Complaint Review: Asset Acceptance LLC - Warren Michigan

Has anyone read the 48pan post?  Someone with knowledgable response.... please!

I need to answer them on these BS answers on Monday.  What is the legaleze I need to use to satisfy the judge?

I happened accross this Asset Acceptance LLC through a google search!  I have an Asset Acceptance complaint, it is up from china. MI.  It is in the NAF.  I still gotta deal with that.  Right now, I have A Stillman Law Office in MI that is representing Atlantic Credit and Finance.  I saw all those good interogatories, so I incorporated a lot of them.  I have been at these guys for about a year, two motions for summary disposition, and many other motions.  I got a response to interrogatories that does not answer ANY!  Anyway,here they are I hope youall don't mind.  I shortened up the questions a little for this post.

 1. was "correct name of plaintiff? what state? Provied copy of organiz. documents etc."  Answer:Plaintiff objects on grouinds it calls for irrelevant and immaterial info, and is not reasonably calculated to lead to the discovery of admissible evidence.  Subject to and without waiving the objection, Plaintiff states: Plaintiff is Atlantic Credit & Finance, Inc.

2. was Has the corporate charter been revoked by domicile state? Answer: Plaintiff objects, irrelevant and immaterial to present action, and ....etc. 

 3. Name of co that allegedly granted alleged credit, (and the rest of the quest). Answer: Plaintiff objects to this interrrogatory on grounds it is vague, ambiguous, errelevant and overly burdensome.Plaintiff further objects, as the requested information should already be in possession of defend.  Subject to and without waiving the above-noted objection, plainltiff stated :Plaintiff is Atlantic Credit & Finance.  Additionally, please see defendant's answer, exhibit B, wherein defendant openly acknowledges this account as his and indicates Payments he allegedly made. {This case was ordered to "Case Evaluation" by the judge, and the eval board stated they believe I should pay 400.00 of the 1800.00 debt which is all interest and late fees.}

 4. WHat is the name of any intyermediate owners of alleged debt? Answer"Plasintiff objects to interrogatory that it seeks information which is beyond the scope of discovery, where it seeks info that is not relevant and not reasonably likely to lead to discov  of relevant evid.  Subject to and witho0ut waiving the above-noted objection, plaintiff states: Please refer to attached affidavit.(Affidavit of representative of HSBC bank of Nevada)

5. Provide names, residences, business addresses, titles and telephone no's of all people plaiontiff employed in collection activities of alleged account. Answer: Plaintiff objects on grounds it is vague, ambiguous, irrelevant, and overly burdensome. Plaintiff further objects to the extent it seeks info beyond scope of discov, seeks info that is not relevant to any issue in the case and not reasonably likely to lead to discov of relevant evidence.        

Then Production of Documents

6 Provide all notes, memopranda, emails, compter records, etc.  Answer: Plaintiff objects, vague, ambiguous irrelevant overly burdensome, and should already be in my possession.  See attached.

7.Provide all documents intended to use at trial.  Answer: Plaintiff objects, vague, ambiguous, irrelevant and overly bordensome.

8. Provide name, address title and telepone numberof all witnesses intended to call. Answer:Plaintiff objects, vague, etc. Plaintiff has not determined who will testify yet.

REquests for admissions

9> Admit plaintiff does not have custody of documents with defendants signature. Answer: denied. defendant has sent "documents" to Plaintiff bearing his signature.

10. Admit engageing in conduct in violate of FDCPA. Answer: Denied

11.Admit any person has first-hand knowledge of what they will tistify. Answer:Admitted as for Plaintiff.

12.Admit that signature on all charge slips is that of defendant. Answer: Plaintiff objects vague, ambiguous, irrelevant, ovewrly burdensome, and ifo that should be in my possession. (I don't think so).

I hope you can tell me how I am supposed to answer some of these.  Some, like the last one is obvious that they have to have it or how could they charge for it.  But the others, do I have to pick each one appart and make them compell individually?  How do you file a motion for contempt.  Can you make the judge do it?  Shure was a long addition to Kevin's post, Sorry Kev, but I used a lot of stuff out of it, and I shure would like to get some feedback from pro-se and Robert. Don't know any other way.  I gotta have my stuff ready by Monday. (2).  Answer RSVP.(thanks for all the info)

Kevin, Pay your bill, and you wont have any issues.  I'll bet if your employer refused to pay you, you would be on rip off report screaming, and ranting, and raving that you were cheated.  

The real rip off here is you!!!! You made charges on your mastercard, and then refused to pay for what 5 years now.

God has a special place in hell for people like you who have no honor at all.

DEADBEAT!!!!

Hey Kevin, I assume you sent the forms to Asset CMRRR. They must answer the discovery within the allotted time allowed in the State of VA. If not, you can file a motion to compel after the window to answer your discovery expires for Asset.

I only mentined counterclaims because another poster brought it up. I personally don't advise you to file any counterclaims that aren't substantiated. Just stick to getting your case withdrawn. Your only concern is getting them to withdraw their claim. Not to get your hopes up, I made an IN STATE law firm withdraw just on discovery alone for a balance near 10K as I made reference to on this very report.The creditor was the original too and I'm sure they had far better records than Asset (junk debt buyer). Seeing as your balance in only 2K, I'd like to believe Asset may say "screw it" and move on to those who failed to answer and are easy default judgments.

I've never filed a motion for continuance so I can't personally offer advice on that. I fortunately made all 3 plaintiffs withdraw several weeks after my answers and discovery. Hopefully asset is looking at your forms and likely moving onto easier prey. Congratuations on your upcoming marriage and I hope you get good news on this front soon !

Update:

Last Thursday, I filed my Motions to Strike, my Interrogatories, and my Requests for Admissions at the Clerk's office. I also mailed them to the Plaintiff's Attorney the same day. Yesterday, I went in and filed my Grounds of Defense (I denied all points and included a number of Affirmative Defenses). I guess it's "wait and see" at this point. To those who've suggested it: I simply cannot afford a lawyer. They are suing me for a little over $2000. A lawyer would cost me $1500. If I lose, now I just lost $3500 insteadof $2000. I don't care about countersuing. If I knew I had a slam dunk case, I'd do it. I just don't feel like I do. I just honestly hope they drop their case. :(

Do any of you know much about getting continuances? The trial date is in mid-September. I'd really like to get it continued to sometime in November, because I'm getting married in October. I figure it'd give me a chance to get my finance/bill statements in order (in case I lose), as well as increase the chances of them dropping their case. I plan on stating that I need more time to prepare, since I'm appearing Pro Se, and don't wish to injure myself by not having all the information in order. Do you think a judge would go for that? Is asking for 60 days ridiculous?

