LeeR

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  1. Thank you guys again for all the info. There's so much to take in! Please let me know if anything else comes to mind!
  2. BTW, should I respond to the debt verificaton that I was sent with some type of "still in dispute" letter?
  3. Thank you gentlemen for your replies! I've been trying to search and study but it's a little over-whelming! I'll Keep trying! @ Racecar - There hasn't been a compaint filed yet that i know of. I just recieved the debt validation notice from them. Here it is:
  4. Hey guys, I recieved a phone call from a local attourney who also moolights as a debt collector. He is trying to collect a debt for Midland Funding LLC. That same evening I sent him a certified debt validation letter. While that was being mailed to him, I recieved a "debt validation notice" From the same collector. Once he recieved my debt validation letter he responded with a debt verification. The debt verification letter he sent me seems pretty generic and I'm not sure what I should do in responce or even if this is an acceptable debt validation letter. A little background. This same collector tried to sue me for a collection on a Chase account last year and I ended up just settling with him. His office is not very nice and they did not want to negotiate with me at all really, I ended up paying 80% of the original debt. So if I have any options I'd like to pursue them. Any info would be great! Here are the letters in order:
  5. Thanks for the help guys! The assistant actually quoted a total of $1200 and change. When I asked her why it was more than the actual comlaint, she told me it was due interest and legal fees Yes, apparently over here you do answer in person, and the thing that sucked is that the Attorney didn't even show up! I need to return their call and record it. That can't be legal right? I need to look into that!
  6. Copies of documents I recieved can be seen at the bottom of this post. So basically, I was served a complaint from Capital ONe in regards to a charged off account for a visa card in the amount of $920.08 plus legal fees. Per the complaint I went to court 2 weeks from when I was seved and I was to give me answer at that time regarding the complaint. I denied it of course and was then issued a second court date for a pre-trial. I was told by the judge to try and settle my caase with the attorney in the mean time. If we are unable to reach an agreement by that date, then we will be issued a trial date. The date for my pre-trial is 1/14/13. prior to my original court date, I called the attorney to try to settle. I offered $400 which his assistant, who by the way is not a lawyer, just a debt collector, countered with $720. I explained that if I had the money I would but I can only get $500. She said she would get back to me, but no one did and I showed up to court that following Monday. I think they were just hoping that I would not show and just get a default judgment against me. They have since called me about 3-4 times now, but I did not return their call yet. So this is where I am at. I have a little over a month to get things straight. What should my next move be? Here is my answers to Racecar's 20 Questions followed by a copy of my original complaint as well as the paper work issued to me at my original court appearance. Thank you in advance for any help you may be able to offer!!! 1. Who is the named plaintiff in the suit? -Capital One 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) -Marvin S C Dang Attorney At Law 3. How much are you being sued for -complaint says $920.08 but the lady from the lawfirm said its about $1200 because I have to pay their legal fees 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) -Came to my house 7. Was the service legal as required by your state? -I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? -I told them that I lost my job and would try to pay the debt back when I can. This was about 3 years ago 9. What state and county do you live in? -Honolulu Hawaii 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) -last payment was 10/2009 11. What is the SOL on the debt? -6 years 12. 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 -awaiting pre-trial 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) -No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. -No 15. 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? -I was just told to appear in court this Monday. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. -No evidence was provided, not even an account number COMPLAINT: PRE-TRIAL PAPERWORK:
  7. BTW, here is a link to the original complaint that was served to me: http://www.creditinfocenter.com/forums/collections/317627-please-read-my-complaint-need-tips-letter-denial.html
  8. Hey guys, I just got back from soending a few weeks vacation with some family and I'm ready to move forward with this as long as you guys are still willing to help me!!! So basically I have an court date for a "pre-trial" on 01/15/13. I'll supply a copy of the actual paper work that was given to me from the court. I am now getting calls from someone at the lawyers office, not an actual lawyer, but someone there from his debt collections. I have not answered any calls yet. I tried to settle with them before my original court date, but they stopped returning my calls. I'm guessing they were hoping that I would not show up on the original date and they would get a default against me. Anyways, what should my next step be? Should I still try to settle? I really don't have a lot of money right now as it is the holiday season. Any info one what direction I should take now would be awesome!!! Thank you again guys for all of your help!
  9. *UPDATE* I'm not sure if anyone here is still following this thread, but I wanted to thank everyone for the help I received in both of my threads!! So I went to court and found out that this was a hearing. The Judge was basically asking for everyone's answer to their respective complaints, and for those who did not show, a default judgement was made against them. What really irritated me was the fact that no one from the plaintiff's side even showed up! The Judge called me up and asked me to state my name for the record. She then asked if I admitted or denied to the claims (to which of course I denied). And then she set a "pre" trial date for Dec. 7th. She then asked if I had any questions and I did ask her if it was at all possible to extend my court date to a later time. Now up until this point I had been in the courtroom for the better part of 2 hours watching this Judge rip into other Defendants as well as Plaintiff's. While she wasn't exactly mean, she was VERY much "to the point" and didn't really mess around with any one So it took some courage to ask for a later date and I was very surprised that she responded with a "Sure you can!". And then she followed that answer up with a "When would you like to come back?". I asked her which date would be better for the court and she answered "It's up to you." I was watching this judge ream people all morning and at this point I started to giggle and surprisingly, she did too! So I just said how about the 2nd Monday in January. Her reply was "Done, see you back then!" I'm glad that part is over. So they handed me a paper with the new court date and some eneral info stating that we should still try to settle this out of court and if by the pre-trial we have not done so yet, then we will be scheduled an actual trial. Of course I will be bugging everyone here for help again, but I'll save that for a different thread. Thank you again everyone!
  10. Nice! You guys are aswome! Thank you again everyone for your advise. I'll report back on this post later today.
  11. Am I able to request a validation of debt during the hearing? As far as tomorrow goes, this is what I'm guessing is going to happen on my end. I am going to go early and submit my answer to the court clerk. I'll dress presentable and act humble/confident once in court. During the hearing I'll ask for a validation of debt? I'll ask about the legality of the document being that the notary did not actually sign and date the document? Is there anything else I can/should ask during the hearing? Anything I shouldn't say/ask? and I guess I'll just waute to see what happens. I'm guessing either the judge will find for the plantif, the defendant or schedule a trial? Lol, thanks again everyone, I'm just trying my hardest to not look like a complete a$$ during the hearing!!!!
  12. Thank you soooo much for the replies everyone!! The only thing I left out of the complaint was the last page and that just give the time and address as to which court I am reporting to. Other than that, you guys can see everything that I see. Can I use the things that you have pointed out to my favor tomorrow in court? EDIT: Btw, I'm not sure if this makes a difference, but that page with the missing notary info is a Xerox copied page. It is not a true embossed notary stamp.
  13. Hey guys, I know it's the weekend and traffic here is a little slow. I am just hoping to get a little help with my letter of denial. I guess my main issue is that I am supposed to go through each point/paragraph and admit or deny each one. But the paragraphs as they are written do not seem like anything that I CAN admit or deny to with the acception of paragraph 3 and possibly 4? So it seems to me my letter would be kinda like this... My info, the plantif's info and the court info at the top paragraph 3 with a denial paragraph 4 with a denial And that's pretty much it? Sorry to bother you guys with this, I know it's not your problem but any help would be greatly appreciated!!!!
  14. So I am headed to court tomorrow and I could really use a little help on how to write an acceptable letter of denial. Thank you again guys in advance for all of you help!!!