Skip to main content
index page

Oh my gosh, something fishy is going on!

Submitted by Shazzers on Mon, 03/31/2008 - 09:35
Posts: 17344
Credits:
[Donate]

This is the link to my original thread:
http://www.debtconsolidationcare.com/collection-agencies/arrow-financial.html

Today, at work (I work in an office), I received a letter addressed to my employer from Javitch, Block & Rothbone, it says to the payroll department. It has to be about me! I just received a judgment from the court to vacate the original default judgment, and am in the process of answering the original claim. What in God's name is going on! I am panicking right now because I can NOT open this, yet I know it's about me. This is so humiliating, all I need is for my employer to know how many financial problems I am having right now. What should I do?? :(


Well, the reason I haven't pulled my credit report recently is because I have already requested my free credit report for the year. The affidavit was fairly simple and signed by an employee of Arrow Financial, I don't have that information availble at the moment but to the best of my recollection, it basically said the below signed employee agreed the debt was true and correct to her knowledge, then she signed it. That was all it amounted too.

I would also like to know what steps to take to file a counter suit, and am curious, when I file my answer to these interrogatories, do I file a counter suit at that time, or wait to see what the outcome will be.

The questions are at home, but I would be happy to post some of them later this evening, if I recall correctly, they basically asked me my home address, telephone, employers address & phone, any other names I have been known by, my income. That's all I can remember at the moment.


Submitted by Shazzers on Mon, 08/11/2008 - 07:42

Shazzers

( Posts: 17344 | Credits: )


I would only answer the questions that I knew they already had the information for. For example I suspect they already know your home address so there would be no harm in filling it out again. I would not supply them with information that they do not have like your income and SS#. It is irrelevant and none of their business. I think we need to come up with a solid answer for those responses. I don't think "None of your damn business" would work. hehe.

Defendant denies Plaintiff's request for admission number whatever.

That was one of the responses Nascar listed. Is it proper to use it on these questions meaning that you are denying the Plaintiff's request for that information? I don't think that is the proper use but would like clarification.


Submitted by DOLLARSandSINCE on Mon, 08/11/2008 - 08:04

DOLLARSandSINCE

( Posts: 1078 | Credits: )


How so, not?
??
Unclewulf...that was as a first communication. If the first communication was a summons, then you still need to place priority on answering the lawsuit.
However, you do not lose your DV rights either. You are still entitled to validation. You just may have to go thru the whole Discovery process in order to obtain it.


Submitted by NASCAR_Devil on Mon, 08/11/2008 - 09:56

NASCAR_Devil

( Posts: 4671 | Credits: )


I just wanted to post some of the questions on my interrogatories for review. They want me to admit or deny, and if I deny I have to explain why. This is just a few of the questions etc. to give you a general idea. :?

First some of the requests made:

Provide a copy of the agreement for the extension of credit the Defendant entered into for the credit card account that is the subject of this action.

Provide ALL canceled checks, money orders or receipts evidencing payments.

Provide all statements by the credit card company and Arrow Financial. :shock:

Request for admissions:

Admit to the date the defendant is in default on her obligations to Plaintiff as required by the terms of agreement for the extension of credit by failing to make required payments.
I never made ANY such agreement with the Plaintiff! (Arrow Financial)

Most of these admissions are related to admitting I owe them, and if I deny, the reasons why.

They want me to provide names, addresses of all witnesses I plan to testify, and a summary of their testimony. Also a copy of documents etc.

They want me to admit I received statements from the original creditor and etc.

They want me to admit that I failed to dispute in writing the validity of any specific charges and or transactions made using the aforementioned credit card account within 60 days from my receipt.




Submitted by Shazzers on Tue, 08/12/2008 - 05:09

Shazzers

( Posts: 17344 | Credits: )


the question is.. what did you do, what do you have.. remember that in a civil case he(she) with the most evidence (preponderance) usually prevails... it is much better to plan to win a case on the actual merits, not on a technicality... Also keep in mind these interogatories are designed to provide evidence for their case.


