Expert: Creditwrench - 12/8/2008

Question
QUESTION: Kingman, Cole and Assocates          November 20, 2008

RE: HOUSEHOLD BANK/HSBC          File# 150696-184270


Acct: 5440455016442330          Balance: $ 1,512.36


Dear Ronald,

Kingman, Cole and Associates LLC, has made several attempts to contact you in regards to your delinquent account for HOUSEHOLD BANK/HSBC. Your payment is due on the following date:

         Amount          Due Date

         $2,752.81          12/18/2008

Upon successful completion of your payment the above referenced account will be considered legally paid and will be reported to the major credit reporting agencies if applicable.

If you have any questions relative to the above referenced account, please do not hesitate to call this office at .

“This is an attempt to collect a debit and any information obtained will be used for that purpose”.


Sincerely,

Mr. Kyle Schwartz

         6558 4th Section Road Suite 321 Brockport, New York 14420
         www.kingmancoleandassociates.com
         AFFIDAVIT AND ASSIGNMENT

Kyle Schwartz, being sworn, deposes and says that he is media manger of Kingman, Cole and Associates, LLC herein called assignor, which is doing business at 6558 4th Section Rd Suite 321, Brockport, NY 14420 and that he is authorized to make the statements and representations herein. There is due and payable from HSBC/HOUSEHOLD BANK.

ACCOUNT#5440455016442330,
Of 11/20/2008, the amount of $ 1,512.36. By the terms of the agreement between the defendant and the original creditor, interest is accruing at the rate of 5.00 percent per annum.

Said agreement is hereby assigned, transferred and set over unto Kingman, Cole and Associates, with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim. The affiant states that to the best of the affiant’s knowledge, information and belief there are no unaccredited payments just counterclaims or offsets against the said debt,. Further, the undersigned acknowledges that in the making of this assignment, the assignor has made a complete assignment of said debt and that Kingman, Cole and Associates, is now the owner thereof, and they have complete authority to settle, adjust, compromise and satisfy the same and that the assignor has no further interest in said debt for any purpose.

Dated the 20th of November, 2008

Kingman, Cole and Associates

By Kyle Schwartz:  Media Manager

6558 4th Section Rd Suite 321, Brockport, NY 14420


ANSWER: Problem with that is that it isn't an affidavit at all. In order for it to be an affidavit it must state that the affiant has first hand knowledge of the information he is trying to provide and how he came by that first hand knowledge. That's just for starters. So file motion to strike the affidavit because it isn't an affidavit at all.



---------- FOLLOW-UP ----------

QUESTION: who do i send a motion to strike too and could you tell me whats next ?

ANSWER: You have to file the motion with the court, get the hearing date for your motion set and send a copy of each to the plaintiff's attorney by certified mail return receipt requested. I have to see all the paperwork in the file to see what's next.




---------- FOLLOW-UP ----------

QUESTION: this is the first letter i received when i asked for something written instead of phone calls asking for money. they have not filed any court papers yet this is first written contact what should i do ??

Answer
I presume you have checked with the county clerk of the court to see that there is no complaint filed against you. Then you need to send the a validation demand. I'd suggest you become a student and get started to learning how to respond. You will get a good validation letter in the process.