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Beth2019

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  1. To answer your question. In portfolios claim they wrote... ”the name and last known address of the defendant as they appeared in the charge-off creditors records prior to the sale of the debt: my info here” in my denial I wrote “In response to paragraph # of plaintiffs complaint defendants deny the allegations contained therein.” on a side note when I submitted my pos and denial the clerk put that my lawyer is portfolio. Rather than writing pro se in the section where my lawyers name should be she wrote portfolios name. I realized this after the fact. Do I need to go back and let them know that needs to be fixed?
  2. Ok, I had a friend who is not a party to the action signed the POS and sent a copy of it along with the denial to the plaintiff. I then filed the POS and the denial along with the fee waiver with the courts. I was given an MSC date on 12/12/19. I was told by the clerk that I do not need to attend the OSC hearing on 12/6/2019 because that is solely for the plaintiff. Is that true and correct? At this point I am wondering how likely it is that the court will issue a dismissal sanction against the plaintiff on 12/06/2019 given that I filed my response before they filed their denial. Does that happen often? If not is it common that the plaintiff will offer a more reasonable settlement to me prior to the MSC in order to avoid attending court? The only lawful denial I could reference in my answer was to the claim that the plaintiff got my current address from the original debtor. The original debtor never had this address because I was not affiliated with it prior to the purchase of the debt. I doubt this is cause enough for the judge to dismiss the complaint. My reason for fighting this is that I simply do not have the funds to pay the settlement offer that they have offered, even if I were to pay payments. I doubt the judge cares that I struggle with various health issues that limit my ability to work and pay off this debt. For these reasons I am not sure what to say at the MSC if it end up happening. Your thoughts would be appreciated. Thank you!
  3. I was sued by portfolio recovery associates and served in November 2018. I did not respond within the 30 day period. There is a order to show cause why sanctions should not be issued against plaintiff for failure to file default judgement scheduled for December 2019. As of today 4/29/2019 a default has yet to be issued against me. Is there anything I can do at this point to prevent this default from being issued? Is there no answer that I can send after the 30 day window? Will showing up in court even help me?
  4. I was sued by portfolio recovery associates and served in November 2018. I did not respond within the 30 day period. There is a order to show cause why sanctions should not be issued against plaintiff for failure to file default judgement scheduled for December 2019. As of today 4/29/2019 I a default has yet to be issued against me. Is there anything I can do at this point to prevent this default from being issued? Is there no answer that I can send after the 30 day window? Will showing up in court even help me?
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