BackFromTheDebt

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Posts posted by BackFromTheDebt


  1. 18 hours ago, timbuck2 said:
     
     

    I received a few letters from attorneys looking to represent me against a Petition/Lawsuit for a CC dept owed to Comenity Capital Bank by Second Round Sub, LLC.  These letter were sent to a private mail box (UPS store) and not my home address. I haven't received anything from the Court, nor have I been served.  I have looked up the case filed on 2/18/20 and I am being sued, but it states that as of  3/9/20 that I remain unserved. 

    My question is: do I wait until after I am served and/or receive notice from the court informing me (I'm assuming this would be sent certified mail) to file an answer/MTC with the court?

    Many thanks in advance for any help with that question.  I'm sure that I will have a few more in the upcoming weeks.

     

    Unless there is something you haven’t told us, the standard procedure is to file your response after being served.  


  2. 2 hours ago, DeliriousKitty said:
     

    I'm being sued by a JDB in a state I don't reside in. I have a virtual mailbox in that state but no residence/business premises etc.

    JDB has filed with the court a Proof of Service Substitute and an Affidavit/Declaration Mailing.

    How do I get a copy of these documents filed with the court?

    Should I file Motion to Dismiss for lack of jurisdiction or for improper service?

    I have never been sued before and am finding this a bit daunting.

    We need more information.  

    1. Is this for a credit card debt?

    2. Who is the original creditor?  Who is the JDB?

    3. What kind of court were you sued in?  Small claims? Magistrate? Circuit Court? etc.  

    4. What state do you live in, and what state were you sued in?

    5. Did you live in the other state when you took out the credit card, assuming it is a credit card?

    6. Did you list the virtual address in the other state as your address when you took out the card?

    7. Did you have bills sent to the virtual address in the other state?

     

     

    As to how you can see the records -- 

    There are several ways. 

    Court records are public in just about every place in the US.  You can drive to the court and look at the records.

    You could also call the attorney and request that they send you copies of everything,  Maybe they will, maybe they won't.


  3. 1 hour ago, CalDebt909 said:

    Thank you for chiming in, and thank you for the examples. I'm definitely going to send the FOAD letter. Will keep you all updated as to their response. 

    Well, legally there are only two responses, there would be three if the debt is within the SOL:

    1. No response at all.  This is the most common.

    2. They can contact you once to tell you what their next step is after your FOAD.  

    If the debt is within the SOL:

    3. They can sue.  

     

    Other than that, they are not permitted to contact you at all.  If you send a FOAD letter with the debt within the SOL, you are asking for a lawsuit.  Past the SOL, they cannot sue.  So any contact other than the one time telling your their next step is completely banned.  


  4. 8 minutes ago, G Man said:

    I'm typing up DV letters now. Will be certified mail and separate one for each card, the DV letter doesn't need to be fancy, I assume?

    Please don't make the DV fancy.  Back in the old days, over a decade ago, we used to send several page letters saying we wanted x,y, and z.  Most of the stuff in those letters were useless.

    The ONLY thing valuable for those letters is that one of the templates had some language for my home state (Wisconsin), which says the OP has to provide a full accounting IF I DEMAND IT.  Even that wasn't a good idea for the DV letter, since they don't have to provide that info until the court or arbitration case.  And I did beat Crap 1 due to them not properly signing off on their accounting.  

     

    Keep the DV letter short and simple.  

     

    Example:

     

    Dear Scumbags,

    I dispute this alleged debt.  Please send me validation of this debt.

    Yours,

    Your Name

     

     

    If you are worried about them calling you at work, add the line:

     

    "I am not permitted to receive phone calls of this nature at work".  

     

    If you put that in, and they call you at work, you can sue.  I did win a case once where I asked my supervisor to tell me I was not permitted to take calls from debt collectors at work.  He laughed, and told me I was not permitted.  I put that in a letter, they kept calling me, and I went on a family trip with the settlement money.  


  5. A FOAD letter doesn't have to be fancy.  

    Here are two examples.  Both of these legally preclude them from contacting you again.  Occasionally they will ignore Example 2, which gives you an opportunity to sue them:

     

    Example 1:

    Dear Evil Debt Collectors,

    Never contact me about this alleged debt again.  

    Yours, 

    Your Name

     

    Example 2:

    Dear Evil Debt Collectors,

    I refuse to pay this alleged debt.

    Etc.

    • Like 1

  6. 8 minutes ago, G Man said:

    Thanks for the advice. I did call them, just got off the phone, the rep on the phone said it was a brand new file and has not been reviewed by their attorney yet, to call back Wednesday after Noon, as she isn't able to see it until it's been reviewed. 

    Good.  Your second biggest goal at this point is to get some idea as to the time frame, so a suit won't catch you by surprise.  If the file has not yet been reviewed, that is good.

     

    Of course by far your biggest goal is for them to drop the case.  Make sure you have the Midland policy in front of you when you call them, and you can refer them to the policy on the internet if they are not familiar with it.  


  7. 36 minutes ago, CalDebt909 said:
     
     

    Thankfully found this forum on google. I have taken some time to read the forums but could not find an answer related to my questions. Perhaps I used an unrelated search phrase. Please forgive the kind of long post. I'll try to keep my questions short and concise. 

    My question is, a company named Santander Consumer USA (I assume is a third party debt collector, because their letter states original contract date is from 2012 and they are reference my original auto loan creditor sold the account) is trying to collect a charged off auto repossession loan from 2012. Their letter that I just received, states that the original creditor has sold my account to a Credit Union. Now as of March 2020 the original creditor "has transferred the servicing of my account to "Santander Consumer USA Inc."  

    The message at the end of the letter says I have 30 days to after receiving this notice that I dispute the validity of the debt or they will assume the debt is valid. 

    My questions are:

    1. Can they legally come after me for this debt that has already been discharged and has fallen off my credit report? (From researching online, California statute of limitations is 4 years from last failure to pay date)

    2. Should I respond to their letter and ask for validation? (What would be the worst possible scenario if I do?)

    3. Would it be advisable to ignore all communications from them since the debt is older than 4 years? (What implications would this have?)

    4. I'm in the process of doing a legal name change (for work related purposes), will this affect how they are or are not able to come after me?

    5. If it comes down to it, what if any are my options of going after them to take legal action against them for any violations of the law?

    From the short time I have spent reading some other posts, there seems to be some very knowledgable people on this forum. Thanks in advance to any and everyone who does respond to my post. Im at a loss about what to do next. Also if there are any other resources that anyone could point me to, I would greatly appreciate it. My hope is also that someone in my similar situation can learn from this as well. I apologize in advance if this is the the proper forum for my questions. 

    You didn’t post the redacted letter, so it is hard to tell if they violated the law.  If the letter said they won’t sue, then they are probably okay. 
     

    If this really is past the SOL, and not then trying to collect a judgment, you may safely ignore their letter.  Or, you can send a FOAD letter telling them not to contact you anymore.  


  8. 56 minutes ago, G Man said:
     

    I have two letters from a local lawyers office for collection of debt by Midland (MCM) the OC's are Synchrony Bank for 6345.00 and Citi-Bank 3401.00

    They are mine. I've been getting letters from MCM since May of 2019 and I've ignored them and their calls.

    I know arbitration is to try and settle (I've read the thread about getting them to walk away) which is what I want to do is them walk away.

    But, I can't settle I can't afford it, that's why I haven't paid them lol

    My wife has handled my financials (we mutually agreed to not pay my credit debt) because I retired from the Military and went straight into being a Realtor, it's a very difficult business to get into. Did that for 4 years and now I am selling items on ebay and amazon, as any business it takes time to actually make money.

    I can't work a normal job because my back hurts to much which is another component I'm fighting is the VA....

    I also struggle from really bad stage fright, I do not see myself in a courtroom.

    A big part of me says screw it, just put a lien or judgement on me. It took me six months to under stand the real estate contract, and I'm on here trying to read court rules for civil procedures and it just doesn't click.

     

    Since the OC is citi-bank (based on what i read here) Do i file for arbitration right away through AAA?  or not since it's owned by a JDB?   

    I also think the citi-bank is doubled what I actually owed originally. 

     

    Thank you for your help

    Arbitration is certainly a tactic to consider, but probably not your first tactic.

     

    Midland has a policy of forgiving debts for people who are unable to pay due to medical reasons.  At least one poster on this forum has had Midland back off for this reason, and possibly others.  

    Of course it would have been better to contact Midland before the account went to an attorney, but it is NOT too late.  Look up Midland's web site, and I think they have the information there.  Contact the attorney's office ASAP, preferably on Monday, and find out what forms and documentation you need to qualify.  

    Worst case scenario you buy some time.  If it looks like you need a plan B, then go to arbitration.  Folks on this forum normally are not in favor of preemptive arbitration, but filing in JAMS on a small claims Citi account is one of the exceptions to the rule, since once it gets to small claims court you have lost your chance to arbitrate.  I did that once with favorable results.  