Robert, where in this report did I suggest Kevin H make a statement of sworn denial? Please explain yourself. I suggested how he should answer the 3 paragraphs in assets complaint and how to make his affirmative defenses and discovery steps. Nowhere in this report did I once say anything about SWORN DENIAL. Your reference to the Alabama Attorney giving that advice is a site I have seen by the way. I don't see how that correlates to a thing I referenced in this report to Kevin H.

Are you confusing my 6 AD's for debt buyers with the sworn denial statement I made no reference to whatsoever in this report Robert? After some rereading of your online etiquette (or lack thereof) directed at me on this report, any future communication concerning you will be "To Cliff Clavin." With that said Mr. Clavin, tell Norm and Sam I said hello.

"Otherwise, any lawsuit initiated by the debtor for agency violations should be filed at the state and federal level because you can also win damages on top of the $1000 maximum allowance for FDCPA violations per case." That is the exact sentence I put in my last post to Tim just above blowhard. I clearly STATED that damages above and beyond the $1000 for the actual FDCPA violations can be pursued at the state and Federal level. Hey blowhard, my post here concerning my ordeal with Cohen and Slamowitz is EXACTLY how I set up my answers, affirmative defenses, and discovery. They withdrew their claim several weeks after receiving my pretrial forms WELL before it went to trial. So genius, if WNY ALLEGEDLY only allows one AD, why didn't the court or Cohen and Slamowitz object to my AD's as you put it as a "layered defense" ? Answer that one punk! I'm the one who successfully made Cohen withdraw pro se. I will repeat myself again Robert in Buffalo/Irvine/Rochester, if I gave actual case #'s, I'd have punks like you and umpteen collection agencies complaining that I am giving people scoops on how to stop their respective businesses in their tracks and likely get harrassment upon other things in return. I will go to my grave with the knowledge that how i EXACTLY formatted my pretrial forms to Cohen as shown here on this report caused the case to be dismissed. Just so you know too, they did actually answer my requests for admissions but never answered my interrogatories and production of documents. When they mailed me their answers to my requests for admissions, one of Cohen's attorney's said in a letter "the creditor is willing to discount the amount of the claim and offer reasonable payment options to avoid further litigation if possible." At that exact point, some defendant's may of been dumb enough to call them to "make arrangements", hence, admitting they owe.LOL. They must of thought I was born yesterday. I ignored that letter knowing they still needed to answer my INT's and POD's. A couple weeks later, I went to the local court and was told the Plaintiff dropped their claim. So I didn't even need to file any motions to compel.That's the scoop punk. As far as saying i gather my info for pretrial forms from online sources and law books at the UB Library, no crap sherlock !. Neither you or I invented NY State Rules of Civil Procedure so OF COURSE I use references from existing sources to gather my info. You are putting it into the context like I am plagiarizing or something. That's typical of you punk. You attack the poster. Lastly, do I recall a year or two back when I misstated some case law here when I first found myself behind the 8 ball? Certainly.Seeing as it was the first time in my life i had financial difficulty, I had to learn and it didn't happen overnight. Like anyone else, I had to put the time in starting from scratch to learn what I'd otherwise be paying some attorney $200/$300/hour to do for me.Fortunately 3 years later, I now have to date, forced 3 law firms to drop lawsuits filed against me and have won MANY "out of court settlement checks".Not bad for a guy who has never paid one cent to an agency or attorney. However, UNLIKE YOU, i fess up when I give "misinformation." I once again went over a step by step process of how I forced an ORIGINAL CREDITOR represented by C & S to withdraw. The info posted is EXACTLY as it appeared when I filed it with the court. Yes, I still have the stamp of filing from the court clerk too Robert. I save all my forms. I never suggested Kevin H not to get "second opinions" on his pretrial forms. I clearly stated that in an above post. If he wishes to get a 30 minute free consultation with some consumer defense attorney, by all means if he so desires. I just feel that as consumer, if you have the proper forms and know the court procedures,one can easily educate themselves without paying money out of their pockets that they can likely ill afford to throw away to begin with. I am 3-0 against one OC and two debt buyers so once again Robert, no one has objected here in WNY to how I've prepared for my prior 3 cases. Do I think it's possible my discovery made them walk away? ABSOLUTELY. That's why you do discovery. You rack up their legal fees to the point that pursuing you isn't cost effective. These Law Firms representing OC's and Junk Debt Buyers are an outside entity so they charge the creditor BY THE HOUR. If these creditors were smarter, they'd have an INHOUSE attorney that is salaried and only has to be paid out to cover Plaintiff filing fees. I've done what I can to offer Kevin H free advice based on past experience. My only concern is that he wins his case. Robert, you are once again making references to things not related to this report in reference to myself once again. You know how I feel about you and I also know I gave Kevin H input on how I forced a creditor to walk away. I think at this point, you need to walk away before you make yourself appear to be an even bigger middle aged blowhard than you have already shown here.

Tim: good luck trying to convince "fdcpaviolationswinner" of anything. He's our new resident "attorney" dispensing misinformation and regurgitating crap he finds on line. I doubt his credentials as did Robert in CA. He makes rather fundamental errors regarding the FDCPA. As a former debt collector in NY, I would expect him to be aware of GPL Article 29H but have yet to see him mention that to anyone in NY. I'm still waiting for the court dockets/case numbers were he claims to have been sued here in WNY. Kevin: I urge you to engage an attorney and up this matter into District Court. You can win MORE THAN $1000. "fdcpaviolationswinner" is WRONG AGAIN. Please seek a real attorney-www.naca.net or legal aid to help you with this. You can petition the court for a postponement to obtain legal counsel. The clerk of the court will assist you in requesting this type of delay. Fdcpaviolationswinner: The STATUTORY damages under the FDCPA are capped at $1000 but REAL DAMAGES are not capped at all. Kevin can (and should IMO) sue for ACTUAL DAMAGES. Actual damages can be all sorts of things; stress induced insomnia, stomach upset, nervousness, reduced credit scores that result in higher interest rates/insurance rates, etc. You repeatedly tell folks that $1000 is the most they can sue for-YOU ARE MISTAKEN YET AGAIN. Federal Court, NY western division awards damages to the plaintif ABOVE $1000 as well as easy attorney fees of $3000 and more. How do I know? Because I have testified before Judge Elvin and Judge Acara (on debtor's behalf.) Also, your copied-from-the-internet sworn denial is crap and is verbatim what's on debtorsboards, complaints.com and a certain southern lawyer's website. Here's a tip for you-the attorney who posted that "layered" defense clearly states on his website to CHECK THE RULES of the court that will hear the because many jurisdictions do NOT ALLOW SUCH A LAYERED DEFENSE. In other words, some courts (as here in WNY) will not accept a "it's not my debt, but if it is it's not correct, or it's been paid, and so forth ad nauseum. The plaintif in these here parts picks a (one) defense and proves that defense as valid. Good luck to you Kevin. Be very careful of anything you do pro se, especially if it comes from fdcpaviolationswinner. I again urge you to consult with a real attorney.

