Summons and Answer to Complaint- RJM Acquisitions/Wachovia

At this point the most important thing is to show up in court or you will get a default judgement against you! It would be a good idea to retain counsel as you are going to wind up paying court costs and legal fees anyway to the plaintiffs attorney! If you have an attorney he or she will be able to negotiate a settlement before you go to court and avoid a judgement on your record.
I by the way have a Wachovia Account in collections with RJM also. Mine was caused by unauthorized electronic withdrawal that Wachovia refused to address although I have letter that I wrote to them. Thanks for the heads up! I think I know what to expect! I fortunately have an attorney.

Hi Frogpatch been a long time, I havent been on the boards for a while!! How is FL?? boy I miss it!
really, this is insane dont you think?
there is no court date on this summons, nada. and if there was it is close to 5 hours away from me. I have no way to get there at this point. I had to move, I was laid off and basically on the brink of being homeless with my children. I have actually read up on this Sessoms and Rogers (the attorneys for RJM) I have not read anything really good about them.
So- my question would be just send my answers to the complaint to them and the county they filed their complaint in?
I used to work for a lawfirm and I know some things on how to word the answer document, but before I do that, I need to find out why they have not contacted me prior?-and shouldnt they validate this debt?
or should that all be included in the answer to the Complaint?- I cant retain a lawyer with out money so... I am on my own here.

[SIZE=3]The first thing I think I would do is try to determine if it is real. I would check with the courts of both counties you lived in to find out if there is a case. It seems like you have already done that. I would also do some investigation on the service method through both courts to try to determine if it was a proper service and if it was a real officer. I don???t think I would answer if I found out it was fake. [/SIZE]

[SIZE=3]Unfortunately the amount is almost to low to really consider an attorney. In this case, I think an attorney would settle for around $800 and then charge you another $200 just to write one letter. If it goes to court then it might cost you more than if you paid the full $1350 they are asking for. [/SIZE]

[SIZE=3]Ultimately, I would investigate through the bank and try to settle with them. I think you should pay them the original amount owed plus minimal fees. For example, if you bounced a $1000 check and they covered then I think you should pay them the $1000 plus maybe $100 in fees at most. [/SIZE]
[EMAIL="ewall_1999@yahoo.com"][/EMAIL]

Answer the complain by denying each and every allegation contained in it. Then raise the affirmative defenses of:

1. Failure to state a claim. If it is an account stated submit an affidavit that states that "Prior to the filing of the lawsuit and within a reasonable time, I disputed the amount allegedly due on the account and demanded an accounting."

2. No consideration. The issuing bank did not provide you with any consideration supporting the payment obligation.

3. No damages. The issuing bank did not suffer any damages as a result of the alleged breach.

4. Lack of Capacity to Sue. The issuing bank sold the receivable arising from the credit card account to a third party trust who is the real party in interest.

Demand a jury trial.

I would file a Motion to Dismiss for failure to include a signed contract or agreement with the Complaint.

If you file a motion to dismiss they can set it for hearing and then you have to appear. It will only delay, but you are right. They need to attach a copy of the Account and/or contract if they refer to it in the complaint. Also, because their is a debt purchaser, send them a FDCPA verification letter and they too need to include a copy and proof of an assignment under the U.C.C.

If you want, fax me the complaint 561-431-3168 I will draft for educational purposes only an FDCPA demand letter. Below is what it looks like:

Notice is hereby given in response to your complaint filed in [INSERT NAME OF COURT] and pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g ?809(b), and the F[INSERT YOUR STATE] Uniform Commercial Code. Your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for validation pursuant to the above named law. I request that you provide me with competent evidence that I have a legal obligation to you for a debt.

[FONT="]Provide me with the following: i) an explanation of what the amount is owed and how it was incurred; ii) an explanation of how this amount was calculated in the form of an accounting that complies with the [INSERT YOUR STATE] Uniform Commercial Code, 9-210; iii) copies of any documents that show I agreed to pay this amount; iv) an identification of the original creditor (“WACHOVIA” is not sufficient); v) proof that the statute of limitations has not expired on the account; and vi) proof of and a copy of the assignment in accordance with the [INSERT YOUR STATE] Uniform Commercial Code ?9-406.[/FONT]

Thanks for the suggestions, yesterday I did call the Courthouse where the Complaint and summons was filed, and they did indeed say that it was legit. they also said that there was no court date, that I did have 30 days from the date of service (1/18) to answer complaint.

SO my game plan was to send an answer, with a debt validation letter to both the RJM Acquisitions as well as their "attorney".

I also will include that I am willing to settle for the amount of the actual "overdrawn amount" and not their BS extra charges.

and if this does not work, I do want to ask-------- if a default judgement does happen, and I pay it off say in 6months, I understand a judgement will show for 7yrs, but a paid judgment is better than an unpaid judgement correct?

Thanks! I am so glad to have everyone's input... ;)

The Summons can not be handed to a minor.
Check the courts and see if there is a date.
The sheriffs will have paperwork and shopuld be able to tell you the date of action.