     

    Another thing to do to buy some time is to send a DV letter before the 30 days since their first letter has passed.  That will usually buy anywhere from a week to a month of time.  In some unusual situations a DV letter can buy quite a bit of time.  One caveat -- once you send a DV letter, they cannot do any collection activities until they validate the debt, so that could throw a monkey wrench in negotiations you have over medical exemption.  For that reason, I would consider not sending in a DV letter unless things seem to be going a bit badly.  

     

    When you call them, try to work out a timeline with deadlines on each side.  This is the sort of situation where they are probably willing to wait a reasonable amount of time for you to get the information you need, and also to decide if they are going to drop the case or not.  If you can negotiate these timelines, then you know you probably (nothing is 100%) NOT be sued before a certain time.  If they reject your claim, they will still probably give you at least a little bit of time to negotiate with them.  That would buy you some time to file a preemptive arbitration for your Citi card.

     

    One thing -- it would probably be a good idea to prepare your arbitration filing for the Citi card well in advance.  That way, if they reject your claim, you can immediately file in arbitration, instead of having to prepare everything while racing them.  And if you do file, make sure to send copies of everything to Midland's attorney.  

     

    I hope this helps.  

     

     


  9. 5 hours ago, Robby8900 said:

    Sounds like a Joint Stipulation To Dismiss W/Out Prejudice with each party to bear their own cost. However, without seeing the doc don't hold me to that. 

    That was my interpretation.  
     

    It is very common for dismissal stipulations to have a clause like that.  All the ones I have agreed to had that clause; the difference being when I agreed to a dismissal it was always with prejudice.  


  10. I don't know if this applies to you father or not --

     

    From what I have read on this forum, Midland has a policy of not pursuing cases against debtors with severe financial issues.  If your father is facing dire financial straights due to medical issues, then Midland might be persuaded to drop the case against him.  

    Your father should contact them immediately to inquire as to what documentation he would need, etc.  

    • Like 1

  11. 9 hours ago, RJL said:
     
     

    Hello all!

    I just got a letter in the mail today that Citi cards sold my account and debt to Calvary. Now here is the strange thing, as soon as I got the letter I went and checked my credit report as I didnt remember even having a Citi card! There is no Citi card on any of the 3 reports and I am showing 0 accounts in collections!

    I am assuming that the next thing will be a collection letter from Calvary giving me 30 days to dispute the debt??

    Any suggestions on what I should do next?

     

    Thanks for any help!

    R

    There are several possibilities.  This could be a card you forgot about.  This could be a case of identity theft.  
     

    Calvary will almost certainly send you a dunning letter.  When that happens, send a reply stating that you believe the account to be fraudulent, and that you demand proof of the account.  Send this CMRRR.  Save a copy of your letter and the green card receipt.  
     

    If you believe the account to be fraudulent, file a report for identity theft with the nearest police precinct.  Get a copy of the police report.  Notify credit reporting agencies.  
     

    When you dispute the debt, if you have already filed a police report, send a photo copy of the report with your letter of dispute.  
     

    Save everything. 


  12. 43 minutes ago, Noreturn said:

    This is what I am stuck on: Idaho law, the case is pending magistrate court. First pretrial hearing end of month

     

    7-916. Applications to court. Except as otherwise provided, an application to the court under this act shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.

    I have to serve a summons????

    No, it means the original complaint uses a summons.

     

    An MTC requires a motion.

     

    You don't need to send anything other than an MTC. In the MTC, you can move that the court order the plaintiff to pay $xxx of your fees according to the contract.  

     

    Filing an MTC appears to be sufficient notice under the arbitration agreement.  


  13. 10 hours ago, Noreturn said:

    It says " if you commence arbitration you must provide us notice required by the administrators rules".

    I thought I read something about notice should be served by the rules of a summons. 

    It also says if I ask, they will pay anything over what the costs are to file in small claims. Can this request be made within the notice?

    The wording is quite vague.  An MTC would almost certainly be considered sufficient notice with this wording,

    There is no harm in sending advance notice to the other side, either before or along with an MTC.  If you do so, a demand (not a request) for costs may be included.  


  14. 1 hour ago, oliverm said:
     

    What is the main difference between secured and unsecured credit?

    Simple.

     

    Secured credit is when you put up something of value in exchange for the loan.  The biggest examples are mortgages and auto loans.  In these cases, the home or auto is the security for the loan.  If you default on the loan, the bank can foreclose on your home or repossess your car.

     

    Unsecured loans are loans for which there is nothing of value backing up the loan.  The biggest example is credit card debt.  If you default on your credit card, there is nothing of value for them to seize to recover the cost of the loan.  


  15. 10 minutes ago, gamom said:
     
     

    Thank you for replying.  I will look up the CFPB, i stopped paying in 2018.  Thank you for letting me know about this, i was afraid I was doomed because i didn't have the contract. 

