Summons today 20 months after sending VOD and no response..more inside

[kaptnjack]

January 7th, 2008




Greetings group,

Well...I don't know where to start other than thank you for you hospitality and hard work.

I found your website several years ago, I have gone through it and applied the information to issues and characters crossing my path over the last several years. These actions have been successful/satisfactory.

Today....I have an "opportunity" to again apply these measures but in this instance...I am a bit confused and overwhelmed.

If anyone has the time I would appreciate any advice you may offer concerning a summons that was just presented an hour ago at my door.

facts of presentment:

Summons issued in marshall County, TN.
October 29th, 2007

I was served at my door today at 6:30pm almost 70 days after issue, (first known attempt) I did not sign for it.

Summons states: Fleet Card Services Velocity Investments V. ME..."suit on sworn statement $7,9XX.XX plus costs and fees".

I am to appear in marshall County General Sessions Court on January 15th, 2008....Seven days.

I live in an adjoining county for 30 years at the same address.

Summons contained two documents, the summons and a photocopy of an Affidavit issued and notarized in Monmouth County, New Jersey on March 17th, 2006

The "Attorney for Plaintiff" is listed as Bovine & Associates (B&A) with mail and phone contacts. There is no person or attorney listed by name.

The reference File# C06-XXXX

Ok...that's the information on what I got today.





Now...here's the fun part...... You're gonna love this.


NOTE: the included affidavit with today's summons was dated March 17th, 2006.

On April 11th, 2006 I received a collection letter/mailing from Bovine & Associates referencing the same File number to the correct address.

I promptly mailed a complete and proper VOD on April 27th, 2006, mailed to B&A with delivery confirmation.

I received no response to the VOD and no further collection letters since April 11th, 2006.

Now...about four to five months ago, B&A began calling my parents home. My 75 yr old mother answered initially and said that she rarely sees me but would pass on the message, this is true and she did. Mom had said on occasion since then that B&A had called, I was under the impression that it was maybe a handful of phone calls over that time and I apologized. I have been recently informed that B&A has called her about sixty times ...all date logged. Well...this didn't go down to well.

I immediatly sent B&A a proper Cease Telephonic Communication Letter on December 19th, 2007 with delivery confirmation. They received it on December 21st, 2007. A few more calls came in over Xmas including New Years Eve night (12-31-07). We discussed it and resolved that the holidays may have been a difficult time to timely remove my/her phone number from the dialer systems....so we will wait. Calls continued....Jan 3, 2008, Jan 7, 2008.

Today I was served the summons on the same reference file# as was dunned over a year and a half ago and I thought resolved after VOD and by failure to verify/respond upon request.

Tryin' really hard aren't they?

So...I really don't know where to go from here since I already VOD'ed without response 20 months ago. Seven days is little time to study, learn and prepare and I would rather not enter a courtroom ... even in another county.

Seems to me there is a lot of stuff going on here that smells.

Any ideas or thoughts...can I add or supplement the above to provide more detail or info?



Sincerely,

Kaptnjack

[kaptnjack]

Thanks PureTrust for the attention.

In TN....6 years is the SOL for open contracts, Judgements are 10 years and renewable.

ICE, Jersee, Chicago...you guys into this?

[Livefire]

Long time no see dude.... You are going to have to make some sort of answer or otherwise they will get a deafult judgment against you. I will remind you that your opponent is monitoring this board, so dont tip yer hat here!

[kaptnjack]

its a brave new world my friend....we are all watched now.

Anyway...thanks for the suggestions.

A little study easily revealed that the summons, process and service all deficient on their respective face.

I am a little more than aggravated however.

[kaptnjack]

Pure Trust

heres a link to a site that lists these statutes/rules by state.

http://www.fair-debt-collection.com/SOL-by-State.html

[mrg]

Originally Posted by Livefire

I will remind you that your opponent is monitoring this board, so dont tip yer hat here!

Yeah they sure are, and apparently with recently renewed interest.

Anything anyone shares better make sure you put the "not legal advice" caveat on, or you are likely to have your post end up as evidence in a UPL complaint.

We will rue the day we ever let the BAR Association have its monopoly.

[Extramural]

quasi-estoppel

and

equitable estoppel.



Also estoppel by ratification, which is close to quasi-estoppel.

[kaptnjack]

starting over

new tack.

[kaptnjack]

Everything went well in court and the complaint was dismissed as a non-suit at the request of the plaintiff’s attorney.

Lots of study and research allowed me to assemble some great tools and document my evidence.

I went to the clerk’s office the day before court and asked lots of questions about the players, court etc. I also asked about filing an answer and various motions, forms, format etc.

The answer to every question was....if you are goin to show up...just tell it to the judge...we don’t file stuff in civil court...huh?

Leaving a little concerned...headed home for more study.

Thinking it through led me to try a different or multi-pronged approach and decided play the game all the way to the courthouse door. The "no stone unturned" theory.

I composed a nice cover letter that was direct and professional in tone and constructed a series of questions most relevant to the complaint and account. A list of 12 questions only requiring a "yes or no” answer asking simple questions of fact. They were all direct questions about our various interactions concerning this account/complaint. I sent the email and attachment the day before court asking for a response.

