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  2. The only reason I know I'm being sued is I started getting letters from local attorneys offering to represent me. I haven't been served at all and the mediation date is 9/25. Who is the named plaintiff in the suit? Crap1 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Poll n Ros ( I'm guessing you're all familiar ) 3. How much are you being sued for? $3000 4. Who is the original creditor? (if not the Plaintiff) Crap1 5. How do you know you are being sued? (You were served, right?) I started getting letters from attorneys in the area, looked it up at clerk's site 6. How were you served? (Mail, In person, Notice on door) Wasn't served 7. Was the service legal as required by your state? It doesn't appear so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Lee County, Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Feb 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? April 2014 12. What is the SOL on the debt? 6 years 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). Summons submitted for issuance, statement of claim, filed on 8-16 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? The mediation date set in the summons posted online is 9-25. Alleges defendant requested extension of credit Lists acct # Defendant caused various charges to be made Count 1 account stated Plaintiff and defendant had business transactions between them On August 26 2017 they agreed to resulting balance Plaintiff rendered a statement of it to defendant a copy being attached hereto and defendant did not object to the statement Count 2 unjust enrichment Defendant received and accepted benefit etc 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Account statement from 8-26-2017 18. How did you find out about this site? Google, thank the gods. Thank you in advance, any help is greatly appreciated. I feel like I have no time to prepare but I will be researching like crazy until next Wednesday. Is There a Law
  3. I read a lot of post on this website regarding arbitration and have posted and responded to many post. That being said. In Ohio when one is served a complaint the defendant can answer, including affirmative defenses, or may choose to file a motion before pleading affirmative defenses. A MTC arbitration which would include the assertion, lack of subject matter jurisdiction due to an arbitration clause under Ohio civil rules 12(B)(1). But, can we dismiss a complaint for lack of jurisdiction due to an arb clause, without filing an MTC. I, believe, that we might be able to under rule 41(B)(4)(a) for failure otherwise than on the merits. i could be wrong, so i am open to criticism. My thought is instead of filing a MTC maybe we might file a motion to dismiss for lack of jurisdiction for failure otherwise than on the merits due to a arbitration clause. In Thomas v. Freeman the Ohio supreme court explains rule 41 really good. https://caselaw.findlaw.com/oh-supreme-court/1002470.html Here is Ohio civil rules so that you can easily go to rule 41 to read it. http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf. I believe, to elect arbitration, is just that and simply replaces both parties rights to go before a court, such a Credit One Bank card agreements. I hope that those on here can read between the lines without me having to write a book on here to explain my thoughts. but after reading the Thomas case, it seems to open up a way to dismiss other than on merits. This is information only and not legal advise as i am not an attorney.
  4. Today
  5. Right - we all know I'm the one working for Midland - Harry just moved to Unifund.
  6. ok, just happened to be looking at the civil rules and saw that one.
  7. @SJULawAlum and @fisthardcheese I need assistance on replying back to AAA. The attorney’s firm emailed AAA that I filed improperly and omitted important facts. They are saying that my dispute is not a billing dispute but a matter of a debt collection. Also, that there has not been a Court Order that directs Midland to pay the filing fee. If you want it verbatim, I can copy it to the post. They quoted the agreement that they are not responsible for the filling fee.
  8. Which begs the question which professional dead beat poster who has been banned in the past has created a new account to return and spew their garbage? For someone who is supposedly "new" to the forum you certainly are very familiar with the regulars here. There is no point in even discussing anything with you. You are only interested in those who will agree with you, patting you on the back telling you how wonderful you are. Fortunately the courts are wise to your frivolous tactics now and we can only hope you get slapped like coltfan did. You deserve it.
  9. This is for District and Civil Court. It does not apply to Justice Court where the OP is being sued. JP court uses the 500 rules and allows the attorney to represent the client in court and does not require a live witness.
  10. Yes. Make sure you do not use a cut and paste only model. Tailor it very specifically to your case. Make sure to include that the basis is the Plaintiff failed to respond to discovery and therefore their answers are deemed admitted. See if there is some case law to support it in the OH courts as well. Then get it filed.
  11. Good morning Clydesmom! I was out of town last week and decided to check the online case access before I started to draft my Motion for Summary Judgement. It appears that on 9\16\2019 (yesterday) there was a court date set for 11/1/2019. The plaintiff still has not answered our questions etc. I have not received anything in the mail and online case access still shows that they have not filed answers yet. I just wanted to check with you to see if I should draft up the Motion for Summary Judgement and submit it to the court. Your help is always appreciated!
  12. Rule 12 challenge to the attorney's authority. truth has to come from the mouth of the principle not the agent. Who is is gonna verify what the attorney is saying in the hearing is true. Just a thought. http://www.txcourts.gov/media/1443641/trcp-all-updated-with-amendments-effective-febraury-26-2019.pdf
  13. @felisfanaticus Welcome to the community, if you could please make it easier for you and everyone else start your own thread. It keeps things streamlined and organized that way. Thank you!
