Re: CATBALLOU

Posted by Rlee from OH (207.221.79.26) on January 19, 2004 at 23:31:46:

In Reply to: Re: CATBALLOU posted by Rapidlygoinggray on January 19, 2004 at 21:37:02:

Rapidlygonggray, Thanks for the information, first understand I am from Ohio, and my information is based upon my own law suits which were handled by an attorney here in OH.
1st. as I understand it this is your only debt, am I right in that?
2nd. You can file for bankruptcy, if that is what you decide to do, now, or after this current law suit runs its course. If they should get a judgement against you, it will be dismissed in the bankruptcy. If you file BK now, this current law suit will be stoped immediately, and will end, and the debt owed will be delt with in the BK.
So either way, now or later, a BK will handle your problem, if you should decide to go that route.
I see you mentioned that a relative may be able to help you. If you are judgement proof (which means, so what if they get a judgement against you, you have nothing for them to take, you are not working, etc. Then perhaps after the end of this current court case, if they sould win and get a judgement against you, you contact them and tell them you can do this or that. This being here is an offer to settle the judgement, take it or leave it, because if they do not take it, you will file for Bk, and they will get nothing, that the money you are offering them to settle is not yours but someone willing to help you.Who that is is none of thier buisness. If this should come about be very carefull to make sure the you get the documents recorded that show the judgement is satisfied.
If you should go ahead with this court case, you need to get an Amended answer filed, stating your defenses. My attorney here in Ohio stated First Defense, Defendant denies the allegationss and avermants contained in the complaint. Second Defense, Defendant denies that the Plaintiff is the real party in interest in this matter.
Third Defense, Defendant states that the Plaintiff has failed to state a claim upon which relief can be granted.
You also should file an objection to the Plaintiff's Motion for Summary Judgement.

All of this is information for you to have so that when and if you discuss things with an attorney (if you do) you have some ideas to talk with him about.

As you can see you have options, to think about. Try and relax, I see somewhere down the road you will see that ultimately you will be in the drivers seat in dealing with this, one way or another.
Rlee

By the way that affidavit in their complaint is a bunch of crap. It proves nothing, what in the heck does CCSI/USA and Universal Bank NACC have to do with anything? Get my drift. A couple of statemtns means nothing and proves nothing, as to the dollar amounts they say you owe.
How in the hell does this person in th affidavit have Personal Knowledge of your account, lets see all the documents, the original application, copies of all the variousl charges and purchaes with your signature, and credits for all the payments made. You may owe CITI, but you owe nothing to RMA. have them show you the contract, between them (RMA) and CITI.

Rlee

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