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Help with Discovery and Interrogatories (UPDATE: Help with settlement agreement? post 48)


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So I'm being sued by Asset Acceptance for ~$3500 for a GE/PayPal credit card. So far, I've answered the lawsuit and now they've sent discovery and interrogatories, along with 2 statements, 1 that was a full statement (doesn't show any charges, just the balance and payment due) and 1 statement showing the balance being charged off. Some of the things on the discovery/interrogatories seem like there's no way I could answer without incriminating or perjuring myself. I'm going to post them all below, if anyone could help, I'd surely appreciate it! I modified numbers and anything that could point to my case directly. :-)

 

ADMISSIONS
 
1. You owned a revolving charge account (credit card) with GE/PayPal.
 
2. The revolving charge account (credit card) you had with GE/PayPal was numbered XXXXXXXXXXXXXXXX.
3. You contracted for and received credit from GE/PayPal, on the terms set forth in the document or documents attached hereto.  Each document attached to these requests is an authentic copy of an original.  These documents are as follows:
a. Statement, account ending in XXXX, Payment Due Date:  07/07/11, 3 pages,
b. Statement, account ending in XXXX, Payment Due Date:  01/15/12, 1 page.
 
4. You resided at the address listed on the above mentioned documents on the dates reflected on the documents.
 
5. You received copies of the documents listed in Request for Admission #3 by United States Mail.
 
6. The copies of the statements referred to in Request for Admission #3 and attached to these requests are identical and unaltered copies of the documents you received by United States Mail on or about the listed statement date(s).
 
7. You never complained or notified the United States Post Office that you were receiving mail that did not belong to you.
 
8. You never complained or notified the United States Post Office that you were not receiving mail at your residence.
 
9. You never notified or complained to Asset Acceptance, LLC/GE/PayPal that you believed you were receiving account statements for an account that did not belong to you.
 
10. The revolving charge account (credit card) with GE/PayPal, referred to above, was opened on 09/19/2007.
 
11. The revolving charge account (credit card) with GE/PayPal referred to above, was charged-off on 01/12/2012.
 
12. You last made a payment on the revolving charge account (credit card) referred to above on 06/07/2011.
 
13. As of this date, you do not have any evidence of a payment made since the date of the charge-off, said date being 01/12/2012.
 
14. You used the revolving charge account (credit card) with GE/PayPal to purchase goods or services, or to obtain cash advances.
 
15. You never disputed in writing, any charges on the revolving charge account (credit card) with either GE/PayPal or plaintiff.
 
16. You agree that you owe the plaintiff the amount alleged in the complaint that was filed on 07/10/2014.
 
17. Plaintiff is the real party in interest and the correct party to bring suit.
 
Now I know that 16 and 17 will be easy denials because they are NOT the original creditor but I'm kind of stuck on a lot of the other ones, especially the addresses, whether I opened the card, and whether I notified the postal service of getting my mail or other people's mail.
 
Now here are the interrogatories:
 
INTERROGATORIES
 
1. Provide your full name, last four (4) digits of your social security number and date of birth.
ANSWER:
2. Provide each address at which you resided during the last six (6) years.
ANSWER:
3. Did you have a revolving charge account (credit card) with GE/PayPal?
ANSWER:
4. Did the revolving charge account (credit card) with GE/PayPal have a number of XXXXXXXXXXXXXXXX?
ANSWER:
5. Did you use the revolving charge account (credit card) with GE/PayPal to purchase goods or services, or to obtain cash advances?
ANSWER:
6. Did you ever dispute, in writing, owing any amounts to GE/PayPal, as it pertained to charges on the revolving charge (credit card) referred to above?  If your answer to this Interrogatory is “yes”, attach a copy of every written dispute to your answers to these Interrogatories.
ANSWER:
7. State the date and amount of every payment you have made since the date of charge-off, said date being 01/12/2012.
ANSWER:
8. Did you receive the account statements attached to Plaintiff’s First Request for Admissions by United States Mail at the address listed on said statements around the date listed on the statements?
ANSWER:
9. Were the account statements attached to Plaintiff’s First Request for Admissions unaltered, true and accurate copies of the statements you received by United States Mail around the dates listed on the statements?
ANSWER:
10. If you answered in the negative to Interrogatory No. 3 or 4, please explain why statements were sent to your address bearing your name and address.
ANSWER:
11. If you answered in the negative to Interrogatory No. 8, please explain if you notified the United States Postal Service or GE/PayPal that you were not receiving mail at the address at which you resided.
ANSWER:
12. If you believe that you do not owe this debt as alleged in the complaint, please explain your defense, dispute, allegation, or legal contention you intend to assert in this matter.
ANSWER:

 

Again, any advice that I could get would be great!

