mrsschmitty

Members
  • Content Count

    7
  • Joined

  • Last visited

Community Reputation

10 Good

About mrsschmitty

  • Rank
    Newbie

Profile Fields

  • Location
    FL
  1. Thank you all for your information. I am looking into right now what to do. I took a couple of days "off" from all of this, so to speak..lol.. The good news is that on Thursday and last night, those were the best night's of sleep that i have gotten since this whole thing started, lol. I will look into what all of you all have responded with, and see what is the right course of action for myself, from what most of you are saying it would just be to put in a complaint, since it was voluntarily dismissed. I am hoping I will get my paperwork from the courts in the mail next week. The judge did say that they could try and sue me again, but I would think that they would not. But who knows with these idiots. Thank you everyone for your responses! Crystal
  2. I just returned from Court, and the Case was Dismissed!!!!!! Thank God! The Judge said that he got a fax this morning, and they Voluntarily Dismissed the case. Now where does that leave me? Can I sue these jerkoff's? This whole ordeal, as I am sure you all know, is was crazy, stressful and tiring! I am saving EVERYTHING that I have thus far. Will I get a letter in the mail stating that this whole thing is dismissed?? Thank you everyone for all the help here, I don't know if I should count this as a win... but, I am! Crystal
  3. PRS did NOT send me a letter stating that they bought the debt, with the packet of info the attorney sent me, it shows a photo copied Bill of Sale between them and Capitol One, it says it was bought in March of 2009! Crystal
  4. Well Court is today, and I just received the e-mail from VA about the notary, she is an actual Notary, but, she is new and she was unable to notarize anything til 01 August 2012. She notarized the documents on 27 July 2012!! I'm fairly certain that is not legal, at least it is not in FL! Crystal
  5. That is exactly what I intend to do, Lord I can do that form in 2 minutes on excel!
  6. I was served a summons in May to appear in court on June 12th for mediation, I am being sued by Portfolio Recovery Services, for a Credit Card, I supposedly had in 2008, I say supposedly, Because I do not remember having a credit card at all, and especially in that time frame, as I will ill and going through Medical treatments for a little over a year. The attorneys are out of Miami FL by the name if Hyat, Hyat and Landau. I appeared in Court and when the judge asked me if I was guilty of the claim (Or some verbiage to that extent) I told him, that I wanted the case dismissed. He asked be why, I told him SOL. The next thing he said, is that I would get a letter in the mail for a dismissile hearing. I received that letter and it was for July 9th. In the mean time, I searched the net for anything that would help me! I printed off the statues for FL and VA, I pulled my credit report, and it shows a charge off from May 2008. I also found out that I needed to ask for some discovery from the JDB. So to court I went on July 9th (I think it was the 9th) That was kind of a fluke, the only reason why that hearing was being held is b/c the attorney for PRS wanted a motion that they can be at the trial on August 9th (tomorrow) by telephone. The judge agreed, he asked me if I had anything to say, and I told the judge, that I wanted proof that the debt was valid and that they are able to sue me, the attorney stumbled around on the phone and said that he has proof that I made a payment of 183.92 on in 2009. I told the judge, that I would like what proof that this attorney had. The judge ordered it, and said i was to be given this proof, before our trial. I just received the package in the mail yesterday.. It's an excel spreadsheet That says; May 30, 2009. PMT 183.92, then June 28, 2009, PMT 183.92, then July 7, 2009 NSFPT. It also has a letter with it from the "Books Keeper" that has been Notarized, saying that yes, that is the payment that I made... WOW! With the original Packet, I also received a few pages of "Your account is such and such months passed due" And the Date of purchase, with the purchase price blacked out. After doing some digging, I printed off the FL SOL, the VA SOL, and found on this site the 2008 CO agreement that states in has to go by VA law. I also found a statute for FL and VA that EVEN IF a payment was made, I still had to type up a letter, sign it, have it notarized and send it, before a new SOL will begin or something of the sort (I'm so aggravated right now, I can't think of the actual name of the statute). Upon further investigation of all of the paperwork, I found something a little interesting, the Notary itself. The letter of the "Bookkeeper". The Notary signed and sealed in 27 July out of VA. Her notary expires 31 July 2016! I am in the middle of getting my notary, for one thing, if she is a new notary, she would not be able to notarize that letter until 01 August, that is when her notary would be valid, so she notarized the letter 5 days early! Now if she is already a notary, then she should have used her stamp that was valid. It would be valid til 31 July 2012. I emailed,left a phone message, and also did an online inquiry for the Gov of VA to see if in fact this person is an actual notary or if someone just bought a rubber stamp. All of my online research, I can not find this person at all as being a valid notary! But I will wait and see what the Commonwealth of Va has to say about that, but I AM using in Court tomorrow. I think that about covers what is going on with me and I hope and pray that this case gets dropped tomorrow. The question that I have is, can I sue these people after my hearing, and is there anything else that I am missing?? Thanks so much for reading all of this, this site has been a wealth of information!
  7. I too need a copy of the 2008 Agreement, I'm going to court tomorrow... Crystal