mkb1

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mkb1 last won the day on March 16 2018

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About mkb1

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  1. Thanks for the clarification. I could find plenty of advice on how and when a debt collector could contact an individual, but nothing about a debt collector contacting an individual representing himself or herself.
  2. So no recourse for the multiple phone calls at this point in the case?
  3. Another update: Bench trial is still on for next month. I have been receiving regular phone calls lately from unknown toll-free numbers. Whoever was calling never left a voice mail. The calls come on various days of the week, including Sundays. I started to notice some common numbers that kept calling, and I finally Googled a couple of the numbers. Surprise! Portfolio Recovery Associates has called me repeatedly in the last month, including on Sundays. Here’s the next question: would it be worth my time to file a CFPB complaint for the phone calls? Repeated phone calls with no voice mails-especially on Sunday mornings-can be construed as harassing, right? We’re going to court. There shouldn’t be anything else to discuss unless it’s in writing.
  4. Update #2: after some back-and-forth, the judge has ordered a bench trial to take place in August. The PRA lawyer left me a voice mail last week. He said that he had some information that I would find “important,” and he left his direct phone number. I’ve never heard of such a thing happening. Do lawyers actually call defendants personally to offer settlements? I’m very hesitant to call back.
  5. Update: I filed my answer, and a motion to dismiss for lack of small claims jurisdiction. The judge ordered a hearing for next month. I’m off to read about what to do next. This will be a first for me.
  6. Thanks for the reply. Yes, I'm being sued in small claims. I still haven't found a cardholder agreement, either. The complaint itself is confusing, because it says "Comes the plaintiff, the Creditor herein, by Counsel, and for a Complaint..." The plaintiff on the cover sheet is PRA. PRA is represented by counsel named in the complaint. PRA bought the debt, according to the bill of sale submitted as evidence. The complaint even says "The original creditor is Capital One Bank (etc.) and Plaintiff is the assignee of the Account." So, which is it? Is PRA presenting themselves as creditor, assignee, or both?
  7. Looking through the forums, it seems that PRA is on a roll this month. 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.) Portfolio Recovery Associates, LLC 3. How much are you being sued for? $6071 4. Who is the original creditor? (if not the Plaintiff) Capital One 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 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? - none 9. What state and county do you live in? - Indiana, Hendricks 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 2013 12. What is the SOL on the debt? To find out: 10 Years Statute of Limitations on Debts 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). Pending 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? 20 days after service- have about 2 weeks left. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Summons, e-file appearance paperwork, complaint, very generic bill of sale from Capital One, a page of a statement from 2016, an affidavit of debt. I have two questions on this one: 1) There was no cardholder agreement included in the court papers. I'm having a hard time even finding one online for Capital One in 2013. If I do find one, can I include that in my response, as well as a motion to compel arbitration? 2) The Indiana state website took me to a small claims court page, which lead me to a handbook page. ( https://www.in.gov/judiciary/files/small-claims-manual.pdf ) The handbook says that small claims can only be filed up to $6,000. Should I do anything about the fact that I'm being sued for more than the maximum amount?
  8. Just got word today- the judge issued an order already! No hearing! Here's the exact verbiage: "IT IS HEREBY ORDERED that this proceeding is stayed to allow Defendant opportunity to initiate arbitration. IT IS FURTHER ORDERED that if Defendant does not initiate arbitration within sixty (60) days from the date of entry of this Order, Plaintiff is entitled to file Notice with the Court and this case will be restored to this Court’s active docket " Looks like I'm off to fill out that AAA arbitration form I printed out.
  9. Thanks for taking the time to reply. I got a copy of the actual summons page mailed to me yesterday from the local sheriff's department. This copy had the "Return of Summons of Service" section filled out. After reading through several other topics in this forum, I have decided to file a MTC arbitration, per my card member agreement. That agreement had not been submitted into evidence yet. I will keep everyone posted on the results. Thanks again!
  10. The packet/summons wasn’t mailed. It was just sitting in my mailbox with no envelope. The “Return of Summons of Service” isn’t filled out, either, so I have no idea how long everything was there. I don’t check my mailbox every day. That being said, is that still proper service as the statute is written?
  11. I found a packet of papers in my mailbox 2 days ago, not in an envelope, mixed in with the other mail. It looks like a summons, but every stamp and signature on it is clearly computer generated. The "Return of Service of Summons" at the bottom of the page isn't filled out at all. There appears to be a case number at the top of the page, so my next move is to go online and attempt to find out if this is even real. If this IS a summons that has been filed, I plan to answer the summons. It is my understanding that the summons was NOT served the way it should be in my state. How do I work that into a written response? 1. Who is the named plaintiff in the suit? - Cavalry SPV 1, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lloyd and McDaniel, PC 3. How much are you being sued for? $1300 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Found what looks to be a summons in my mailbox, not in an envelope, mixed in with the other mail, 2 days ago. 6. How were you served? (Mail, In person, Notice on door) In mailbox 2 days ago. 7. Was the service legal as required by your state? Not as I understand it. In addition, the "Return of Service of Summons" portion at the bottom of the summons is not filled out. 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? - none 9. What state and county do you live in? - Indiana, Hendricks- although one page in the packet says that I live in Hamilton county. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 2014 12. What is the SOL on the debt? To find out: 10 Years Statute of Limitations on Debts 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). Going to attempt to find it online. 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? Summons says it was filed on 1/30. Also says I have 20 days to respond after I receive the summons, or 23 days if received by mail. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Three copies of the complaint, an affidavit of debt that appears to have been filed in NY state, a DoD status report that says I'm not in the military, a bill of sale of the above debt, screenshots of a Citibank account with my info, and something labeled "Odyssey File and Serve-Envelope Summary" that says the case is located in Hamilton County.