Credit and Debt Problems Forums http://www.creditinfocenter.com/forums/ Debt consolidation credit counseling giving free credit reports for credit repair and consumer credit counseling. Bill consolidation by utilizing low interest credit cards can repair credit and rebuild credit to avoid bankruptcy en Mon, 28 May 2012 15:23:16 GMT vBulletin 60 http://www.creditinfocenter.com/forums/images/styles/bluedeluxe/misc/rss.jpg Credit and Debt Problems Forums http://www.creditinfocenter.com/forums/ TheCreditInfoCenterForumshttp://feedburner.google.com Buckle up for this one, Amerikaner83! http://www.creditinfocenter.com/forums/off-topic/314151-buckle-up-one-amerikaner83.html Mon, 28 May 2012 06:15:42 GMT So, my wife tells me I'm not supposed to be telling anyone aside from the family we've already told and a few folks at work... but since nobody here really "knows me", I figure I'll share it with the community...
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I'm going to be a Daddy!


My wife is ::preggers:, and this will be our first. Due date is in January, so it's still super-early in the process. I've got the next 7 months to grow the hell up and get ready for it.


Ooh boy, this'll be an interesting ride! ]]> Off Topic Amerikaner83 http://www.creditinfocenter.com/forums/off-topic/314151-buckle-up-one-amerikaner83.html <![CDATA[Commons Counts & BOP request respond http://www.creditinfocenter.com/forums/images/s]]> http://www.creditinfocenter.com/forums/there-lawyer-house/314150-commons-counts-bop-request-respond-http-www-creditinfocenter-com-forums-images-s.html Sun, 27 May 2012 23:08:39 GMT Complaint by Citibank,N.A. OC on: Open book account; Account stated; for money lent by plaintiff, etc....; and for money paid, laid out, and... Complaint by Citibank,N.A. OC on:
Open book account; Account stated; for money lent by plaintiff, etc....; and for money paid, laid out, and expended ,etc...

I requested BOP and they responded with Zales billing statements from zero balance to the balance they are suing me for. The transactions are not itemized, just said "Purchase" and "Payment".

*** I am confused, in California, is that consider legit respond to BOP request? I think I ask this question before, but just want a clear final answer before I put the BOP thing to rest..... http://www.creditinfocenter.com/foru...grinangelA.gif ]]> Is There a Lawyer in the House dial001 http://www.creditinfocenter.com/forums/there-lawyer-house/314150-commons-counts-bop-request-respond-http-www-creditinfocenter-com-forums-images-s.html SC Complaint -JDB atty signs affidavit?? http://www.creditinfocenter.com/forums/there-lawyer-house/314149-sc-complaint-jdb-atty-signs-affidavit.html Sun, 27 May 2012 22:52:23 GMT Wi. Midland filed SC Complaint via Kohn Law Office, using one of the firm's attorneys to sign the complaint, under which, on the same page, reads:

"Under oath, I state that the above complaint is true, except in those matters stated upon information and belief, and as to those matters, I believe them to be true."

Is this Midland's "affidavit?" This case has been back and forth in court, with ROGS, etc. pending and a court date in June. Isn't an affidavit (not just a mailing one) necessary to pursue legally? ]]> Is There a Lawyer in the House Ms_Nomer http://www.creditinfocenter.com/forums/there-lawyer-house/314149-sc-complaint-jdb-atty-signs-affidavit.html Assignee or Owner? http://www.creditinfocenter.com/forums/there-lawyer-house/314148-assignee-owner.html Sun, 27 May 2012 22:44:11 GMT Midland filed a SC claim last fall, stating they were the assignee of alleged account. Now Midland has provided a odd looking BILL OF SALE stating... Midland filed a SC claim last fall, stating they were the assignee of alleged account. Now Midland has provided a odd looking BILL OF SALE stating Dell Funding SOLD the alleged account to them (Midland.)

Does this fact affect authenticity of further court :?:proceedings? ]]> Is There a Lawyer in the House Ms_Nomer http://www.creditinfocenter.com/forums/there-lawyer-house/314148-assignee-owner.html Response to debt validation, now what? http://www.creditinfocenter.com/forums/collections/314147-response-debt-validation-now-what.html Sun, 27 May 2012 14:22:02 GMT Responded to a collection agency with a simple debt validation request, and noted that the debt, or a portion thereof is in dispute. I got back some... Responded to a collection agency with a simple debt validation request, and noted that the debt, or a portion thereof is in dispute. I got back some stupid little one page tally sheet that is hardly validation, and hardly what I needed. The goofy piece of paper they sent me certainly would never be sufficient to prove a debt in court. It's just basically a statement sheet from the oc, showing a grossly incorrect and inflated balance.

