tonytouch311

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About tonytouch311

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  1. Would you happen to know what I should expect on my first day at court? If there is any paperwork I may need, legal jargon I should know? When/how should I file any motions?
  2. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked about this account they told me they cant discuss it and to contact the law firm (Forster and Garbus). I called the law firm to request information, they asked for my name and I gave it to them. They said they had no info under my name. I gave the the account number instead and they located an account with a name similar to mine but the spelling off. For example, if my name were John Doe, this account was for John Dop. I never once agreed to pay anything or acknowledged myself as John Dop. Furious with the person I spoke with I ran to this site and began searching for help. This is how i began: 1/25/13: -Started disputes with all three credit bureaus on all negative marks - Sent DV's to Midland Funding and Forster and Garbus CMRR: "I have just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. I was not aware of this debt until now and under my right under the FDCPA, I request you validate this debt" 2/25/13 -Sent another letter: "This letter is a follow up for the previous debt validation request. I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private private contractual arbitration via JAMS to resolve any disputes between us. Pursuant to the terms of the agreement, I am requesting the advance of the arbitration filing fee. All phone calls are inconvenient, so any further communication must be my mail" 5/22/13- Received response from Forster and Garbus, included was ONE statement, NO signature and a Balance due of $1090.51: "BALANCE DUE: 1090.51. In response to your request here are billing statements" **Something to consider? Statement Balance from 2010 was 1058.17 7/23/13-Served. -Two things stand out to me in the complaint: "3. There remains an agreed balance on said account of 1058.79 due and owing on plaintiff's cause of action. No part of said sum has been paid although duly demanded" **Something to consider? Balance different than two previous balances stated "5. Plaintiff, as owner, is authorized to proceed with this action" **By answering to the complaint, do I acknowledge debt? 7/30/13- Answered the complaint with, I believe the term was, General Answer?(Didn't write anything down). I did sign and acknowledge myself as "JOHN DOE being sued as JOHN DOP", as that is what the clerk told me to do. I told her JOHN DOP is not me and that is what I should write. 8/7/13-Received letter from Forster and Garbus thanking me for responding to the complaint and would like to settle. I did not contact them. But at the bottom of said letter was a battle to be paid of $1,252.09 ****Different than all three previously stated balances. I just received my court date last week and I am so nervous. Do I file any motions now or do I wait for the first court date? Why is it that we are in a civil case even though I had requested JAMS from the beginning. I had printed out a credit card agreement. Why are there so many different balances owed? At this point I'm not sure where to begin. Btw, my court case is in Suffolk County NY and I moved to Nassau County just recently.
  3. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked about this account they told me they cant discuss it and to contact the law firm (Forster and Garbus). I called the law firm to request information, they asked for my name and I gave it to them. They said they had no info under my name. I gave the the account number instead and they located an account with a name similar to mine but the spelling off. For example, if my name were John Doe, this account was for John Dop. I never once agreed to pay anything or acknowledged myself as John Dop. Furious with the person I spoke with I ran to this site and began searching for help. This is how i began: 1/25/13: -Started disputes with all three credit bureaus on all negative marks - Sent DV's to Midland Funding and Forster and Garbus CMRR: "I have just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. I was not aware of this debt until now and under my right under the FDCPA, I request you validate this debt" 2/25/13 -Sent another letter: "This letter is a follow up for the previous debt validation request. I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private private contractual arbitration via JAMS to resolve any disputes between us. Pursuant to the terms of the agreement, I am requesting the advance of the arbitration filing fee. All phone calls are inconvenient, so any further communication must be my mail" 5/22/13- Received response from Forster and Garbus, included was ONE statement, NO signature and a Balance due of $1090.51: "BALANCE DUE: 1090.51. In response to your request here are billing statements" **Something to consider? Statement Balance from 2010 was 1058.17 7/23/13-Served. -Two things stand out to me in the complaint: "3. There remains an agreed balance on said account of 1058.79 due and owing on plaintiff's cause of action. No part of said sum has been paid although duly demanded" **Something to consider? Balance different than two previous balances stated "5. Plaintiff, as owner, is authorized to proceed with this action" **By answering to the complaint, do I acknowledge debt? 7/30/13- Answered the complaint with, I believe the term was, General Answer?(Didn't write anything down). I did sign and acknowledge myself as "JOHN DOE being sued as JOHN DOP", as that is what the clerk told me to do. I told her JOHN DOP is not me and that is what I should write. 8/7/13-Received letter from Forster and Garbus thanking me for responding to the complaint and would like to settle. I did not contact them. But at the bottom of said letter was a battle to be paid of $1,252.09 ****Different than all three previously stated balances. I just received my court date last week and I am so nervous. Do I file any motions now or do I wait for the first court date? Why is it that we are in a civil case even though I had requested JAMS from the beginning. I had printed out a credit card agreement. Why are there so many different balances owed? At this point I'm not sure where to begin. Btw, my court case is in Suffolk County NY and I moved to Nassau County just recently.
  4. Questioning if this is a violation: As per my credit report as of January 2013, my Oc reported a charged off debt of 1058.79 Midland is reporting a debt of 1059. After requesting a dv from the law firm, they wrote on there letterhead balance due "1090.51" but sent one statement from the Oc reporting 1058.79 owed. § 807. False or misleading representations [15 USC 1692e] ??? § 808. Unfair practices [15 USC 1692f] ???
  5. RACECAR- Thanks for the info and pointing me in the right direction. I will be doing a lot of studying tonite. 1STSTEP- Thanks for your insight, although, would you mind explaining the reason behind your statement?
  6. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Forster & Garbus 3. How much are you being sued for? $1058.79 4. Who is the original creditor? (if not the Plaintiff) Citibank South Dakota 5. How do you know you are being sued? (You were served, right?) Served with summons 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes (as far as I know, not sure) 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Sent two letters, DV and DV with elction of JAMS 9. What state and county do you live in? Ny, Suffolk county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Opened 5/2009. No Payments made 11. What is the SOL on the debt? 6 years 12. 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). Online there is no status, although I will call the clerk tomorrow. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Just the collection agency and law firm 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now -it's too late. I did, via Registered Return Receipt. 15. 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. The "charges" are for money owed that Midland Claims to have purchased from the OC 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing
  7. So I was just served at my door by Forster and Garbus via Midland Funding LLC A/P/O Citibank South Dakota. They are suing me (name mispelled) in the amount of $1058.79. I initially received a letter from them in January, which i responded with a debt validation letter. Approx. 30 days later with no response, I sent another letter not only requesting DV but also electing to go through JAMS arbitration. Three months later in May I received there response with a copy of one statement. The summons is quite intimidating and I'm worried about this paragraph: "Upon your failure to answer, judgment will be take against you for the relief demanded in the complain, together with the disbursements of this action. Dated the 1 Day of July, 2013." Not sure where to go next or why they haven't responded to my request for arbitration. Have I missed my court appearance and now have a judgement against me?