Had a P.O. Box in a different state than where I lived and the complaint was filed in that state before the SoL expired so that will hold up. The complaint is from Pasadena Receivables Inc. and the attorneys are Peroutka & Peroutka P.A. which is one and the same entity. This was hand delivered by a sherriff. Here is the complaint which is only signed where Signature of Plaintiff/Attorney/Attorney Code is required. No signature from the court or a stamp. Complaint X$5,000 or under over $5,000 Over $10,000 That the plaintiff as stated above by Steven Perouka, its attorney, sues the defendent for money payable by the defendant to the Plaintiff as follows: That the defendant purchased miscellaneous merchandise, services and/or received a cash advance with their account with Ge Capital - Dillard's That Pasadena Receivables, Inc. is the subsequent assignee of Ge Capital - Dillard's, the original creditor. There is a balance overdue and owed by the defendant to the Plaintiff as per affidavit and/or statements attached her. Also, the agreement provides for reasonable Attorney's Fees. The Plaintiff claims: $805.10 plus interest of $ See Worksheet and attorney's fees of $ 120.76 plus court costs. Skipping here, no checked items Skipping here, no checked items Skipping here, no checked items Then the Signature of Plaintiff/Attorney/Attorney Code which is signed At the bottom of the page is Application and Affidavit in support of Judgment This is all blank except the (2) blocks checked to state X Itemized statement of account X Interest work sheet Down below this there is some type in the open area to be filled in that says See attached affidavit This is an attempt to collect a debt. Any information obtained-blah blah blah The next page is an notarized affidavit in Support of Complaint which states that the plaintiff's assigner advanced monies to me. The next page is a Pasadena Receivables Inc. Account Summary that looks like a spead sheet that they printed off their comp. that gives the account ID Merchant name Account # my name a P.O. Box that I used to have a bogus home phone # Origination date - 12/17/2003 last payment date - 6/16/2005 charge off date - 1/25/2006 charge off balance - 490.52 principal balance interest balance - 98.11 CurrBalance - 903.21 EffectIntDate - 2/19/2008 The next page is a Bill of Sale and Assignment and at the top right had side of the page is hand written "Dillard's" Bill of Sale and Assignment KNOW ALL MEN BY THESE PRESENTS, that the undersigned Sherman Acquisition LLC ("Assignor"), for and in consideration of the sum of One Dollar ($1.00) and these presents, assign, sell, transfer, convey, and set over to Pasadena Receivables, Inc. ("Assignee"), its successors and assigns, all rights, title and interest in and to certain charged-off receivables (the "Charged-off Accounts"), related documents evidencing a security interest, liens or other security instruments or encumbrances executed, filed and/or created in conjunction with collateral securing the Charged-off Accounts. Such Charged-off Accounts in the Purchase and Sale Agreement between Assignors and Assignee and dated February 14, 2008. This Assignment is made without recourse or warranty except as otherwise provided in the Agreement executed by Assignor and Assignee with regard to the Charged-off Accounts and other rights, privileges and documentation referred to herein. Dated this 15th day of February, 2008 Witness signature Sherman Acquisition LLC Brian Something Jon Something, Director The next page is this web page printed out to indicate mergers. hxxp://sec.edgar-online.com/2005/02/11/000...31/Section2.asp REPLACE xx IN HXXP WITH tt Item 1.01. Entry into a Material Definitive Agreement. Pursuant to a Merger Agreement and Plan of Merger, dated as of November 15, 2004, between Monogram Credit Card Bank of Georgia ("Monogram") and GE Capital Consumer Card Co. ("GECCCC"), Monogram was merged with and into GECCCC on February 7, 2005, with GECCCC being the surviving entity (the "Merger"). Simultaneous with the completion of the Merger, GECCCC amended its Charter and By-Laws to change its name to GE Money Bank. On February 7, 2005, GE Money Bank entered into a Servicing Assumption Agreement, a copy of which is filed with this Form 8-K as Exhibit 4.1, pursuant to which GE Money Bank assumed the performance of every covenant and obligation of Monogram under the Servicing Agreement, dated as of June 27, 2003, between Monogram and GE Capital Credit Card Master Note Trust. On February 7, 2005, GE Money Bank and RFS Holding, L.L.C. entered