So what should the content of my next letter be. Inform them that their "proof" is grossly insufficient? A cease and desist letter? Hell if I know, help me out here I'm in new territory... ]]> Collections Psycho http://www.creditinfocenter.com/forums/collections/314147-response-debt-validation-now-what.html MTD - Lying Scum Atty - critique? http://www.creditinfocenter.com/forums/there-lawyer-house/314146-mtd-lying-scum-atty-critique.html Sun, 27 May 2012 10:28:36 GMT Backstory: CA missed window to file complaint after summons. Instead of starting over, CA doctored the documents, falsified service dates and... Backstory:
CA missed window to file complaint after summons. Instead of starting over, CA doctored the documents, falsified service dates and filed them anyway. Having a feeling I could not trust the situation I stayed on top it: Good thing because the CA was positioning me for a default judgment.

Anyway, after a court order to show cause, CA immediately files MSJ -- on a case that should have been dismissed according to Civil Code.

MSJ is active and on record. I'm responding with an MTD (is that a good plan? -- I also have the option to MTC?)

Here is my MTD.

Thoughts?


MOTION TO DISMISS

NOW COMES Defendant, appearing pro se for its Motion To Dismiss and as grounds thereto states the following:

1. On (date), Plaintiff served Summons and Complaint on Defendant as per statute. State Civil Code Rule X states, “A civil action is commenced (1) by filing a complaint with the court, or (2) by service of a summons together his/her with a copy of the complaint in accordance with Rule X.”

2. Rule X(2) goes on to state, “If the action is commenced by the service of a summons and a copy of the complaint, then the complaint, the summons and proof of service, must be filed within ten days of such service.”

3. Defendant filed an Answer on [date]-- which date was 20 days after service of summons and complaint.

4. When Defendant filed his/her Answer on [date] there was neither a complaint, nor case number to attach it to: Plaintiff had not filed his/her complaint -- even 20 days of after service.

5. According to State Civil Code Rule X(a)(2) if a complaint is not filed within 10 days of service, it is deemed dismissed by the courts and out of jurisdiction: “If, in a case commenced under paragraph (a)(2) of this rule, the complaint, summons and proof of service are not filed within ten days of service, the action commenced shall be deemed dismissed and the court shall have no further jurisdiction thereof.”

6. As Plaintiff had not filed, and as the service was past statute, and as the complaint was summarily deemed dismissed according to the Civil Code, Defendant did not have reason to believe Plaintiff would commence the suit; this logic is supported by the Plaintiff’s summon’s promise, “If the complaint is not filed with the court within 10 business days after service of this summons upon you, then you do not need to file an answer to the complaint.” (Exhibit A)

7. Instead of honoring the State Civil Code and the language of his/her own summons, Plaintiff alternatively filed complaint in Bad Faith on [date] -- which filing date is in violation of State Rules by XX calendar days.

8. When Plaintiff eventually did file complaint, his/her purported dates of service were fraudulently changed to serve Plaintiff’s purpose. The factual date and time of service is [date] at [time] (Exhibit A). Instead of sustaining this fact, Plaintiff entered a service date of [fake date] -- which alteration accommodated the 10-day calculation needed for Plaintiff’s tortious filing date of [date].

9. Plaintiff never notified Defendant of his/her intent to commence. This concealment obstructed Defendant’s ability to even know a lawsuit had been truly launched against him/her, and thus denied him/her due process.

10. Defendant, only through his/her own diligence and research, discovered the Plaintiff had filed complaint in defiance of statute. Defendant promptly contacted the District court clerk on [date] to confirm Defendant’s suspicions, to retroactively align Defendant’s timely Answer with the Plaintiff’s belated Complaint for court records, for the Defendant’s own protection, and to make certain these violations were noted on court records.

11. Defendant subsequently filed an Amendment to his/her Answer on [date] detailing Plaintiff’s actions, noting his/her damages, and the obstruction of justice caused.

