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  2. Hello. My mother has been served with a civil summons with the complaint attached. She does not really know English that well and I am trying to help her out. I’m not sure where to begin or how to answer the complaint. I have suggested/planned that we call the group and try to settle. Where should we start from here? She can’t afford to pay the debt at the moment but is planning to call to try to settle. Details down below. 1. Who is the named plaintiff in the suit? Citibank, N.A., 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) The Moore Law Group, APC 3. How much are you being sued for? 7,XXX 4. Who is the original creditor? (if not the Plaintiff) Citibank, N.A. (the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Mother was served with civil summons and complaint forms 6. How were you served? (Mail, In person, Notice on door) Served at home. 7. Was the service legal as required by your state? Unsure 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Not sure. I do recall seeing notices about late payments and demanding payments. 9. What state and county do you live in? · Pima County, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime 2018. 11. When did you open the account (looking to establish what card agreement may be applicable)? · 3 years ago 12. What is the SOL on the debt? To find out: Within statute of limitations 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Court website shows the case status is “Open.” She was served on Dec 6 2019 and file date was Nov 19 2019. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 20 Days · 1. Upon information and belief, Defendants Jane Doe and J. Doe, as spouse, are residents of Pima County, Arizona, and reside within this Court’s jurisdiction. At all times material hereto, Defendants were acting on behalf of and for the benefit of their marital community, if any. · 2. Jurisdiction and venue are proper in this Court. · 3. Plaintiff is a national bank organized and existing under Federal Law and the owner of a Citibank, CARD NAME credit account currently ending XXX (“Account”) and is the real party in interest. · 4. Jane Doe applied for and used or authorized the use of the Account for the acquisition of goods, services, balance transfers, or cash advances and thereby became obligated to pay for the charges incurred on the Account. Throughout the existence of the Account, Jane Doe received regular account statements. · 5. Jane Doe defaulted on the obligation to make payments on the Account, and the Account was subsequently charged off. · 6. There are no currently unresolved disputes and the entire balance on the Account is presently due and payable in full by the Defendants. · 7. A true and correct copy of a statement reflecting the charge off balance owing is attached hereto as Exhibit A. The amount currently owing is $7,000 (I the rounded amount), which reflects any applicable post charge-off payments, credits and adjustments. · 8. Plaintiff does not seek post-charge off interest. Plaintiff has made all demands and performed all other acts necessary to mature its claim against Jane Doe which Jane Doe has failed to pay. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Attached a bill from 3/2019 (Exhibit A) 18. How did you find out about this site? Google search
  3. Today
  4. The FCRA is a FEDERAL statute not state. That governs reporting to the bureaus not the California state laws on consumer debt. Your card agreement and terms of service spells this out. NOTHING in the FCRA requires they notify you prior to a negative credit report entry. No idea where you got that. I recommend you consult a good consumer attorney before you file ANYTHING in ANY court. If you get this wrong and the suit is labeled frivolous you will be on the hook for their expenses dealing with it which could easily be five figures between court costs and attorney fees.
  5. TrakAmerica is usually used by companies to place accounts with law firms.
  6. Some states do allow a collection agency to sue on behalf of the OC that retained them. They do not need to validate the transfer of the account unless it has been sold. If it was only placed for collections then they don't have to validate a transfer. If Barclays still owns the account and is listed as the Plaintiff then that is who is suing you. You have to make it to the attorney on the account for Scott and Associates. Once they sued all settlement talks go through the law firm.
  7. Yesterday
  8. Barclay's likely has no idea the name of the attorney representing the debt collector. In any event, OC's occasionally authorize 3rd party debt collectors to sue on their behalf. That's what happened here. Because you have been sued, you cannot talk to the debt collector directly, but must go through their attorneys. Of course, you are free to refuse to do this, but that's not going to stop the wheels that are already in motion.
