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    DisabledinMD's Avatar
    DisabledinMD Posts: 68, Reputation: 0
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    #1

    Sep 30, 2009, 10:14 PM
    MD Specific Case: (Mr yet available?)
    Mr yet, can you help, please? Stupid software wouldn't let me ask in title, so I changed wording. :( I get that people needlessly overuse certain terms, but I don't want to come across as lacking in manners.



    Well, in MD, you can initiate Discovery, but you have no right. The Plainfiff filing gives up that right if they file in the District Court division involving claims under $5000. MD doesn't have a specfic "small claims" court, but if the suit involves less than $5000, and the Plaintiff so chooses to meet 3 specific criteria (one being they cannot use Discovery), they can file in the less relaxed division involving smaller claims. The court is still formal, and most of the other Civil Court procedures apply. The Defendant can send Discovery, but Plaintiff can refuse, as there is no right to Discovery.


    So, attorney's office sent letter stating receipt of my paperwork, and invoked their right to refuse to answer Discovery, citing the law that since the claim is under $5000, and filed in the court for handling such claims, they are not obligated to respond. Okay, fine and good. [B]But[B]... under the FDCPA, they are required to validate the debt, by providing verification. So, I guess my next move, is to send a letter requesting that they provide the verification (which was one of the things requested in the Discovery documents). I have a very strong suspicion they do not have it, as a search of their previous court cases yielded a number of them disnmissed by the judge because the Plaintiff failed to show assignment of the debt, and a copy of the written signed contact between Defendant and original creditor. Many of these involved a creditor called "Household Renaissance" that they purchased debts from, one I found involved Chase. These are cases where the Defendant chose to defend as Pro Se Litigant, or use a lawyer.


    The real reason I think they don't have it, is because they claim in the letter to "talk to their client" (Cornerstone), and that they would accept a 50% payment. Hmmmmm... In the original court document, they sent papers to pay the amount in full, no mention of counteroffers, and settle before trial. Now, they will take half????? Not that it does any good, I don't have the money, and they know it, and noted they were offering this because client "Understands your disabilities". I plan on replying that I cannot accept their offer, though it was nice of them to reduce it in half out of concern for my disabilities; because I have no proof that they were legally assigned the debt, unless they supply that wet-ink signed contact between me and Chase. I am going to include a copy of the letter I linked to in another thread, so they understand what it is they must provide, and that I know my rights; and say I will consider their offer if they can produce said validation. We shall see...


    Also received letter from Court, trial date now scheduled for 11/30 at 1:00 pm. I am the lone defendant, and they the lone Plaintiff, at this new time and day. I was originally lumped in with 6 other people. I hope they enjoy the 90+ miniutes each way drive for a trial with no hope of them getting so much as a dime, even if they should win.
    :confused:

    I have a debt validation template in the kit I have, but I am going to search the forums for different wording, I recall mr yet posting something. Until/unless the validate, I'm not even going to consider settlement. Hope I am going about this right. Got two months to go back-and-forth with them.


    Comments? Suggestions?
    DisabledinMD's Avatar
    DisabledinMD Posts: 68, Reputation: 0
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    #2

    Oct 1, 2009, 06:21 AM

    More info that is relevant to my case.

    One: The trial name has been changed from civil hearing to "merit trial"

    Two: According the MD SDAT website, while Cornerstone has an active status (This unincorporated entity is legally active and present in Maryland.), They do not have a certificate of good standing!

    "Good Standing
    An entity is deemed to be in good standing if all reports, filings and penalties due THIS DEPARTMENT are up to date and paid and the entity has a valid, active resident agent."

    And further... Office of the Commissioner of Financial Regulation


    Collection Agencies License Requirements

    Partnership, Limited Liability Partnership, or Unincorporated Association

    Certificate of Good Standing - A current (within 12 months) Certificate of Good Standing from the state where chartered. For Maryland-chartered entities, this can be obtained from Maryland Department of Assessment and Taxation ( 410- 767-1340).


    What is a Certificate of Status?
    A Certificate of Status, sometimes referred to as a "good standing certificate" is an official document from the State Department of Assessments and Taxation that indicates the status of the entity as of the date on the certificate. If an entity is in good standing, it means the entity is properly registered with the Department, all documents and fees required to be submitted to the Department have been received, and that no other State agency has notified the Department the entity is delinquent in tax payments.