Tim: good luck trying to convince "fdcpaviolationswinner" of anything. He's our new resident "attorney" dispensing misinformation and regurgitating crap he finds on line. I doubt his credentials as did Robert in CA. He makes rather fundamental errors regarding the FDCPA. As a former debt collector in NY, I would expect him to be aware of GPL Article 29H but have yet to see him mention that to anyone in NY. I'm still waiting for the court dockets/case numbers were he claims to have been sued here in WNY. Kevin: I urge you to engage an attorney and up this matter into District Court. You can win MORE THAN $1000. "fdcpaviolationswinner" is WRONG AGAIN. Please seek a real attorney-www.naca.net or legal aid to help you with this. You can petition the court for a postponement to obtain legal counsel. The clerk of the court will assist you in requesting this type of delay. Fdcpaviolationswinner: The STATUTORY damages under the FDCPA are capped at $1000 but REAL DAMAGES are not capped at all. Kevin can (and should IMO) sue for ACTUAL DAMAGES. Actual damages can be all sorts of things; stress induced insomnia, stomach upset, nervousness, reduced credit scores that result in higher interest rates/insurance rates, etc. You repeatedly tell folks that $1000 is the most they can sue for-YOU ARE MISTAKEN YET AGAIN. Federal Court, NY western division awards damages to the plaintif ABOVE $1000 as well as easy attorney fees of $3000 and more. How do I know? Because I have testified before Judge Elvin and Judge Acara (on debtor's behalf.) Also, your copied-from-the-internet sworn denial is crap and is verbatim what's on debtorsboards, complaints.com and a certain southern lawyer's website. Here's a tip for you-the attorney who posted that "layered" defense clearly states on his website to CHECK THE RULES of the court that will hear the because many jurisdictions do NOT ALLOW SUCH A LAYERED DEFENSE. In other words, some courts (as here in WNY) will not accept a "it's not my debt, but if it is it's not correct, or it's been paid, and so forth ad nauseum. The plaintif in these here parts picks a (one) defense and proves that defense as valid. Good luck to you Kevin. Be very careful of anything you do pro se, especially if it comes from fdcpaviolationswinner. I again urge you to consult with a real attorney.

Tim: good luck trying to convince "fdcpaviolationswinner" of anything. He's our new resident "attorney" dispensing misinformation and regurgitating crap he finds on line. I doubt his credentials as did Robert in CA. He makes rather fundamental errors regarding the FDCPA. As a former debt collector in NY, I would expect him to be aware of GPL Article 29H but have yet to see him mention that to anyone in NY. I'm still waiting for the court dockets/case numbers were he claims to have been sued here in WNY. Kevin: I urge you to engage an attorney and up this matter into District Court. You can win MORE THAN $1000. "fdcpaviolationswinner" is WRONG AGAIN. Please seek a real attorney-www.naca.net or legal aid to help you with this. You can petition the court for a postponement to obtain legal counsel. The clerk of the court will assist you in requesting this type of delay. Fdcpaviolationswinner: The STATUTORY damages under the FDCPA are capped at $1000 but REAL DAMAGES are not capped at all. Kevin can (and should IMO) sue for ACTUAL DAMAGES. Actual damages can be all sorts of things; stress induced insomnia, stomach upset, nervousness, reduced credit scores that result in higher interest rates/insurance rates, etc. You repeatedly tell folks that $1000 is the most they can sue for-YOU ARE MISTAKEN YET AGAIN. Federal Court, NY western division awards damages to the plaintif ABOVE $1000 as well as easy attorney fees of $3000 and more. How do I know? Because I have testified before Judge Elvin and Judge Acara (on debtor's behalf.) Also, your copied-from-the-internet sworn denial is crap and is verbatim what's on debtorsboards, complaints.com and a certain southern lawyer's website. Here's a tip for you-the attorney who posted that "layered" defense clearly states on his website to CHECK THE RULES of the court that will hear the because many jurisdictions do NOT ALLOW SUCH A LAYERED DEFENSE. In other words, some courts (as here in WNY) will not accept a "it's not my debt, but if it is it's not correct, or it's been paid, and so forth ad nauseum. The plaintif in these here parts picks a (one) defense and proves that defense as valid. Good luck to you Kevin. Be very careful of anything you do pro se, especially if it comes from fdcpaviolationswinner. I again urge you to consult with a real attorney.

If Kevin H exercised the 6th AD I suggested earlier, he should be able to raise "counterclaims" on this specific case he's currently preparing for. Otherwise, any lawsuit initiated by the debtor for agency violations should be filed at the state and federal level because you can also win damages on top of the $1000 maximum allowance for FDCPA violations per case.It's not $1000 per violation. It's per CASE. Unfortunately, I do not believe Small Claims allows debtors to seek "damages." If I am wrong about small claims procedures to that effect, by all means correct me and explain why. Thanks Tim.

Kevin Sue Asset Acceptance for everything you can get out of them in small calims court.

Excellent and professional format once again Kevin H. However, I would put the "definitions' and "directions" page first and include your interrogatories and production of documents page second. I do also recommend the Requests for Admissions to add to the 8 combined INT's and POD's. Just include requests for admissions starting at #9. Most jurisdictions that I know of allow 20-25 combined discovery demands. By the way, you are now the teacher as far as VA rules of civil procedure go.My familiarity is NY. I would go to the court clerk just to double check if all your forms (motion to strike, discovery,etc.) need to be filed with the court AND mailed CMRRR to Asset's physical address. I know some jurisdictions don't require filing pretrial forms with the court and others do. Better to be safe than sorry and ask the court clerk ASAP. Sample Requests for Admissions 9) Admit that Plaintiff does not have custody or legible copies of any documents with Defendant's signature on it. 10) . Admit that Plaintiff's employees regularly engage in conduct and collection tactics that violate the FDCPA. 11) Admit that any person who will testify has actual first-hand knowledge of what they will testify regarding this complaint. 12) Admit that the signature on all the charge slips of the alleged original balance is a signature made by the defendant.

Thanks for the high marks teach! :) Here are my interrogatories. Please critique if necessary. Also, as far as the Motions and Interrogatories go, do I mail them to the Plaintiff and to the Clerk of Court? Is there an order I do that in? Should I mail the Motions first and then the Int's or does it matter? Also, I had someone suggest that I serve them with Requests for Admissions on top of the Int's. Any thoughts on that? Ok, here are the int's: "STATE OF VIRGINIA IN THE COURT OF COMMON PLEAS COUNTY OF NEWPORT NEWS Asset Acceptance, LLC. ) Civil Action No: XXXXXXXXX Plaintiff, ) vs. ) Defendant Name ) FIRST INTERROGATORIES Defendant ) TO PLAINTIFF, Asset Acceptance, LLC. FROM: DEFENDANT Defendant Name TO: Plaintiff: Asset Acceptance, LLC. YOU WILL PLEASE TAKE NOTICE that pursuant to Rule 8.01-216.11 of the Virginia Rules of Civil Procedure, you are hereby required to respond fully in writing, and under oath, to the following Interrogatories, and to serve your answer to these Interrogatories upon the undersigned, within 21 days after service of the same upon you, subject to the Definition of Terms and Directions attached hereto as attachment A. INTERROGATORIES 1) What is the true and correct name of the Plaintiff? In what state was the Plaintiff organized? When? Provide a certified copy of the Organizational documents as well as certified copies of any amendments thereto. 2) Has the corporate charter lapsed of or been revoked by the Domicile State? Provide a Certificate of Good Standing issued by the appropriate Department of the Domicile state. 3) What is the name of the company that allegedly granted the alleged credit that is the subject of this matter? Provide a copy of the application for credit that the original creditor relied on, a copy of a promissory note or other document indicating the Defendant agreed to be bound by any credit agreement, as well as a complete posting of the account showing all charges, debits, credits, returns, offsets and charge-backs from inception of the account to present date. 4) What is the name of any intermediate owners or assignees of the alleged debt? Provide a complete chain of ownership and assignment from inception to present. 5) Provide the names, residences, business addresses, titles and telephone numbers of all people the plaintiff employed directly or assigned who regularly engaged in collection activities in regards to the alleged account of the defendant. Production of Documents Requests for the Plaintiff 6) Provide all notes, memoranda, emails, computer records in written (nonmagnetic) form and any and all other documents not protected under Attorney-Client privilege regarding the defendant's alleged account, included but not limited to contracts, charge slips and credit memos. 7) Provide any and all documents the Plaintiff intends to or may produce at trial as evidence. 8) Provide the name, address, title and telephone number of all witnesses the plaintiff may or intends to call at Trial, as well as a synopsis of their testimony and their capacity as a custodian of the matters to which they may testify. Date:__________________________________ Defendant Name, Attorney Pro se ________________________________________________________________________ Attachment A: Definitions of Terms and Directions DEFINITION OF TERMS The following definitions apply to each of the Interrogatories set forth below, and are deemed to be incorporated in the Interrogatories: A. The word person means all entities, including all individuals, joint owners, companies, partnerships, joint ventures, corporations, trusts and estates. B. The word document(s) means all written, recorded or graphic matter, whether produced or reproduced or stored on papers, cards or tapes, belts, computer devices, or in the constructive possession, custody or control of you, your officers, directors, agents or employees or which are known by you to exist; and includes originals, all copies of originals, and all prior drafts, including but not limited to the following: writing, papers, correspondence, drafts, notebooks, telegrams, diaries, accounts, invoices, orders, letters, reports, notes, memoranda, manuals, drawings, diagrams, sketches, charts, dictating tapes, the notes or shorthand of secretaries or stenographers or assistants, photographs, negatives, prints, tape or disc recordings, photo records, sound recordings, movie films, doctors' reports, descriptions, books, checks, bank account records, memos of telephone conversations, and any substance supporting or using the preparation thereof, as well as any other written material. C. The word identify when used with respect to a person or persons means to state the names, addresses and telephone numbers of such persons or person. D. The word identify when used with respect to a document or documents, means to describe a document or documents by date, the subject matter, name of persons who wrote, signed, initialed, dictated or otherwise participated in the creation of the same, the name of the addressee or addressees, if any, and the name and addresses of the person(s) who have custody of said documents. E. The word identify, when used with respect to an act, means to describe the substance of the event or events constituting such act and to state the date when such act occurred, the identity of each and every person or persons participating in such act; the identity of all other persons, if any, present when such act occurred; whether any minutes, notes or memoranda or other recording of such was made; whether such recording now exists; and the identity of the person or persons presently having custody or control of such recording. F. The date means the exact day, month and year if ascertainable, or if not, the best approximation thereof. DIRECTIONS A. In Answering each Interrogatory: 1. Identify each writing or document relied upon in the preparation of each answer; 2. Which forms all or part of the basis for the answer, or 3. Which corroborates the answer; or 4. The substance of which forms all or part of the answer. 5. If all information furnished in answer to all or any part of an Interrogatory is not within the personal knowledge of the affiant, state the name of each person to whom all or any part of the information furnished is a matter of personal knowledge, and the name of each person who communicated to the affiant any part of the information furnished. 6. If the answer to all or any part of the Interrogatory is not presently known or available, include statement to that effect, furnish the information known as available, and respond to the entire Interrogatory by Supplemental Answer in writing under oath within ten (10) days from the date the entire answer becomes known or available. 7. These Interrogatories are deemed to continue up until the time of trial." Thoughts? :)

Looks like you have really done your homework Kevin H. You are forcing Asset to provide material witnesses with firsthand knowledge of your account and it seems to me as we've discussed, you are likely exploiting many holes in Asset's claim. I hope you got some use out of the 2 sites I referenced the other day. You are now way more educated than I am on Virginia Rules of Civil Procedure regardless. Very professional looking format and answers IMO. Again, best of luck !

IN THE JUSTICE COURT OF Your DISTRICT Your County, STATE OF VIRGINIA ) Case Number: XXXXXXX ) A$$hat) Plaintiff, ) MOTION TO STRIKE AFFIDAVIT IN SUPPORT OF ) PLAINTIFF'S CLAIM vs ) ) Defendant Name ) Defendant, ) ) _______________________________________) Comes now, Defendant DEFENDANT NAME and respectfully states the following: 1. Plaintiff has submitted into evidence an AFFIDAVIT IN SUPPORT OF PLAINTIFF'S CLAIM (hereinafter referred to as "Exhibit (2)"). 2. Plaintiff has no evidence to support that they are the owner of said debt. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant. 3. Said Affidavit pertains to acts and events that allegedly occurred between Defendant and a third party, Original Creditor 3. At no time was the creator of the Affidavit, or any of Plaintiffs employees present to witness any alleged acts or creation of the records of transactions occurring between Defendant and Original Creditor. 4. As such said Affidavit falls under the hearsay rule and is inadmissible as evidence. 5. Defendant further states that the Affidavit is not subject to the Hearsay Business Records Exemption because it was not made at or near the time of the alleged acts or events, and; 6. The information contained in the Affidavit is merely an accumulation of hearsay, and; 7. Upon information and belief, the creator of the document is not currently and has never been employed with Original Creditor and therefore cannot have personal knowledge of how Bank of America records were prepared and maintained, and; 8. Is unqualified to testify as to the truth of the information contained in the Affidavit. WHEREFORE, the Defendant prays this Honorable Court that Plaintiff's Affidavit be stricken from evidence in the above action. I state under penalty of perjury that the foregoing is true and correct. Defendant Name. By: _______________________________ Date:____ Defendant Name, Defendant Address Phone I CERTIFY that I mailed / delivered a copy of this MOTION to: Plaintiff's Attorney Address Plaintiff's attorney at the above address or Defendant's attorney By: _______________________________ Date:____ Defendant Name, Defendant Look okay?

Here is my first Motion To Strike: "IN THE JUSTICE COURT OF (City Name) County Name, STATE OF VIRGINIA ) Case Number: XXXXXXX ) Asset Acceptance LLC. ) Plaintiff, ) MOTION TO STRIKE BILL OF SALE IN SUPPORT OF ) PLAINTIFF'S CLAIM vs ) ) Defendant Name ) Defendant, ) ) _______________________________________) Comes now, Defendant Defendant Name and respectfully states the following: 1. Plaintiff has submitted into evidence a BILL OF SALE IN SUPPORT OF PLAINTIFF'S CLAIM (hereinafter referred to as "EXHIBIT A"). 2. Bill of Sale (Exhibit A) does not reference the Defendant's name. 3. Bill of Sale (Exhibit A) does not reference the Defendant's account number with the Original Creditor. 3. Bill of Sale (Exhibit A) could be referencing anyone's account, and in no way proves that it is referencing the Defendant or his account. 4. Bill of Sale (Exhibit A) does not include the printed name of the party signing on behalf of the Original Creditor. It merely shows an illegible signature which could belong to anyone. 5. Defendant further states that the Bill of Sale (Exhibit A) is vague, and does not prove that the said account was ever assigned from the Original Creditor to the Plaintiff. WHEREFORE, the Defendant prays this Honorable Court that Plaintiff's Exhibit A be stricken from evidence in the above action. I state under penalty of perjury that the foregoing is true and correct. Defendant Name. By: _______________________________ Date:____ Defendant Name, Defendant Address Phone I CERTIFY that I mailed / delivered a copy of this MOTION to: d****eBag Attorney Address Plaintiff's attorney at the above address or Defendant's attorney By: _______________________________ Date:____ Defendant Name, Defendant" Please correct if necessary.

Hey kevin, it appears VSCR 4:1 through 4:15 is applicable but by all means search thoroughly. Looks like a lot of good stuff here for pro se defendants. http://leg1.state.va.us/000/scr/TOC.HTM

In my first of 3 suits, I just included the discovery without using the specified NY State codes and the plaintiff didn't offer any objections. After first time around however, I did include the proper rules of civil procedure forms just to safe.In hindsight, do it properly as correlated to your rules of civil procedure. I lucked out that first time. I found this for you Kevin H and it looks like it costs $15.95 to download online but it appears to be right up your alley. Best of luck and hope you have some good news in the next month Kevin ! There's a toll free customer service # too. http://www.uslegalforms.com/va/VA-021A-D.htm

I think I'm going to file those interrogatories. Can you help me with the formatting? Do I need to use any specific forms? Is there any language that I need to include so that the interrogatories are admissable? I've looked online, and I cannot find anything about VA rules for interrogatories. Everything I find is vague and limited to the fact that it is legal to serve interrogatories. Do I just send a CCRR letter to the Plaintiff Attorney, and to the Clerk of Court, that lists the Interrogatories? I want to do this right. Thanks.

Robert in Buffalo/Irvine/Rochester and Michael Jackson have been mutual fans of caviar. They both "come" on little white crackers.LOL

Robert in Buffalo/Irvine/Rochester and Michael Jackson have been mutual fans of caviar. They both "come" on little white crackers.LOL

Robert in Buffalo/Irvine/Rochester and Michael Jackson have been mutual fans of caviar. They both "come" on little white crackers.LOL

You are a middle aged punk Robert.I'm quite sure you wacked off to punk rocker Wendy O Williams back when chicks in their 20's didnt give you the time of day in the early 80's. I'm pushing middle aged myself but I respect all posters here whether they are 20 or 60. You claim to have "helped consumers" for over 25 years. Based on your "toughguy" posts on this report as an indication, you are just a 50 year old blowhard who shrinks into the fetal position like I made you do on this report you fricking punk ! You claim to have had "lines of credit" since the mid 70's. So what! You have a decade on me. As we stand here in August of 2009, I am calling you out for who you are. A cyberbullying middle aged punk !

Robert in Rochester, this is the second time I've ever seen you post on Ripoff offering site referrals to consumers, etc. The issue I have is the only time I ever saw a "Robert in Rochester" was on a very similar topic months back (I believe it was frederick hanna report) in which I called out Robert in Buffalo/Irvine, CA's insults directed at me with FACTS and that Robert disappeared forever from that report when I backed up my statements much to his disdain. Then I saw a more positive and nonantagonistic Robert in Rochester appear and offer similar advice/references to sites. Personally, I have easy access to the UB Law Library being an alum and I have studied it since getting behind the 8 ball a few years back. Yes, there are many good sites out there for troubled consumers to educate themselves when behind the financial 8 ball on the internet so Kevin H is encouraged to do his homework thoroughly. Whether Robert in Rochester is a duel personality or a seperate person from the blowharded Robert or not, Robert in Rochester is how you should respond to consumers. My problem with Robert in Buffalo/Irvine CA is not his lack of knowledge on various topics concerning debt collection. He does have good knowledge. It's the fact that he antagonizes posters who post in his mind "misinformation' and makes it a personal vendetta. On the contrary, when I see "misinformation", I state my take WITHOUT insulting other posters. As for this report. I gave about as many inside scoops as possible on a civil suit that I successfully won while keeping my anonymity. I again, find it funny that Robert in Buffalo/Irvine isn't classy enough to admit when he wrongfully barked up the wrong tree when I successfully supported my background on this issue. I don't frequent this site too often but I repeatedly see Robert in Buffalo/Irvine belittle other posters instead of stating his takes in a constructive matter without attacking the poster. In my opinion, just a typical cyberbully insulting other posters behind the privacy of a keyboard and then goes into hiding when challenged successfully.

Go to debt-consolidation-credit-repair-service dot com. Go to the Forums section and look for the "Is there a lawyer in the House." This forum is by people who have fought this fight against most of the JDBs, like Assest Acceptance, Collection agencies and bottomfeeder lawyers. The forum has tons of information, ideas and help to be these people. Good luck!!

Go to debt-consolidation-credit-repair-service dot com. Go to the Forums section and look for the "Is there a lawyer in the House." This forum is by people who have fought this fight against most of the JDBs, like Assest Acceptance, Collection agencies and bottomfeeder lawyers. The forum has tons of information, ideas and help to be these people. Good luck!!

Go to debt-consolidation-credit-repair-service dot com. Go to the Forums section and look for the "Is there a lawyer in the House." This forum is by people who have fought this fight against most of the JDBs, like Assest Acceptance, Collection agencies and bottomfeeder lawyers. The forum has tons of information, ideas and help to be these people. Good luck!!

Go to debt-consolidation-credit-repair-service dot com. Go to the Forums section and look for the "Is there a lawyer in the House." This forum is by people who have fought this fight against most of the JDBs, like Assest Acceptance, Collection agencies and bottomfeeder lawyers. The forum has tons of information, ideas and help to be these people. Good luck!!

Hey kevin, I told you how I'd personally respond to the 3 paragraphs in Asset's Bill of Particulars. i would serve discovery on Asset at their physical address and send certified mail return receipt requested. Save the green card as proof. You have until August 27th for your trial date right? Interrogatories for the Plaintiff 1) What is the true and correct name of the Plaintiff? In what state was the Plaintiff organized? When? Provide a certified copy of the Organizational documents as well as certified copies of any amendments thereto. 2) Has the corporate charter lapsed of or been revoked by the Domicile State? Provide a Certificate of Good Standing issued by the appropriate Department of the Domicile state. 3) What is the name of the company that allegedly granted the alleged credit that is the subject of this matter? Provide a copy of the application for credit that the original creditor relied on, a copy of a promissary note or other document indicating the Defendant agreed to be bound by any credit agreement, as well as a complete posting of the account showing all charges, debits, credits, returns, offsets and charge-backs from inception of the account to present date. 4) What is the name of any intermediate owners or assignees of the alleged debt? Provide a complete chain of ownership and assignment from inception to present. 5) Provide the names,residences, business addresses,titles and telephone numbers of all people the plaintiff employed directly or assigned who regularly engaged in collection activities in regards to the alleged account of the defendant. Production of Documents Requests for the Plaintiff 6) Provide all notes, memoranda,emails,computer records in written (nonmagnetic) form and any and all other documents not protected under Attorney-Client privilege regarding the defendant's alleged account, included but not limited to contracts, charge slips and credit memos. 7) Provide any and all documents the Plaintiff intends to or may produce at trial as evidence. 8) Provide the name, address, title and telephone number of all witnesses the plaintiff may or intends to call at Trial, as well as a synopsis of their testimony and their capacity as a custodian of the matters to which they may testify. ________________________________________ I normally serve 15-20 discovery demands the times I have been served. These 8 are always a good way to force the creditor's hand. I can't give all my secrets.LOL. Use at your own peril and best of luck Kevin !

So all I'm doing is denying the points? Won't it still go to court? What do I do when it does?

Sorry to have stirred things up. Not to be selfish, but, after looking at my info.....suggestions?? :)

Hey Ripoff blowhard Robert. When a debt buyer hypothetically sues you on a balance that is higher than it should be, is beyond the states statute of limitations, doesn't have a contract with debtor, etc. EXPLAIN why one is only allowed to use ONE AD. You accuse me of practicing law without a license. You are doing the same thing so you can't use that against me again. If you don't raise ALL your AD's in your answer to a complaint/summons you lose them. NOW genius, tell Kevin H how YOU would handle his predicament as I did.

Hey Ripoff blowhard Robert. When a debt buyer hypothetically sues you on a balance that is higher than it should be, is beyond the states statute of limitations, doesn't have a contract with debtor, etc. EXPLAIN why one is only allowed to use ONE AD. You accuse me of practicing law without a license. You are doing the same thing so you can't use that against me again. If you don't raise ALL your AD's in your answer to a complaint/summons you lose them. NOW genius, tell Kevin H how YOU would handle his predicament as I did.

Hey Ripoff blowhard Robert. When a debt buyer hypothetically sues you on a balance that is higher than it should be, is beyond the states statute of limitations, doesn't have a contract with debtor, etc. EXPLAIN why one is only allowed to use ONE AD. You accuse me of practicing law without a license. You are doing the same thing so you can't use that against me again. If you don't raise ALL your AD's in your answer to a complaint/summons you lose them. NOW genius, tell Kevin H how YOU would handle his predicament as I did.

Hey Ripoff blowhard Robert. When a debt buyer hypothetically sues you on a balance that is higher than it should be, is beyond the states statute of limitations, doesn't have a contract with debtor, etc. EXPLAIN why one is only allowed to use ONE AD. You accuse me of practicing law without a license. You are doing the same thing so you can't use that against me again. If you don't raise ALL your AD's in your answer to a complaint/summons you lose them. NOW genius, tell Kevin H how YOU would handle his predicament as I did.