  9. I'm trying to understand why you said you didn't know what happened to your loan after BofA told you in person that it had been sold. The new servicer, the name of which you got from BofA, verified your personal info, so you had no reason to believe it was some kind of scam. If they were saying your payment was 20% higher then i could see you being unwilling to pay the additional amount, but i can't imagine creating all of these problems over $40. How far behind were you when they took the $4,000 double payment on June 24?
  10. received a citation that I was being sued by Barclay's. Scott & Associates shows to be their attorney. They are a debt collection attorney office. According to Barclay's, they referred the account to a third party collection agency, TrakAmerica. (I have this statement in writing). TrakAmerica claims they are not a collection agency and that they referred the account to Scott & Associates. I cannot get any of these companies to validate the transfer of this account, except for Barclay's saying they referred it to TrakAmerica. How can a 4th party collection agency sue on behalf of the original creditor? All three do acknowledge that Barclay's still owns the account. I never received the letter that Scott & Associates claims they mailed to me January 6, 2019. The first I heard of them was when I received the summons. I filed a complaint with the Consumer Financial Protection Bureau and in their response they sent me that letter plus another letter answering the complaint. They indicated in the letter dated Jan 6, 2019 that I had sent a cease and desist letter to either them or their client. How could I have sent a letter to them prior to them ever contacting me and how could I send a cease and desist letter to the original creditor? It seems they fabricated this letter dated January 6, 2019 after I filed a complaint. I really don't think they have any proof that were retained by the original creditor (Trak America says they referred it to them). None of this seems legal. I did hire an attorney, but he failed to respond to the citation, so a default judgment was issued. I was able to get that vacated and a hearing was rescheduled for Jan 13, 2019. I would gladly make a settlement offer if I just knew who to make it to. I did offer Barclay's a settlement but they say I have to talk to TrakAmerica (Barclay's has NEVER said I needed to talk to Scott & Associates)..and TrakAmerica is not a collection agency.
  11. Is this something that really should be done and how does one know which companies/banks are legit? What is the difference in securitization audits and forensic audits? Should money be requested up front? What are the criterias one should look for with this process? Confused and not sure what to do even with attorney. Attorney has not been of assistance but has only created much more stress and anxiety.
  12. I have retained attorney, almost $10,000 spent already but EXTREMELY dissatisfied and know if I continue w/him I am sure to lose our home. Trying to figure out how to get the federal rules that have been violated, addressed, but the attorney has not raised one issue with them and is focused on something else that seems to me can be argued, giving us no grounds to succeed. From what I have gained of all the research, the violations are what will give us the fighting chance. Am I wrong?
  13. Yes on your response. Your denial will be first then second will be something like. II. AFFIRMATIVE DEFENSE Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter.
  14. Read your cardmember agreement. It may say something to effect that they can close your account if “you don’t pay at least the Minimum Payment Due by the due date.” You are bound by the terms of the agreement. Also, look at your credit card statements. They will show “minimum payment due” or something like that. Most people, even the least-sophisticated consumer” can can understand what that means. If, after disputing with the CRAs, you disagree with the furnisher’s determination that the information is correct, you can dispute directly with the furnisher or sue it. But if you sue, you bear the burden of proving the information is wrong. In order to receive statutory damages under the FCRA, you would have to prove the furnisher willfully (intentionally) reported incorrect information. If you can only prove negligence, you must have actual damages.
  15. Ok, let's try this again. I DID NOT MAKE A PAYMENT. I know better than that. I haven't contacted them nor have they contacted me. I have disputed it (they verified) and EXP won't take another because they messed up the first and they suck. What is the exact case law (or any law) stating that the reported payments are only for minimum due payments? And that a payment under the minimum can be reported as late? Because the least sophisticated/unsophisticated consumer would believe that any payment would suffice. And the acceptance of said payment by the company supports an on time payment report. And how does that negate reporting a 30 day late as 120? Because by your logic they then have misreported a 30, 60 and 90 day late buy reporting them as on time and at minimum the previous 3 months. Which is STILL not reporting accurately. So they are wrong either way. Please remember I am in California the laws are more consumer friendly here. Oh and they are required to inform me that they are going to relay negative information to the CRAs before they do so and did not. I have to file this in District Court since their information isn't available with the California SOS. And they've already been ruled not able to push this into Federal Court.
