dusty119

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About dusty119

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    AZ
  1. Update: We ended up settling for $1,000. They sent a Rent-A-Lawyer on behalf of the actual attorney on the case. We stated to him that we had already filed arbitration papers with the clerk and planned to go that route. He had no idea what that involved, so he made a phone call to the attorney and they asked if we would do $1,000 even instead of the $1,6xx. My wife jumped at the idea and immediately said yes. Unfortunately she wasn't as enthused about the idea of making them struggle as I was... I think we had a good chance of getting out of this without paying a dime, but I suppose its over with so I'll just have to move forward. I want to thank all of you for your immediate insights and help with this situation!
  2. I understand that, however, my previous statement above notes that the document has references to documents and exhibits that are non existent. Aka- I skimmed over too fast and didn’t not remove certain sentences and verbiage that is irrelevant to me.
  3. The clerk of court accepted it, but I’m sure the judge or the OP will see the verbiage and know immediately I did not personally draft this document.
  4. Im not sure if they will accept my MTC as I was pressed for time this morning and found a template listed on this forum from a previous defendant fighting the same type of case- I filled in the blanks with my personal and relevant information, but missed a few statements within the template that reference “exhibit A” and “page 4 of 4”, which are non existent on my behalf. The pitfalls of working 3rd shift and waking up 2 hours before court and not having time to prepare documents properly....
  5. I’m sorry, I’m not very savvy on this type of stuff. Can you explain what “OP Claim arising out of or related to the agreement is a material issue” means?
  6. Thank you very much. I am having trouble finding the terms and agreement for a 2014 Synchrony Victoria’s Secret card... can anyone point me in the right direction so I can use it to draft up my MTC?
  7. My wife and I have court tomorrow. She just received their "supporting documentation" in the mail this morning, and it was just copies of what they had originally used in their paperwork to serve us. The Plaintiff also stated that they are requesting MOTION FOR SUMMARY JUDGEMENT with the judge. My wife believes they WILL NOT SETTLE, and they believe they have a case to request the full amount + any court fees, etc. Can we go in tomorrow and see if they will settle for a lower amount (PFD), and if not, can we then file a motion for arbitration? Or does the motion for arbitration have to be filed before hand?
  8. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Encore Capital Group 3. How much are you being sued for? $1,600 4. Who is the original creditor? (if not the Plaintiff) Synchrony/ Victoria Secret 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/Ignored Phone Calls 9. What state and county do you live in? AZ/USA 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: 6 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). Pre-Trial Conference 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'). Before: No After Being Served: Yes 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? 30 Days 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. OC Statements NO: Original Contract 18. How did you find out about this site? Google My wife is the original debtor being sued. She opened this account before we met in 2014. I had no knowledge of this debt until I (myself, not my wife) was served at our front door. My wife responded by agreeing to move forward with the lawsuit, but requested the plaintiff provide more documentation. Here are the events thus far: Events Event Type Sub Type Result Affidavit of Service Private Process Filed Answer Civil Complaint Filed by Defendant Notice Comprehensive Pre Trial Conf Hearing Mailed Notice Amended Caption Filed by Plaintiff Order Continue Issued/Ordered Motion Continue Hearing Filed by Plaintiff Notice Comprehensive Pre Trial Conf Hearing Mailed