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    MD Realtor's Avatar
    MD Realtor Posts: 2, Reputation: 1
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    #1

    Nov 23, 2009, 02:57 PM
    Mr Yet - Do I settle or go to court?
    Chase Bank NA is suing me for a credit card balance. The evidence they have presented the Court is one monthly statement and an affidavit from Chase.

    I never answered interrogetories or requested them. However I did file a motion to defend. Chase filed a motion for judgement due to my not responding to interrogetories and it was denied.

    Alleged balance owed $14,000. Chase will settle for $8,000. I have a Merit Trial in 2 weeks. I'm considering going to court to defend my case. First of all, see if Plaintiff even shows. Second - challenge validity of contract.

    Thoughts? Too risky? Can an affidavit judgement be issued at a Merit Trial?

    Also - Is it too late to ask for debt validation from Chase?

    Thanks much!
    MD Realtor's Avatar
    MD Realtor Posts: 2, Reputation: 1
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    #2

    Nov 23, 2009, 02:58 PM

    Mr. yet - Forgot to mention I am in Montgomery County, MD.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #3

    Nov 24, 2009, 04:15 PM
    Go to the hearing and after the plaintiff present their case, demand to see the original contract, not a copy, If the judge happens to ask you if that s your signature on the alleged copy, simply state " I cannot admit or deny the alleged contract until the plaintiff produce the original contract to compare signatures. Don't let the judge buffalo you, if they don't have , say I Move to Dismiss with prejudice, whereas the plaintiff has fail to provide proof of the alleged debt.

    Repeat as many times as necessary
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