Submitted by jj on Tue, 08/12/2008 - 10:03

jj

( Posts: 1057 | Credits: )


Shazz,

I think your answers to the first 2 1/2 questions is simply "unable to produce requested documents as this is not my account." On the second half of the third questions send them copies of all corresponces they sent you.

In regards to the admission of default "No such default exists as no such agreement was entered into by me.

"No witnesses will be testifying."


Submitted by on Tue, 08/12/2008 - 20:18

( Posts: 202330 | Credits: )


It looks like to me they are requesting similar items that the canned DV letter requests and you sent that to them months ago plus some additional items that you would have to provide if you intended on using them as evidence i.e. witnesses and their testimony but in your case you are not using any. Did you check with the court to get an answer as to if you even had to fill this thing out? I have yet to see a good answer as to if you are bound to fill this out. I see no reason why you can not just show up in court with your copy of the DV letter and return receipt and state that you requested the same info months ago from them and they failed to provide it. Until they provide it to you then there is no way you can provide it back to them since you have no record of any financial transaction or obligations with their company. I also think you should slightly modify their letter and send it back to them along with a copy of the DV letter and a copy of the signed mail receipt and request the same crap from them that they are requesting from you. I see no reason why they should not be required to provide the same material. Also if you request the same material then you could see how they respond prior to you giving your response maybe.

I think it would be wise to fill this thing out unless the court tells you it is not required. I would keep my answers very short with no explanations. I would simply deny every request they made. I am still leaning toward the respons Nascar gave "Defendant denies Plaintiff's request for admission number whatever??????? unless someone comes up with a better response.


Quote:


Provide a copy of the agreement for the extension of credit the Defendant entered into for the credit card account that is the subject of this action.

Provide ALL canceled checks, money orders or receipts evidencing payments.

Provide all statements by the credit card company and Arrow Financial.

Request for admissions:

Admit to the date the defendant is in default on her obligations to Plaintiff as required by the terms of agreement for the extension of credit by failing to make required payments.
I never made ANY such agreement with the Plaintiff! (Arrow Financial)

They want me to admit I received statements from the original creditor and etc.

They want me to admit that I failed to dispute in writing the validity of any specific charges and or transactions made using the aforementioned credit card account within 60 days from my receipt.


I would answer every single one of those as "Defendant denies Plaintiff's request for admission number whatever??????? with the exception of any evidence you intend on using that relates to those request. For example if you intend on using some canceled checks and they specifically request them then you would have to provide them in order to use them as evidence I think. I would not offer any further explanation. I would just simply deny request for admission statement and be done with it.

Quote:

They want me to provide names, addresses of all witnesses I plan to testify, and a summary of their testimony. Also a copy of documents etc.


This one can????????t be denied. If you have witnesses then you will need to provide what is requested otherwise simply reply no witnesses at this time. If there is even the slightest chance you might want witnesses then I think they need to be listed but there might be some verbage to get around that.


Submitted by on Wed, 08/13/2008 - 07:04

( Posts: 202330 | Credits: )


It looks like to me they are requesting similar items that the canned DV letter requests and you sent that to them months ago plus some additional items that you would have to provide if you intended on using them as evidence i.e. witnesses and their testimony but in your case you are not using any. Did you check with the court to get an answer as to if you even had to fill this thing out? I have yet to see a good answer as to if you are bound to fill this out. I see no reason why you can not just show up in court with your copy of the DV letter and return receipt and state that you requested the same info months ago from them and they failed to provide it. Until they provide it to you then there is no way you can provide it back to them since you have no record of any financial transaction or obligations with their company. I also think you should slightly modify their letter and send it back to them along with a copy of the DV letter and a copy of the signed mail receipt and request the same crap from them that they are requesting from you. I see no reason why they should not be required to provide the same material. Also if you request the same material then you could see how they respond prior to you giving your response maybe.