Of course...I knew the answers to each already...I had the supporting evidence as to their fact and consequence..they were all unquestionable violations of FDCPA...most, if answered yes or no...would have been a violation.

I really didn’t expect a response but I knew he would read it..

My encounter at the clerk's office made me suspicious that the things might get sticky and I certainly was against being rammed through the system without any hope of some escape strategy. With the email sent and out of the way...I started preparing a strategy, timeline, script for presentation, demurrer, several motions...supporting law, decisions and cites, answer, statement of facts, affirmative defenses and 31 complaints to file as counter. I was well prepared with 5 motions and dozens of pages of supporting docs. Hell...I even had SEC reports on the players.

I stayed up most the night but wanted stuff in case things got goofy.


Everything I prepared was founded on my belief that everything I have learned, (thanks), and that my previous steps (VOD) to solve this problem was right.

That my understanding of the FDCPA, FTC, FCRA etc was sound and well played, all my study proved the VOD I sent two years ago was sound and backed by law, I had all my copies with mail receipts etc. I felt that I was ready for what ever and could speak the speak in the matter.

Showed up at court....asked around before 10am to find the attorney I expected be there..the one I emailed. Well, he wasn’t there but another attorney from the firm was standing in.

I thought...well..so much for the email strategy and proceed to ask..." I expected "other guy" to be here today..I sent him an email yesterday and got no response". Stand in guy says...."oh...I've seen the email...he sent it to me"...I said.."well...what are we going to do today?"

He said they decided to dismiss for non-suit, it was their privilege to dismiss the case prior to court and I could leave if I needed to. I asked for a biz card...he didn’t have one and handed me the little settlement card that read dismissed. I looked at it and handed it back pointing.....please initial here by "dismissed" and please sign your name at the bottom.

Ok...works for me. I'll hang around awhile.

I sat through about 75 minutes of proceedings till the complaint was called and sure enough..."stand in guy" says .."non-suit your honor"....never called me.

I didn’t get to use all my ammo......


thanks suijuris members for the support.

[FreeFromContract]

You may consider cross-linking this thread to the "Success" section (as this is certainly one) along with any supporting documents which you believe may help others in the future.

Congratulations and good work.

Originally Posted by kaptnjack

Everything went well in court and the complaint was dismissed as a non-suit at the request of the plaintiff’s attorney.

Lots of study and research allowed me to assemble some great tools and document my evidence.

I went to the clerk’s office the day before court and asked lots of questions about the players, court etc. I also asked about filing an answer and various motions, forms, format etc.

The answer to every question was....if you are goin to show up...just tell it to the judge...we don’t file stuff in civil court...huh?

Leaving a little concerned...headed home for more study.

Thinking it through led me to try a different or multi-pronged approach and decided play the game all the way to the courthouse door.

I composed a nice cover letter that was direct and professional in tone and constructed a series of questions most relevant to the complaint and account. A list of 12 questions only requiring a "yes or no” answer asking simple questions of fact. They were all direct questions about our various interactions concerning this account/complaint. I sent the email and attachment the day before court asking for a response.

Of course...I knew the answers to each already...I had the supporting evidence as to their fact and consequence..they were all unquestionable violations of FDCPA...most, if answered yes or no...would have been a violation.

I really didn’t expect a response but I knew he would read it..

My encounter at the clerk's office made me suspicious that the things might get sticky and I certainly was against being rammed through the system without any hope of some escape strategy. With the email sent and out of the way...I started preparing a strategy, timeline, script for presentation, demurrer, several motions...supporting law, decisions and cites, answer, statement of facts, affirmative defenses and 31 complaints to file as counter. I was well prepared with 5 motions and dozens of pages of supporting docs. Hell...I even had SEC reports on the players.

I stayed up most the night but wanted stuff in case things got goofy.


Everything I prepared was founded on my belief that everything I have learned, (thanks), and that my previous steps (VOD) to solve this problem was right.

That my understanding of the FDCPA, FTC, FCRA etc was sound and well played, all my study proved the VOD I sent two years ago was sound and backed by law, I had all my copies with mail receipts etc. I felt that I was ready for what ever and could speak the speak in the matter.

Showed up at court....asked around before 10am to find the attorney I expected be there..the one I emailed. Well, he wasn’t there but another attorney from the firm was standing in.

I thought...well..so much for the email strategy and proceed to ask..." I expected "other guy" to be here today..I sent him an email yesterday and got no response". Stand in guy says...."oh...I've seen the email...he sent it to me"...I said.."well...what are we going to do today?"

He said they decided to dismiss for non-suit, it was their privilege to dismiss the case prior to court and I could leave if I needed to. I asked for a biz card...he didn’t have one and handed me the little settlement card that read dismissed. I looked at it and handed it back pointing.....please initial here by "dismissed" and please sign your name at the bottom.

Ok...works for me. I'll hang around awhile.

I sat through about 75 minutes of proceedings till the complaint was called and sure enough..."stand in guy" says .."non-suit your honor"....never called me.

I didn’t get to use all my ammo......


thanks suijuris members for the support.