kja2s

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About kja2s

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    Tennessee
  1. Linda---thanks so much for those links, I found a lot of really great informaiton. Based on one of the threads I read I've come to this conclusion. So I think I am planning on submitting a sworn denial to the court since general sessions court in TN does not allow for a formal answer. Here is what I plan to say: "I swear that I have no recollection of this alleged debt and on information and belief am denying any liability for it. I demand strict proof, if it exists, and retain the right to amend my answers if the need arises." I will get this statement notarized and then submit it to the court as well as the plaintiff..... Is this a good plan? Thanks!
  2. Hi Linda, thank you to everyone for helping out. I am being sued for just under $1,700 plus court costs, attorney fees, etc. The acount was opened in 2008 and I allegedly defaulted in 2009. The only thing I recieved was a piece of pink paper stating the court date and then attached to that was an affidavit. This is what the Affidavit said: AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigne, Elaine Freeman-Lark, Custodian of records for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows. 1. I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC (" Account Assignee") Which is doing bsiness at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representaitons, and averments herein, and do so based upon a review of the business records of the Account Assignee and those recoreds transferred to Account Assignee from HSBC BANK NEVADA, N.A/GM ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on 7/27/2010. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustement of said account, and the Acount Seller has retained no further interest in said account or the proceeds therof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller and maintained in the ordinary course of business by the Account Assignee, there was due and payable from (my name) ("Debtor and Co-Debtor") to the Account Seller the sum of $1,672.09 with the respect to account number ending in 5538 as of the date of 1/30/2010 with there being no known un-creidted payments, counterclaims or offsets against the said debt aas of the date of sale. Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the defendent is not on active military service of the United States. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, there was due and owing at the time this lawsuit was filed a sum of $1,672.09. Porfolio Recovery Associates, LLC (Signature) Elain Freeman-Lark, Custodian of Records Subscribed and sworn to before me on JUN 02 2011 (signature) Notary Public They did not attach any evidence whatsoever, and there were no instructions on how to "answer" the summons. Also, the police officer who served me the papers told me that I needed to call the plaintiff's attorney with any questions and with instructions on how to procede....that didn't seem right to me.
  3. Thank you for the info. To go for the ARB route, do I just call the plaintiff's autorney and tell them or are there papers I have to file with the court? Thanks!
  4. In TN they are required according to the tennessee credit collection laws, but how would I go about finding out if the particular individual on my case is indeed liscensed/bonded here?
  5. I was just served a summons for court by September from Portfolio recovery associates on behalf of HSBC. I don't know what I am doing and I am trying to sort through all this research and information. Does anyone know if HSBC has an arbitration clause? If so could i still use it since they've already served me papers? Would it be benefitial to use the clause if it is there? Thank you:confused:
  6. From what I wrote do you think they did these 3 things? I don't think they did but I don't know what to do about it.They provided the date that they bought the debt, but thats about it. Can I file to dismiss based on this alone or do I need to build a whole case?
  7. Ok, just got back from picking up this info and its not at all what I expected. Its only two pieces of paper. The first one is a pink form, on the front it says: Civil Summons State of Tennessee, county of Rutherford To Any Lawful Officer to Execute and Return: Summon (my name) TO appear in the General Sessions Courtroom #303 in the General Sessions Court of RUghertford County, Tennessee on (deate assigned to appear) then and there to answer in a civil action brought by: PORTFOLIO RECOVERY ASSOCIATES, LLC assignee of HSBC BANK NEVADA, N.A For goods, services, arbitrition award or monies advanced or loaned to Defendants for which payment has not been recieved as evidenced by the sworn account attached hereto in the sum of $1,672.90 plus interest rate of 10% APR & the costs of this action Under 25,000.00. JUDGEMENT (here there are lines that I assume the judge is to fill in after a judgement has been made...ex. Judgementer entered by: - default -Agreement - Trial Dismissed: - Without prejudice - with prejudice Costs Taxed to: - Plaintiff - Defendent Order (more blank lines for judge to fill in here) And then on the bottom of that same pink form (front side) it defines Portolio Recovery Associates as plaintiff and myself as defendent. At the botton is the contact information of the attorney for plaintiff.... McLemore and Edington, PLLC Attorney for Plaintiff Telephone number xxxxxxxx On the back of this pink paper NOTICE FOR DEFENDANT(S): Tennessee law provides ten thousand dollars (10,000.00) personal property exemption from execution or seizure to satisfy a judgement. If a judgement should be entered against you in this action and you wish to claim property as exempt, you must file a written list, under oath, of the items you wish to claim as exempt with the clerk of the court. The list may be filed at any time and may be changed by you thereafter as necessary' however, unless it is filed before the judgment becomes final, itwill not be effective as to any execution or garnishment issued prior to the filing of the list. Certain items are automatically exempt by law and o not need to be listed; these