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@jessarox

 

Is this your account? Yes

 

Is the given date of last payment correct? I'm not sure.

 

What evidence have they provided so far? Two statements. There was also an affidavit of debt signed by A. Bialkowski

 

If they've provided any credit card statements, do those statements show charges and payments made by you? One shows a phone payment that I don't remember making but no charges. The other shows no payments or charges but shows the account being charged off.

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@jessarox

 

Don't assume that the JDB's dates and "facts" are correct.  The first thing I'd do is check my bank records to see if I made the payment they claim was made on 6/06/2011.  Then I'd check my records for the phone payment.   If those payments are not reflected, you can deny them. 

 

If they are reflected, you might state that "After a reasonable search, Defendant has insufficient information to admit or deny.   Without waiving the foregoing, Defendant denies."

 

Since the credit card statements showed no charges, that same response could apply to admission requests 1, 2, and 3, for example.

 

5. You received copies of the documents listed in Request for Admission #3 by United States Mail.
 
6. The copies of the statements referred to in Request for Admission #3 and attached to these requests are identical and unaltered copies of the documents you received by United States Mail on or about the listed statement date(s).

 

 

5.  Do you remember receiving them in the mail?  If not, deny.

 

6. Inasmuch as Defendant has denied receiving copies of the documents listed in Request for Admission #3 by United States Mail, Defendant denies.

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Don't assume that the JDB's dates and "facts" are correct.  The first thing I'd do is check my bank records to see if I made the payment they claim was made on 6/06/2011.  Then I'd check my records for the phone payment.   If those payments are not reflected, you can deny them. 

 

That's the thing, the bank account I used back then has been closed. Actually, the whole bank closed and the customer base was sold to another bank. Do you think that hurts or helps me?

 

 

5.  Do you remember receiving them in the mail?  If not, deny.

 

6. Inasmuch as Defendant has denied receiving copies of the documents listed in Request for Admission #3 by United States Mail, Defendant denies.

 

OH, I thought they meant receiving them right now when they sent me a copy. Thanks @BV80!

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@jessarox

 

That's the thing, the bank account I used back then has been closed. Actually, the whole bank closed and the customer base was sold to another bank. Do you think that hurts or helps me?

 

 

Are your records from 2011 and before still available? 

 

 

OH, I thought they meant receiving them right now when they sent me a copy.

 

 

My suggested response was based on the following interrogatory.

 

9. Were the account statements attached to Plaintiff’s First Request for Admissions unaltered, true and accurate copies of the statements you received by United States Mail around the dates listed on the statements?

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Just my opinion but I would answer these this way:

 

3. You contracted for and received credit from GE/PayPal, on the terms set forth in the document or documents attached hereto.  Each document attached to these requests is an authentic copy of an original.  These documents are as follows:

a. Statement, account ending in XXXX, Payment Due Date:  07/07/11, 3 pages,

b. Statement, account ending in XXXX, Payment Due Date:  01/15/12, 1 page.

OBJECTION:  Defendant is not a qualified expert as to the records of the creditor as alleged in the complaint and therefore unable to testify to the authenticity of the documents provided by Plaintiff.

 

4. You resided at the address listed on the above mentioned documents on the dates reflected on the documents.

ADMITTED:  Defendant has resided at 1313 Mockingbird Lane from xx-xx-year until present or last date of residence.

 

5. You received copies of the documents listed in Request for Admission #3 by United States Mail.

DENIED.  Defendant has never received copies of the documents listed in Admission #3.

 

6. The copies of the statements referred to in Request for Admission #3 and attached to these requests are identical and unaltered copies of the documents you received by United States Mail on or about the listed statement date(s).

