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  1. 1. who is the named plaintiff in the suit? National Collegiate Trust 2. what is the name of the firm handling the suit? Patenaude & Felix A,P,C 3. how much are you being sued for? 28,xxx.xx 4. who is the original creditor?(if not the plaintiff) Union Federal Savings Bank 5. How do you know you are being sued? (you were served, right?) I was served 6. how were you served? In person 7. was the service legal as required by your state law? Yes 8. what was your correspondence (if any) by the people suing you before you think you were being sued? I sent them a letter to three different address
  2. I need some help with my reply brief for a Motion to Dismiss or Compel Arbitration. Here is the background: Card was originally issued by HSBC in 2008 and assigned to Capital One in 2012. I have used the card and made payments since the card was assigned to Cap One in 2012. The debt is approx. $3k. I was sued by Cap One in November in Az Justice Ct. After reading the forums here, I filed an Answer along with a Motion to Dismiss or in the alternative a Motion to Compel and Stay Proceedings. Basically, I argued that the 2008 HSBC agreement include an arbitration clause and I was invokin
  3. I'm attempting to clean up my debt rather than declare Bk, and I recently pulled my credit report and found an that a CA is reporting an old debt as current almost monthly. The date of my last payment was in 1/2010. The debt originated at a sporting goods store in Montana where I applied for a credit card. I was in Montana on a temporary work assignment, but lived in Arizona. I have since moved to North Carolina. The SOL in each state is as follows: Arizona (Where I lived at the time I got the card): 6 years (Changed in 2011), but was 3 when I entered into the contract (2009), as well as w
  4. For anyone not familiar with my case, you can read up on it here: The short version is Plaintiff filed an MSJ in August of 2013. The court denied that one. I filed a MSJ in February 2014. In response, Plaintiff filed a cross-MSJ with the same arguments from their original MSJ (that was denied) but the cross-MSJ was a much more brief version thank the original MSJ. The court granted their cross-MSJ. So that is where I am. I do not have a final order of judgment yet, but I will
  5. Im being sue by Dickinson Financial, LLC. For a Debt that was from USBank After reading afew post from others users, I believed SOL applies. I stop paying the credit card Mid. 2008 and got charge off on Sep. 2008. IF THIS IS A CARD THAT I HAD The balance was around 3-6K I don't recall correctly. Even thought here in Arizona Credit Card is 6 years Now, after a new law got pass on Late 2011. I need help, so what ever you could help me with I will be very grateful. Down Below I pasted the Lawsuit, I got till 29-30th to Response, Im not sure how to reply to this. IN THE SUPERIOR COURT FOR T
  6. Sued by: Midland Funding via Target Amount: $5617.36 (charged off with Target at $3500.00) Current state: Arizona I was summoned yesterday and was told that my husband would have to appear in court also (unless he's active duty military). He used to be military and now works as a contractor overseas and I only see him 4 times a year for 1 month at a time. What's going to happen? He's NOT able to come home unless it's within his approved days. This debt was charged off before we married. Does that make a difference? Update: Searching through, I've figured out this answer. It doesn't
  7. Hi Any advice? here are the basics Sued by Cavalry Served July 28th. . .. had 20 days to answer Provided answer on the 20th day (August 18th) Last day was Aug. 18th based on calculations made following court rules here in Pima. I also sent them the Answer certified mail. The Answer also showed on the court website minutes after paying the fee and filing. Certified the mailing on Aug. 20th. (Makes me think they did not even look at the court website to see if I answered) I received a copy from their offices today (Aug 22) I have ten days excluding weekends and holidays (according to the just
  8. Hello Everyone! Like so many, I'm being sued by Midland Funding. I would appreciate any help you all can offer. The process is overwhelming and I could definitely use the support. I've completed the questions below and have also included my Answer. One thing to note with my case: It took them 3 1/2 months to serve me so the courts entered a Pending Dismissal pursuant to Rule 4(i). That's why I did not file an answer right away. Does anyone think this makes a difference now? Is dismissal still possible?? Thank you very much for your time!! You all ROCK!! (No pun intended with the G
  9. I am in need of some advice. Can't quite find what I'm looking for so I will hope someone can help. My question is when it comes to discovery. I am being sued by Cavalry SPV I, LLC in Arizona. OC is B of A (FIA Card Services). I don't see where they have offered into discovery the original credit card application, or the language therein of the option to assign the debt. Not that I am going to bring this into discovery, but is this where I object for lack of standing in a trial? The debt has been through numberous hands at this point, and I thought they had given up when Cavalry reared their
  10. 1. Who is the named plaintiff in the suit? Cach, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Neuheisel Law Firm 3. How much are you being sued for? 9k 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) At front door 7. Was the service legal as required by your state? I believe so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if
  11. Hi, hoping to get some advice... I am currently being sued by a JDB in Arizona for an amount that is under $800 with their attorney fees. I responded by denying knowledge of the debt and provided a request for production which they have not responded to. A mediation was set up for a week from now, and I received a letter that they sent to the court titled "Plaintiffs motion to allow counsel to appear as sole representative: motion to appear telephonically". After reading through numerous posts, I know that at trial I do not want them or their witnesses to appear by telephone. But how about m
  12. I am hoping I can get some advice here, still not completely sure how this whole process works. I am being sued in Arizona. In my county, my initial response did not require me to list affirmative defenses or go through the admit/deny stage right away. I responded, and also sent a request for production. I got a huge packet today that includes every statement of the account. The account has been sold 5 times. Included in their response are all of the bills of sale (my account not listed, just the total dollar value of the collection of accounts), an affifavit of indebtedness, all of the accoun
  13. Here is my original post, but since this is slightly off topic, hoping to get a general idea of what I should say tomorrow during mediation. JDB will be participating by telephone. If anyone has sat through a mediation, please let me know what you said and how it went. I don't want to "reveal" all of my cards that I am planning on using, still working on providing disclosure statement, answering requests for admissions, and interrogatories. So as of now, the JDB hasn't rece
  14. Thank you in advance if anyone reads the facts of this case and offers input. I am being sued in Arizona by CACH, LLC (represented by the Law Office_______ for a little over $3,000. They are within the Statue of Limitations in Arizona for this debt. (I put in bold the actions I have taken, and questions I'd like to emphasize to make reading through the facts easier) I was served with a summons and I answered immediately simply requesting further debt verification; I did not verify or agree that I owed the debt. I filed a signed/notarized request with the court for the debt verificati
  15. Hello everyone! OK, so I think I'm ready to send my responses but would love some feedback. Also, should I send my Request for Production of Documents along with responses or send separately? Thanks in advance! COMES NOW the Defendant, appearing pro se, hereby makes the following responses to Plaintiff’s Requests for Admissions, Interrogatories and Production of Documents, as follows: 1. STATE YOUR FULL NAME, DATE OF BIRTH AND SOCIAL SECURITY NUMBER. The Defendant objects on the grounds that the information sought is harassing, irrelevant, and not reasonably calculated to lead to di
  16. Anybody aware of any case law against Unjust Enrichment in Arizona? Thanks!!