    PURPOSE:
    When one is obtaining a license, a license renewal or a loan settlement, the person is often required to obtain a “Certificate of Status” (generally called a “good standing” certificate) from the Maryland Department of Assessments and Taxation. On the specific date and time the Department issues a certificate verifying that a business entity is in “good standing,” it means that all documents and fees required by law to be submitted to the Department have been received, and that no other government agency has notified the Department that the entity is delinquent in tax payments.

    If I understand this correctly, they do not have a valid license to operate, and therefore cannot collect on this debt. Correct?

    Could I file a "Motion to Dismiss" on this fact alone??
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #3

    Oct 1, 2009, 04:05 PM
    Md. Rules are quite specific, Claim under $5000 are handled in MD District Courts, and per the MD court Rules Chapter 400 Rule 3-421 there is nothing limiting you request for Discovery. And I quote;


    Rule 3-421. Interrogatories to parties.








    (a) Scope.- Unless otherwise limited by order of the court in accordance with this Rule, the scope of discovery by interrogatories is as follows:





    (1) Generally.- A party may obtain discovery regarding any matter, not privileged, including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter, if the matter sought is relevant to the subject matter involved in the action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party. It is not ground for objection that the information sought is already known to or otherwise obtainable by the party seeking discovery or that the information will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. An interrogatory otherwise proper is not objectionable merely because the response involves an opinion or contention that relates to fact or the application of law to fact.





    (2) Insurance agreements.- A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business might be liable to satisfy part or all of a judgment that might be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this subsection, an application for insurance shall not be treated as part of an insurance agreement.





    (3) Request for documents by interrogatory.- A party by interrogatory may request the party upon whom the interrogatory is served to attach to the response or submit for inspection the original or an exact copy of the following:





    (A) any written instrument upon which a claim or defense is founded;





    (B) a statement concerning the action or its subject matter previously made by the party seeking discovery, whether a written statement signed or otherwise adopted or approved by that party, or a stenographic, mechanical, electrical, or other recording, or a transcription thereof, that is a substantially verbatim recital of an oral statement made by that party and contemporaneously recorded; and





    (C) any written report, whether acquired or developed in anticipation of litigation or for trial, made by an expert whom the responding party expects to call as an expert witness at trial. If the responding party fails to furnish a written report requested pursuant to this subsection, the court, upon motion of the discovering party, may enter any order that justice requires, including an order refusing to admit the testimony of the expert.





    (b) Availability; number; time for filing.- Any party may serve written interrogatories directed to any other party. Unless the court orders otherwise, a party may serve only one set of not more than 15 interrogatories to be answered by the same party. Interrogatories, however grouped, combined or arranged and even though subsidiary or incidental to or dependent upon other interrogatories, shall be counted separately. Each form interrogatory contained in the Appendix to these Rules shall count as a single interrogatory. The plaintiff may serve interrogatories no later than ten days after the date on which the clerk mails the notice required by Rule 3-307 (d). The defendant may serve interrogatories no later than ten days after the time for filing a notice of intention to defend.





    (c) Protective order.- On motion of a party filed within five days after service of interrogatories upon that party, and for good cause shown, the court may enter any order that justice requires to protect the party from annoyance, embarrassment, oppression, or undue burden or expense.





    (d) Response.- The party to whom the interrogatories are directed shall serve a response within 15 days after service of the interrogatories or within five days after the date on which that party's notice of intention to defend is required, whichever is later. The response shall answer each interrogatory separately and fully in writing under oath, or shall state fully the grounds for refusal to answer any interrogatory. The response shall set forth each interrogatory followed by its answer. An answer shall include all information available to the party directly or through agents, representatives, or attorneys. The response shall be signed by the party making it.





    (e) Option to produce business records.- When (1) the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of those business records or a compilation, abstract, or summary of them, and (2) the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, and (3) the party upon whom the interrogatory has been served has not already derived or ascertained the information requested, it is a sufficient answer to the interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.





    (f) Supplementation of response.- A party who has responded to interrogatories and who obtains further material information before trial shall supplement the response promptly.





    (g) Motion for order compelling discovery.- Within five days after service of the response, the discovering party may file a motion for an order compelling discovery. The motion shall set forth the interrogatory, any answer or objection, and the reasons discovery should be compelled. Promptly after the time for a response has expired, the court shall decide the motion.





    (h) Sanctions for failure to respond.- When a party to whom interrogatories are directed fails to serve a response after proper service of the interrogatories, the discovering party, upon reasonable notice to other parties, may move for sanctions. The court, if it finds a failure of discovery, may enter such orders in regard to the failure as are just, including an order refusing to allow the failing party to support or oppose designated claims or defenses or prohibiting that party from introducing designated matters in evidence, or an order striking out pleadings or parts thereof, staying further proceedings until the discovery is provided, dismissing the action or any part thereof, or entering a judgment by default against the failing party if the court is satisfied that it has personal jurisdiction over that party.






