Court Assistance Please!!!!

Hi,

I will make this as concise as possible. I received a collection notice approx 6 months ago. I have some familiarity with VODs so I sent them one CRRR. 33 days later after no response I then sent a 2nd VOD letter,CRRR, with a fifteen day window for response, indicating the doctrine of estoppel would be utilized in my defense if there was no response, which there wasnt. However, I have now received a notice of summons regarding this matter. I want to slaughter them in front of a judge but I need help. I know there are references all over this site but no step by step guide on what to do. Help please!!!!!!!

BTW the DCA is this Wolpoff & Abramson!!!!!!!

[charlesa6]

refiman1, welcome to the forum!

What state are you in? How old is the debt (last time you made a payment)? Try to give us some more details without personal info.

[masterduke]

If that Summons contains the header "account, account stated" or something similar, which is a wolpoff/debt attorney sneaky way of sticking you. There is a short time window like 10 to 20 days(depending on the state where you live, regardless of the court date indicated) that you have to file a counterclaim against the summons otherwise their suit has standing regardless of what you did in the past with dunning letter replys (you can address that later) Conterclaiming their allegations is imperative to stave off what will be a slam dunk for them, either by you not showing up in court or when you go to court, the judge siding with them. The opening statement is tied to some law case cite that they use and it effectivly shifts the burden of proof from them to you. It will be tied to some old court ruling that found someone responsible for a debt to some entity. And thats how they the begin to velcro this crap to you. And the judge is an eager participient.

[squirrel]

Dont forget to RECORD all affidavits into the county record.

[Judge Roy Bean]

Originally Posted by refiman1

Hi,

I will make this as concise as possible. I received a collection notice approx 6 months ago. I have some familiarity with VODs so I sent them one CRRR. 33 days later after no response I then sent a 2nd VOD letter,CRRR, with a fifteen day window for response, indicating the doctrine of estoppel would be utilized in my defense if there was no response, which there wasnt. However, I have now received a notice of summons regarding this matter. I want to slaughter them in front of a judge but I need help. I know there are references all over this site but no step by step guide on what to do. Help please!!!!!!!

BTW the DCA is this Wolpoff & Abramson!!!!!!!

You're swimming with sharks, so I'd make two recommendations:
http://www.budhibbs.com (learn about your enemy)
http://www.creditinfocenter.com (forums)

[charlesa6]

Originally Posted by Judge Roy Bean

You're swimming with sharks, so I'd make two recommendations:
http://www.budhibbs.com (learn about your enemy)
http://www.creditinfocenter.com (forums)

Hehehehehehe!! Very funny, JRB.

Can anyone help?

What documents have they attached to the complaint? Usually, the JDBs attach nothing more than a unsigned and undated credit card agreement. If they have sued under the account stated COA, then they must attach an itemized statement, which must show every credit and debit from the time it was opened until it was closed. If this is not attached, file a motion to dismiss, it is unlikely they will be able to survive that attack. Estoppel probably won't work as a defense unless you can prove fraud, misrepresentation or deception on their part.

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