Amhhw

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About Amhhw

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  1. @bmc100 for the rest of the answers should I just say lack of knowledge
  2. @bmc100 The walmart credit card summary seems to be from Walmart
  3. @bmc100 The account summary is like a table with two columns. no name is at the top. acctnum XXXX mrk_fn my first name mkr_ln my last name cmpny_name mkr_taxid XXXX mkr_ad1 my address mkr_ad2 mkr _ad3 mrk_city Grand Rapids Mkr_st MI MKR_ZIP 49508 MKR_HP MKR_WP MKR_BARDATE 0 MKR_BKCHAP MRK_CASENUM MRK_DISCHDTE 0 MKR_BKMEETDTE 0 ECOA 1 OPENDATE 20110901 CHGOFF_DATE 20130120 RMSLASTPMT 20120613 LASTPMTAMT 35 BRANCH C77W DOFD 20120720 CHGOFFCODE UNPY LOSSAMT 887.23 CURBAL 887.23 RMSFILENUM 69079311 ACCTSTS SF5 STSDESC SALES-FINAL-PRIMARY RANDOM SALE JDGDATE 0 OFF_CODE WAL083 OFF_DESC WALMART CREDIT CARD BCLE 0181 BCLE_DESC RETAIL BANK BUYERCODE PR1S INT_RATE 22.9 NET_COSTS 0 NET_INTEREST 242.60 NET_PRINCIPAL 644.63 PRINC_LOSS 644.63 ASSOC_COST 0 ACCRD_INT 242.60 LASTPURCHDT 20120515 CMKR_FN CMKR_LN CMKR_TAXID CMKR_ADDR1 CMKR_ADDR2 CMKR_CITY CMKR_STATE CMKR_ZIP CMKR_LIABLE MKR_DOB 19xx
  4. @bmc100 all three of the bill of sales say PRA PLCC Fresh-February 2013 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow receivable purchase agreement (the Agreement), dated as the 13th day of December 2012 by and between General Electric Capital Rfs Holding , LLC and Gem Holding, LLC ( collectively Seller) and portfolio Recovery Associates LLC ( buyer), Seller hereby transfers, sells, conveys, grants, and delievers to buyer, its successprs and assigns without recourse except as set forth in agreement, to the extent of its ownership, the receivables as set forht in the notificatiom files ( as defined in the argeement), delievered by seller to buyer on february 19, 2013, and as futher described in the agreement.
  5. @bmc100 Affidavit I, the undersigned _________________________, Custodian of records, for portfolio recovery associates, llc hereby depose, affirm and state as follows: 1. i am competent to testify to the matters contained herein 2. I am an authorized employee of Portfolio Recovery Associates, llc, ( Account Assignee) which is doing business at Riverside Commerce Center, 120 Corporate Boulevard Norfolk, Virginia, and I am authorized to make the statements, representations and averments herein, and do so based upon a review of the business records of the original creditor GE CAPITAL RETAIL BANK/WALMART and those records transferred to Account Assignee from GE CAPITAL RETAIL BANK (Account Seller) which have become a part of and have integrated into Account Assignee's business record, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by Account Seller on 2/19/2013. Further, the Account Assignee has been assigned all of the Account Selleer's power and authority to do and perform all acts necessary for settlement, satisfaction, compromise, collection or adjustment of said said account, and the account seller has retained no further interest in said account or proceeds thereof, for any purpose whatsoever. 4 According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the account assignee, there was due and payable from DEFENDANT'S NAME ( DEBTOR AND CO-DEBTOR) to the Account Seller the sum of $887.23 with the respect to account ending in xxxx as of the date of 1/20/2013 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the sale. 5. According to the account records of said Account Assignee, after all known payments counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum $887.23 as due and owing as of the date of this affidavit. 6. Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the Defendant is not on active military service of the United States. Portfolio Recovert Associates LLC _____________________________ By:___________________________ Custodian records Subscribed and sworn to (or affirmed) before me on 1/29/2015 by ________________________, proved to me on the basis of satisfactory evidence to be the person who appeared before me. ____________________________________ Notary public
  6. @bmc100 Can i upload the bills of sales on here or send them to you? none of them have my personal info on them.