    Cross References.

    Rule 1-341.





    (I) Use of answers.- Answers served by a party to interrogatories may be used by any other party at the trial or a hearing to the extent permitted by the rules of evidence. If only part of an answer is offered in evidence by a party, an adverse party may require the offering party to introduce at that time any other part that in fairness ought to be considered with the part offered.








    [Amended Apr. 7, 1986, effective July 1, 1986; Mar. 22, 1991, effective July 1, 1991; Oct. 31, 2002, effective Jan. 1, 2003.]
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #4

    Oct 1, 2009, 04:08 PM
    I always use this one.

    QUESTIONS TO ASK DEBT COLLECTOR WITH YOU DISPUTE THEIR CLAIM.

    Debt collector name
    Address
    state

    RE; Account




    DEBT COLLECTOR DISCLOSURE STATEMENT
    This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction.
    Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e. “Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition” (Black's Law Dictionary, Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Fair Debt Collection Practices Act, 15 USC §1692g, applicable portions of Truth in Lending (Regulation Z), 12 CFR 226, and demands as cited above Disputed Debt. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following:
    1.Name of Debt Collector: ……………………………………………………………….……………………………………………...
    2.Address of Debt Collector: ……………………………………………….…………………………….. …………………………….
    3.Name of alleged Debtor: ………………………………………………………….. ………………………………………………….
    4. Address of alleged Debtor: ……………….……………………………………... …………………………………………………...
    5. Alleged Account Number: ……….. …………... ……………………………………………………………………………………...
    6.Alleged debt owed: $………………………………….…………………………………………………….. ………………………...
    7.Date alleged debt became payable: ……... …………………………….……….. …………….. ….. ……………………………….
    8.Re this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector?
    …………………………………………………………………………………………………………………………………… ………
    9. Re this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor?
    YES NO
    10. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable)
    11. If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount:
    Date: …………………………………………………… Amount: $…………………………………………….. ……………………
    12.Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A
    13. If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount:
    Date: …………………………………………………… Amount: $…………………………………………….. ……………………
    14. Regarding this alleged account, Debt Collector is currently the:
    Owner; (b) Assignee; (c) Other – explain: …………………………………………………….… .
    …………………………………………………………………………………………………………………………………… ………
    15.What are the terms of the transfer of rights re this alleged account? ……….………….……….……………………………….

    16. If applicable, transfer of rights re this alleged account was executed by the following method:
    (a) Assignment; (b) Negotiation; (c) Novation; (d) Other – explain:…………………….…………………... ……………
    ... ………………………………………………………………………………………... ………………………………………
    17. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A
    18. What is the nature and cause of the consideration cited in # 17 above? ………………………….……….……….. …………
    ………………………………………………………………………………………... …………………………………………………………………………………………………………………………………… ……... …………………………………………………
    19. If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value?
    YES NO N/A
    20.What is the nature and cause of any value cited in #19 above? ……………………….………………………………………...
    …………………………………………………………………………………………………………………………………… ………
    21.If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A
    22. What is the nature and cause of any consent cited in #21 above? ………………………………………………………………
    …………………………………………………………………………………………………………………………………… ………
    23. Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO
    24. Date said verification cited above in # 23 was provided alleged Debtor: …………………………….………………………...
    25. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO
    26. Verification cited above in # 23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION
    27. Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO
    28. What is the nature and cause of any claim(s)/defense(s) re this alleged account? ……... …………………………………….
    …………………………………………………………………………………………………………………………………… ………
    29. Was alleged Debtor sold any products/services by Debt Collector? YES NO
    30. What is the nature and cause of any products/services cited above in # 29? …….……………………………………………
    …………………………………………………………………………………... ……………………………... ………………………
    31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO
    32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? ……………………………….
    …………………………………………………………………………………... ……………………………... ………………………
    33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO
    34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? …………………………………………………………………………………... ……………………………... ……………………
    35. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO
    36. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? …………………………………………………………………………………………………………………………………… ……
    37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO
    38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO
    39. Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO
    40. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO
    41. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO
    42. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO
    43. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO
    44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO

    Debt Collector's failure, both intentional and otherwise, to complete/answer points “1” through “44” above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite verification validating the hereinabove - referenced alleged debt, constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account.
    Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief.

