lillie

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About lillie

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    Texas
  1. We heard back from Jerry's office and they will take the case. I was about 80% confident in my ability to follow @texasrocker's directives and get it done, but I must say, I am relieved to have Jerry on it; It has taken a huge weight off my shoulders. I may even be able to get a good nights sleep tonight. His legal assistant said they are very familiar with these people and encouraged me to relax. HA. Thank you all for your encouragement and help, this forum is such a great resource. I'll let you all know how it goes. Hopefully it will progress quickly.
  2. I'll be happy to use it and I appreciate the help! I just wanted to make sure that even though the SOL isn't up and they're not seeking interest, that it was still relevant to use in this case. I assumed at some point I would be in a courtroom with these people and they would be throwing lots of big words their fancy law books taught them telling me that the SOL isn't a defense to this case and I'd be at a total loss.
  3. There are multiple links I clicked on here and got a 404 error... is there a more up to date location of some of this stuff?
  4. Thank you! I have just a few questions in re to "Defendant asserts that the claims are barred by the applicable statute of limitations.Defendant asserts that the interest rates charged by the original creditor are usurious" I don't tink this particular suit is barred by the SOL since the account was opened in 2014, closed in 2015. Also, it specifically states on their Original Petition that they are seeking actual damages and NO interest. Now, I obviously don't know what the $1977.18 is made up of, but I'm just wondering if these two defenses are the most applicable. I am not at all intending to question your knowledge, I just want to make sure I understand what I am filing. If I have to stand before a court and defend this, I should probably know what I'm saying.
  5. Clydesmom-put in a call and was told I am in a county they don't cover. I assume I was talking with a paralegal/secretary who took the case info and told her he was served yesterday. She said "they would discuss it and get back with me" I literally feel sick over this. I have been reading this forum all day and it is just so much info and with a deadline to answer of 14 days, well, now 13, I feel like I'm climbing Everest with no gear.
  6. I'm working on cleaning up my husband's credit and he has several things one of which is a paid charge off. The DATE OPENED: April 17, 2010, but it shows LAST UPDATED: Sep 30, 2016. I am currently sending a dispute letter to remove 3 authorized user accounts from his CR and I am wondering if I should or even could try and get this paid charge off removed? It's pretty old, but I am wondering if dispute it, would it automatically get verified because it was a paid charge off or reset any fall off dates because I inquire about it? Should I just let it sit until April 2017? Thanks
  7. Hi All, I have unfortunately had to spend almost all of my last 24hrs scouring this forum because yesterday my hubby was served for a suit from Midland Financial from an old debt and trying to figure out how to get through that mess. So, I decided to pull our credit and see what we were looking at and start fixing some things. better late than never, right?! On his account he has 4 accounts that he is listed as an authorized user, they are not in good standing. I am trying to understand my steps: do I send the CRA's and/or the collection agencies all letters stating that this account is not his? Is this the same thing as having them validate the debt and are there any specific form letters I need to use? I understand that I should mail these CMRRR. Edited to ask: Should I send in all 4 account disputes to all three agencies at once or just send 1 at a time? During my research, I saw a thread from '07 that said that authorized user accounts wouldn't have an effect on scores. Is this true and if I have them removed will it at least help increase his scores some? Thanks!
  8. Hi Clydesmom! Dallas is about 4.5 hrs from me. If I get an attorney, I would need to get one local to me. However, I am hoping that someone here can guide me through this. I've seen some great info on here, usually from other states though. Edited to add: this is the first time I've heard from these people. I just figured it wouldn't hurt to request a debt validation after I sent the answer in or maybe before? I was reading another post (against midland) where they filed a C&D along with request to validate debt right at the beginning. But, they were in a different state Thank you for the info!
  9. Today my husband was served by a process server at our home. We were handed papers from Midland Funding LLC whose attorneys are Scott & Associates out of Carrollton, TX. The case is filed with the JP's court in Grimes county. The Citation was issued and signed Sept. 27th, but we were just served today and I understand I have 14 days to answer the citation, but I have 0 idea what to say and have a few questions. I would really appreciate some guidance. The citation states: "The nature of the plaintiff's demand being in substance as follows: $1,977.18 plus court costs $41.00, attorney fees $_____and interest $__ for a total of $2,018.18." Followed by the "Notice to Defendant" that talks about the right to get an attorney and the days to file an answer. Attached to the citation is one page, the "Original Petition" "Justice Court Debt Collection Case" The "case style " is listed as Midland Funding LLC, Plaintiff v. my husband's name. The details about the plaintiff's claim list Citibank, N.A as the original Creditor Best Buy as the Account/Card Name the account was opened Feb. 13, 2014, Closed June 3, 2015. "Plaintiff's claim is for Account Stated and/or Open Account. The claim arises from a credit account entered into by the defendant(s) with Citibank, N.A, The account is in default and the plaintiff sues herein for actual damages, cost of court." Damages: 1,977.18 The plaintiffs claim has been assigned, Acquired from Citibank, N.A, Date of Aquisition 11/12/2015 Plaintiff or Plaintiff's Attorney: Scott & Associates (and their address and #) Ongoing Interest: box N/A checked Plaintiff does not seek attorney fees is checked. That's all there is. Now, first of all, I will have to do all of the paperwork and dealing with all of this because my husband works out of town and is gone often. I was originally thinking that I would call Scott & Associates and ask them if they could send me over proof of the debt or contract or something because short of it saying it is Best Buy and this amount they are claiming he owes, I have no other info. I can't verify the purchases, I can't tell you if a payment was ever made. But, I guess at this stage of the game, it's too late to call them and ask them for info? Can this be dropped before having to go to court or do I just need to accept that this WILL go to court? Can someone tell me what exactly my next step should be? What should I say specifically in my answer? I'm not sure if I should enter a General Denial or state that I don't have enough info to make a judgment on the validity of the debt. Thanks in advance for any help!