Being sued by Javitch, Block, and Rathbone for Midland Funding LLC...
Date: Thu, 08/26/2010 - 12:20
I had a loan originally from GEMoney lapse last year, and now I have a summons from JB&R for this debt. There's no date to appear on it.
I've been doing a lot of research, and this thread was very helpful, and I've come to the conclusion my best bet is to try to settle when I'm at my court date. I've never been to court before, or done any type of legal paperwork. So far, here is my plan. Question marks indicate my uncertainty as to whether I should do this or not. Please let me know what you would change!
???1. Send JV&R a validation of debt request.
2. Send via certified mail, receipt request, to JV&R the following: an answer that neither confirms nor denies the debt, and a notice of appearance (since they did not put a court date in my document).
3. File with the courts a service of certificate, my answer, and notice of appearance.
4. Wait for a response/court date.
5. When a court date is assigned, go to court. Do I need to present any documents at this time, or have any defense prepared?
??6. Pretty sure the judge will issue a summary judgment? At this time, could I offer settlement proposal to the JB&R attorney?
Another note: Here is an interesting part of my complaint:
7. The account records are not attached hereto because, upon information and belief: (a) Plaintiff is not the original creditor and does not have possession, custody, or control or said records; (b) copies were sent monthly to the Defendant(s), and are or were in Defendant's(') possession, custody, or control; (c) said account records may be voluminous.
If they can't prove I had the debt, can I use this as a counter-argument???
I've been doing a lot of research, and this thread was very helpful, and I've come to the conclusion my best bet is to try to settle when I'm at my court date. I've never been to court before, or done any type of legal paperwork. So far, here is my plan. Question marks indicate my uncertainty as to whether I should do this or not. Please let me know what you would change!
???1. Send JV&R a validation of debt request.
2. Send via certified mail, receipt request, to JV&R the following: an answer that neither confirms nor denies the debt, and a notice of appearance (since they did not put a court date in my document).
3. File with the courts a service of certificate, my answer, and notice of appearance.
4. Wait for a response/court date.
5. When a court date is assigned, go to court. Do I need to present any documents at this time, or have any defense prepared?
??6. Pretty sure the judge will issue a summary judgment? At this time, could I offer settlement proposal to the JB&R attorney?
Another note: Here is an interesting part of my complaint:
7. The account records are not attached hereto because, upon information and belief: (a) Plaintiff is not the original creditor and does not have possession, custody, or control or said records; (b) copies were sent monthly to the Defendant(s), and are or were in Defendant's(') possession, custody, or control; (c) said account records may be voluminous.
If they can't prove I had the debt, can I use this as a counter-argument???
If the attorney represents GE directly, meaning the debt was not
If the attorney represents GE directly, meaning the debt was not sold, there is a good chance they will be able to validate the debt. I would suggest trying to settle before it goes to court. Plus, watch the court dockets yourself....dont wait for them to tell you anything.
