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debtstuffed

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debtstuffed last won the day on May 27

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  1. @WhoCares1000 you're exactly right. After paying the settlement money, I received a letter saying that the account is "resolved", along with a non-filed court doc that is a dismissal WITH prejudice. Woohoo! So happy that's over and I cant wait to see my score after that collections is removed. Thanks again, everyone, for all your guidance!
  2. @nobk4me I could be wrong, but I *think* because nothing has been officially filed in court, theres nothing to actually dismiss. I think this is just canned language from their "stipulation letter" form letter.
  3. So close to being finished with this! I received the Stipulation letter from M&K. I've attached the relevant paragraph to this post. Is this a sufficient settlement agreement to ensure that LVNV can't sell the remainder of the debt and can never come after me again? I dont know if "The parties desire to fully and permanently settle the above-referenced account" is considered a "term" of the stipulation or just fluff. I would have felt better if it had said "Payment fully and permanently settles the above-referenced account." But I don't know if I'm just being unnecessarily picky because I don't trust lawyers as far as I can throw them (no offense intended to the lawyers in the forum lol).Thanks for any insights.
  4. Update! I sent in my Answer and answered Not Enough Information to all Complaints. The Answer form that MN supplies is incredibly easy to use! I added "Lack of subject matter jurisdiction" to affirmative defenses and used @fisthardcheeses language, something like "The underlying contract stipulates an arbitration agreement...". I did not prepare or send an MTC for arb. They sent me an offer letter for $950. I called them and talked to a very nice representative: "Hey I cant verify that this debt is mine but I'm willing to settle for $300 so that neither of us has to deal with arbitration." He talked to a lawyer and they counter offered $500. I counter offered $400 and they accepted. They will send the stipulated agreement, which I will review and redline as necessary, and then send a money order. I'm damned happy to pay less than 30% to get this off my credit report. Thank you all for the great advice!
  5. Thank you! Re: service: I found this on the MN courts site under instructions for filing an answer. It says I can be the one who serves the papers. Am I reading this incorrectly?
  6. I was just writing a new thread and found this old one. The judge had us try mediation. I ended up paying them with a big wad of cash. No judgements show on my credit report. 🤷‍♀️ Glad its over
  7. 1. Who is the named plaintiff in the suit? LVNV Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Messerli & Kramer 3. How much are you being sued for? $1500 4. Who is the original creditor? (if not the Plaintiff) Credit 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 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? Lyon County, Minnesota 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? Unsure- I'll check 12. What is the SOL on the debt? To find out: 6 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). Nothing filed- summons served. It's a MN pocket docket situation 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 disputing after being sued 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 21 days- april 20 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing 18. How did you find out about this site? Through an internet search 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Hi! I've been reading through the forums and I think I have a plan but wanted to see if one of the MN experts could confirm for me that I'm on the right path. 1. I received the summons from JDBs local attorney and will answer all complaints with the state's Answer form. There are 3 complaints: 1. The first is " Defendant owes plaintiff $1500 for goods and services sold and delivered... purchases were made on charge account bearing account number... which was issued to Defendant by Credit One Bank." 2. Lvnv funding owns this account 3. Defendant is in default for failing to make the required payment. I *think* I answer Deny to all three because.... 2. I'm not sure about the card agreement from when i opened my account, but the one in effect when i defaulted has an arbitration clause with the small claims exception. I intend to file a claim with AAA (thank you hard cheese person for the awesome arbitration thread). 3. In my Answer to Summons, I'll put Lack of Jurisdiction and note the AAA arbitration case file number. 4. I'll send the Answer and AAA case file info to the attorney. No need to file with court per court rules. 5. Call in two weeks to talk about settlement? Sooo.... 1. A DV is pointless, right? 2. Do I hold off on filing a MTC for arb until they actually file a suit in court? 3. Did I miss anything? It feels too simple. I mean, I spent about 10 hours reading through these forums, but it feels like there should be more to it? Or did I actually manage to distill it down to the relevant action items? Thanks in advance, you're all awesome!
  8. I'm not sure if I should post this as a separate thread, but... let's say I'm able to just give them the full amount right now to settle the case. Does the judgement still stand, i.e. would it still show on my credit report? @Clydesmom I think that's what you're saying, just wanted to make sure I understood correctly. The lady made it sound like they couldn't take the payment even if they wanted to.
