momofaharem

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About momofaharem

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  1. In July 2014 I received a notice from PRA that they bought a debt from Wells Fargo that was originally Wachovia that was supposedly my debt. I sent a certified letter asking them to answer questions I had about the debt including why they think I owed the debt, what the amount was specifically, age of the debt, details about their authority to collect the debt, etc. They answer in Aug 2014 with basic info showing date of sale, amount of debt and all the things that didn't prove the debt was mine (of course). I sent the questions again stating that they didn't prove that debt was mine and got another letter back stating that they considered the matter closed because they already answered the questions. In Nov 2014 I received a settlement option letter in snail mail. I didn't respond to it. I have not heard from them since. Last week I received in the mail an uncertified Motion for Default stating that I didn't attend a pre-trial conference on June of 2015. I have not been personally served nor did I receive a summons in the mail. The motion had attached a return of service describing that personal service was made to a person "who refused to give name, roommate, co-resident and proceeded to describe a male who doesn't live here. I have 4 daughters and the only male at this house is my husband who doesn't fit the description AT ALL. The server said the male grabbed the paper and slammed the door and said that I was in active duty in the state of Florida. ALL LIES. This server never came to this house and has made a pretend person up. I have no problem taking summons from servers because I have beat junk debt buyers before and plus no one in the house would ever lie about me serving my country. Today I filed a motion to set aside default with the court. I would also like to file a motion to quash service since I was never served nor was was this fake person at my house. I am livid that because the server lied, I never got my day in court. Nor did I ever receive a copy of this summons in the mail. You can bet I would have been there!!!!! I have searched for a sample quash for the state of Florida but can't find one that would be the right wording for me. I need help with this. I am not sure what happens next as I am afraid they will freeze my accounts or garnish my wages. The paper I received says "Motion for Default and then half way down says "Entry of Default.' I am unsure if that means the process has started or if they actually won the default.
  2. I found that info on arbitration on this site under arbitration. I am in Florida and that is what it said for Florida.
  3. So in reading about arbitration, I see that in Florida, if you file an answer, which I did, then you waive your right to arbitration. So I guess that is not an option, unless someone has different info. So if I am receiving collection letters from other debtors (OC), should I go ahead and send my debt validation and request for arbitration? I was thinking it might be better to wait until they sell to a JDB? Would that be in my favor? Anyone?
  4. Great idea! I will look into arbitration and definitely go look at some of the cases. Thanks for answering me. I will let you know what I found.
  5. So, in that case, in seems to me that I just wait for the court date? I want to prove the point that they don't have any evidence that proves the debt is theirs to collect nor that it is my debt nor that the amount is correct. If I go ahead and file a Motion to Dismiss, on what grounds do I do that? Which is better, to file that or wait for a court date where I will ask for their evidence?
  6. I sent my answers before we went to mediation. I have not sent a motion to dismiss because I am unsure about if I can and when I would. I was under the impression that if I filed an answer then I couldn't also file a motion to dismiss. So are you saying that the lawyers threat of discovery during mediation was only that, a threat? They have no right to send discovery? Just want to be clear. Then what would my next steps be? I know they do not have the proof to back up their claims.
  7. Do I wait until CACH sends me discovery or interrogatories before I file my own? The lawyer threatened it in mediation but I haven't received anything yet. My court date is in August which is a while away but if there is something I should be doing, then I want to do it. Hoping for help with an answer!!!!
  8. I thought that I posted these answers the other day but I see they are not up. First the answers and then an update. 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Don't want to say in case they are on here looking! 3. How much are you being sued for? $3500 4. Who is the original creditor? (if not the Plaintiff) Sears MC 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? yes - and the sheriff mentioned that it was another summons from those "scumbags" - smile 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? no correspondence. The summons was our first correspondence from CACH LLC 9. What state and county do you live in? Florida - Seminole Co 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 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). Served summons. Answers files with court and hand delivered to attorneys office. Today was pre trial conference. A trial date has been set for 4 months from now. 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? Already responded, had pretrial conference and now going to await a trial. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. generic credit card agreement for Citibank since they were the last OC before CACH LLC. No signed original agreement with Sears. generic bill of sale affidavit with what is probably a robosignature since it was signed a year after the original date of purchase one CC statement with no activity except a late fee and interest charged So...today was the pretrial conference. The plantiff came right out with an offer to settle. I said there was no settlement going to happen because I deny the debt. She was VERY nervous and I could tell she was caught off guard (even though I had filed answers denying). I told her that statute 559.715 was not followed since not only did they not send me a written notice that they were assigned the debt in a reasonable time but also did not at least 30 days prior to the summons. She replied that 15 months is still reasonable time (which is how long ago CACH LLC bought it) and said it was irrelevant. I know this is not true and it is relevant. She said for me to "just wait until I get the discovery from them" and I said I don't fear that because they need to prove that this is my debt and that they legally own it and notified me of the assignment. She just kept looking between the 2 papers she had in front of her trying to figure out what to say. She was flustered the whole time. So now I am sure I will receive an interrogatory or a request for discovery at which time will will file my own. I will be back on once I see what I receive to get more help. I love this site and feel very empowered by it! My friend who is a lawyer was at the courthouse and I talked to him afterwards. He looked at all my stuff and said that now I should file for a dismissal with prejudice. So I am on it!!! Any words of wisdom for me at this point?
  9. Statute 559.715 states: Assignment of consumer debts.—This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default. I received a summons on March 22, 2014 for pretrial conference. This was the first notice I had that CACH LLC had bought a debt they allege I have. Not only did they not give notice "as soon as practical" since they bought this debt on January 22, 2013, but they did not sent anything "at least 30 days before" the summons came. I want to take this to mediation with me so I can use it to request they drop the case. I have already send my answers to the court and the plantiff. The paperwork they sent included a bill of sale and assignment and an affidavit. But from all I have read, both of those really mean nothing and would be hearsay since the account number and name is not on the bill of sale. It is on the affidavit but the person signing as having knowledge sign it in Decemeber of 2013 for a debt that was sold in January of 2013. I would love to bring her in as a witness to see if she really knows this account. Any advice as far as when I would bring up the statute that was not followed in mediation? Thanks ahead. I have had to learn a whole lot the last couple of weeks so if I am saying something wrong it is because I am on a huge learning curve. But I really think I can beat this.