12. Plaintiff did not similarly conduct research to learn if Defendant had already filed an answer to correspond to his/her untimely complaint. Such a finding would not serve his/her purpose of a stealth swift victory. If the Defendant had not called the clerk and matched up the pleadings, he/she would have been deemed admitted and fallen victim to unjust tactics.

13. Plaintiff covertly continued proceedings, and was denied default judgment on [date].

14. The case fell dormant until [much later date] when the Court sent Notice on for an Order To Show Cause and a Hearing to be held on [in a month].

15. Defendant responded to the Court Order by preparing for the hearing where she/he intended to detail the events of the case and move that it be dismissed as per statute and in observation of Plaintiff’s conduct.

16. Plaintiff responded to the Court Order To Show Cause for his/her actions by filing a Motion For Summary Judgment against the Defendant.

17. Because this case was filed in willful violation of State Civil Code, because this court lacks jurisdiction according to statute, because Plaintiff commenced with calculated and deceptive malice, and because Plaintiff’s actions were intended to deny the opponent the due process of law, Defendant moves this Honorable Court to Dismiss with Prejudice.

WHEREFORE, Defendant prays this Honorable Court to Dismiss this case, and with Prejudice.





Respectfully submitted this day


88-)
]]> Is There a Lawyer in the House Diligence http://www.creditinfocenter.com/forums/there-lawyer-house/314146-mtd-lying-scum-atty-critique.html Sued by Cavalry, what can they use as evidence? http://www.creditinfocenter.com/forums/there-lawyer-house/314145-sued-cavalry-what-can-they-use-evidence.html Sun, 27 May 2012 08:03:50 GMT I am being sued by Cavalry SPV... So far they have sent me 2 old credit card statements. Then they sent a bill of sale (not notarized) and the page... I am being sued by Cavalry SPV... So far they have sent me 2 old credit card statements. Then they sent a bill of sale (not notarized) and the page behind it had a blank paper with 4 lines that said my name account number ssn, amount i supposedly owed, etc. Is this an authentic document? It looks like anyone could have typed this up. Can they give these documents as evidence in trial even though they are not notarized?

(I have already filed a general denial and sent them request for BOP.. still waiting for them to respond) ]]> Is There a Lawyer in the House bxtbunny17 http://www.creditinfocenter.com/forums/there-lawyer-house/314145-sued-cavalry-what-can-they-use-evidence.html Trying to settle a judgement owed to CitiFinancial http://www.creditinfocenter.com/forums/debt-settlement/314144-trying-settle-judgement-owed-citifinancial.html Sun, 27 May 2012 07:03:03 GMT In 2006 I obtained an unsecured loan for $5,000 from CitiFinancial and made some bad choices which left me unable to pay on the debt. Later that... In 2006 I obtained an unsecured loan for $5,000 from CitiFinancial and made some bad choices which left me unable to pay on the debt. Later that year a legal judgement was issued in the amount of $5,300.

I'm now in a position where I could settle the debt for around $3,000 so I recently called CitiFinancial and was told the account was closed and referred to a collections agency. I called the collections agency they referred me to CitiFinancial saying they no longer have it either. I called CitiFinancial back and was referred to the legal department where all I was able to do was leave a voicemail. After several days passing and never getting a response by phone, I sent a certified letter to both Citi and to the collections agency (ER Solutions). I received a response from CitiFinancial about a month later that simply contained all my old payment forms that were to be used to make payments on the account that was now closed out.

ER solutions has contacted me once again offering to settle the debt for 50% of the original amount. I offered to pay it, but requested a written guarantee that the judgement would be lifted upon settlement. They declined to provide the guarantee. They simply said that Citi would be legally required to lift the judgement, otherwise it would be requesting double payment for the same debt. I then asked for this statement in writing and yet again they refused to provide it. Therefore I was left with no option, but to opt out of sending them the payment.

Meanwhile I want to pay the debt, but Citi Financial will not put me directly into contact with someone to discuss a way to pay it off. I would think they'd be eager to speak to me about it, since they haven't gotten one cent from me in 6 years!!!
What do I need to do? Please help!!! ]]> Debt Settlement grldbeasley http://www.creditinfocenter.com/forums/debt-settlement/314144-trying-settle-judgement-owed-citifinancial.html Sued by Razor in CA. Clock is Ticking... http://www.creditinfocenter.com/forums/there-lawyer-house/314143-sued-razor-ca-clock-ticking.html Sun, 27 May 2012 02:58:22 GMT I live near Sacramento, California and am being sued by Razor Capital through Nelson & Kennard (OC Wells Fargo Bank). The amount is $21,776.28 plus interest since 8/31/2009. Should I hire an attorney or attempt myself with the help of this board? Any recos for an attorney? Right now it feels like scary stuff. Thanks Team!