DENIED.  Defendant has denied receiving any copies of alleged documents and is not a qualified expert to authenticate that the documents are identical unaltered copies.

 

7. You never complained or notified the United States Post Office that you were receiving mail that did not belong to you.

OBJECTION:  Irrelevant to the complaint as filed.  Defendant may have received mail that did not belong to them but would have marked it return to sender and is not required to notify the United States Post Office of errors in delivery.

8. You never complained or notified the United States Post Office that you were not receiving mail at your residence.

OBJECTION:  Irrelevant to the complaint as filed.  Defendant does not recall every instance of possible missing mail therefore would have no reason to notify the US Post Office of errors in delivery.

 

9. You never notified or complained to Asset Acceptance, LLC/GE/PayPal that you believed you were receiving account statements for an account that did not belong to you.

OBJECTION:  Defendant has no legal obligation to notify Plaintiff or creditors of their errors in sending account statements to the wrong consumer. 

 

10. The revolving charge account (credit card) with GE/PayPal, referred to above, was opened on 09/19/2007.

DENIED:  Plaintiff has provided no proof that Defendant has ever opened an account with GE/PayPal.

 

11. The revolving charge account (credit card) with GE/PayPal referred to above, was charged-off on 01/12/2012.

DENIED:  Plaintiff has provided no credible proof or reliable evidence by which Defendant could reasonably be expected to answer.

 

12. You last made a payment on the revolving charge account (credit card) referred to above on 06/07/2011.

DENIED:  Plaintiff has provided no credible proof or reliable evidence by which Defendant could reasonably be expected to answer.

13. As of this date, you do not have any evidence of a payment made since the date of the charge-off, said date being 01/12/2012.

ADMITTED.  Defendant denies ever making a payment before or after the account as alleged in the complaint was charged off.

 

14. You used the revolving charge account (credit card) with GE/PayPal to purchase goods or services, or to obtain cash advances.

DENIED.  Plaintiff has submitted no evidence that Defendant personally used any such account and is responsible for the alleged debts to the Plaintiff.

 

15. You never disputed in writing, any charges on the revolving charge account (credit card) with either GE/PayPal or plaintiff.

ADMITTED.  Without waving any defenses Defendant denies using the card as alleged in the complaint therefore would not have disputed any charges.

 

16. You agree that you owe the plaintiff the amount alleged in the complaint that was filed on 07/10/2014.

DENIED.  Defendant has never entered into any contract or credit agreement with Plaintiff for any goods or services.  Discovery and trial preparation are ongoing and to date Plaintiff has provided no evidence by which Defendant could reply with anything other than an unqualified denial.

17. Plaintiff is the real party in interest and the correct party to bring suit.

DENIED.  Defendant has never entered into any contract or credit agreement with Plaintiff for any goods or services and therefore would not be a real party of interest.  Discovery and trial preparation are ongoing and to date Plaintiff has provided no evidence by which Defendant could reply with anything other than an unqualified denial.

 


INTERROGATORIES

 

1. Provide your full name, last four (4) digits of your social security number and date of birth.

ANSWER:  Herman Munster.  OBJECTION:  social security number and date of birth are irrelevant to the complaint as filed and immaterial.

2. Provide each address at which you resided during the last six (6) years.

ANSWER:  Defendant currently resides at 1313 Mockingbird Lane from (date) until present.  OBJECTION to prior addresses as irrelevant to the complaint as filed

3. Did you have a revolving charge account (credit card) with GE/PayPal?

ANSWER:

4. Did the revolving charge account (credit card) with GE/PayPal have a number of XXXXXXXXXXXXXXXX?

ANSWER:

5. Did you use the revolving charge account (credit card) with GE/PayPal to purchase goods or services, or to obtain cash advances?

ANSWER:

6. Did you ever dispute, in writing, owing any amounts to GE/PayPal, as it pertained to charges on the revolving charge (credit card) referred to above?  If your answer to this Interrogatory is “yes”, attach a copy of every written dispute to your answers to these Interrogatories.

ANSWER:

7. State the date and amount of every payment you have made since the date of charge-off, said date being 01/12/2012.

ANSWER:  OBJECTION:  Overly broad and burdensome.  Defendant lacks documentation in their possession by which they could reasonably be expected to answer.