  16. There are piles of case law that disagree with you. Furthermore, when you open and use a credit card, you expressly agree that the debt can be sold to anyone at any time, and the new owner assumes all of the same rights and responsibilities as the original creditor.
  17. You don't have any until you first dispute it and they continue reporting inaccurate information following your dispute.
  18. Thank you so much for the response. So the answer needs to say that I’m envoking contractural arbitration and lack of subject matter ? or will I do that separate And do I need the “ Now comes —- to answer” type of response ?
  19. One thing you need to consider: Is he “judgment proof”? There really is no such thing as judgment proof, but there are some people from whom a judgment cannot be legally collected, such as only income from disability or SS. The laws vary state to state. You need to find out the laws in your state. If one is “judgment proof”, then one has much greater leverage in settlement negotiations. As in, take this or you get absolutely nothing. Realize some creditors would rather have an uncollectable judgment on the record than a small settlement. If he is judgment proof, he will have to live with a judgment on his record if negotiations fail.
  20. ok thank you for your answers
  21. No. If you do not make the minimum payment due then it IS unpaid. Here is an example: January amount due: $100 customer pays $50. That means the account becomes 30 days late because the minimum payment was not made. February amount due: $175 customer pays $50. Now the account is 60 days past due because the minimum again has not been made. It takes 4 months of making less than the minimum payment for an account to quickly get to 120 days late. You can disagree all you like but if the minimum payment is not made monthly then the account is late and can be reported that way. You must bring the account current with all past payments, late fees and interest caught up for the number of days late to reset to 0. 120 days late reported in month of [April] does not mean that the consumer was late 120 days in that month. It means it has been 120 days since a MINIMUM payment was made on time. Unfortunately no. Many consumers make this mistake believing that as long as they pay "something" they are covered. From an FCRA standpoint if you fail to make the minimum payment then the account is late and can be reported that way.
  22. You need to pull those pictures down. Your personal information including name is easily identifiable. You are being sued in Justice Court. You file an answer. Comenity has an arbitration clause. Invoke private contractual arbitration in your affirmative defenses as well as lack of subject matter jurisdiction. At the same time file a MTC arbitration that is separate from the answer. BOTH must be served on the court and the Plaintiff. Make sure you include a certificate of service with both.
  23. No good. The reasons the defendant didn't object are not LEGAL ones. Under the law if he was too ill to handle his financial affairs he should have appointed someone to do so for him. While it is understandable it is not a defense to not paying. Is he alleging there is fraud in the statements now? The other issue with that is a consumer only has 6 months to dispute a charge. Once that time passes the charge is automatically valid and no longer disputable. The only possible way out after 6 months would be for the consumer finding themselves in collections or sued and discovering the entire account is fraudulent. Under that the charges could be disputed as the party being targeted as the defendant is also a victim. You really should research all the California threads. There are a lot of options available to consumers there but in all of them I have never seen a demurrer recommended and based on what you posted you don't have a legal basis for one. Cap1 is one of the top 3 most aggressive creditors when it comes to litigation. Typically we see anywhere between 60-80% of the debt. You start with a low number and then work your way up to the best number you can afford and they will take. Cap1 may demand proof of disability and income to approve a very low settlement. That is not unexpected. However, they could also refuse to settle at any number even if it means they never collect. Settlement talks are not admissible at trial so there is no harm in trying.
  24. Portfolio is suing me for 900 bucks for a Bealls credit card. I have been served papers and need to respond but I’ve never seen these kind of papers before so I’m not sure in what way to respond. Can anyone help please. I have a few more days to figure this out before the deadline.
  25. Yes, it would cost more money and time, but if the plaintiff wins, the cost is charged to the defendant and added to the judgment. Also, witnesses can appear by phone thereby eliminating travel costs. In regard to: The court has nothing to do with that. Law firms can have agreements with other law firms to stand in for them if attorneys for the filing law firm cannot be present.
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