Quote:
Linda
Hi Linda. Your first step, which I did not do is to send a debt validation letter. I'm not sure how different your case will be from mine since mine was a significantly less dollar amount. Razor is ruthless. Please fight back as hard as you can.
Lynne, from your experience, how does their being 'ruthless' show up? Will fighting back mean hiring an attorney, particularly for my exposure at $21k? As for a DV letter, I see on the board pros and cons to that. How do you see it may have helped you?

skippy1960 Thank you Skippy1960... here goes...

Quote:
SlowtoSpeak,
Here is the first thing you may want to do.
1. Start your own thread, so this will help to make sure if some is offering assistance it will be for you case. This thread already has 3 pages and some folks like to read some background prior to giving an answer. They may get your case and the original posters circumstances mixed up...DONE HERE

To help us help you we could use a bit more information-
For example:

You say you have been sue, when did you recieve the summons? S&C date stamped by Placer County court on May 3, 2012 and hand delivered to me May 20, 2012

When did you default or make the last payment on the account, this determines the SOL, on the debt? The Complaint indicates 8/31/2009

Was this a Credit Card or some other type of loan? Credit card with WF

These are some facts that will be helpful for us trying to give you an answer.
S&C received with a Verification from Attny Kennard of NELSON & KENNARD upon identifying correct county venue that, "As to all other matters, I am informed and believe that the matters stated therein are true, and on that ground, I allege that the matters stated therein are true."

I note that Razor Capital has an F rating with the BBB. (I can't post the link as I am a newbie with fewer that 20 posts :-( )

Most grateful to all. I hope to learn so I can also help others (and somehow save my sorry self too.) ]]> Is There a Lawyer in the House SlowtoSpeak http://www.creditinfocenter.com/forums/there-lawyer-house/314143-sued-razor-ca-clock-ticking.html Critique? - MTStay Pending Proceedings http://www.creditinfocenter.com/forums/there-lawyer-house/314142-critique-mtstay-pending-proceedings.html Sun, 27 May 2012 00:36:03 GMT Hey All- I have an MTC Hearing coming up shortly. While waiting, the plaintiff decides to fire off an MSJ :twisted:. I have drafted this MTStay...
Hey All-

I have an MTC Hearing coming up shortly. While waiting, the plaintiff decides to fire off an MSJ :twisted:. I have drafted this MTStay to attempt to freeze the MSJ.

Thoughts? :Director:


MOTION TO STAY ALL PROCEEDINGS PENDING
MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION



NOW COMES Defendant, appearing Pro Se for its Motion To Stay All Proceedings Pending the Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:


1. That on or about XXXX Plaintiff filed its Complaint against Defendant.


2. Defendant sent a letter via certified mail to Plaintiff's attorney on or about electing arbitration with xxxx, and requesting dismissal of this case.


3. Defendant moved this court to compel binding Private Arbitration based on the terms and conditions of the Agreement.


4. The parties are bound by the Agreement. The Arbitration Agreement states:

[citations truncated]
(a)
(b)



5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides:

[citations truncated]
“A … any contract”.

6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states ....

[citations truncated]
"We have described ….. to their terms,... U. S. 468, 478 (1989) ."

Furthermore, "The “…. motion of either party to the agreement . . . "




7. The Defendant elects arbitration to settle this dispute.

8. Defendant filed a Notice To Submit and Request For Hearing, which hearing is forthcoming.

9. Plaintiff has filed for additional proceedings, including but not limited to Motion For Summary Judgment, while the Motion To Compel Arbitration Hearing is forthcoming.

10. Defendant requests a Stay on all other Proceedings with this case, including, but not limited to Motion For Summary Judgment.

10. Defendant moves this Honorable Court to Stay all present and future proceedings, and the proceedings’ required responding timelines therein until The Motion To Compel Arbitration has been explored to its fullest extent.


WHEREFORE, Defendant moves this Honorable Court to Stay all present and future proceedings, and said proceedings’ required responding document timelines therein until The Motion To Compel Private Contractual Arbitration and to Dismiss Or In The Alternative, To Stay Proceedings Pending Arbitration has been explored to its fullest extent, as the Motion To Compel Arbitration affects Subject Matter Jurisdiction.