include items of necessary wearing apparel, for yourself and your family, and trunks or other receptacle necessary to contain such apparel, family portraits, the family bible, and school books. Should nay of these items be seized, you would have the right to recover them. If you do not understand your exemption rights or how to exercise them, you may wish to seek the counsel of a lawyer. AFFIDAVIT TO the best of my information and belief, after investigation of Defendent's employment, I hereby make affidaavit that the Defendent is not a member of a military service _____________________________________________________ attorney for Plaintiff or Plaintiff _____________________________________________________ Notary Public My Commision Expires: (All of this was left blank) APPEAL From the judgement on the reverse hereof, the ________________________ prayed an appeal, to the circuit court which is granted upon Pauper's Oath or Appeal Bond. This ___________ day of ____________ __________, 20____ _______________ Judge of the Court of General Sessions. In small print at the bottom of this pink form: information about the american's with disabilities act. Then comes the next form....its white. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigne, Elaine Freeman-Lark, Custodian of records for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows. 1. I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC (" Account Assignee") Which is doing bsiness at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representaitons, and averments herein, and do so based upon a review of the business records of the Account Assignee and those recoreds transferred to Account Assignee from HSBC BANK NEVADA, N.A/GM ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on 7/27/2010. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustement of said account, and the Acount Seller has retained no further interest in said account or the proceeds therof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller and maintained in the ordinary course of business by the Account Assignee, there was due and payable from (my name) ("Debtor and Co-Debtor") to the Account Seller the sum of $1,672.09 with the respect to account number ending in 5538 as of the date of 1/30/2010 with there being no known un-creidted payments, counterclaims or offsets against the said debt aas of the date of sale. Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the defendent is not on active military service of the United States. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, there was due and owing at the time this lawsuit was filed a sum of $1,672.09. Porfolio Recovery Associates, LLC (Signature) Elain Freeman-Lark, Custodian of Records Subscribed and sworn to before me on JUN 02 2011 (signature) Notary Public Finally, a stamp by the notary public and then this statement at the very bottom: This communication is from a debt collector and is an attempt to collect a debt. Any information obtained iwll be used for that purpose. And thats it. 2 pieces of paper, no contracts, no records, nothing but the court paper and the affidavit. There is no information provided about how to answer, and the officer that served me the papers said I could call the attorney (plaintiff) to negotiate an agreement. But don't they still have the burdon of proof. Basically all this is is there word against mine at this point. There is absolutely no evidence provided or even any instructions for me. I am so confused! I was expecting a form to fill out or something, or at least some instructions on how to answer and the amount of time I have to do so! Is this affidavit the information I use to submit my admitance/denial, affirmative defences, and counterclaims? Can I subpoena for this elaina lady to testify, or at least require that they provide evidence? Shouldn't they have the original contract signed by me to verify the debt? And as per the TN law they did not do the 3 things they should have done, they didn't provide proof of buying the debt including the price, etc. Any advice would be greatly appreciated....Im lost!
  8. How would I find out if Portfolio Recovery is licensed/bonded in tennessee? and what is the "dunning" letter? Thanks!
  9. On my credit report the debt is $1,647. I am not yet sure how much they are suing me for though....will update in a few hours when I get the paperwork.
  10. Thank you for your responses. I will update with all information available when I go get the information from the officer tomorrow. I just pulled my credit reports to look up this "portfolio recovery" and found inconsistencies in the dates they listed as the account opening. On my experian account the date opened was 7/1/2010 and on the transunion report the account was opened 7/27/2010. Could I use these inconsistencies as part of my defense in any way? Would this fall under any of the "affirmative defense" issues that I could attach to my answer? I guess that is just a preliminary thought....I'll post all of the allegations in the complaint tomorrow. Also, according to my credit report my the account with HSBC was opened in 12/1/2008 and the last payment was 7/2009. Statute of limitations is 6 years in TN from what I've read so I can't argue that unfortunately.
  11. Hello, I am absolutley at a loss and have no idea what to do. I was informed today that a police officer showed up at my home to deliver a summons to court. I was not home so I am going to meet him tomorrow. I called and he told me that the summons was on behalf of Portfolio Recovery who apparently was acting for HSBC or something like that. I am 23 years old, a full time nursing student, and I only work 12 hours per week...I barely make enough to be able to afford gas to get to work/school and on top of all that I have heart issues that are made a hundred times worse by stress....PLEASE help me out with this. I have absolutely NO idea where to even start. I will post more details on the summons tomorrow after I get it from the officer....please give me any advice possible. I would be ever so apprciative if I could find someone to walk me through this....I just have no idea what to do and am in a complete state of panic. Thank you:confused: