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dingsec

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dingsec last won the day on November 25 2018

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  1. Fair points Goody and that's why I posted my experience to expose the dangers of getting the case in front of the judge. Personally I got into credit card trouble once before about 15 years also after a layoff. The amount was more back then and all I did was answer a suit and their lawyer was a no show. Combine that with countless websites still telling you there's a decent shot at winning, I didn't really think arbitration was necessary on my realitively low amount. It's a lesson learned for me. One that I hope I'll never have to use but I did want to get my story out there for other people.
  2. I'll admit upfront, I could have done things a little better and maybe been a little quicker on my feet in court. But I doubt things would have turned out better. I type this as a warning to those who want to try and fight themselves. I'm sure it's possible to win, but it's not like it used to be. I'm in Kansas. I was sued by a junk debt buyer for $1200 in December of 2017. I didn't have the money to hire a lawyer and given the relatively low amount of the debt, I didn't really think going the arbitration route would be necessary. I won't get into all the details, but I answered the lawsuit appropriately. Eventually discovery started, I sent off all mine and answered all of theirs in a way that didn't admit anything and give them any ammunition for court. The plaintiff only answered my request for admissions with a general denial. I did not get anything else back from them. Eventually August 2018 rolled around and I had my first pretrial conference which was. During the conference the attorney met me in the hall and he half heartedly tried to cut a deal with me that wasn't very good. We didn't agree to anything and he asked the judge for a continuance and the judge set a another pretrial conference out until Nov 18 ordering that the plaintiff send me statements and the assignment of the debt. Between the conferences I did receive the statements and the assignment of the debt but none of my other discovery. So last week I had my second pretrial conference. I went in a bit cocky thinking I was going to bring up the lack of discovery and at least buy more time. Nope... I got steamrolled. The plaintiff barely said two words while the judge bullied me into admitting the debt was mine. The plaintiff told the judge he sent over statements and the assignment and the judge dug into me. I told him I had no knowledge of the debt, which annoyed the judge. We went back and forth and eventually what it came down to was the judge demanding to know if the statements sent had any payments made on them. They clearly had some payments made, so I told him they did. He then wanted to know about my bank account. At first I told him I didn't know anything about the bank and whether it was mine. The judge snapped that this wasn't a criminal trial, I didn't have a right against self incrimination and demanded to know again the bank account was mine. At this point I was unprepared for any of this and admitted that it was my bank account. He then wanted to know if the amount on the claim against me was accurate. That's when the other lawyer piped up and said that the last statement was the same amount as the amount they were sueing me far. Right then and there. No factual disputes on the case. Judgement for the plaintiff . Could I have done things better? Of course. The biggest thing I would have done differently would be file a motion to compel discovery between pretrials. But I never did because during the first pretrial I watched all the lawyers come in and out on cases up before me. They would bring up potential issues they were having and the judge would simply tell them to "file a motion" and set the matter to later date. So my incorrect assumption was that I would be able to do the same thing at the second pretrial, bring the issue to the judges attention and then file the motion when he told me to. But it didn't get that far. The other big thing is, I was completely unprepared for the second pretrial. I watched the lawyers twice and went in reasonably confident that the outcome would have been me bringing up issues with discovery and getting another pretrial or at least actual trial date. For example I was unprepared to attack the authenticity of the documents sent to me. I could have, perhaps, brought up that there was no affidavits of anyone with personal knowledge to go along with the statements. I doubt the judge would have found that compelling but it would have given me a shot to shut down that whole line of questioning from the judge himself. The reason I type this is because when you search online there are tons of websites that will you just answering the lawsuit or answering discovery will give you a decent shot of winning. Let me tell you, from my experience and reading other stuff on the board. It doesn't work like that anymore in a lot of places. 10-15 years ago it seemed like Judges were far more willing to side with defendants if plaintiffs didn't have really good paperwork or documentation. It's just not like that anymore. I urge anyone getting sued to really do their homework if they choose to fight something like this themselves. Also consider arbitration. At the end of the day I lost. But there are some bright spots. When I first got sued over a year ago, I was in a really bad financial place. I had a lot of things come up in 2017 and the Sheriff knocking on the door was pretty much rock bottom. Even making payments was out of the question. By answering the lawsuit, throwing discovery out, going to two pretrials, I dragged the whole thing out for 11 months. Today I'm not out of the hole, but I am in a better place where actually losing the case is a big annoyance, but not devastating like it would have been a year ago. Plus, they had to pay a lawyer to come to court three times.
