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  1. They claimed that the OC assigned the debt to Portfolio Recovery. That OC and I had business transactions between me and the OC. They sent a letter of verifying the debt. Now I owe Portfolio. In the origional complaint there was only 7 credit card statements and that's it. Since then, they have filed an Affidavit, and a response to my production request with all credit card statements. This is where I am at.
  2. So, can I fill another production request for the bill of sale? Court date is july 13th. Basically all they have currently is all credit statements and the Affidavit, which I want to file a motion to strike the Affidavit. Does it sound like i have a chance? At least from my research they should have to prove more than they have, I could be wrong. Thanks again for any advice.
  3. Please produce any credit application signed by the Defendant. Please produce a copy of the executed contract in Portfolio Recovery LLC, possession setting forth the terms the Defendant is alleged to have agreed to in connection with the account at the beginning. Please produce a copy of any modifications to those terms specifically agreed to by the defendant. Please produce a copy of all statements from the beginning of time to the present. Please produce evidence of all payments received. This is what was in my production request, and all they filed was copies of my credit statements. no bill of sale as of yet.
  4. Just a quick question, I am going to file a motion to dismiss with prejudice and also a motion to strike the affidavit. My question is do I have to schedule a hearing on these motions before the court date, or will they just hear them before, or at the trial date, are these non-hearing motions? Also their response to my production request was just the credit statements with nothing else. I am feeling pretty good they have not established any chain of custody to this account. Also I included their filling to my response. Any advice would be appreciated, Thanks for help. Porfolio's Response to my response.pdf
  5. I told him to answer and tell them to stop calling and if they call again they will be in violation of the FDCPA. Thanks for the help.
  6. My Brother hasent answered yet but ill tell him to answer and tell them to stop calling him. Thanks for the help
  7. Also, in the last couple of weeks, PRA has called my Brothers house repeatably, is this a violation? My brother had nothing to do with this Account. Any Free advice would be appreciated as well. Mostly worried about the Affidavit that they submitted. I believe I could still argue against that as this is all they submitted for my motion to produce documents. No signed contract, no more statements etc etc.
  8. Also I read that in the state of Florida has a contingency clause that lawyers can get paid by the plaintiff if we win? And if that's the case does anyone know of a lawyer in Sarasota county in Florida who I can talk to?
  9. 1. Who is the named plaintiff in the suit? Portfolio Recovery Group LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hyatt & Hyatt& Landau 3. How much are you being sued for? 1457 4. Who is the original creditor? (if not the Plaintiff) Webbank, Blustem Systems 5. How do you know you are being sued? (You were served, right?) Was served on May 20th 6. How were you served? (Mail, In person, Notice on door) in person at my home 7. Was the service legal as required by your state? yes 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? they mailed two letters of debt collection. 9. What state and county do you live in? Sarasota 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) Dec, 2014 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). Set for Pre-Trial Motion 6/8/2016, I filed a motion for production request, Portfolio filed a Affidavit of personal knowledge 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) yes 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? I am assuming I don't need to file a response since it is a pretrial mediation set up. I received no questionnaire or no information about answering this only a pretrial mediation setup. 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. There was 7 credit statements and one was a duplicate, thats all that was in the Statement. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Just wondering if anyone out there can give me some advice on my case. I have been served on the 20th of May and I then filed a motion to produce evidence. At this point the Hyatt and Hyatt filed a Affidavit of personal knowledge by some Custodian of Records. How should I handle the next step. Should I file a motion to subpoena the person to have him there at pretrial or should I do that at pretrial. I am a real rookie here and desperately lost. I have read all the arguments about 3rd party debt collectors and how to fight them but some more advice would be great. Also Happy Memorial Day to all. Thanks in advance for any help.