Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I live in AZ, in april i was served a complaint regarding "certain HSBC accounts", there was nothing showing what account just a complaint. I responded...deny deny deny..show me the proof. I sent a production of documents, got no response, then went to pretrial in July. The phoned in, asked me to settle, i said not without proof, judge said where is the proof, plaintiff said give us 6 more weeks...we got nothin..I SHOULD have asked them to dismiss with prejudice since they could never provide proof, but the judge gave them another 2 months before our next pretrial. A week later, i went into the court and filed a motion to dismiss with prejudice...stating that they had no proof and they are suing me...they shouldnt accuse me without proof(in a nut shell). So i got a response from the plaintiff..they are now saying that they had sapinad(sorry for spelling) the original creditor and they sent me a disclosure statement on or around june 06th and that they have attached 2 affidavits from the original creditor which states the account number and balance owed.. so heres my point..
I called the court and confirmed that there was NO disclosure statement sent to me or the court in or around june 6th. Also, they are saying that they have provided me what i have asked for as far as proof when they mailed the disclosure statement, but then in July told the judge that they had nothing and even asked for 2 more months to get proof. Now they have someone from my original creditor saying....i got your acct # and your balance...but that is still not proof..i want the original contract, show me how i accrued these charges...lets see statements, but they cannot...
so do i have a leg to stand on? I have 5 days to reply to their response to my motion to dismiss...what can i or cant i say?
My thoughts are to say in my reply that there is no record on file with the court showing that they filed this statement in or around June 6th and that they have yet to provide proper documentation showing i owe this alleged debt, since they lied to the judge about not having proof when they now say they have had it since June, with the documentation i am requesting, how am i supposed to believe they are telling the truth about this alleged debt. PLEASE HELP lol im going nuts dealing with this all by myself...
I live in AZ, in april i was served a complaint regarding "certain HSBC accounts", there was nothing showing what account just a complaint. I responded...deny deny deny..show me the proof. I sent a production of documents, got no response, then went to pretrial in July. The phoned in, asked me to settle, i said not without proof, judge said where is the proof, plaintiff said give us 6 more weeks...we got nothin..I SHOULD have asked them to dismiss with prejudice since they could never provide proof, but the judge gave them another 2 months before our next pretrial. A week later, i went into the court and filed a motion to dismiss with prejudice...stating that they had no proof and they are suing me...they shouldnt accuse me without proof(in a nut shell). So i got a response from the plaintiff..they are now saying that they had sapinad(sorry for spelling) the original creditor and they sent me a disclosure statement on or around june 06th and that they have attached 2 affidavits from the original creditor which states the account number and balance owed.. so heres my point..
I called the court and confirmed that there was NO disclosure statement sent to me or the court in or around june 6th. Also, they are saying that they have provided me what i have asked for as far as proof when they mailed the disclosure statement, but then in July told the judge that they had nothing and even asked for 2 more months to get proof. Now they have someone from my original creditor saying....i got your acct # and your balance...but that is still not proof..i want the original contract, show me how i accrued these charges...lets see statements, but they cannot...
so do i have a leg to stand on? I have 5 days to reply to their response to my motion to dismiss...what can i or cant i say?
My thoughts are to say in my reply that there is no record on file with the court showing that they filed this statement in or around June 6th and that they have yet to provide proper documentation showing i owe this alleged debt, since they lied to the judge about not having proof when they now say they have had it since June, with the documentation i am requesting, how am i supposed to believe they are telling the truth about this alleged debt. PLEASE HELP lol im going nuts dealing with this all by myself...
THANK YOU!!!
First off, you really, really need to be on a forum that is specifically geared towards this type of thing. CreditBoards.com has a sub-forum specifically geared towards defending yourself in against lawsuits along with a couple informational guides. I highly recommend you ask this question over there.
As for the "proof" from the original creditor, what is it? Is it just an affidavit or someone who can testify?
Thanks for the reply, I will repost on that forum..
For the proof they say they have, yes..all it is so far is an affidavit from 2 people from my original creditor saying they can confirm my account number and my account balance. But they still havent provided a signed agreement, statements..nothing..
Bascailly you will have to wait as they will when you need time to provide proof of having maybe poaid such bills. The civil coutrts tme can be lengthy you will fine. Now its just a matter of wating to see what they come forwadr with ahving been given time as is usual when you deamnd discolosure.Your in pretrial now .
Go to to ClarkHoward.com Home: Save More, Spend Less and Avoid Rip-Offs on clarkhoward.com RIGHT NOW!! Call his consumer protection councilors for free. They deal with these SCUMBAG collection agencies all the time. His organization has saved me thousands with great information and knowledge. I once had a collection agency after me for a fraud account. I merely threaten to expose them on the National Clark Howard radio show and they went away and the debt miraculously disappeared from my credit reports.
By the way Clark Howard used to be a collection agent. He knows all the dirty tricks these lowlifes use to bully people.
Thanks for the reply, I will repost on that forum..
For the proof they say they have, yes..all it is so far is an affidavit from 2 people from my original creditor saying they can confirm my account number and my account balance. But they still havent provided a signed agreement, statements..nothing..
an affidavit of your account balance + fees does not constitute validation of the debt... you should have contested their request for a continuance, and asked for dismissal.
over to creditboards with your bad self, as suggested above.
Thanks for all of your replies, i went to credit boards.com and someone helped me tremendously, i submitted my reply to their response to my request to dismiss...lol, now i am waiting for my next pre trail...i basically stated that their affidavits are hearsay and that they are barred by SOL and that if they could actually provide proof that they would be proving that they are barred by SOL and i ask them to once again dismiss with prejudice..cross your fingers.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