  9. Thanks for your responses! Especially for correcting me where I was wrong. The trial is indeed a trial de novo. I'm not sure that they are going to use an attorney. They couldn't in small claims. They don't have any attorneys listed for the appeal in the county's register of actions and I haven't been notified of any attorneys being involved (but I don't know if they would be required to notify me or the court). Do all the same rules apply even though this started out as a small claims case? I've read hundreds of posts on this forum and wondered if it's worth attacking their paperwork (i.e., inconsistent totals) or their witness. Thanks again
  10. 1. Who is the named plaintiff in the suit? A local Credit Union 2. What is the name of the law firm handling the suit? N/A the credit union sends their collections reps 3. How much are you being sued for? $2000ish 4. Who is the original creditor? same credit union 5. How do you know you are being sued? I was served papers at home 6. How were you served? In person. 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? I received some mail and got constant 3 times a day phone calls for about 6 months, which I never answered 9. What state and county do you live in? California, San Diego County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? 2012 12. What is the SOL on the debt? 4 years 13. What is the status of your case? In appeal. 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? Hearing in appellate (Superior) court is on Friday 7/27 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing I defaulted on a credit card with a local credit union and they took me to small claims. Before the hearing, I'd been speaking with a very nice lady in their collections department who'd said she would be willing to set me up with a payment plan. I needed some time before committing because they served the papers to my workplace and my employers were VERY unhappy about it. I wasn't sure that I would have a job with a paycheck so that I could make payments. When I tried to get in touch with her again I learned that she had died. The new collections worker didn't seem to have any idea what she was doing. I mean none. She was unwilling to talk about a payment plan or settlement, despite my making four good faith attempts to come up with some kind of agreement. At the small claims trial, their evidence was all over the place. None of the "total amount due" numbers matched up on their paperwork. I asked the judge for a continuance so that I could get accurate information from the credit union and he denied it and found in favor of the plaintiff. I filed an appeal. At this point, I just want this to be over. I called the credit union and requested a payment plan on the full amount under a stipulated agreement. I think that's the right term. I just signed one with Hunt & Henriques on another debt. Where we agree to a payment plan and if I ever miss a payment they automatically get a judgement? In any case, the collections lady did not know what that was and said that it's too late to enter any kind of agreement (untrue). She also said that the credit union does not know how to produce that kind of agreement and that they depend on the court mediator to draft such an agreement. How can you not know how to do that kind of thing if you're in the business of pursuing legal actions? Anyway... I tried to explain to her how the stipulated agreements work, and how they would still get a judgment if I ever missed a payment, and that they weren't giving anything up by entering into the agreement. Her response was to keep repeating, "You're the one who filed the appeal, now we're going to go through the process." She seemed to be taking the whole thing very personally, and her responses seemed weird, vindictive, and more than a little retaliatory. I explained that the only difference between doing the stipulated agreement and showing up in court was that a) I would have a judgement placed on my record, and b) my time, their time, and the court's time would be wasted because the end result would be the same- they'd get their money. I asked whether she wanted to confer with her company before moving forward, and she again responded that I was the one who filed the appeal, so I was the one who was wasting the court's time and they were going to move forward. So here's my question: Can I go into court and tell the judge that I'd made several good faith efforts to settle the matter out of court for the full amount of the debt and that the credit union was acting in bad faith, so could he/she please compel the credit union into entering into a stipulated agreement? I would really like to avoid having a judgement on my record. Is there anything else I can/should say in court? Thanks in advance.
  11. Ok thanks. I do keep an eye on my credit report so I'll make sure the amounts are accurate as time goes by. FWIW I'm paying the full amount so I'll also make sure that's reflected. I tried three times to talk them down, including after I'd filed a GD, but no luck.
  12. Okay, thank you so much for the reply. I guess I'd rather have less than perfect language on my CR than a judgement!
  13. Thank you! Second question- how would this show on my CR when all payments are made? Settled? Paid in full? How will it show while I'm making payments?
  14. I verbally agreed to a settlement agreement with Hunt & Henriques who are representing Capital One. The agreement is in court doc format and is titled Settlement Agreement Jurisdiction Retained Under Code of Civil Procedure Sec 664.6. When I spoke to the H&H rep on the phone, I asked specifically if a judgement would be entered against me if i entered into the settlement agreement and she said no. The entire point for me of doing the settlement agreement was to avoid a judgement. However in the first paragraph of the doc it says that i "stipulate to entry of judgement in favor of capital one". But then in the third paragraph, the doc says "Notwithstanding the stipulation to enter judgement, Plaintiff will not request that judgement be entered so long as Defendant is not in default with the following payment plan..." Am I understanding correctly?-- I am agreeing that if I make these payments on time, then they won't ask for a judgement, but if i default on the agreement, then they will automatically get a judgement? Thanks in advance!
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