  14. Hello, I wish I had come across this site after receiving a summons from the Dallas County Courts regarding a lawsuit by Portfolio Recovery Agency. I'm struggling financially, and taking care of a ill parent, and terminal cat. All while dealing with a terrible job and heartless boss and depression. Just trying to get through most days as unscathed as possible. Unfortunately, I have not given this horrible situation the time that I should have. I didn't realize that are so many other people are going through similar situations and probably feeling just as hopeless. I did initially try to get a lawyer in the beginning, but was quoted ridiculously high fees, even their sliding scale pricing was more more than what I could ever hope to afford. It's commendable that this site exists and to know that people have come together to share their advice and experiences with others who are dealing with the same frustrations. So thank you to everyone who put themselves out there in an attempt to assist a total stranger. I received a summons on my door over Memorial Day weekend which had no other information attached to it. No proof of debt or other correspondence regarding the debt itself. I have never talked to anyone from PRA, nor have I received any voicemails from them. I believe my cell phone app blacklisted their calls by sending them immediately to my voicemail. However they could have still left a message but chose not to. There may have been a letter from them a long time ago, but honestly I don't recall. I replied to the court before the date that was listed on the summons, via a letter to the judge whose name and address was listed on the correspondence. I disputed the debt through TransUnion, but still have not heard anything. I have a court date on October 4th with PRA I do not have an attorney and now I feel I probably waited too late to do anything. The credit card was for Discount Tire through Synchrony Bank. The initial credit line was between $350 and $500. They are suing for about $900 and court costs. Can you all let me know if you feel like I have any options at this point in time? I see on this site you speak of Discovery and Arbitration, I assume I've waited too long now to look into these? I also see where people have actually contacted the collection agency in offered a settlement. Am I correct in thinking I've waited too late for this as well? I appreciate your time, all of you, and will happily take any advice given. Thank you. Jennifer.
  15. Just as Harry stated, you can not be sued again, however they have enough with their judgment to persuade the judge to take further action. It may be in your best interest to setup a payment plan that works for you, if you can. It would be far less stressful to pay them rather then them taking a much higher payment right from your bank account. Best of luck, I hope you can come to some sort of middle ground with them.
  16. They can't "sue again", but since they have a judgment, they can just get a wage garnishment order, as well as levy your bank accounts and put liens on all of your property.
  17. New to the site hope I'm doing this right. My question is can you be sued again if you stop paying on a 3 year old judgement for a broken lease in 2010 in Arizona.
  18. Thanks - I respect your viewpoints.
  19. Yes, of course it was. I knew they would ignore it because collection agencies are vile, parasitic organizations that only follow the law if they think there will be documented evidence proving they violated. They never acknowledge faxes.
  20. It's making a come-back, as evidenced by more and more jurisdictions giving a nod to adoptive business records doctrine and handing down $1 judgment awards. Anyway, I'm sure you see where i come down in these kinds of tactics. Is clear that I'm not going to charge your mind any more than you'll change mine. Best of luck.
  21. I was just thinking "when will Clydesmom come in with a bunch of factually incorrect, irrelevant remarks to try and smash another thread." Right on queue. "By your own admission when you sent the certified letter it crossed with their second letter. They had no way of knowing the certified letter was en route when then mailed theirs. That gives them a bona-fide error defense." WRONG. I never claimed their second letter to be a violation. Why don't you try reading the thread one more time. This time, more carefully. More importantly, they had already received verbal dispute on the phone in addition to two successful fax transmissions during normal business hours. You're a real advocate for the collection agencies, almost like an amateur collection agency attorney, really arguing to excuse them from their legal obligations to validate. "YOU are not an unsophisticated consumer." WRONG. The law states that all matters must be evaluated using the "least sophisticated consumer" standard. This means all claims must be evaluated as if the interaction was transpiring with an unsophisticated consumer . You really shouldn't even be offering people advice on this forum if you are ignorant to that point of the law. "By your own admission you used a third party service to fax the response HOPING they would ignore it and you have no proof they received it. So they can claim it was never sent. " WRONG. First off, this point is irrelevant to the question I posed about the verbal attempts to collect on most recent phone call. Nonetheless, the company is executing a sworn affidavit attesting to the completion of the transmission, not once but twice, during normal business hours. A facsimile technician will attest to the fact that, if a completed transmission is indicated on the senders' side, it was received by the recipient -- especially during business hours. Depositions will further pose questions to prove this. Ultimately, it has no real relevance to the thread and was just part of the timeline, but serves to point out once again, you are wrong. "Then you intentionally called them to bait them into further violations." WRONG. I called them to find out why they sent me this second letter because I still hadn't received any of the requested information in response to the first one. Their response to my call is their responsibility. "When you intentionally under take actions that are meant to bait a collection agency into violating the law in the hopes that they pay you money not to protect your rights it isn't a scam it is just disgusting and should be illegal." Wow. You sound like a real debt collector/banking advocate. Maybe you should take a look at the disgusting, predatory business practices these