    I am in Columbia County. 

    I don't know which law firm is handling it.  All it says is Plaintiff/Petitioner: Portfolio Recovery Associates, LLC. 

    Would they ever take a lesser amount of say 2K ?  That's all I will be able to pay in the near future. 

    They might or might not.  If you file an MTC, you can almost certainly get away with paying a lot less, although you may or may not have to pay arbitration fees.  

    10 minutes ago, gamom said:

    I also had a friend say he got summed by PRA and he never went to court or responded and nothing happened to him.  His check wasn't garnished or anything.  How can that be possible?

     

    Thank you again.

    How is that possible?  Well, anything can happen, but I wouldn't count of that happening to you.

    There are three possibilities:

    1. PRA forgot about it.  Not very likely.

    2. PRA got a default judgment against your friend, and they haven't got around to doing anything yet, but they might do something about it later.  They have years to do something.  Very possible.

    3. PRA got a default judgment, and decided your friend has nothing worth going after.  However, if in the future your friend is in a better financial position, they will go after him.  Very possible.  


  16. 1 hour ago, gamom said:
     

    Hello, I am currently being sued by Portfolio Recovery Associates, LLC assignee of Synchrony Bank.  I got the summons on 02/20/20.  I am unsure what to do.  I am a single mom of a child with disabilities and cannot pay the $8833.22.  I wish I could, i really do.  Do i have any options?  I read something about Arbitration but I don't have the original credit card contract.  I would very much appreciate any help.  Thank you in advance.

    Arbitration can usually win.  Synchrony Bank has a great arbitration provision.  PRA almost always folds in arbitration.

    !. Get the CC agreement from the CFPB site.  @Clydesmom mentioned how to do that in her reply.

    2. File an MTC.  Look up the arbitration threads to see how that is done.  Normally, you answer with arbitration as an affirmative defense, and file a Motion To Compel arbitration.  


  17. 14 hours ago, WAState Defendant said:
     

    I am ready to mail my responses to a Request for Admissions but when I look for templates online (for Washington State), it has language that I am not the Petitioner or Respondant (others say parties to the lawsuit).

    So my question is: Am I not allowed to mail my responses back to the Plaintiff's lawyers?

     

    Thanks.

     

    (copy and paste of form found on Washington State's court website below)

     

    COURT OF WASHINGTON
    FOR
    Petitioner vs. DOB
    .
    Respondent DOB
    NO.
    PROOF OF MAILING
    (AFML)
    I certify under the penalty of perjury under the laws of the state of Washington that I am 18 years of age or older and I am not the Petitioner or the Respondent, and that on (date) I deposited two copies of the following documents:

     

    Petition for Order for Protection Temporary Order for Protection and Notice of Hearing Order Transferring Domestic Violence Case and Setting Hearing Order for Protection Reissuance of Temporary Order for Protection Order Realigning Parties and Notice of Hearing Notice of Hearing Motion to Modify/Terminate Order for Protection Order Modifying/Terminating Order for Protection Other:
    in the U.S. mail, postage prepaid, one first class and one certified (return receipt requested), addressed to the Respondent Petitioner at the last known mailing address of:
    .
    Signed on at , Washington.
    (Date) (Place)
    Signature Address
    Print Name
    SERVER: 1) Complete and return this form to this court:
    and 2) deliver a copy to the law enforcement agency where petitioner lives.

    What this means:

    If you are being sued, you are the respondent.  The document says somebody else must sign and mail the forms.  

    For example: I used to work for a company that had a mail bin for outgoing mail, which the postal worker would pick up every day.  I would have the lady at the front desk sign the form, and drop the stuff into the mail bin.  


  18. 6 hours ago, tvaughn said:

    Gotcha.  I'm just going to ignore it at this point since it can't hurt me.  No reason to stir it up again.  Thank you.

    The disclaimer at the bottom basically stops this from being a violation in 48 states.  

    This letter would only be a violation in Mississippi or Wisconsin.  

     

    So at this point you have the choice of:

    1. Ignore them.

    2. Send an FOAD letter, telling them never to contact you again.  

     

    The third choice of sending a refusal to pay you have already rejected as not worth the effort.  If you feel like sending a FOAD letter, do so.  If that is too much trouble, just ignore them.  


  19. 31 minutes ago, nobk4me said:

    It doesn't have to be certified (unless your state's rules require it, which is unlikely), but it is usually best to use certified mail, as it is a common tactic of JDB attorneys to claim they didn't get what you sent them.  Certified mail gives you proof that they did get it.

