Complaint Review: Unifund CCR Partners - Cincinnati Ohio

Don't try to fight this by yourself, and don't take any advice from budhibbs.com. You NEED a lawyer, either to fight this claim (if you have a valid defense), or to file bankruptcy. You state that you can't afford a lawyer, but ask yourself this: can you afford a $16,000 judgment? Without an attorney, I can all but guarantee you that you will end up with a judgment against you. I spent roughly 300 hours of class and study time learning civil procedure, and even that amount of time just gave me the basics. I certainly didn't walk away from that class knowing how to file an unobjectionable discovery request, or even how to file a lawsuit for that matter. So rather than waste time trying to fight this by yourself, start figuring out how you can get a lawyer that you can afford. Best regards!

752. Six years All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided. Has it been six years for this debt. this may be your defense. this site is your state statutes. the address is http://janus.state.me.us/legis/statutes/ You also need to prove that you sent docs to the plaintiff. this means signing an affidavit. Check your local court rules on this. Don't take the docs I provided as being applicable to your state. They are a guide You must do research remember, the court action will not go away. You must face it and demand they provide the proof that the account is yours. this means the signed credit application and etc and transaction receipts good luck PLEASE NOTE: The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney. The updated Maine Revised Statutes through the 1st Session of the 123rd Legislature are temporarily unavailable as corrections are being made to the site. You may find changes to the 2006 version of the statutes available here by going to the session laws for 2007 and looking for changes by either title and section or by subject area. Please pardon the inconvenience. List of Titles, Maine Revised Statutes TITLE 1: GENERAL PROVISIONS TITLE 2: EXECUTIVE TITLE 3: LEGISLATURE TITLE 4: JUDICIARY TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES TITLE 6: AERONAUTICS TITLE 7: AGRICULTURE AND ANIMALS TITLE 8: AMUSEMENTS AND SPORTS TITLE 9: BANKS AND FINANCIAL INSTITUTIONS TITLE 9-A: MAINE CONSUMER CREDIT CODE TITLE 9-B: FINANCIAL INSTITUTIONS TITLE 10: COMMERCE AND TRADE TITLE 11: UNIFORM COMMERCIAL CODE TITLE 12: CONSERVATION TITLE 13: CORPORATIONS TITLE 13-A: MAINE BUSINESS CORPORATION ACT TITLE 13-B: MAINE NONPROFIT CORPORATION ACT TITLE 13-C: MAINE BUSINESS CORPORATION ACT TITLE 14: COURT PROCEDURE -- CIVIL TITLE 15: COURT PROCEDURE -- CRIMINAL TITLE 16: COURT PROCEDURE -- EVIDENCE TITLE 17: CRIMES TITLE 17-A: MAINE CRIMINAL CODE TITLE 18: DECEDENTS' ESTATES AND FIDUCIARY RELATIONS TITLE 18-A: PROBATE CODE TITLE 18-B: TRUSTS TITLE 19: DOMESTIC RELATIONS (HEADING: REPEALED 10/1/97 BY PL 1995, c. 694, Pt. B, @1 (rp); Pt. E, @2 (aff)) TITLE 19-A: DOMESTIC RELATIONS (HEADING: PL 1995, c. 694, Pt. B, @2 (new); Pt. E, @2 (aff)) TITLE 20: EDUCATION TITLE 20-A: EDUCATION TITLE 21: ELECTIONS TITLE 21-A: ELECTIONS TITLE 22: HEALTH AND WELFARE TITLE 22-A: HEALTH AND HUMAN SERVICES TITLE 23: HIGHWAYS TITLE 24: INSURANCE TITLE 24-A: MAINE INSURANCE CODE TITLE 25: INTERNAL SECURITY AND PUBLIC SAFETY TITLE 26: LABOR AND INDUSTRY TITLE 27: LIBRARIES, HISTORY, CULTURE AND ART TITLE 28: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @3 (rp)) TITLE 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new)) TITLE 29: MOTOR VEHICLES (HEADING: PL 1993, c. 683, @1 (rp); Pt. B, @5 (aff)) TITLE 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff)) TITLE 30: MUNICIPALITIES AND COUNTIES TITLE 30-A: MUNICIPALITIES AND COUNTIES (HEADING: PL 1987, c. 737, Pt. A, @2 (new)) TITLE 31: PARTNERSHIPS AND ASSOCIATIONS TITLE 32: PROFESSIONS AND OCCUPATIONS TITLE 33: PROPERTY TITLE 34: PUBLIC INSTITUTIONS AND CORRECTIONS TITLE 34-A: CORRECTIONS TITLE 34-B: MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES (HEADING: PL 1995, c. 560, Pt. K, @7 (rpr)) TITLE 35: PUBLIC UTILITIES AND CARRIERS (Repealed by PL 1987, c. 141, Pt. A, @5) TITLE 35-A: PUBLIC UTILITIES (HEADING: PL 1987, c. 141, Pt. A, @6 (new)) TITLE 36: TAXATION TITLE 37: VETERANS' SERVICES TITLE 37-A: DEPARTMENT OF DEFENSE AND VETERANS SERVICES TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr)) TITLE 38: WATERS AND NAVIGATION TITLE 39: WORKERS' COMPENSATION (Repealed by PL 1991, c. 885, Pt. A, @7) TITLE 39-A: WORKERS' COMPENSATION (Enacted by PL 1991, c. 885, Pt. A, @8)