8. Did you receive the account statements attached to Plaintiff’s First Request for Admissions by United States Mail at the address listed on said statements around the date listed on the statements?

ANSWER:  DENIED.

9. Were the account statements attached to Plaintiff’s First Request for Admissions unaltered, true and accurate copies of the statements you received by United States Mail around the dates listed on the statements?

ANSWER:  OBJECTION:  Defendant is not a qualified expert as to the records of the alleged creditor as alleged in the complaint and therefore unable to testify to the authenticity of the documents provided by Plaintiff.

10. If you answered in the negative to Interrogatory No. 3 or 4, please explain why statements were sent to your address bearing your name and address.

ANSWER:  OBJECTION.  Defendant is unable to testify as to the intent of the actions of a third party.

11. If you answered in the negative to Interrogatory No. 8, please explain if you notified the United States Postal Service or GE/PayPal that you were not receiving mail at the address at which you resided.

ANSWER:  Defendant had no reasonable fact pattern or legal obligation to notify the US Postal Service of potential missing mail.

12. If you believe that you do not owe this debt as alleged in the complaint, please explain your defense, dispute, allegation, or legal contention you intend to assert in this matter.

ANSWER:  Plaintiff has provided no credible or accurate proof that Defendant is legally responsible for the debt as alleged in the complaint or that they have legal standing to sue as the true party in interest.

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@jessarox

 

 

Are your records from 2011 and before still available? 

 

 

 

My suggested response was based on the following interrogatory.

 

9. Were the account statements attached to Plaintiff’s First Request for Admissions unaltered, true and accurate copies of the statements you received by United States Mail around the dates listed on the statements?

 

I don't personally have the records any more and I believe that since I closed the account before the acquisition fully took place that the new bank didn't get my records either. But I will call and see if they have them.

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Just my opinion but I would answer these this way:
 
3. You contracted for and received credit from GE/PayPal, on the terms set forth in the document or documents attached hereto.  Each document attached to these requests is an authentic copy of an original.  These documents are as follows:
a. Statement, account ending in XXXX, Payment Due Date:  07/07/11, 3 pages,
b. Statement, account ending in XXXX, Payment Due Date:  01/15/12, 1 page.
OBJECTION:  Defendant is not a qualified expert as to the records of the creditor as alleged in the complaint and therefore unable to testify to the authenticity of the documents provided by Plaintiff.
 
4. You resided at the address listed on the above mentioned documents on the dates reflected on the documents.
ADMITTED:  Defendant has resided at 1313 Mockingbird Lane from xx-xx-year until present or last date of residence.
 
5. You received copies of the documents listed in Request for Admission #3 by United States Mail.
DENIED.  Defendant has never received copies of the documents listed in Admission #3.
 
6. The copies of the statements referred to in Request for Admission #3 and attached to these requests are identical and unaltered copies of the documents you received by United States Mail on or about the listed statement date(s).
DENIED.  Defendant has denied receiving any copies of alleged documents and is not a qualified expert to authenticate that the documents are identical unaltered copies.
 
7. You never complained or notified the United States Post Office that you were receiving mail that did not belong to you.
OBJECTION:  Irrelevant to the complaint as filed.  Defendant may have received mail that did not belong to them but would have marked it return to sender and is not required to notify the United States Post Office of errors in delivery.
8. You never complained or notified the United States Post Office that you were not receiving mail at your residence.
OBJECTION:  Irrelevant to the complaint as filed.  Defendant does not recall every instance of possible missing mail therefore would have no reason to notify the US Post Office of errors in delivery.
 
9. You never notified or complained to Asset Acceptance, LLC/GE/PayPal that you believed you were receiving account statements for an account that did not belong to you.
OBJECTION:  Defendant has no legal obligation to notify Plaintiff or creditors of their errors in sending account statements to the wrong consumer. 
 
10. The revolving charge account (credit card) with GE/PayPal, referred to above, was opened on 09/19/2007.
DENIED:  Plaintiff has provided no proof that Defendant has ever opened an account with GE/PayPal.
 
11. The revolving charge account (credit card) with GE/PayPal referred to above, was charged-off on 01/12/2012.
DENIED:  Plaintiff has provided no credible proof or reliable evidence by which Defendant could reasonably be expected to answer.
 
