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  1. Well I got served on the 8th of Feb by Wakefield and Associates for an alleged Checking Account that was overdrafted. The sum is 993.69. I am in Nebraska and I believe the SOL is 4 years. They show in one of the exhibits the account and a LC/LP of 01/19/11. I'm not sure what LC/LP means but 2011 would make this over 5 years old... Should I file a motion to dismiss or answer the complaint denying the allegations?
  2. Actually you're right, I thought I had checked into that before and I must have. So, guess that doesn't help.
  3. I just called and the case was filed June of 2014. Approx 6 months after the SOL.
  4. I submitted the following in Nov, 2014 to the courts and didn't hear anything back until today. Complaint number #: CIXXXXXXX Portfolio Recovery Associates LLC Assignee of FIA Card Services, N.A. (Bank Of America) Plaintiff, vs. XXXXXXXX Defendant. Defendant's Answer to Complaint Allegation 1: DENY. This request calls for admission of matter defendant has denied and thus it is improper. Allegation 2: Admit Allegation 3: ADMIT in part. I did have an account with Bank of America. DENY in part, I have been presented no evidence that the account I had with Bank of America is the same account as the debt alleged in this complaint. Allegation 4: DENY. This request calls for admission of matter defendant has denied and thus it is improper. Allegation 5: DENY. This request calls for admission of matter defendant has denied and thus it is improper. Allegation 6: DENY. This request calls for admission of matter defendant has denied and thus it is improper. Allegation 7: Admit AS AND FOR AFFIRMATIVE DEFENSES 1. Plaintiff fails to state a cause of action against the defendant. 2. Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action. 3. The court would unjustly enrich the plaintiff by granting the relief sought herein. 4. The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorney's fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt. WHEREFORE, the defendant asks the Court for judgment: a. dismissing the complaint herein with prejudice. I received several documents today. One is a date for a Summary Judgement in August. Now, I should have noticed this before, but the BOA account that this stemmed from had it's last payment made 12/2010. After looking things up it appears a revolving account only has a 4 year statue in Nebraska. Suggestions?
  5. Thanks, yes that's what I've read. I'm not sure as though I've ever "received" anything from them due to the change in address. For now I'll just sit back and keep an eye out for a new suite to be filed.
  6. Actually since it's not filed in the county I reside, could I send a Dept Validation before they file it there?
  7. I have 5 Collection Agencies on my credit report. Should I just send out a dept validation letter to each one to get things rolling?
  8. That's what I was leaning towards as well. I'm not real prepared to speak with an attorney regarding the matter, as I don't know enough to not get myself into trouble.
  9. I just called Scotts Bluff County Sheriff's Dept. They said that they sent "it" back to Robert Busch since I didn't live in or around the area anymore. They gave me Robert Busch's contact information and that's all the more they assisted me in the matter.
  10. Scotts Bluff County is on the other side of the state, almost 7 hours away from here. How would I go about getting it transferred?
  11. Hah, you where right. It's a different company. Continued at: http://www.creditinfocenter.com/community/topic/322166-liberty-acquisitions-servicing-v-jt7/
  12. 1. Who is the named plaintiff in the suit? Liberty Acquisitions Servicing LLCPO Box 17210Golden, CO 80402 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Robert Busch P.O. Box 17090Golden, CO877-328-6180 3. How much are you being sued for? Unknown 4. Who is the original creditor? (if not the Plaintiff) Unknown 5. How do you know you are being sued? (You were served, right?) Deputy Sheriff attempted to serve me at previous address where family still resides. Searched Nebraska court cases and found it. 6. How were you served? (Mail, In person, Notice on door) Have not been served thus far. 7. Was the service legal as required by your state? No. (An individual party, other than a person under the age of fourteen years, may be served by personal, residence, or certified mail service.) Process Service Requirements by State - Summons Complaint 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? Nebraska, Douglas County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure who/what the alleged account is. 11. What is the SOL on the debt? To find out: 4 years. Statute of Limitations on Debts 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 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. No. 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? Unknown. ----- I would like some direction on what I should do at this point? I would like to prepare myself for if/when I do get served so I have a jump on them and have any initial paperwork already prepared. I want to go to the bloody end with these JDB companies.
  13. Thanks, I was trying to find that actually as I had seen others use the outline. I have edited my post and included it.
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