Respectfully submitted this day … :idea:

Feedback? ]]> Is There a Lawyer in the House Diligence http://www.creditinfocenter.com/forums/there-lawyer-house/314142-critique-mtstay-pending-proceedings.html Backlash from credit repair is beginning! http://www.creditinfocenter.com/forums/collections/314141-backlash-credit-repair-beginning.html Sun, 27 May 2012 00:08:52 GMT Well I disputed most of the negatives on my CR and several have fallen off....this one came back verified about a week ago. Today I get a call... Well I disputed most of the negatives on my CR and several have fallen off....this one came back verified about a week ago.

Today I get a call from Dynamic Recovery Solutions.....the woman was a &*%$#! She said they were trying to collect a little over $1000 for Household Bank.....said "Why don't you just be a man and pay your debt?" I asked for the address of her company...she refused to give it to me.:twisted:
I found there website easy enough. List a physical and PO Box address.

So the dofd on this is 09/2005. I live in Alaska. The debt was allegedly incured while I was living in Alabama/Tennessee. I think the SOL is past on this....what next? Send a cease and desist?

Any help please....I heard that this might happen when I start trying to clean things up.

Kevo ]]> Collections Kevo http://www.creditinfocenter.com/forums/collections/314141-backlash-credit-repair-beginning.html Should I sue PRA for trying to collect 5 years past SOL? http://www.creditinfocenter.com/forums/there-lawyer-house/314140-should-i-sue-pra-trying-collect-5-years-past-sol.html Sat, 26 May 2012 22:35:27 GMT I don't know if I should sue these idiots or send them 1 last letter to remove this from my CR and cease and desist any more contact.

Over the years I have been going on and on with Portfoli0 Rec0very Ass0ciates, about a Sears card just over $500 dollars. Each time I would send a DV letter and would not hear from them for several months. Well this last letter I received in April I DV'd again, and I got a nice letter back from them.

The jist of which says, "the above account number was and it's proceeds were sold, and transfered by Sears to PRA on 7/2003. At the time the seller provided an electronic file of it's business records yada, yada, yada."
Date account opened 9/2000
Last payment 7/2001.

I don't remember this card off hand and I was going through a divorce at the time but anyway how could they, even though they are bottom feeders, even send a letter to someone that has sent them several DV letters stating FDCPA laws a letter stating something 5 years past SOL. Is there even a state that has 10 or 12 year SOL?

I'm open to suggestions as to what to do to get this off my CR and for PRA to stop wasting paper on me. I am going to write a letter to all 3 CRA's to see if PRA validates or if they will remove it.

Thanks in advance. ]]> Is There a Lawyer in the House help4me http://www.creditinfocenter.com/forums/there-lawyer-house/314140-should-i-sue-pra-trying-collect-5-years-past-sol.html Just Got a Declaration i Lieu of Testimony ccp 98, 30 days before trial http://www.creditinfocenter.com/forums/there-lawyer-house/314139-just-got-declaration-i-lieu-testimony-ccp-98-30-days-before-trial.html Sat, 26 May 2012 21:16:25 GMT I'm back!!! Thanks for all the help thus far. I've been away dealing with other things, like "short sale" on rental, Pre-foreclosure on our home and of course TAXES!! Don't know if I'm coming or going these days.

Anyway. Yesterday, Friday, May 25 received from N&K Attorney's office (Court date is scheduled for June 27th).

1. Declaration in Lieu of Testimony from "authorized representative of JDB", signed in the City of Norcross, State of Georgia. Under Penalty of Perjury, but not notarized. Appointing "National Legal File & Serve, Inc. c/o Aline Shirvani to accept service in this matter on my behalf. The address where I will be available for service of process for a reasonable time during the twenty days immediately prior to trial is: ___________ withing 150 miles of the place of trial.

EXHIBITS:
1. Assignment of Account (which is a Bill of Sale, without my name or acct number on it), Bill of Sale refers to an Exhibit also attached, which is an Affidavit of Origination and Assignment of Portfolio Accounts dated June 22, 2010 signed by Stuart Austin. Also, no name of mine or acct# on it.

