also, the OP never asked for laws or links, had they then I would have never responded as I am not familiar with GA links or court rules. I simply gave my responses to the OP, and lets not forget there the same as your's. I am very happy that you were able to give the OP more links, but I really feel you lack a lot of class, as your points and post comes across as a board bully. 

 

IN ENDING, THIS IS TO THE OP:

 

I am sorry your thread has been hijacked but I didn't appreciate the comments made by this party and here to defend my postings to you. Also, lets not forget in the ending, their response to you was exactly as mine. Take this time to put your answers together, GLTU

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@the OP: None of that stuff about Fleet Bank, etc, is actually true.

 

One of the biggest hurdles that any JDB buying debt from BoA has to clear is this: ALL the Bills of Sale say FIA. NONE of the supporting documentation does. There is no explanation as to how FIA became successor in right and title to the sold accounts, so that they, as a corporate entity, could sell them. 

 

It's possible that the explanation is contained in the actual sales contract. But that is not disclosed with the pitiful discovery that defendants and trial courts are offered. 

 

If you can't convince the court that you are being mistakenly sued on an account that is not yours, you should easily be able to show lack of standing. IOW: IF THERE IS A DEBT, Hanna doesn't own it.

 

I'm dealing with a different JDB, but the same OC. Fun and games. Fun and games.

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