  3. 1. Who is the named plaintiff in the suit? LVNV 2. What is the name of the law firm handling the suit? Brumbaugh & Quandal 3. How much are you being sued for? roughly $1000 4. Who is the original creditor? Credit one 5. How do you know you are being sued? Served 6. How were you served? Deputy 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? None 9. What state and county do you live in? KS, Johnson 10. When is the last time you paid on this account? 11. When did you open the account (looking to establish what card agreement may be applicable)? 12. What is the SOL on the debt? Within the alleged SOL 13. What is the status of your case? Suit served? Motions filed? Suit served. Notice of serving discovery 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? Answered the lawsuit. Received interrogatory and admissions 17. What evidence did they send with the summons? copy of a bill I am being sued by LVNV in Kansas. I answered the lawsuit with a denial. They waited four months then served me with discovery. Included in there was forms they made to fill out to answer the questions. But there isn’t much room. The admissions are just check boxes (admit/deny) and the area to respond to the interrogatories have enough room for one sentence at most. While I can work with most of that, there were some places I want to object or have just have more room. Is it acceptable to type out my responses separately and send that in? Also, I did not mention arbitration as a defense. Can I still file a motion to compel on that? Or did I wait too long/lose that chance by not raising it as a defense?
  4. There is an arbitration agreement. It is gamestop, comenity bank. My understanding of the agreement is that it's pretty favorable to me. I can initiate arbitration at any time, even if a lawsuit is filed. The choice of arbitrator is by mutual agreement (AAA and JAMS are specifically mentioned). I appreciate your advice thus far. Since we are getting off topic a bit. I am going to include the questions that normally accompany lawsuit questions. I also also edit my initial post to include them. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Brumbaugh & Quandahl 3. How much are you being sued for? Between 500-700 4. Who is the original creditor? (if not the Plaintiff) Comenity / Gamestop. 5. How do you know you are being sued? (You were served, right?) I saw it on the the county court website (I check regularly because I am going through something else with the court and saw it pop up). I have not been served yet and I am unsure if I will be served. The lawsuit lists an old address. I still live in the jurisdiction of the lawsuit. The paperwork was assigned to the Sheriff's office to serve. I am unsure how much effort they will put into attempting to track me down to my correct address. So I may not get served, but I am planning on it eventually. 6. How were you served? (Mail, In person, Notice on door) N/A 7. Was the service legal as required by your state? N/A 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? Johnson County KS 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? 2013ish 12. What is the SOL on the debt? 5 years 13. 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). Suit filed, petition issued to Sheriff's office 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? April 26th 2018 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Not sure yet
  5. It's a jdb, Midland Funding. They are sueing for under $700
  6. Hi everyone. My story is the same as many other people. Ran into some bad luck last year, things got out of hand and a couple credit cards went unpaid. Well, now I am being sued. Here's the thing though, they filed two lawsuits against me, days apart for the exact same debt in the same court. I looked over them and it's definitely the same card, debt, ect. The paperwork is even identical except for the case number and file stamps. There are definitely two different lawsuits. I thought maybe it was a screw up with the court. But the case numbers are different, as are the filing stamp dates. Maybe it's either an accident on the law firms end. I also feel like they possibly did this on purpose, hoping I'd only answer one. I tried researching it to see if there are any laws or case law against this. But I couldn't find anything that really matched my specific case. Most google results are about case submitted years apart. I've been through this before, so I have an ok handle on how to answer the summons and what to do on that end. But I'm wondering if there is something else I should be doing. This just doesn't seem right to me. I'm in Kansas. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Brumbaugh & Quandahl 3. How much are you being sued for? Between 500-700 4. Who is the original creditor? (if not the Plaintiff) Comenity / Gamestop. 5. How do you know you are being sued? (You were served, right?) I saw it on the the county court website (I check regularly because I am going through something else with the court and saw it pop up). I have not been served yet and I am unsure if I will be served. The lawsuit lists an old address. I still live in the jurisdiction of the lawsuit. The paperwork was assigned to the Sheriff's office to serve. I am unsure how much effort they will put into attempting to track me down to my correct address. So I may not get served, but I am planning on it eventually. 6. How were you served? (Mail, In person, Notice on door) N/A 7. Was the service legal as required by your state? N/A 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? Johnson County KS 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? 2013ish 12. What is the SOL on the debt? 5 years 13. 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). Suit filed, petition issued to Sheriff's office 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? April 26th 2018 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Not sure yet
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