Good ole' Ripoff Report toughguy Robert comes on here using this post as an excuse to belittle me as opposed to helping Kevin H in this case. Listen you blowhard, I have won out of court settlements time and time again and have never paid an agency a red cent, never paid an attorney to represent me, nada. You expect me to put specific case #'s on my past victories? That kind of breaks my anonymity but I guess you can post Robert from Buffalo and Irvine,CA here ? So don't you dare claim I am being small keeping my anonymity. Comprende' ? You claim to be a business owner in real estate and computer programming. Yet, you are constantly here on collection agency boards trying to belittle others who offer helpful advice to troubled consumers. You sure as heck act like a typical blowharded bill collector regardless of whether you are or aren't. Personally, I don't give two craps. Apparantly you do as far as my personal life goes. If you ever sued me, I'd put you on your longest discovery papertrail yet. Your chance of winning a summary judgment against me would be eliminated on that note as well. Now, I will disclose I forced a Downstate NY Law Firm Cohen and Slamowitz to withdraw a suit against me on behalf of an original creditor (not a debt buyer). My defenses were more limited but they still withdrew. Probably my very lengthy discovery demands which forced them to walk away knowing their legal fees were otherwise going through the roof, plus driving 7 hours to Western NY to actually have to prove their case in court. In my answer, I only admitted my name and county. I denied the amount owed. In other paragraphs I including "Defendant lacks knowledge to admit or deny, therefore demands proof" for the following: 1) Defendant transacted business in the county in which action is brought in....etc. 2) plaintiff is a national bank located in delaware. 3) Defendant used credit card issued by plaintiff and agreed to make payments.....etc My AD's were: 1) Plaintiff failed to state a claim upon which relief can be granted....etc 2) Defendant alleges granting plaintiff's demand would result in unjust enrichment.......etc. 3) defendant claims failure of consideration......etc 4) defendant reserves the right to amend and/or add....etc I also included a laundry list of interrogatories, production of documents requests and requests for admissions. (My pretrial discovery) NOW: for Kevin H 1. '', is the assignee of a certain account from CREDIT CARD COMPANY NAME, in the name of DEFENDANT NAME, Account Number xxxxxxxxxxxxxx, as evidenced by the Bill of Sale, attached hereto as Plaintiff's Exhibit '1'. Defendant lacks knowledge to admit or deny, therefore demands proof. 2. The Defendant, DEFENDANT NAME, is indebted to '', in the principal balance of $xxxx.xx at an interest rate of x% from date of judgment, for the use and retention of a CREDIT CARD COMPANY NAME account. An affadavit of the Plaintiff, along with an up-to-date statement of accounts, charge statements, and terms of and conditions are attahced hereto as Plaintiff's Exhibits (2), (3), (4), and (5) respectively, for more specific reference. Defendant denies 3. Demand for payment has been made, but payment has not been forthcoming. WHEREFORE, the Plaintiff, '', respectfully prays for judgment against the Defendant, DEFENDANT NAME, in the total amount of $xxxx.xx interest at x% per annum from date of judgment. Plaintiff's costs of court and such other and further relief as this Court may deem fit. Defendant denies

First off before i get to Kevin. Good ole' Robert coming out of the woodwork. Instead of focusing on kevin H's situation, he uses this board as an opportunity to slam me. Know this blowhard, i have never paid any agency or lawfirm one red cent and have never paid an attorney to represent me the times I have been sued. Belittle me for taking out of court settlement checks all you want. I do it on my own, without help from any legal representation and have more money to my name each time I've won. I've educated myself in recent years because like many americans, I never had credit issues for a long time prior to recently.Credit score was above 700 for over 15 years prior to 2006. It's called work and dilligence to educate yourself when behind the 8 ball. What do you expect you arrogant blowhard? Consumers to bend over and take default judgments? You just don't like the fact that you are a business owner who deals with people like myself, albeit business debts as opposed to personal debts I assume. People like me make your life difficult and I'm sure you get many debtors to submit. Believe me, if you ever sued me Robert, I'd put you on a real long discovery papertrail to support your case from inception of alleged debt to present. As for giving specific court case #'s, that kind of breaks my anonymity here doesn't it? You claim to be from Buffalo and Irvine, CA so don't you dare tell me I'm being small for protecting my anonymity here. Comprende' ? I will however show how i forced NY Atty's Cohen and Slamowitz to withdraw their claim against me. I only admitted to my name and county. I denied the amount owed. The paragraph concerning creditor located in State of Delaware i stated. "defendant lacks knowledge to admit or deny, therefore demands proof." The paragraph concerning transacted business in the county I resided in. "defendant lacks knowledge to admit or deny, therefore demands proof." The paragraph concerning used credit card by plaintiff and agreed to terms. "defendant lacks knowledge to admit or deny, therefore demands proof." Now, my Affirmative defenses. because the law firm was representing the original credit card company and not a debt buyer, my defenses were more limited. However, the creditor still withdrew after my mile long discovery demands. My AD's were; 1) Plaintiff failed to state a claim upon which relief can be granted.............etc 2) The amount of the creditor's claim would result in unjust enrichment...........etc 3) Defendant claims a failure of consideration as there has never been any exchange of money or item of value.............etc 4) Defendant reserves the right to amend and/or add additional answers, ............etc I included a long discovery demand of interrogatories, production of documents and request for admissions as well. Honestly, I think because the attorneys were down near NYC and saw my answers, they decided I was too much trouble to drive 7 hours to sue me and answer and prove their claim. All affirmative defenses must be raised with the answer once again. What do you think Robert? A junk debt buyer only has one thing wrong with their claim? You exercise all defenses to put burden of proof on the plaintiff at every level that is wrong. Balance higher than it should, Debt Buyer doesn't have a contract with plaintiff, statute of limitations, etc. My success as a pro se is something I am proud of and proud to pass onto others who can't afford to pay $200/$300 for legal defense. Now...onto Kevin. Robert, by all means help this gentleman as well

but was for fdcpaviolationswinner. He claims to know so much, but in fact he has demonstrated (in his earlier posts) a lack of fundamental understanding of the FDCPA. I had to correct him on several issues in the past. Even though he's a resides in NY state, he was INCORRECTLY stating the SOL for civil suits in NY State until I corrected him. What he has done is managed to get a few collectors to back off and claims to have talked them into checks for $500. OK fine. I personally wouldn't settle for a paltry $500. Judge Acara and Judge Elvin have been known to readily grant awards of $1500 to the plaintiffs and $3000 for legal fees. The debt collectors around here KNOW THIS, so $500 is too cheap a settlement in my opinion. I have TESTIFIED as a witness for consumers in court; twice in District Court and numerous times in other courts. In all the cases where I testified, the creditor/debt collector LOST. I have been voluntarily helping folks with credit issues for over 25 years. FYI, "his" multi-layer defense is word for word available on the internet at a certain lawyer's website (not in NY State.) In the courts here in WNY, if someone were to make such a multi-layer defense the judge would state "pick one." If you were to access some of the district court cases in the WNY District, you will see that NO ATTORNEY has used this multi-layer defense when representing a consumer.