companies have levied against the American people for decades. Or, maybe you're on someones' payroll? The laws are written this way to protect the unsophisticated consumer, but only sophisticated people are capable of enforcing them, and if its common practice for a company like the one in question, they should be punished. Who said anything about doing it to collect money? You know what they say about people who assume! "What you and ilk like you don't consider is that filing a frivolous lawsuit based on your veiled attempts at forcing a violation to simply get money not to protect your rights erodes the rights of consumers who were violated. Enough claims like yours will lead lawmakers to water down the laws in order to stop them. We have seen it from a former member who like you thought it was a game and was all over forums bragging about it. Their site no longer exists and at least 2 years before it shut down their "hero" disappeared from public commentary after he lost his case in Federal court and got slapped with the other side's fees and costs to the tune of almost $60k. Worse he set a precedent showing there are consumers like you perverting the law for profit not to protect consumer rights." >> You couldn't be more off -base or irrational. Way to waste a bunch of time building an argument around fallacious assumptions. Obviously, you don't understand the definition of "frivolous". Multiple, documented attempts to request validation of a debt, and multiple documented failures to continue attempting to collect while overshadowing a consumers' rights wouldn't be considered frivolous. I'll report back after I win. More importantly: imagine if they just followed the law, and after receiving a dispute, stopped attempting to collect on alleged debts until they validated? Imagine if they actually behaved responsibly, and made proper notations on an account, such that if a consumer called in to ask about second letter, they just followed the law and didn't try and pressure them into paying an un-validated alleged debt? What you should consider disgusting is their continued aversion toward the law and consumer rights simply because they can afford to pay out lawsuits on violations due to the fact that they make more revenue violating the law then they do getting called out for it. THAT'S WHAT'S DISGUSTING. AND SO IS YOUR SHAMEFUL ATTEMPT TO DEFEND PREDATORY PRACTICES.
  22. Please define the above. How do you know they will ignore it? Was your letter sent within 30 days after receiving that initial notice?i
  23. By your own admission when you sent the certified letter it crossed with their second letter. They had no way of knowing the certified letter was en route when then mailed theirs. That gives them a bona-fide error defense. YOU are not an unsophisticated consumer. By your own admission you used a third party service to fax the response HOPING they would ignore it and you have no proof they received it. So they can claim it was never sent. Then you intentionally called them to bait them into further violations. When you intentionally under take actions that are meant to bait a collection agency into violating the law in the hopes that they pay you money not to protect your rights it isn't a scam it is just disgusting and should be illegal. What you and ilk like you don't consider is that filing a frivolous lawsuit based on your veiled attempts at forcing a violation to simply get money not to protect your rights erodes the rights of consumers who were violated. Enough claims like yours will lead lawmakers to water down the laws in order to stop them. We have seen it from a former member who like you thought it was a game and was all over forums bragging about it. Their site no longer exists and at least 2 years before it shut down their "hero" disappeared from public commentary after he lost his case in Federal court and got slapped with the other side's fees and costs to the tune of almost $60k. Worse he set a precedent showing there are consumers like you perverting the law for profit not to protect consumer rights.
  24. I believe the laws were crafted to provide statutory damages when violated. A violation is a violation. The scenarios you describe don't fall under "statutory damages". Those would be physical, emotional, or job-related damages, which the provisions provide for *in addition* to statutory damages. Of course, case law supports the claim. You're really speaking to the spirit of the law with what you say -- which really doesn't exist these days in any industry or scenario. The FDCPA and any state laws modeled after it aren't designed exclusively for the scenarios you described and handle simple failures to validate before continuing collection activity or calling past certain hours of the day. The ones you've described are the most egregious and extreme, and usually result in 5-figure settlements. Attempting to collect a debt without validating it is a violation. Plenty of collections attorneys take these cases and win. Nor is it a slap in the face to people who have endured more extreme scenarios. We're all in the same boat. Some people get it worse then others, and they have stronger cases that yield higher settlements. Some states even provide for $1,000 per violation. If they choose not to validate after receiving a dispute, and continue to collect, that's misleading and overshadowing to an unsophisticated consumer. It's my right under the law to have the debt validated before further collection activity transpires. By definition, they've violated my rights as provided by law. Your logic seems a bit flawed to suggest that I am somehow "slapping in the face" people who have been violated much harder. The spirit of the forum has changed a lot in the last 10 years. Nowadays it seems like a few older members beating up on newbies and trying to dissuade anyone who doesn't have a no-brainer slam-dunk case to give up or give-in. I hear from some old members all the good progress is made back-channeling and not in the actual forum these days because of it. I imagine someone bought the website from the original owner a while back and use it for other purposes now based on what I'm seeing. I just read another thread on method of verification where you were quite rude and mean to some guy simply because he was overly-verbose and excessive in his writings to the credit bureaus in requesting the method of verification for an account, a person clearly under stress and needing guidance, not to be made to feel shame or inadequate. Really sad to see.
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