12. You last made a payment on the revolving charge account (credit card) referred to above on 06/07/2011.
DENIED:  Plaintiff has provided no credible proof or reliable evidence by which Defendant could reasonably be expected to answer.
13. As of this date, you do not have any evidence of a payment made since the date of the charge-off, said date being 01/12/2012.
ADMITTED.  Defendant denies ever making a payment before or after the account as alleged in the complaint was charged off.
 
14. You used the revolving charge account (credit card) with GE/PayPal to purchase goods or services, or to obtain cash advances.
DENIED.  Plaintiff has submitted no evidence that Defendant personally used any such account and is responsible for the alleged debts to the Plaintiff.
 
15. You never disputed in writing, any charges on the revolving charge account (credit card) with either GE/PayPal or plaintiff.
ADMITTED.  Without waving any defenses Defendant denies using the card as alleged in the complaint therefore would not have disputed any charges.
 
16. You agree that you owe the plaintiff the amount alleged in the complaint that was filed on 07/10/2014.
DENIED.  Defendant has never entered into any contract or credit agreement with Plaintiff for any goods or services.  Discovery and trial preparation are ongoing and to date Plaintiff has provided no evidence by which Defendant could reply with anything other than an unqualified denial.
17. Plaintiff is the real party in interest and the correct party to bring suit.
DENIED.  Defendant has never entered into any contract or credit agreement with Plaintiff for any goods or services and therefore would not be a real party of interest.  Discovery and trial preparation are ongoing and to date Plaintiff has provided no evidence by which Defendant could reply with anything other than an unqualified denial.
 
INTERROGATORIES
 
1. Provide your full name, last four (4) digits of your social security number and date of birth.
ANSWER:  Herman Munster.  OBJECTION:  social security number and date of birth are irrelevant to the complaint as filed and immaterial.
2. Provide each address at which you resided during the last six (6) years.
ANSWER:  Defendant currently resides at 1313 Mockingbird Lane from (date) until present.  OBJECTION to prior addresses as irrelevant to the complaint as filed
3. Did you have a revolving charge account (credit card) with GE/PayPal?
ANSWER:
4. Did the revolving charge account (credit card) with GE/PayPal have a number of XXXXXXXXXXXXXXXX?
ANSWER:
5. Did you use the revolving charge account (credit card) with GE/PayPal to purchase goods or services, or to obtain cash advances?
ANSWER:
6. Did you ever dispute, in writing, owing any amounts to GE/PayPal, as it pertained to charges on the revolving charge (credit card) referred to above?  If your answer to this Interrogatory is “yes”, attach a copy of every written dispute to your answers to these Interrogatories.
ANSWER:
7. State the date and amount of every payment you have made since the date of charge-off, said date being 01/12/2012.
ANSWER:  OBJECTION:  Overly broad and burdensome.  Defendant lacks documentation in their possession by which they could reasonably be expected to answer.
8. Did you receive the account statements attached to Plaintiff’s First Request for Admissions by United States Mail at the address listed on said statements around the date listed on the statements?
ANSWER:  DENIED.
9. Were the account statements attached to Plaintiff’s First Request for Admissions unaltered, true and accurate copies of the statements you received by United States Mail around the dates listed on the statements?
ANSWER:  OBJECTION:  Defendant is not a qualified expert as to the records of the alleged creditor as alleged in the complaint and therefore unable to testify to the authenticity of the documents provided by Plaintiff.
10. If you answered in the negative to Interrogatory No. 3 or 4, please explain why statements were sent to your address bearing your name and address.
ANSWER:  OBJECTION.  Defendant is unable to testify as to the intent of the actions of a third party.
11. If you answered in the negative to Interrogatory No. 8, please explain if you notified the United States Postal Service or GE/PayPal that you were not receiving mail at the address at which you resided.
ANSWER:  Defendant had no reasonable fact pattern or legal obligation to notify the US Postal Service of potential missing mail.
12. If you believe that you do not owe this debt as alleged in the complaint, please explain your defense, dispute, allegation, or legal contention you intend to assert in this matter.
ANSWER:  Plaintiff has provided no credible or accurate proof that Defendant is legally responsible for the debt as alleged in the complaint or that they have legal standing to sue as the true party in interest.