I am not an attorney. You need to attend your court date. Forget the cease and desist. You are past that stage. If you don't go to court the court will award them a judgment. I suggest that you demand discovery from the plaintiff. see below. _________________ STATE OF CIRCUIT COURT COUNTY Plaintiff, mobster Crooks 123 dirtbag st jerkwater, Ca 34534 v. . ANSWER TO COMPLAINT The plaintiff, complaining of the defendant, alleges and says as follows: 1. The plaintiff is a limited Liability Corporation, with principal office and place of business in . Defendant has no knowledge of the factual basis of this allegation, and therefore denies same and demands strict proof thereof. 2. The Defendant is resident of . Admitted. 3. The defendant allegedly entered into a promissory note or other written credit agreement in favor of xxxxxxxxxxxxxxxx, pursuant to which xxxxxx allegedly extended credit to the defendant. (Attached hereto is a true and accurate copy of that credit agreement). Denied. 4. Thereafter, this account was sold to and acquired by Mobster name, the plaintiff herein, and the plaintiff is now the holder in due course of the account. Defendant has no knowledge of the factual basis of this allegation, and therefore denies same and demands strict proof thereof. 5. The defendant is in default under the terms of that note or credit agreement, in that said defendant has failed to make payments due thereunder. Denied 6. Pursuant to the terms and provisions of the note or credit agreement, the defendant is lawfully indebted to the plaintiff in the principal sum of $ ____________ together with interest thereon at the contract rate of 23.99% per annum. Said sum has been outstanding since May 1, 2006. Denied 7. The written credit agreement between the parties contains provisions for the payment of attorneys fees in the event of default. The balance outstanding is currently $___________, comprised of the principal, together with the interest to date of $___.__.. Pursuant to the provisions of your state Statute ____.__, the plaintiff hereby gives notice to the defendant that it intends to enforce those provisions of the credit agreement calling for the payment of attorneys fees. The plaintiff hereby further notifies the defendant that said defendant may avoid the imposition of attorneys fees by paying the current outstanding balance of $4,000.00 to the undersigned at the address shown below within five (5) days after the defendant has been served with a copy of this complaint and summons. If the defendant pays said sum to the undersigned within five (5) days after service, the plaintiff will neither seek to enforce those provisions, nor pursue further legal remedies against said defendant. Denied WHEREFORE, the plaintiff prays the Court as follows: 1. That plaintiff have and recover from the defendant the principal sum of $__________. 2. That plaintiff further have and recover from said defendant interest on said sum at the contract rate of _______% per annum from MM-DD-YY to the date of judgment, and at the rate of ____% per annum thereafter until paid. 3. That the plaintiff further have and recover from said defendant its reasonable attorneys fees in the sum of $________ which sum is fifteen (15%) percent of $__________.00, the current balance outstanding, pursuant to your state ___.___ . 4. That the plaintiff further recover from said defendant all costs of this action. 5. For such other and further relief as the Court may deem just and proper. bassically items 1 thru 4 you state what they said and admit or deny them see above. now for discovery __________________________ STATE OF XXXXXX CIRCUIT COURT XXXXXX COUNTY DEFENDANT'S FIRST SET OF REQUEST FOR INTERROGATORIES ADMISSIONS, AND REQUEST ' FOR PRODUCTION OF DOCUMENTS TO: Plaintiff, Brain dead mobsters L.L.C.:: : : Case No. Case Classification Code v. Defendant, Consumer The Defendant requests that the Plaintiff answer under oath, in accordance with Rule 33 of the Federal Rules of Civil Procedure, the following interrogatories. admissions and production of documents. INSTRUCTIONS AND DEFINITIONS A. Answers to the Interrogatories must be furnished within forty-five (45) days of the service of the Summons and Complaint or within thirty (30) days of the service of these Interrogatories, whichever is later. B. Each Interrogatory should be answered upon your entire knowledge from all sources and all information in your possession or otherwise available to you, including information from your officers, employees, agents, representatives or consultants and information which is known by each of them. An incomplete or evasive answer is a failure to answer. C. If any answer is qualified, state specifically the terms of each qualification and the reasons for it. If an Interrogatory cannot be answered in full, state the part which can be answered and answer the same in full to the extent possible; state further and specifically the reason(s) why the remainder cannot be answered. D. Unless otherwise specified in a particular paragraph, provide the information and documents requested for the period of one year prior to the date of filing the complaint to the present. Exhibits A and B refer to Exhibits A and B attached to the Complaint. Each Interrogatory is considered continuing, and if Defendant obtains information which renders its answers or one of them, incomplete or inaccurate, Plaintiff is obligated to serve amended answers on the undersigned. E. The terms document'' or documents'' in these Interrogatories shall refer to all writings and recorded materials, of any kind, that are or have been in the possession, control or custody of Plaintiff of which Plaintiff has knowledge, whether originals or copies. Such writings or recordings include, but are not limited to, contracts, documents, notes, 1. What is the name of the company that allegedly granted the alleged credit that is the subject of this matter? 