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Author Topic: Edited version of suit by HSBC  (Read 3523 times)
ReadySetGo
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« on: February 23, 2010, 08:28:50 AM »

Being sued by attorneys out of Jacksonville, Plaintiff is HSBC Bank Nevada, N.A.

Here is the complaint:

HSBC BANK NEVADA, N.A. a corporation, Plaintiff,
vs.
ME, Defendant.

COMPLAINT
HSBC BANK NEVADA, N.A, sues the Defendant, ME, and alleges:

1. This is an action for damages that exceeds $5,000.00, but does not exceed $15,000 exclusive of interest, court costs and attorney's fees.

2.The Plaintiff established a credit card account, bearing the number xxxxxxxx, in the name of the Defendant and issued a credit card to the Defendant.

3.The credit card and the original credit card agreement (the "Agreement") were sent to the Defendant. Upon information and belief, Defendant is in possession of the original Agreement. A copy of the Agreement is attached and incorporated herein by reference.

4.Defendant, or other authorized by the Defendant, used the account to incur charges, thus accepting the terms ofthe Agreement and agreeing to be bound thereunder.

5. Defendant breached the Agreement by failing to make payment when due.

6.Defendant owes Plaintiff $XXX.XX plus interest on the credit card account.

8. All conditions precedent to bringing this action have occurred or have been waived.

9.Plaintiff is obligated to pay its attorneys a reasonable fee for their services. The Agreement provides for the
recovery of attorney's fees. In the event of a default, a reasonable attorney fee would be $500.00. WHEREFORE, Plaintiff demands judgment for damages, plus interest, costs and attorney's fees.



All that is attached to the complaint is a generic card member agreement that that says AG1819 (8/04) beneath the title. No statements or agreement signature card. The agreement states that Nevada law is applicable and the SOL in Nevada is 6 years.

I answered the summons within the 20 days allowed and was recorded by the court as such with the following:
Affirmative defenses
Sworn denial
Notice of appearance
Declaration re: income and assests exempt from garnishment
I also sent a letter to the attorney's office requesting that all further communications be in written form vs. telephone, citing the statute that supports this.

Last week the attorney's office sent to me, via regular mail, the following:
Plaintiff's First Interrogatories to Defendant
Plaintiff's Request for Production
Plaintiff's First Request for Admissions, in accordance with Rule 1.370

Additionally, there was a cover letter, acknowledging receipt of the docs I sent them and appealing to me to call within 10 days, to bring the matter to an early resolution, amicably.

So, my thoughts are these: I am being asked, in spite of my sworn denial, to admit to the charges originally leveled at me, why?
I am being asked to produce docs to prove my relationship with the bank, ie: application, charge slips, statements, correspondence, etc. - shouldn't THEY be doing so to prove to me that I'm the one?

I wonder about filing a MTD as a result of their lack of providing proof of the relationship - other than an acct# and a generic agreement?

Let me say how appreciative I am for this site and the knowledge-base I have found here.

Thank you.
« Last Edit: February 25, 2010, 08:54:15 AM by ReadySetGo » Logged
Fighting the Good Fight in FL
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« Reply #1 on: February 23, 2010, 01:34:04 PM »

You may want to read my post titled CACH LLC Suit at http://floridadebtor.com/debtforum/index.php/topic,381.msg2519.html#msg2519. I was also sued by Rubin and Debski.

In my case they were collecting on a HSBC debt that had been sold...not sure if that is the same in your case as they claim HSBC BANK NEVADA as the Palintiff, but that might be a lie...

If they cannot produce evidence then you may luck out.

First let's answers some questions...

Is this in small claims?

Did you go through a pre-trial confernce?