    ____________________________________ ____________________________________
    Date Printed name of Signatory

    ____________________________________ ____________________________________
    Official Title of Signatory Authorized Signature for Debt Collector

    Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC §1692 et seq. and which states in relevant part: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” which includes “the false representation of the character, or legal status of any debt,” and “the threat to take any action that cannot legally be taken,” all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector's claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty (30) days for processing after Respondent's receipt of Debt Collector's response.








    Recording Requested by, and
    When Recorded Return to:

    Your name
    Address
    State and zip code
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #5

    Oct 1, 2009, 04:09 PM
    Maryland Rules on line

    Legal Resources
    DisabledinMD's Avatar
    DisabledinMD Posts: 68, Reputation: 0
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    #6

    Oct 1, 2009, 07:49 PM
    Quote Originally Posted by mr.yet View Post
    Md. Rules are quite specific, Claim under $5000 are handled in MD District Courts, and per the MD court Rules Chapter 400 Rule 3-421 there is nothing limiting you request for Discovery. and I quote;
    There is nothing limiting me in asking, according to the rules, and I cited and used those rules, from the link for MD Rules that you posted in your last post, and which I saved in my Favorites prior to responding to the Plaintiff. But since the Plaintiff chosed to make this a small claims case, because the amount is under $5000, they waived their right to Discovery, so I have no right to it, though I can certainly send the papers. See here: Rules of Evidence 3-421 - Credit, Debt and Collections Law in Maryland | LawGuru Answers and here: Maryland Small Claims Court Information So, while nothing limits me in requesting Discovery, they have no obligation to respond, and I can't compel them too. :(

    So, I'm left with using other tactics to get the information out of them, federal rules that give me the right to request validation. Love that QUESTIONS form you posted. Will C&P that into WORD and send it with my Validation Request. And send a Certicate of Service to Court that I sent these.
    DisabledinMD's Avatar
    DisabledinMD Posts: 68, Reputation: 0
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    #7

    Oct 1, 2009, 08:17 PM
    This is what I proposed to send them regarding Validation, it is a combination of two different Validation Requests templates, with a few additionals added that I gleaned from this and other forums/websites.


    Letter to Plaintiff asking for verification of the debt, and their right to collect it.

    Attempt to Validate Debt.
    Under the Federal Debt Collection Practices Act, I am allowed to challenge the validity of a debt that a collection agency states I owe to them. Use of this letter and the following form is to make the agency verify that the debt is actually mine and owed by myself.

    Attorney/debt Collector (which are one and the same, actually)
    Address
    City, State, Zip


    Date: October 00, 2009
    Re: Acct # XXXX-XXXX-XXXX or File# XXXXXXX
    To Whom It May Concern:
    This letter is being sent to you in response to a notice sent to me on September 29, 2009). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.




    In accordance with the FDCPA, I have the right to ask for validation of this alleged debt. This is asking for proof of this and verifying the same. I request that you provide the original contract, as proof that you are the Holder in Due course.

    • Proof that the collection company owns the debt/or has been assigned the debt. That is a direct contract between collection agency and the original creditor.
    • At a minimum, some account statements from the original creditor. (Note: These were attached to summons).
    • Copy of the original signed loan agreement or credit card application.
    This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

    Please provide me with the following:
    • What the money you say I owe is for;
    • Explain and show me how you calculated what you say I owe;
    • Provide me with copies of any papers that show I agreed to pay what you say I owe to you;
    • Provide a verification or copy of any judgment if applicable; (FDCPA Section 809 [15 USC 1692g])
    • Identify the original creditor; (FDCPA Section 809 [15 USC 1692g])
    • Show me that you are licensed and bonded to collect in my state (Maryland's Business Regulation 7-104) (Business Regulation Article, Section 7-304, and Md. Code)
    • Provide me with your license numbers and Registered Agent (Maryland's Business Regulation 7-104) (Business Regulation Article, Section 7-303b and 7-305 and 7-401a and 14-201, Md. Code)

    If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information before deciding on any action. Without the provision of the above, I cannot assume as proof that you are the Holder in Due course and legally entitled to collect the debt in question.
    Furthermore, please attach copies of the following with your reply, as per (FDCPA Section 809 [15 USC 1692g]):




    1. The agreement which authorizes the creditor to collect on the alleged debt.
    2. The signed agreement from the debtor conforming to pay the creditor.
    3. The documents regarding the payments made on this account validating the amount.