Remember just because someone else says it's true... does not mean it is

DON'T ADMIT THE DEBT. I am a lawyer. I defend people from debt collectors like RJM. First call a lawyer. Try Erik Kardatzke, Scott Owens or Leo Bueno in Miami-Dade county (I am one of the three) - you can google them.

A specialist will charge you less than they are suing you for, because 1) they are efficient, and 2) they might get paid by the other side. I love defending against RJM - they lose. There are many defenses, but usually I can win without a defense, by using procedure against them that they give up.

Do not admit the debt in court. It is BETTER to get a default judgment, b/c Rule 1.540 lets you set aside default judgments, but if you sign an admission or admit something in open court - there is little that can be done. Call Scott 954 923 3801 Leo 305 669 3930 or Erik 305 444 4323 - they are the best credit card consumer defense lawyers in town.

DON'T SAY YOU ARE WILLING TO PAY. The court will take that as an admission and enter a default. Hire an attorney ASAP if you filed an answer offering to pay part of it. You will get a judgment against you by the way of a Motion for Judgment on the pleadings or summary judgment. Search "debt defense" there are a couple of lawyers in Miami who really know how to beat debt collection attorneys and they don't charge by the hour. A summmons can be served on anyone 15 or older that lives with you. Also other defenses exist that were not mentioned above. Good luck & get an attorney who does lots of these cases -

OK Thank for all the advice I have been getting regarding RJM/Wachovia COmplaint.

1st thing I did was send an Answer to the complaint to be filed with courthouse
2nd I sent a validation letter to the Atty whom is handling the RJM's acct.
3rd I send a copy of the answer I sent the courthouse to the atty handling the RJM account

today I got a letter from the atty NOT validating the debt, only to say that since I do not live in the county they had sent to the summons to originally, they moved to have a change of venue to the county I live in now.

NO court date, NO validation, NO nothing. or Should I expect more to come?

Should I just call them, ask them for a breakdown in what I suppose to actual owe Wachovia, and if that jives with what I might have, try to work out a payment arrangement?- if they refuse, and a courtdate is set, and a default judgment is rendered, who would i make payments to in order to resolve the issue, even it just shows, default-paid in full.

I do not have money for an attorney, and would just like to see this go far far away..

Thanks in advance for any suggestions.;)

bump.........any suggestions?

oh woe is me. I racked up a bunch of debt using my bank account to purchase things I couldn't afford. But what the heck, right? Hey I'm entitled to bling myself out with no money to pay the bills right? So then after the bank took away my ability to keep racking up debt I couldnt pay off, I moved around a bunch so nobody could find me. Well, I figure by now it should all be water under the bridge. Who the hell cares what the laws are. I dont think its FAIR that I should have to pay. I mean, I dont want to pay or be responsible for myself, so why cant big bad RJM and the mean banks understand that? Well just when I thought I was safe, because, you know, hey, I decided it should be over with, I got an innocent letter, advising me of opportunities to pay LESS than what I owe! Well who the bleep do they think they are? Collecting money I actually owe? reporting accurate information on my credit report? Why cant the world just revolve around me and hand me everything I want? waaaaaahhhhhhhhh

Heres some advice to all of you...

1. Dont spend more than what you make
2. Newsflash, when you sign up for a bank account, you authorize that bank to charge fees for YOUR financial mistakes.
3. yes, sometimes you overdraft by mistake, sometimes it's because of hard times, but that doesnt mean you dont OWE IT.
4. right or wrong, YOU SIGNED FOR THE ACCOUNT --- YOU OWE IT
5. If you overdraft your bank account by $1000 and dodge it for a few years, you might owe some fees and/or penalties or interest.

So grow up, take some responsibility for you OWN ACTIONS.

oh, yeah, and stop being a deadbeat, cause guess what, all of those evil RJM employees? Guess what, they pay taxes and THEIR BILLS WITH THEIR PAYCHECKS!!!!!!!!!

I have been on and off this website for quite sometime now,I have always been courteous and try to help or ask questions in a polite manner, but in your case, I think I am going to throw caution to the wind...

you must be a one of those F-tards that get on here and have no clue as to a persons life or situation. People come here when they are in need of advice or help and have no one to turn to.
Regardless how they got in debt through desperation or irresponsibilty is none of your or mine concern. Only that they are trying to find a solution to the questions they have.

so buddy. go back to your vaseline and online porno and make your slave wage at RJM or whatever job you claim you hold stop by your nearest over pass, get your baggie of crack and go put in it your pipe and smoke it. your a low life and scumbag that preys on troubles or woes of others. I hope you sleep well after your crack buzz and maybe one day you'll wake up sleeping under that overpass cause Karma will catch up with you.

it always does LOSER.

:D

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well this was eyeopening. i wish i had read all this BEFORE i paid it. now can anyone tell me once you pay this will they update your credit report and will you be able to open a bank account?