Did you agree to discovery?
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ReadySetGo
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« Reply #2 on: February 23, 2010, 02:32:45 PM »

Thank you.

your post was how I originally found this site and your case prompted me to post.
So:
More than $5k, but less than $15K.
No pre-trial anything as yet?
I have not agreed to anything, at least as far as I know.
« Last Edit: February 25, 2010, 08:49:57 AM by ReadySetGo » Logged
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« Reply #3 on: February 23, 2010, 03:43:37 PM »

First of all, not to fall over myself with gratitude, but, thank you!

your post was how I originally found this site and your case was what gave me hope!
So:
More than $5k, but less than $15K - my bad for not knowing what amount constitutes small claims.
No pre-trial anything as yet. What would that look like and how would it happen?
I have not agreed to anything, at least as far as I know.


Look on the complaint and summons given to you to see what court you are in. I believe you are in county civil and not small claims due to the amount you are being served for....this is important as the rules are a slightly different for small claims and county civil .

Not sure if your judicial civil court requires a pre-trial confernce in your county...you will need to look at your clerk of court site and see what your local rules are...

Have you gone to court yet?

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ReadySetGo
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« Reply #4 on: February 23, 2010, 07:26:38 PM »

You are correct, I am in county civil.

I have tried to find my court's rules on their website, thus far to no avail, I will keep looking.

No, haven't gone to court as yet.

Also, are you able to clarify something for me: in their most recent letter to me (to date, their ONLY letter to me) the attorney states that they will give me 10 days to contact them to close the matter, amicably. Otherwise to court we go. I'm guessing this is a tactic with no teeth, but designed to scare me into engaging directly with them. By engaging directly with them, am I admitting anything that can come back to haunt me, later?

Am I right in my assumption that, the oness is on them to produce docs that vilify me?
« Last Edit: February 25, 2010, 08:56:41 AM by ReadySetGo » Logged
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« Reply #5 on: February 24, 2010, 07:32:32 AM »

What county?
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ReadySetGo
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« Reply #6 on: February 24, 2010, 07:39:33 AM »

Previously stated and since removed.
« Last Edit: February 25, 2010, 08:59:11 AM by ReadySetGo » Logged
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« Reply #7 on: February 24, 2010, 07:54:04 AM »

Look here for the rules: http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf?OpenElement

If you intend to fight this, read the rules and know them well....especially the part about discovery. It is up to them to bring the proof, not you.

The 10 day window may be as you suspect, a chance to save going to court if you can cut a deal. However, it will probably involve a stipulated payment agreement that Rubin and Debski will file with the court and use to get a quick default judgement if you do not keep the terms. Or they may even use the agreement to get the judge to go ahead and give them a judgement.

I am not an attorney and will not give you legal advice....you may want to go talk to an attorney if you are in civil court.

Do you plan to fight this or settle? A call to see what they are offering may not hurt, but don't expect a great deal.
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ReadySetGo
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« Reply #8 on: February 24, 2010, 10:25:23 AM »

Good Fight,

Thank you for finding the court's rules.
Not expecting you to advise...

The fact that you're supporting - that they need to bring the proof - is as I suspected.

I fully anticipate that a negotiation is not going to be yielding any kind of "great deal" but I am curious as to how it would go.  

Thoughts?
« Last Edit: February 25, 2010, 08:57:45 AM by ReadySetGo » Logged
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« Reply #9 on: February 24, 2010, 01:36:25 PM »

If you confer with them ( via phone or mail):

1. Admit to nothing...on the phone or in writing.

2. My understanding is that any information relayed in settlement negotiations outside of court cannot be used in court or court filings.

3. I would not answer ANY discovery demands until you go to court and see what the judge has to say. He or she may send you guys to mediation...

4. All your answers should go to the court and the opposing attorney. File nothing that isn't required by the court. The plaintiff can demnand all they want, but the judge is in charge here.

5. It never hurts to file a MTD...
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mcb11902
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« Reply #10 on: February 25, 2010, 07:17:25 AM »

You have to respond to the request for admissions within 30 days; otherwise, all requests are deemed admitted.
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