    Bingo.  AND make a good copy of whatever you send. 
     

    One time I sent discovery answers to an opposing firm.  Unfortunately, I thought I had the most up to date version backed up.  I didn’t.  I didn’t make a copy of what I had sent.  And, I didn’t send it Certified Mail.  That cost me big time.  


  20. 2 hours ago, Carlos28 said:

    By the end of this week should I file an MTC or wait until we meet in court?

    Different courts have different procedures. 

     

    That being said, in general it is better to file ASAP, but in some courts that might not be the case.    The problem with waiting until the next time you meet in court is that in some jurisdictions you have to give the other side the motion in advance.  Although there are some courts where it is better to give the documents in court.  
     

    Find out what process your court has for filing motions.  Assuming you can file a motion, do so ASAP. Remember to send a copy to the opposing attorney 


  21. If you move from the state in which you incurred the debt, there are two ways they can get you:

    1. Sue in the old jurisdiction, get a default judgment, and domesticate the judgment to your new location.

    2. Sue in your new location.

     

    I don't know the laws of the state in which you live, or the state in which the house is located.  (Duh, I don't even know the states, let alone the laws).  So I have no idea if they would be able to file a lien on the home.  That is a very real possibility, though.  They could file a suit, then file a lien on the home.  

    Even if you wait to get the home until after a suit, there is a possibility that they could get the judgment, and then file a lien years later when the house is transferred.  

    NOTE: Getting the home transferred into your name may be a magnet for creditors.  Places that would leave you alone when you are renting will crawl out of the woodwork as soon as you own a home.  Trust me, this is from a very nasty and bitter personal experience.  

    What about BK?  I don't know.  In some states, if the home is your primary residence, you can exempt some or all of the value of the home in BK proceedings.  However, if this home is not your primary residence, the laws may well treat it differently.  

    I don't know if you qualify for BK 7 or not.  Only an attorney could advise you on that.  

    All in all, you are in an extremely complex situation.  I would VERY strongly recommend discussing the situation with attorneys in both your state and the state in which the house is located.  Yes, that costs you more $$$$ than asking some random strangers on the internet.  But, your goal is to protect your interests in this house.  It is well worth the money you spend to get the answers from someone who actually knows the best advice to give you.  


  22. This is a complicated issue.  

    I once had a case in which the law firm filed in small claims AFTER I sent them the JAMS paperwork for arbitration.  I notified the law firm, and they immediately filed for a dismissal w/o prejudice.  In a short time we agreed to have them file for a dismissal WITH prejudice in exchange for me not filing FDCPA claims against them.

    If you have enough time before your answer, I would send a letter to the law firm.  Calmly spell out what they have done, and that you believe this to be an FDCPA violation -- taking an action they are not legally permitted to take (that is, the case had already been moved to arbitration).  Give them a short time to withdraw the case.  Make an offer that you will not pursue FDCPA charges against them in return for a dismissal with prejudice.  Make sure the final agreement has language that the debt cannot be sold, etc.

     

    If you don't have the time, here are some possible affirmative defenses:

    1. Improper venue.  The contract forbids the case from being tried in court after arbitration has been filed.  You filed, they ignored, they cannot simply take the case back to arbitration.  This is a strong defense, and could be the basis for a dismissal with prejudice.  

    2. res judicata.  Another magistrate already ruled that the case should be heard in arbitration.  They ignored arbitration, therefore the case has been decided.  This isn't as strong, but might work.

     

    In addition, you almost certainly have them on an FDCPA violation.  If they don't agree to a dismissal with prejudice in exchange for not filing FDCPA charges against them, you should consult a consumer attorney right away.  You have a strong FDCPA case against the law firm, as well as a strong breach of contract case against the plaintiff.  


  23. I can't remember the exact thread, but -- 

    I do remember a thread where the debtor initiated in JAMS.  He made an offer (not sure if it was 40% or not), but Discover refused.  Later on in the arbitration, between the time when Discover got the bill for the hearing and the actual hearing, Discover accepted exactly the same deal they had rejected earlier.  

    My case was a bit different.  In my case there was a legitimate SOL question.  I initiated in JAMS (NO underlying court case, I initiated just before they were going to sue) a few months before the SOL in my state, but 2+ years after the Delaware SOL.  The arbitrator hadn't ruled if we were gong to use Delaware SOL or my state's SOL.  So Discover accepted exactly the same settlement between the time they got the bill for the hearing and the actual hearing as they had rejected earlier.  In my case, the settlement was one I was very, very happy with.  

    So there are at least two known cases in which arbitration was used to get a better settlement with Discover.  

     

    YMMV.