 

 

Thank you so much! This gives me a great starting point. =D

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@jessarox

 

The objections to the admissions probably work just fine, but just to be safe, I might add:

 

"Without waiving the foregoing objection, ___________ (admit, deny, or state that after a reasonable search, Defendant has insufficient information to admit or deny, and therefore denies).

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  • 4 weeks later...

I have a few questions if anyone can answer. One, does anyone know of a template I can use for formatting my answers? Two, is there a deadline for sending my discovery (the questions I'm asking the plaintiff)? The deadline for sending my answers is coming up soon and I still need to write the discovery before I send that. I'm kind of stressing out over here.

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@jessarox

Check your rules to see if discovery requests must be filed with the court. Did the plaintiff include a certificate of service with the discovery requests they sent to you?

 

I looked but didn't see anything in the giant wall of text (http://www.in.gov/judiciary/rules/trial_proc/#_Toc341261794). Yes, they sent a certificate of service. I guess I should just follow their lead? Do you know how I should format the answer? What I have so far is just REQUEST FOR ADMISSION NO. 1 with my response (denial, admission, objection) and so forth.

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@jessarox

I would follow their lead. You could write a certificate of service and that should suffice. To be safe, along with including a certificate of service, you could also send the responses to the attorney by certified mail. Sending them by certified would provide you with a tracking number and would enable you to prove, if necessary, when the attorney received the responses.

Be sure to make an extra copy of the certificate of service for your records.

Your responses should be formatted just like their requests. Court header, party names, case number, etc. Number your responses in correlation with the requests.

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@jessarox

I would follow their lead. You could write a certificate of service and that should suffice. To be safe, you could also send the responses to the attorney by certified mail. Sending them by certified would provide you with a tracking number and would enable you to prove, if necessary, when the attorney received the responses.

Your responses should be formatted just like their requests. Court header, party names, case number, etc. Number your responses in correlation with the requests.

Thanks! I've been researching all morning and everyone has a different example. Some have the original statement and then the response and others are just numbered. I couldn't decide what to do and didn't see any specific rules anywhere.

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I'm still stuck on what to say for these Interrogatories:

3. Did you have a revolving charge account (credit card) with GE/PayPal?

ANSWER:

4. Did the revolving charge account (credit card) with GE/PayPal have a number of XXXXXXXXXXXXXXXX?

ANSWER:

5. Did you use the revolving charge account (credit card) with GE/PayPal to purchase goods or services, or to obtain cash advances?

ANSWER:6

. Did you ever dispute, in writing, owing any amounts to GE/PayPal, as it pertained to charges on the revolving charge (credit card) referred to above? If your answer to this Interrogatory is “yes”, attach a copy of every written dispute to your answers to these Interrogatories.

ANSWER:

I was thinking of something along the lines of yes, I had an account with PayPal in the past but I do not remember anything about it.
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@jessarox

Unless your rules say otherwise, if you want to be safe, you could copy each request and provide your corresponding answer underneath. That's what I did when I was sued.

Thank you, I'm going to do that. It's easier anyway since they provided a CD with the original document. All I have to do is change wording stuff around, add my responses and I'm done. :)

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I'm still stuck on what to say for these Interrogatories:I was thinking of something along the lines of yes, I had an account with PayPal in the past but I do not remember anything about it.

 

I think that will depend on the strategy you are following, you can dany ever having such account, or you can dany knowlege of such account.

in my case, since plaintiff did not send any evidence or exhibits attached to the complaint and they objected to my request to BOP, it was very easy for me to denied they interrogatories "Denied. Defendant states that after reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit, thererfore Defendant denies. "

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I think that will depend on the strategy you are following, you can dany ever having such account, or you can dany knowlege of such account.

in my case, since plaintiff did not send any evidence or exhibits attached to the complaint and they objected to my request to BOP, it was very easy for me to denied they interrogatories "Denied. Defendant states that after reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit, thererfore Defendant denies. "

Well, they sent me two statements but none with charges, just one that showed a balance and one of the balance being charged off. Correct name and address but nothing to prove I actually spent the money.

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