I think it would be wise to fill this thing out unless the court tells you it is not required. I would keep my answers very short with no explanations. I would simply deny every request they made. I am still leaning toward the respons Nascar gave "Defendant denies Plaintiff's request for admission number whatever??????? unless someone comes up with a better response.


Quote:


Provide a copy of the agreement for the extension of credit the Defendant entered into for the credit card account that is the subject of this action.

Provide ALL canceled checks, money orders or receipts evidencing payments.

Provide all statements by the credit card company and Arrow Financial.

Request for admissions:

Admit to the date the defendant is in default on her obligations to Plaintiff as required by the terms of agreement for the extension of credit by failing to make required payments.
I never made ANY such agreement with the Plaintiff! (Arrow Financial)

They want me to admit I received statements from the original creditor and etc.

They want me to admit that I failed to dispute in writing the validity of any specific charges and or transactions made using the aforementioned credit card account within 60 days from my receipt.


I would answer every single one of those as "Defendant denies Plaintiff's request for admission number whatever??????? with the exception of any evidence you intend on using that relates to those request. For example if you intend on using some canceled checks and they specifically request them then you would have to provide them in order to use them as evidence I think. I would not offer any further explanation. I would just simply deny request for admission statement and be done with it.

Quote:

They want me to provide names, addresses of all witnesses I plan to testify, and a summary of their testimony. Also a copy of documents etc.


This one can????????t be denied. If you have witnesses then you will need to provide what is requested otherwise simply reply no witnesses at this time. If there is even the slightest chance you might want witnesses then I think they need to be listed but there might be some verbage to get around that.


Submitted by DOLLARSandSINCE on Wed, 08/13/2008 - 07:05

DOLLARSandSINCE

( Posts: 1078 | Credits: )


I found this about counterclaims. It is specific to that one location but I think you could follow similar guidelines in your area. Here is the link.

http://www.19thcircuitcourt.state.il.us/self-help/s_claims/how_to_file.htm#How%20to%20Countersue

How to Countersue or Counter Claim

If you believe the party suing you owes you money, you can countersue by filing a Counterclaim. Both cases will be heard at the same time.

If your claim is for $10,000 or less obtain a Counterclaim form from the small claims clerk in the court where you are being sued. The claim is filed with the clerk with a filing fee.

You must notify the other party that you are suing them by having a copy of the Counterclaim served on them.

If your counterclaim exceeds the jurisdictional limit of the small claims court the case will be reassigned by the small claims judge.

Upon receipt of the above described documents, usually the small claims court will transfer its file to another circuit court (civil division). In this manner, both the plaintiff's and defendant's claims may be heard together.


Submitted by DOLLARSandSINCE on Wed, 08/13/2008 - 07:46

DOLLARSandSINCE

( Posts: 1078 | Credits: )


Wow Dollars, you gave me some VERY good info, I haven't been attending to this the past few days because I had outpatient surgery yesterday morning and I am trying to recover. I had thought about requesting a continuence on this matter because I just haven't been up to dealing with it right now, however, I know that I need to respond to this summons and have it mailed out by tomorrow. I've just been pondering on it, doing a little research to see how I should respond, but I can see you have provided me with some valuable information which seems as though would work in my favor. I am going to need to sit down tonight and get this written up and sent out. I can't thank you enough for providing me with so much wonderful information, thank you all, I truly appreciate it because this has been weighing on my mind. It will be a relief to get it out of my hair, for now. Who knows what the outcome will be. :shock:


Submitted by Shazzers on Fri, 08/15/2008 - 07:19

Shazzers

( Posts: 17344 | Credits: )


Poor Shazz, I do hope your feeling better. Plus you are having to deal with all this legal stuff. And now they are dragging it out until OCT??? Man, its already been going on for a while, do you know why they moved it?

Feel Better Soon (((((((((Cyber-HUGS))))))) Reny


Submitted by lmale on Thu, 08/21/2008 - 16:49

lmale

( Posts: 742 | Credits: )