The case is in General District Court - Civil Division. The amount they are suing for is a little over $2000, but they are also "reserving the right" to tack on interest and court costs. Sadly, there are no filed responses for you or anyone to check. When they first sent their initial complaint, I was in the ark on what I was allowed to, or supposed to do. Because of my ignorance, I did not file an answer. I did, however, show up to the pre-trial hearing in June, which was merely a hearing to decide if I was/wasn't disputing the claims, and when the actual hearing would be. It was at that point that I tried to get the case dismissed citing SOL and failure to prove a claim. At that hearing, the judge ordered for the plaintiff to have their Bill of Particulars sent to me and the Court by July 27th, and for me to have my Grounds of Defense sent to the Plaintiff and the Court by August 27th. I received the Bill of Particulars, which looks like this: "COMES NOW, the Plaintiff, "", by counsel and for its Bill of Particulars against the named Defendant, "", states the following: 1. "", is the assignee of a certain account from CREDIT CARD COMPANY NAME, in the name of DEFENDANT NAME, Account Number xxxxxxxxxxxxxx, as evidenced by the Bill of Sale, attached hereto as Plaintiff's Exhibit "1". 2. The Defendant, DEFENDANT NAME, is indebted to "", in the principal balance of $xxxx.xx at an interest rate of x% from date of judgment, for the use and retention of a CREDIT CARD COMPANY NAME account. An affadavit of the Plaintiff, along with an up-to-date statement of accounts, charge statements, and terms of and conditions are attahced hereto as Plaintiff's Exhibits (2), (3), (4), and (5) respectively, for more specific reference. 3. Demand for payment has been made, but payment has not been forthcoming. WHEREFORE, the Plaintiff, "", respectfully prays for judgment against the Defendant, DEFENDANT NAME, in the total amount of $xxxx.xx interest at x% per annum from date of judgment. Plaintiff's costs of court and such other and further relief as this Court may deem fit. Plaintiff hereby reserves the right to add to. amend and/or alter its Bill or Particulars, up to and during the trial, which is presently set for Day, Month, YEAR at Time. Respectfully submitted, "" Signed by LAWYER NAME." The next page is "Exhibit A. It is the Bill of Sale from the Credit Card company to Asset in 2008. It is supposedly signed by an Operations Manager from the CC company, but you cannot read the signature and there is no printed name. It is also signed by someone from Asset. It is, of course, a photocopy. The next page is a photocopy of an "Affidavit of Account". It's very vague. It just says that Asset owns the account to the best of this person's knowledge. It is signed by Doreen Baum (an Asset rep maybe?) and notarized. The next page is a photocopy of a Bill from the Credit Card company. It includes the following info: -The OC name - The account number - The current balance - The next payment due date (1/5/07) - The Past Due Amount - The min payment amount - My name and address Under "Transactions", it lists a LATE FEE and an OVERLIMIT FEE. It does not have a billing history. It does not show date of last payment. I believe they may be trying to use these FEES as date of last activity. That won't work, will it? The Rest of the BOP's is just pages and pages of the TERMS of Agreement from the original creditor. It does not name me or my account anywhere in the terms. It does not have anything signed by me anywhere." Now you have all the info (or at least more than you had). Any abridged advice? :)

""Are you in small claims court or is this a state or federal civil case? I've personally been sued at the state level 3 times, never small claims."" Please post the actual case/docket numbers of these lawsuits and the complete name of the court onwhich they were filed. I'd like to review YOUR filed responses to the suits.

Are you in small claims court or is this a state or federal civil case? I've personally been sued at the state level 3 times, never small claims. I believe the max for small claims cases is $5000 in most jurisdictions and the amounts I was sued for were all over $5000. My understanding is small claims doesn't allow pretrial discovery which you should always do at the state and federal court level to drive the creditors legal fees through the roof and stall them to the point that they either withdraw or settle for a small fraction of what you owe. If this is a timebarred debt like you are saying and they can't prove it's within the State of VA 3 year statute of limitations, you will win. You can also countersue them for knowingly suing you on a timebarred debt. that 6th AD I posted gives you the opportunity to countersue. The other AD's I suggested place even more burden and paperwork for Asset in which it sounds as if they don't have their ducks in a row with proper paperwork. I'm a little confused, you had a court appearance (pre trial hearing) in June and they gave you until August 7th to file your affirmative defenses? Affirmative defenses are always filed immediately following your answers to the complaint on the same form. I know atleast at the NY State level of civil court, you need to file your answer and AD's within 30 days from the day you receive a summons. I assume you were served sometime in May? Did you already file your answers to their complaint? If not, admit your name and county only. For all other paragraphs, you either Deny or type "Defendant lacks knowledge to admit or deny, therefore demands proof." If you haven't filed your answer, you can by all means type the numbered paragraphs here and I will tell you how I'd answer them personally. Again, this isn't legal advice as I am not an attorney.

Thanks for the info fdcpaviolationswinner. It was potentially really helpful. I'd really like to know more about your past victories/experiences. If you don't mind, email me at (((ROR REDACTED))). Thanks so much. CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

I'm not an attorney but I have forced 3 creditors to withdraw lawsuits against me as a Pro Se so I'd like to believe I know what I am talking about. Use at your own peril and best of luck! As you acknowledged, the Plaintiff is Asset (junk debt buyer) , not Chase, so you do not have a contract with them. Let us know how it works out ! ____________________________________ As for a First defense Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. As for a Second Defense Plaintiff's Complaint is time-barred by the applicable Statute of Limitations on credit card debt in the State of Virginia. As for a third Defense Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements that are required to be in writing. The purported contract alleged in the Complaint was not in writing and not signed by Defendant or by some another person authorized by Defendant and who was to answer to the alleged debt, default, or miscarriage of the other person. As for a Fourth Defense Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff. As For a Fifth Defense Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the Plaintiff and the Defendant. As For a Sixth Defense Defendant reserves the right to amend and/or add additional Answers, Defenses and/or counterclaims at a later date. WHEREFORE, the Defendant asks the Court for Judgment. a) Dismissing the Complaint herein with Prejudice.