2.Provide a copy of the application for credit (with the alleged defendant's signature) that the Original creditor relied on, a copy of the promissory note or other document indicating Defendant allegedly agreed to be bound by any credit agreement, and any amendments thereto, as well as a complete posting history of the account, showing all charges, debits, credits, returns, offsets and charge-backs from inception of the account to present date. 3. What is the name of the company that Plaintiff purchased the alleged obligation of the Defendant from, and when was it purchased? Provide a copy of the bill of sale, Bulk Transfer 4. What is the name of any intermediary owner or owners of the alleged debt? Provide a complete chain of ownership of the debt, as well as copies of the Bulk sale Affidavits pertaining to each transfer of the alleged debt. Demand for Production of Documents and Records 5. Provide all notes, memoranda, e-mails, computer records in written (non-magnetic) form and any and all other documents not protected by Attorney-Client privilege regarding the Defendant's alleged account, including but not limited to contracts, charge slips and credit memos. 11. Provide any and all documents that Plaintiff intends to or may produce at trial as evidence. 12. Provide the name, address, title and telephone number of all witnesses Plaintiff may or intends to call at Trial, as well as a synopsis of their testimony and their capacity as custodian of the matters to which they may testify. ADMISSIONS: 13. Admit that Plaintiff does not have custody or legible copies of any original documents with Defendant's alleged signature on it. 14. Prove you have the privilege of coming into my State and using its courts to collect. 15. Prove that the alleged debt is from ORIGINAL records - not hearsay statements like "we were given a computer print out...." 16. Prove the amount of the alleged debt and that all charges are allowed by law or contract. 17. Show that any person who will testify has actual first-hand knowledge of what they will testify about. 18. Provide a copy of any and all documents you may admit into evidence. 19. Provide the name and address of any person who was the custodian of those documents from the time they originated to now in order to establish their authenticity and chain of custody 20. Prove that the signature on all the charge slips of the alleged original balance is a signature made by the defendant. 21. Prove that you come into Court with "Clean Hands" you need to research by getting the following court civil procedure. try your local court system web site. Download your state codes for your state for civil procedure. go to the court house with case number gotten off the internet and research cases that the case was dismissed. You should be able to see the files and copy the documents for discovery etc. Then use them as templete. the above discovery doc refers to federal court. You must find out what your state laws are on discovery. Put that in the doc above. Do not cite fed jibberish it does not apply. Most importantly is to deny the debt. ask for time to answer the complaint or retain an attorney. Go to debtorboards.com and look around Keep in mind I can only tell you what I know and what I read. I am not an attorney Try Naca.net and get a referral for an attorney. Try budhibb.com he has info. You must research and study what happens in court. go down and sit in on a court case. do this on numerous cases. sit it on unifunds cases. watch the cases where the defendant has an attorney. Research.........Research .........Research You can beat this thing if you think and act rationally. that is the key. Positive mental attitude. Don't let these mobsters win. You will regret not fighting them for a long time. a judgment is a nightmare which never goes away. good luck

After I first wrote to you, you informed me to write a cease and desist letter, I did, I sent one to the clerk of courts, one to the lawyer for unifund, and one to unifund. then I received another letter from the courts which is jibberish to me, and I think I need a lawyer which I cannot afford. What do I do now? I need help.

Federal Law sets the max "post charge off" interest rate. I just forget what the exact number is, as it has changed recently.

www.budhibbs.com

The previous suggestion stated that it was only legal for a debt collector to charge 6 to 8% for a charged off debt. Where can I research this? I am preparing my dispute for the credit reporting agencies and I want to know where this information is found so I can use it as part of my dispute. Thanks,

Judy, You can stop the calls with a CEASE COMMUNICATIONS request as per your rights under the FDCPA. I have outlined how to do this in other collections threads. Now, you say you have been served . Did you actually get a summons FROM the court, or just some jibberish from a collector? You need to know the difference. Also, after charge off, they can only charge interest as regulated by law. It is like 6-8% post charge off. They can only sue for the default amount as per your contract with the original creditor. They CANNOT add collection fees or inflate the amount. This is illegal.