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Sun Sep 21, 2008 3:42 am
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| I don't believe that they can go through with this and if they used any type of threat or intimidation to have you pay this bill then they have violated the fdcra laws of debt collection and you could sue them for that also. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Sun Sep 21, 2008 3:44 am
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That was me up top of here, it signed me out somehow?????? I was a way from the computer for a little while.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Sun Sep 21, 2008 9:17 pm
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| I can n ot see how they cleaned out his checking account and will not show proper proof of court papers showing they were entitled to do so. How did they get the bank to honor these papers if they didn't take him to court to get the order? |
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Mac
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Wed Sep 24, 2008 5:14 pm
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| Goodnatured, thank you for the response on Sept 12. To answer youor question i am being sued by "Target National Bank" However on the summons the address for Target is different that the Target National Bank in MN. The Sommuns says Target National Bank Norcross GA., The attorney is : Shermeta, Adams & Von Allmen, P.C. in Rochester MI. Can collection attourneys claim that the plaintiff is the original debtor even when they are not? Or could this be an attorney for Target National Bank? I did some research on the attourneys and they are hiring online for skip tracers and collection personell. This makes me think they are a collection company rather than an attorny for Target National bank in MN. After reading the previous posts it seems like this is a slam dunk if the plantiff is not actually Target national Bank. I responded to the complaint using information obtained by this and other sites. I responded within the 21 day limit and used certified mail with return service. I denied all paragraphs other than the ones I had not knowledge of such as jurisdiction. I also included the statement :"The Defendant denies the allegations numbered 2,3,4,6 & 7 of the plaintiff’s complaint for lack of sufficient information to justify a reasonable belief therein.". So to summarize. I don't know who the real plaintiff is because Target National Bank is not located in Norcross GA. They are located in MN. I know if they can not produce the original copy of the agreement the case will be dismissed for lack of evidence. Please help me my court date is early October. Lastley I still have not requested debt validation. Is it worth it at this point. I already have a court date. There was charge off on my credit report last month. I called Targets automated service to check on the card in questions status and the automated system stated that the information was not found. Could this have been sold to a collection attourney that is claiming Target National Bank is the plantiff even thought the debt was already sold? |
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fireyone
Joined: 26 Feb 2008
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Posts: 4124
1011 Magic Points
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Wed Sep 24, 2008 5:31 pm
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| Mac. It is probaly the same company. Most of these places work out of many different staes. GN is very familiar with this type of thing. She isn't on line at the forum all the time. May I sugget that you PM her? If you scroll down the side of the screen you will see private messaging and all you have to do is click on it and it is self explanitory from that point. It will help draw her attention to the post and you will get an answer alot quicker. |
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Mac
Joined: 24 Sep 2008
Mac's page
Posts: 2
70 Magic Points
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Wed Sep 24, 2008 8:16 pm
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| great thanks ! Question. How common is it for companies to charge off an account then use an outside attorney to submit a complaint? Also I googled Target National Bank Norcross GA. Nothing came up. All findings pointed to MN as the address. Why would they use a different address in the lawsuit? |
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Shane Mac
Joined: 23 Aug 2008
ShaneMac's page
Posts: 22
Location: In the South
913 Magic Points
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Subject: Motion to move to discovery.
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Thu Oct 02, 2008 2:35 am
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Are there any sample letters here on the discovery process ?
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Shane Mac |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17413 Magic Points
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Thu Oct 02, 2008 11:59 am
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Hi Mac
Even if a company charges off a credit account, he can sue you to the court to recover the debt, till the time the SOL in your state has expired. Charge off does not mean that you are not required to pay off the debt. Even if the account is charged off, the creditor can sue you and bring judgment against you. A creditor normally charges off a credit account after 6 months from the date of your last payments towards the debt.
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Where there's a will, there's a way !! |
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fireyone
Joined: 26 Feb 2008
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Posts: 4124
1011 Magic Points
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Thu Oct 02, 2008 11:05 pm
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| Yes you definatley are not protected until the Statute of limitations expires. I do not think the address is going to make any difference in court though. Is your debt past the SOL? |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3735
10 Magic Points
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Sat Oct 04, 2008 3:23 am
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What state are you from? if you list it, then someone here will find out all you need to know and post it.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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fireyone
Joined: 26 Feb 2008
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Posts: 4124
1011 Magic Points
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Sun Oct 05, 2008 12:33 am
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| GN thats a good question. A state listing would be nice. |
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Tue Oct 07, 2008 1:47 pm
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| I am in Michigan court date is set for this friday Oct 10. We got a settlment in the mail. Can they garnish in Michigan? What is my next step? Is there reson for me to mention to the court that I do not feel that the plaintiff is who the attorney says they are. Can they name a plaintiff even if it is not the one suing me? |
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Mac
Joined: 24 Sep 2008
Mac's page
Posts: 2
70 Magic Points
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Tue Oct 07, 2008 1:48 pm
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| I am in Michigan court date is set for this friday Oct 10. We got a settlment in the mail. Can they garnish in Michigan? What is my next step? Is there reson for me to mention to the court that I do not feel that the plaintiff is who the attorney says they are. Can they name a plaintiff even if it is not the one suing me? |
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fireyone
Joined: 26 Feb 2008
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Posts: 4124
1011 Magic Points
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Tue Oct 07, 2008 1:55 pm
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| I'm not sure if they can Garnish in Michigan but I am thinking that is one of the states they can. I believe there are only 4 states you can not be garnished (except for taxes and child support) . I will let others address your other questions. |
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Shane Mac
Joined: 23 Aug 2008
ShaneMac's page
Posts: 22
Location: In the South
913 Magic Points
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Subject: Outcomes need to be posted - Knowledge is power.
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Wed Oct 08, 2008 12:26 am
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I am posting this here because it is were I started my search for answers over 4 moths ago.
I want to thank everyone that has been apart of the forum – Thanks all (You all, are the best) True Americans in my opinion.
Lots of the questions and replies in this forum have great value, when applied correctly to courts documentation and clerk of court filling process. (Please use this process- It’s a huge defense process)
What, I don’t see are people that have posted with question, following up with outcomes of their experience with the advice learned from this forum. And I think, it is for fear of Law firms following the post. (Let them follow, is all I can say) Anything mentioned here or posted, here, is mere hearsay and is not permissible as factual evidence in a court of law, this is your chance to help others.. Please post outcomes based on knowledge gained from forums like this. (It gives the average Joe,, like me,, and others the power to represent as Pro Se.—(An American birth right !!)
The next post below will be my own outcome based on knowledge learned in the forums – and I did find out the law firm was watching these post. (Why with their college degree and experience,,did they not learn from the post but only try to use it is totally baffling to me. )
I will make a bold statement to help. You as Pro Se (Representing one self) have not been schooled in Law. ( A Lawyer is a business and is not needed as representation , most of the time Lawyers are only representing the money they possibly could make----Not you) So it is wise to hire one if you are the plaintiff,, The Lawyers has a higher profit margin to make and will go the extra mile to make his/her profit representing you.
Lawyers representing a defendant are taking a calculated risk and are,, only considered if profit is to be made. ( OK to be fair there are some Lawyers and Pro bono law firms that are really in it to be true lawyers ,,but I have not meet many in my life.) I always believe in being fair.
I guess you all can see I have a lot to post. This has been very exciting to me. Ok the next post will be about out come of Knowledge learned here.
Shane Mac
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Shane Mac |
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