into the RSA Assumption Agreement and Second Amendment to Receivables Sale Agreement, a copy of which is filed with this Form 8-K as Exhibit 4.2, pursuant to which GE Money Bank assumed the performance of every covenant and obligation of Monogram under the Receivables Sale Agreement, dated as of June 27, 2003, between Monogram and RFS Holding, L.L.C. The next 5 pages are the credit terms for a Dillar's CC and at the top right hand side of the first and the fifth page is: CGRN (12/06) 7215-CON-DUEL-I REV 8/06 Which is obviously credit terms from after my charge off date. The last page is what looks like a word or richtext document: STATEMENT ACCOUNT SUMMARY My name Address - P.O. Box XXXXX Account Number XXXXXXXXXXXXXXXXXXXXX Charge Off Date 1/25/06 Balance Due 805.10 plus interest due from 1/25/06 interest worksheet to follow Plus attorney's fee of 120.76 THIS IS TO CERTIFY THAT THE ABOVE IS TRUE AND CORRECT ABSTRACT OF TH ABOVE MENTIONED ACCOUNT, TAKEN FROM THE RECORDS MATAINED IN THE USUAL COURSE OF BUSINESS OF P. R. Inc. Typed name and title of Vice President of Acquisitions no signature I tried to settle but it aint happening unless I do 3 accounts that they own at the same time, one of which is out of the SoL. While speaking with them on the phone, I never acknowledged owing the debts, just the writ of summons that are filed. Like I said, I have been reading alot and need some advice as to how to proceed. What do I use for explanation of defense on the intention to defend? 1) Improper service 2) Failure to validate debt 3) Failure to validate sum of debt Not asking anyone to hold my hand, just point me in the right direction. Feel free to PM me. Thanks in advance.
One more thing: Hope and pray that you get a consumer friendly judge and not one of those creditor friendly butt kissing law school flunkies.
Only option one is a valid legal defense. Move to dismiss on that basis. If that doesn't work, move to strike the Complaint and Affidavit for hearsay. Unless the affiant appears at the hearing, that piece of paper is inadmissable and it is the only chain of evidence they have. Strike it, you win. Simple.
Only option one is a valid legal defense. Move to dismiss on that basis. That being said, since the debt buyer did not make contact with me, oral or documented, before filing the complaint in less than 90 days after acquiring the debt in question, gives a good defense of improper service?
Improper service will only delay things a bit but won't provide a solid defense. Even if you get it dismissed for improper service they will just refile and make sure that they get you properly serviced next time.
Yeah, but in the meantime you can close your bank account in anticipation that a new judgment might include bank freezes.
Closing bank accounts in anticipation of a judgment isn't a good idea at all. It shows you intend to hide your assets from the creditor. Keep the bank account open but keep the balance very low. Not more than maybe $20 in it at any time. Just enough to keep it open. If there are costs involved in keeping the account then only have enough money in it to pay those costs each month. Don't take a chance with getting overdraft charges because there wasn't enough money there to pay the overhead. If you have been using the account to get some type of pension checks then be certain that no other money gets put into that account. If the account is used by your employer to pay you by EFT then stop the EFT and tell your employer you want paper checks instead of EFT. A judgment only says that you owe the money. It does not say that you have to pay. A separate court order allowing garnishment is necessary before they can garnish. Study the law in your state to learn how all that works. Each state has it's own laws and if you want to keep your assets safe you have to know the law.
I just have one last question. Is it legal for the affiant of the affidavit in support of the complaint to be a partner with, or employee of the attorney that represents the plaintiff, which is part owner of the CA? Michael A. Lagana is the affiant on the affidavit in support of the complaint. consumers.creditnet.com/Discussions/credit-talk/t-lookie-what-i-found-39411.html I thank you all for your help.
Any update on what happened at trial? I have a case very similar to yours and it would be helpful to hear what worked / what didn't. Thanks.
You are having a trial? Generally you have to appear, answer, do discovery, then summary judgment and finally a trial. You have to make it past all those to get to trial. Did you do that?