    You must show proof positive that I owe you this debt. It's not enough to send a computer-generated printout of the debt. See attached opinion letter from the FTC which backs this up

    Thank you for your prompt attention to this matter.

    Sincerely,

    _____________________________
    Name
    Address
    City, State, Zip



    Tell me what you think? Send as is? Or are there any changes you recommend?

    Something tells me I will get incomplete or no answers to certain questions (Like the licensing issues, since the JDB lacks Good Standing as required by MD law. They might purjure themselves, since if they claim to be validly licensed, when the SDAT website says otherwise.). After all, they refused to answer Discovery. But at least it let's them know that I'm on top of things, and well aware of what my rights are.


    Thank you for your help with this, mr yet. You are truly knowledgeable on this stuff, and an asset to this forum. I used a lot of advice you gave to others, in my actions and correspondance with Court, and Plaintiff.
    DisabledinMD's Avatar
    DisabledinMD Posts: 68, Reputation: 0
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    #8

    Oct 1, 2009, 10:01 PM
    Also, in all their correspondance with me, the attorney refers to his client ( Cornerstone). And something in their one and only letter to me (Arrived days after major surgery, I was recuperating from that, plus recovering from severe anemia, which was the reason for the surgery, so in no way could I respond within 30 days of receipt of letter. It was a good 6 weeks till I could function close to normal.) has me puzzled.

    "This firm represents the above named creditor who has placed this matter with our office for collection and such other action as necessary to protect our client. At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact this office, our client may consider additional remedies to recover the balance due. If the account is not in dispute, your payment in full should be made payable to the above named creditor and mailed to this office.

    As of the date of this letter, our client's records reflect that you owe an unpaid balance of $XXXX.XX. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we recieve your check, in which even we will inform you before depositing the check for collection. For futher information, write the undersigned or call the phone number listed above.


    By use of the word "creditor" in paragraph 1, are they refering to Chase, or Cornerstone? If the debt was charged-off and assigned to Cornerstone by Chase (a Bill of Sale was included in court documents), doesn't that make Cornerstone a "Debt Collector"???? It appears they represent Cornerstone, so Cornerstone is not the "creditor".

    Is any of paragraph 2 questionable as far as the Fair Credit laws are concerned?


    Letter from Attorney after I send documents to them, and Court. this is the one where they make settlement offer for 50%.


    "Nevertheless, I have spoken to my client regarding your claims regarding your current disabilities. <snip> My client has agreed to resolve this matter... <snip> Therefore, my client would... <snip> "


    By "client" attorney is referring to Cornerstone, the debt collector and Plaintiff in this case. However, when I went searching for the licensing information for Cornerstone, the Principal Office and Resident Agent listed are those of the Attorney who is represening the Plaintiff, and who sent me the initial contact. All correspondance was from attorney's office, I cannot find any separate physical address for Cornerstone. Court documents give a PO Box in VA. It appears that attorney and debt collector/Plaintiff are one and the same. Is it therefore normal to use third-person type language as used above? Searches of Cornerstone on the District Court website, show that it is always the same attorney representing them. Is this type of communication acceptable?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #9

    Oct 2, 2009, 04:13 PM
    Remember you can always appeal the ocurt ruling to the next high court. Everything looks good.

    Remember this at any hearing in any court, you have the right to cross examine the plaintiff, make them appear, an attorney cannot testify for their client, it is consider hearsay, so use it. It there is no plainitff present move to dismiss, based on hearsay evidence from the attorney. Also, remember they must have the original contract, no contract, no case. You have the right to object, so use it. Read up on procedure and don't be afraid.
    DisabledinMD's Avatar
    DisabledinMD Posts: 68, Reputation: 0
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    #10

    Oct 12, 2009, 07:55 PM

    Sent the Disclosure Statement and Validation Letter to Plaintiff by certified mail return receipt requested. Included a notarized copy of Certificate of Service, which I also sent to court. Now to wait the 30 days before I can file the Motion to Dismiss.

    Licensing board contacted me for further information, he cannot find Cornerstone listed, wanted additional information, which I provided. Hmmmmmmmm! I have this feeling he is not going to find them listed in the state records. My plan is to file a Motion to Dismiss after the 30 days has passed; requesting it based on lack of valid assignment, no wet-inked signed contract produced, no validation/verification, as required by federal law. And that JDB is not an agency licensed and bonded by the licensing board with a Certificate of Good Standing from SDAT, as required under MD law. Will attach supporting documents to show the above, and ask that it be dismissed with prejudice.

    Now, the waiting period begins. Thank you for your help, mr yet.

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