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    nanatyler's Avatar
    nanatyler Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 11, 2010, 06:02 PM
    how do I write a notice of Intention to defend for Maryland Civil law suit
    I am being suited for a loan I took out in DEC 24, 2008, THE FIRST PYAMENT WAS DUE IN Feb 2009. I missed a few payment up, I caught them up. Now the company is suiting me. For $9,000.00. They have the title to my vehcile.

    From the start of this loan I started receiving calls from American General about payments. The first call I received was in January 2009. At which time the first payment was not due until February 1, 2009, with a 15 day grace period before late charges.
    Below are the dates of payments and copy of all canceled checks and money orders American General cashed from my bank:
    PAYMENT # Date of Check CHECK # Amount Due Check Amount Date Check Cashed
    1. February 26, 2009 4158 $307.38 $320.00 March 3, 2009
    2. April 6, 2009 4171 $269.36 $270.00 April 14, 2009
    3. May 19, 2009 4212 $269.36 $270.00 May 22, 2009
    4. June 5, 2009 4215 $269.36 $270.00 June 11, 2009
    5. July 13, 2009 4228 $269.36 $270.00 Can’t read back of Check
    6 August 29, 2009 4184 $269.36 $270.00 Can’t read back of Check
    7. October 6, 2009 4190 $269.36 $270.00 October 20, 2009
    8. November 12, 2009 4200 $269.36 $270.00 Can’t read back of Check
    9 23120 $269.36 $270.00 Money Order
    10 December 14,2090 1015 $269.36 $270.00 Can’t read back of Check
    11 December 28, 2009 $269.36 $270.00 Jan 2010 Payment AG Holding
    12 $269.36 Due Feb 2010

    There are 12 months in a year, therefore counting from February 2009 to February 2010 = 12 months. Therefore from February 2009 to December 2009 is 10 months. In the My Payment Schedule of the Contract states the following:
    First Payment due February 1, 2009
    47 Payments of $269.36, beginning March 1, 2009,
    I may owe American General Late fee. According to my records and my cancel checks I am not behind in any payments to American General.
    Ms. Kindra Payne, S. Manager for American General has called my place of work, on several occasion she was informed I could not received personal call of that nature at work. She continued to talk I had customers in my work area including my supervisory they all could hear Ms. Payne even with the phone to my ear.
    On Several occasions Ms. Payne open my mailbox at my place of residence and place an envelope in the mail box. The envelope contains her business card. See Attachment 2.
    Ms. Payne called my home so much in a week’s time that she caused stress to my marriage and to my husband who is a type 2 diabetic. She call so much one day that she cause his blood sugar to go out of control, to the point when I arrive home from work, I found him in a diabetic shook. I had to call ambulance f or him. He questions him as to say I was not at work when in fact I was at will. She tried to discuss the account with him. His name is not on the account.
    Ms. Payne calls Ms. Rosalind Holton a friend of home looking for me. Asking her all kinds of questions about me. Ms. Payne even stated to Ms. Holton that she had been to my home looking for me.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #2

    Jan 12, 2010, 09:44 AM
    Quote Originally Posted by nanatyler View Post
    i am being suited for a loan I took out in DEC 24, 2008, THE FIRST PYAMENT WAS DUE IN Feb 2009. I missed a few payment up, I caught them up. Now the company is suiting me. for $9,000.00. they have the title to my vehcile.

    From the start of this loan I started receiving calls from American General about payments. The first call I received was in January 2009. At which time the first payment was not due until February 1, 2009, with a 15 day grace period before late charges.
    Below are the dates of payments and copy of all canceled checks and money orders American General cashed from my bank:
    PAYMENT # Date of Check CHECK # Amount Due Check Amount Date Check Cashed
    1. February 26, 2009 4158 $307.38 $320.00 March 3, 2009
    2. April 6, 2009 4171 $269.36 $270.00 April 14, 2009
    3. May 19, 2009 4212 $269.36 $270.00 May 22, 2009
    4. June 5, 2009 4215 $269.36 $270.00 June 11, 2009
    5. July 13, 2009 4228 $269.36 $270.00 Can't read back of Check
    6 August 29, 2009 4184 $269.36 $270.00 Can't read back of Check
    7. October 6, 2009 4190 $269.36 $270.00 October 20, 2009
    8. November 12, 2009 4200 $269.36 $270.00 Can't read back of Check
    9 23120 $269.36 $270.00 Money Order
    10 December 14,2090 1015 $269.36 $270.00 Can't read back of Check
    11 December 28, 2009 $269.36 $270.00 Jan 2010 Payment AG Holding
    12 $269.36 Due Feb 2010

    There are 12 months in a year, therefore counting from February 2009 to February 2010 = 12 months. Therefore from February 2009 to December 2009 is 10 months. In the My Payment Schedule of the Contract states the following:
    First Payment due February 1, 2009
    47 Payments of $269.36, beginning March 1, 2009,
    I may owe American General Late fee. According to my records and my cancel checks I am not behind in any payments to American General.
    Ms. Kindra Payne, S. Manager for American General has called my place of work, on several occasion she was informed I could not received personal call of that nature at work. She continued to talk I had customers in my work area including my supervisory they all could hear Ms. Payne even with the phone to my ear.
    On Several occasions Ms. Payne open my mailbox at my place of residence and place an envelope in the mail box. The envelope contains her business card. See Attachment 2.
    Ms. Payne called my home so much in a week's time that she caused stress to my marriage and to my husband who is a type 2 diabetic. She call so much one day that she cause his blood sugar to go out of control, to the point when I arrive home from work, I found him in a diabetic shook. I had to call ambulance f or him. He questions him as to say I was not at work when in fact I was at will. She tried to discuss the account with him. His name is not on the account.
    Ms. Payne calls Ms. Rosalind Holton a friend of home looking for me. Asking her all kinds of questions about me. Ms. Payne even stated to Ms. Holton that she had been to my home looking for me.
    Here's the problem: there are 12 months in a year, which means 12 payments are due. You've only made 12 payments, all sporadically and every single one of them has been late. Depending on what the rest of your contract says, you may have greatly increased your interest rate so now you're not even making a dent in the principal that you owe.

    You don't need a letter of intent to defend because you have no defense; inability to pay is not a defense. You need to either catch up in full or work out some type of payment arrangement before court so that a judgment is not placed against you.

    And just so you're aware, the court isn't going to buy the baloney about your husband allegedly going into diabetic shock because a creditor was contacting you. Your husband needs to manage his stress better or simply not pick up the phone.

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