  7. @bmc100 Have 3 bill of sales from GE Capital. ( can email them to you if you want) No I do not remember any written correspondences. ( I do remember seeing portfolio name on my caller ID, but we never talked.) Yes I did around 2012. No they did not. I received the summons on 4/7/15 i have 21 days. Summons was issued on 3/10/15 an expires 6/9/15
  8. @bmc100 I really dont know how to respond to this summon because it is not the normally format. if you could give me any advice i would appreciate it
  9. @bmc100 Jurisdiction 1.That Plaintiff is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. 2.That pursuant to MCR 2.113©(2), there is no other pending or resolved civil action arising out of the transactions or occurrences alleged in this complaint. 3.That plaintiff is doing business in the city of Norfolk VA 23502 4.That upon information and belief, Defendant is domiciled in the city 5.That the amount in controversy $887.23. Count 1 BREACH OF CONTRACT 6. that plaintiff incorporates by refence paragraphs 1-5 7.that on or about September 1, 2011, Defendant entered into a contract with plaintiff assignor, GE CAPITAL RETAIL BANK, for goods sold and delivered and/or services rendered on open account, Account Numbers: 8. That a copy of the contract is attached or alternatively, the contract is in the possession of Defendant pursuant to MCR 2.11(F)(1)( ( SEE ATTACHED EXHIBITS). 9. That the contract was entered into for valid consideration and lawfil and proper purposes and is legally enforceable in all respects. 10. That plaintiff has performed all of its obligation and fulfilled all of its condition precedent under the terms of the contract. 11. That Defendant has, without excused, defaulted upon and materially breached the contract. 12. That as a result of Defendant's breach, plaintiff has suffered damages in the sum $887.23( see attached exhibits). WHEREFORE, plaintiff prays that judgment be entered in its favor and against Defendant in the amount of $887.23. Count 2 13. That Plainiff incorporates by reference paragraphs 1 through 12. 14. That Plaintiff and defendant have consented to a sum as the credit balance due from one another on the account. 15. That Defendant has received periodic billing statement from Plaintiff to which Defendant has made payments towards and/or has not validly objected to. 16. That Defendant's payment and/or failure to successfully question the state of the account within a reasonable amount of time constitutes an admission of correctness. 17. That Defendant has been given all set-offs, credits and/or allowances on the account and is indebted to plaintiff in the amount of $887.23. ( see attched exhibits) 18. That a statement of the account and a affidavit verifying the account are attached to this complaint and incorported by refernce9 see attached exhibits). WHEREFORE, plaintiff prays that judgment be entered in its favor against defendant in the amount of $887.23. COUNT 3 19. That plaintiff incorporates by reference paragraphs 1 through 18. 20. That, alternatively, Defendant has received a benefit from plaintiff in the amount of $887.23. 21. That Defendant has been unjustly enriched at the expense of plaintiff. 22. That defendant is required to make restitution to plaintiff. 23. That it is inequitable for defendant to retaint the benefit. WHEREFORE, plaintiff prays that judgment be entered in its favor and against defendant in the amount of 887.23. respectfully submitted
  10. @bmc100 So I was served 4/6/15 a new lawsuit. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates,LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) wEBER & Olcese, PLC 3. How much are you being sued for? $887.23 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank 5. How do you know you are being sued? (You were served, right?) Summon by process server 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing 9. What state and county do you live in? Kent County, MI 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I have no idea 11. What is the SOL on the debt? 6 years in Michigan 12. What is the status of your case? Suit served? Motions filed? Pending 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? No 15. How long do you have to respond to the suit? 18 days left 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.Three Bill of Sales, a account report?, walmart credit credit summary and a affifavit
  11. @bmc100 I recieved a letter from INDEBTEDNESS LETTER from the lawyers office stating I have a outstanding balance of $824.40. if you have any questions please contact their office.
  12. @bmc100 Thanks. this is my second thread the other one i posted first. I returned my answer yesterday, and i am still waiting to be served the other summons. Hopefully the serve me and dont lie i read Portfolio sometimes lies and says they served and dont and then a default happens. I serious can afford any type of garnishment on my check.