Ohio User Man

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  1. Thanks for that. I'm still not sure what I want to do. I've contacted a few lawyers for a free consult but so far it's been a dead end. They all either only deal with bankruptcy or debt consolidation. I'm not really sure I want to spend money on a lawyer either. Legal aid in this area doesn't seem to deal with these type of cases either. I've condensed my answer for the court but I'm still worried about denying everything since I did have that account. I've just had no contact with LVNV and they've provided no proof of ownership and very little proof of anything else. I'm hoping to settle for $2000 which is all I really can do in a lump sum. COMES NOW the Defendant, xx, and hereby files this Answer to the Plaintiff's Complaint: 1. In response to paragraph 1 of Plaintiff's Complaint, Defendant admits having an account with Capital One in the past. Defendant denies that Plaintiff is the assignee of the aforementioned account as Defendant is without sufficient information. 1. In response to paragraphs 3, 4, 5, 6, 8 of Plaintiff's Complaint, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefor denies them. 2. In response to paragraph 2, Defendant admits the allegations contained therein. 3. In response to paragraph 7 and 9 of Plaintiff's Complaint, Defendant denies the allegations contained therein. 4. In response to paragraphs 10, 11, 12, 13, and 14 of Plaintiff's Complaint, these overly vague request call for admission of matter defendant has denied and thus it is improper. AFFIRMATIVE DEFENSE Defendant cites LACK OF STANDING as Plaintiff has failed to prove ownership of the Capital One account shown in Exhibit A. Furthermore, Exhibit A states that the account "is now being serviced by the Recoveries department. Call 1-800-258-9319..." Recoveries department and phone number on Exhibit A is owned by Capital One and not LVNV Funding INC. Paragraph 7 of Plaintiff’s complaint states “Plaintiff thereafter acquired, for a valuable consideration, all right, title and interest in the unpaid debt(s). As a result of the assignment, Plaintiff became, and now is entitled to recover the amount owed by the Defendant". Defendant contends that Plaintiff’s failure to provide a copy of said Agreement is in violation of Rule 10(D) of the Ohio Rules of Civil Procedure.
  2. COMES NOW the Defendant, Daniel T. Carlton, and hereby files this Answer to the Plaintiff's Complaint: 1. In response to paragraph 1 of Plaintiff's Complaint, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefor denies them. 2. In response to paragraph 2, Defendant admits the allegations contained therein. 3. In response to paragraph 3 of Plaintiff's Complaint, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefor denies them. 4. In response to paragraph 4 of Plaintiff's Complaint, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefor denies them. 5. In response to paragraph 5 of Plaintiff's Complaint, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefor denies them. 6. In response to paragraph 6 of Plaintiff's Complaint, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefor denies them. 7. In response to paragraph 7 of Plaintiff's Complaint, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefor denies them. 8. In response to paragraph 8 of Plaintiff's Complaint, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefor denies them. 9. In response to paragraph 9 of Plaintiff's Complaint, Defendant denies the allegations contained therein. 10. DENY. This request calls for admission of matter defendant has denied and thus it is improper. 11. DENY. This request calls for admission of matter defendant has denied and thus it is improper. 12. DENY. This request calls for admission of matter defendant has denied and thus it is improper. 13. DENY. This request calls for admission of matter defendant has denied and thus it is improper. 14. DENY. This request calls for admission of matter defendant has denied and thus it is improper. AFFIRMATIVE DEFENSE Defendant sites LACK OF STANDING as Plaintiff has failed to prove ownership of the Capital One account shown in Exhibit A. Furthermore, Exhibit A states that the account "is now being serviced by the Recoveries department. Call 1-800-258-9319..." Recoveries department and phone number on Exhibit A is owned by Capital One not LVNV Funding INC. Paragraph 7 of Plaintiff’s complaint states “Plaintiff thereafter acquired, for a valuable consideration, all right, title and interest in the unpaid debt(s). As a result of the assignment, Plaintiff became, and now is entitled to recover the amount owed by the Defendant". Defendant contends that Plaintiff’s failure to provide a copy of said Agreement is in violation of Rule 10(D) of the Ohio Rules of Civil Procedure.
  3. Thank you! Would you have any advice on how to form the Answer? JDB didn't include anything proving they purchased the debt. All they included was the last statement before it was charged off. Do I admit I had an account with Capital One? The amount? I'm not sure how to form this.
  4. I don't mind settling but I can't pay that whole amount. What's the best way to go about settling? Should I send an Answer to the court before contacting them or send a Motion for a More Definite Statement first? I was thinking if it looked like the case would be more work they'd be willing to settle for less? I also worry that if I go ahead and send an answer attorney fees and court cost come into play and they'll want more. Not sure what the best thing to do is.
  5. More information: 1. Who is the named plaintiff in the suit? LVNC Funding 2. What is the name of the law firm handling the suit? Stenger & Stenger 3. How much are you being sued for? 3100.00 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) Mail 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? Ohio Greene 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? Around 2013 12. What is the SOL on the debt? To find out: Six 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). Suit Served 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? 21 days from now First Count- non payment of account 1. Plaintiff is the assignee of Defendants account, Account number XXXX, An Account that was used for Defendants benefit. The Account was formerly with Capital One 2. The court is the proper court because Plaintiff is informed and beliefs Defendant is a resident of Greene County, State of Ohio 3. Defendant used the Account at various times, and thereby requested loans, advances, and services and/or payments of various sums of money for use and benefit of Defendant 4. The Account Statement is attached hereto as Exhibit A 5. Upon information and belief, Defendant made the last payment on the account on or about December 1, 2017 and the Account was charged-off by the Original Creditor on or about July 9, 2018 6. Defendant has defaulted on the repayment obligation and has failed to repay the balance of $3100.00 7. Plaintiff thereafter acquired, for a valuable consideration, all right, title, and interest in the unpaid debt(s). As a result of the assignment, Plaintiff became, and now is entitled to recover the amount owed by the Defendant. 8. There is presently due the Plaintiff from the Defendant for the money loaned/paid out of Defendants account, the sum of $3100.00 9. Plaintiff notified Defendant of the assignment and demanded the Defendant pay the balance do but no part of the foregoing balance has been paid. SECOND COUNT UNJUST ENRICHMENT 10. Plaintiff incorporated by reference herein, each allegation set forth above 11. Defendant received billing statement(s), but has failed to repay the unpaid balance. 12. Defendant knowingly retained the benefits derived from the use of the Account, without having repaid the outstanding balance on the account. 13. Retention of the benefits conferred upon the Defendant under the circumstances would be unjust without requiring Defendant to make payments for the same. 14. Defendant has been unjustly enriched in the amount of the outstanding balance set forth above, as Defendant knew or should have known that credit was not being provided gratuitously. WHEREFORE, Plaintiff prays for judgement against Defendant in the amount of $3100.00 with statutory interest from the state of judgement, costs of this action, and such other and further relief as the Court deems just and proper under circumstances. 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. Last Statement and terms and conditions 18. How did you find out about this site? Google 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit
  6. Hello everyone. I've been combing the boards for ideas on how to handle the summons I received but I'm not sure how to proceed. The original creditor was Capital One. I received a summons from LVNV Funding. The attached documents was just the last statement and credit card agreement. No proof of ownership with LVNV. The lawyer is in MI and I am in southern Ohio. Capital One does not have a arbitration agreement so I cannot go that route. I have 20 days left to send an answer. I thought about sending a Motion for Definite Statement but it seems that's no longer very successful. Does anyone have any suggestions on where to go from here?