2. Bill Statement dated 12/27/09 with my name and address and acct# displayed and a total owed. Also attached to this exhibit was a printed out list that was page 2 of 65 (looks like an Excel printout), which on one line has an acct#, my name, address, ss# blkdate and bal which totals the bill statement.

3. Letter from N&K dated 6/28/2011 giving me 30 days to contact them or they will assume debt is valid. One in English & One in Spanish.

2. REQUEST FOR STATEMENT OF WITNESSES AND EVIDENCE - Under Code of Civil Procedure Section 96 (giving me 20 days to respond) listing:

1. The names and street address of witnesses you intend to call at trial (except for any individual who is a party to this action).

2. A description of each document that you intend to offer at trial. Attach a copy of each document available to you.

3. A description of each photograph and other physical evidence you intend to offer at trial

3. NOTICE IN LIEU OF SUBPOENA TO COMPEL ATTENDANCE BEFORE THE COURT AND TO PRODUCE BOOKS, DOCUMENTS OR OTHER THINGS.

Requesting: 1. My attendance
2. Original Contract
3. Account application
4. All statements of account
5. all correspondence by and between defendant and plaintiff or plaintiff's attorney;
6. Any and all evidence of any credit or payment made on the account.

Pursuant to California Code of Civil Producure 1987 (b) and 1987 (c) which provides that the giving of this notice has the same effect as the service of a subpoena and that in the event of non-compliance with this notice, the parties shall have such rights, and the court may make such orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court.


So, to make a long story short. They want to get all their evidence from me. mmmm ]]> Is There a Lawyer in the House whattodocacourt http://www.creditinfocenter.com/forums/there-lawyer-house/314139-just-got-declaration-i-lieu-testimony-ccp-98-30-days-before-trial.html RE-evaluating SOL in my case http://www.creditinfocenter.com/forums/there-lawyer-house/314138-re-evaluating-sol-my-case.html Sat, 26 May 2012 18:59:47 GMT ok, So just to recap: This is my case. 1. Who is the named plaintiff in the suit? *CAVALRY SPV I LLC* 2. What is the name of the law firm... ok, So just to recap: This is my case.

1. Who is the named plaintiff in the suit?
CAVALRY SPV I LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) McHughes

3. How much are you being sued for?
8000.00

4. Who is the original creditor? (if not the Plaintiff)
Bank of America

5. How do you know you are being sued? (You were served, right?)
Served summons

6. How were you served? (Mail, In person, Notice on door)
certified mail

7. Was the service legal as required by your state?
Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None, I never even knew that they were collecting

9. What state and county do you live in?
Arkansas, sorry I can't give you my county

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
9-2008

11. What is the SOL on the debt? To find out: 3 years

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or b) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). see below

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
NO

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
NO

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

30 days


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Affidavit and an illegible copy of a cardmember agreement


I believe this account is past the SOL. Just received a hard copy of my credit report, and it says the last payment was made on 9-2008. In AR the SOL is 3 years per Ark. Code Ann. § 16-56-101 et. seq.

I have already answered the complaint, interogs, and admissions along with POD.

If you need to see all of that I will link it to you. I have also sent off my own POD and ROGs. I asked for the last payment made on the alleged account in it. I also included my own affidavit to in effect have dueling affidavits.

Do I need to go ahead and pursue a MSJ based on the SOL, or do I need to amend my answer to include the SOL?

Thanks for any assistance! ]]> Is There a Lawyer in the House DebtBgone http://www.creditinfocenter.com/forums/there-lawyer-house/314138-re-evaluating-sol-my-case.html Is It Too Late for Arbitration? http://www.creditinfocenter.com/forums/arbitration/314137-too-late-arbitration.html Sat, 26 May 2012 18:46:48 GMT My focus has been on defending myself from Ca p 1 in court and I didn't relaize it was possible to go to arbitration or even that I wanted to for that matter.

The trial is scheduled in two months. Is it too late for me to seek arbitration? It really does seem to be the way to go for a claim of under $3000.

The alleged account was opened in 2005 and they sent me an agreement for from 2010. Linda was kind enough to send a copy of an agreement from 2008.

Would a 2005 agreement be more beneficial or could I reference the 2008 agreement (The 2010 agreement doesn't mention arbitration)?

Does anyone have a copy of a 2005 Ca p 1 agreement?

Thanks ]]> Arbitration JohnA3333 http://www.creditinfocenter.com/forums/arbitration/314137-too-late-arbitration.html