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  1. Hello. I have an old debt with Kay Jewelers (credit card account). November 2014 was contacted about debt (and not knowing what I know now) paid the debt and thought it was over. Never received any confirmation of the debt or that I paid it. The only proof is the amount on my back statement. Fast forward to August, I begin receiving calls about the debt mentioned above from a company called RW Financial. They state that they own the debt and that I must pay, or they will take me to court for the amount. I began by calling Kay and following the companies that bought the debt till I learned that this debt has passed the statute of limitations and that the clock started 7/9/11. How do I get rid of this company and avoid going to court? I would like them to stop harassing me. I found this letter in the information on this site and wondered if it would help to send to RW Financial. "Date Your Name Your Address City, State Zip Collection Agency Collection Agency Address City, State Zip Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: I am continually being called on the telephone by your firm over an alleged (fill in the amount) debt. According to the information given to us by your firm, the date of last activity by the original creditor was (date). The State of Limitations on this alleged debt, even should it be ours, is X years in the state of (your state). Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute: [15 USC 1692e] (2) The false representation of -- (A) the legal status of the alleged debt and ( any services rendered or compensation that may be lawfully received by any debt collector for the collection of a debt. I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and, therefore, you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA, I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me. Sincerely, Your Signature" Thanks for all of your help.
  2. Collection Agency sends letter on small debt but corporation dissolved. The bank account was closed and the corporation was dissolved even before the account was in collection . I am not sure why they show the old corporation and not the new one that the account was under. Its a smaller debt under $350 The sol will run out beginning of 2016 I am more concerned with them reporting it on CR I sent the validation and they responded with statements from the OC but statements covering one year. I doubt they would sue but may report to CA- not sure Should I make an issue of this corporation no longer being in existence- If I can still find a statement with the other corp name what should I do with that?
  3. Hi I'm new here and am at my wits end on what to do. In 2008, I got a $13,000 personal line of credit from Beneficial. I was paying extra every month for insurance in case I was unable to work due to an injury etc. Well, I broke my leg that year, and asked to have the insurance coverage be put into effect. They denied me because I was self employed. Funny thing is, they knew I was self employed when I got the line of credit. I fought it with a lawyer, and they dropped it. Then, on December of 2011, a judgement was entered against me for $14,996.94. I have not been able to make any payments, plus I feel that they are at fault for charging me insurance when they knew damn well I was self employed. I just received by mail in my mailbox, a new court document. It is a "Challenge To Garnishment", and attached is the writ of garnishment that I never received before, and in that writ it states," A judgement was entered against the Debtor for the debt, or the debt otherwise became subject to garnishment, on January 8, 2011." I never got that set of paperwork either. The new requested amount is $42,242.47 The statute of limitations in the state of Oregon is 6 years. We are at 7 right now. What do I do? I am a single mom, full time student living on financial aid with no savings, nothing. I get $150 a month in child support for two teenage girls. Barely scraping by. What can they garnish? I don't have a job! Please help me, I am still going through a nasty divorce, and really don't need anymore court apperances, they are getting in the way of my education. Thank you!
  4. I was served this (Sheriff left the packet by the door and then mailed me one page Summons). The plaintiff is a debt buyer and the attorney is just the owner of one of the owners of the JDB. I would really appreciate it if I can get help regarding answering this Lawsuit. I need to answer it first and then later address the affirmative defenses and possible counterclaims. I don't have anything on account. Not sure even if there are the same last digits of the account that they mentioned so I am not sure of the SOL. Please find below what I received and help me draft an answer. I did have a CITIBANK card a long time ago but it had a limit not even half of the JDB is alleging. This is in Massachusetts and no form required. I have to answer within 20 day. However, I only have about 10 days left for this and would like to be done with it ASAP as I have not have any sleep since I got it last week. xxxxxxxxx is a debt buyer and does not have to be licensed in Massachusetts since a Lawyer is representing them. The Lawyer office is the collection company and in fact he is a member of the company (may be sole owner)/. xxxxxxxxxxx is registered in Massachusetts. Thank you very much for your time and help Complaint: xxxxxxxxxxxxxxx, LLC as Assignee of CITIBANK, complaining of the defendant,XXXX Alleges as follows: 1. Plaintiff is a New Hampshire Limited Liability Corporation having a usual place of business at xxxxxxxxxxxxxxx 2. Defendant is an individual xxxxxxxxxxxxxxxxx Middlesex and the commonwealth of Massachusetts Count I: 3. The defendant entered into a credit card agreement ("agreement") account number xxxxxxxxxxx5400 with plaintiff or its assignee/predecessor 4. Under the terms of the agreement,plaintiff agreed to extend credit in consideration of defendant's promise to pay a specified monthly amount. 5. The defendant failed to make payments as they came due, thus defendant was in default of the agreement. 6. Citibank, NA assigned all of its rights, title and interest in the account to plaintiff. As a result of the above, Defendant is now indebted to plaintiff in the total amount of 12K Count II: 7. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs 1 through 6 inclusive of the complaint as if set forth herein in full 8. CITIBANK, NA, Plaintiff's assignee, conferred a measurable and valuable benefit on Defendant by allowing him/her to use credit card to obtain goods,services and other valuable benefits. 9. A reasonable person in Defendant's position would have expected to compensate CITIBANK,NA for using its credit card to obtain valuable goods and services 10. CITIBANK, NA provided the benefits to Defendant with the reasonable expectation of being paid. 11. To date, Defendant has failed to compensate Plaintiff, or CITIBANK, NA, for the benefits received. As a result of the above, Defendant in indebted to Plaintiff in the total amount of 12K
  5. Hey all. I'm in a bit of a predicament. Let me start from the beginning: My daughter was born last February with an extremely rare skin condition. My mother agreed to help out by taking over my card payments. She didn't and waited until they threatened legal action to tell me. I called them and got the legal action dropped. Lesson learned, but now what? My credit rating is in shambles and I'm going to have to pay a ridiculous monthly payment to get back on track. My balance is almost $3,000 at this point and with a little one with a rare medical condition, I can't afford those kind of payments. So my question is: what's my best course of action that won't cost me an arm and a leg? Personal loan? Balance transfer to another card? I'm sure it'd be difficult to get either at this point, let alone anything that's not going to kill me with interest and fees. I can afford the typical monthly payments, but what they want me to pay now is going to be very, very difficult. I'd love to just nix the card I'm on at this point and start over, honestly. Thanks for your help.
  6. Hello, I got my first credit card in 2012. For the first year I was paying it off just off fine, I was working on building credit. In August 2013 I moved from Nevada to California and lost my job shortly after. So I ended up having to use that credit card until I got a new job a two months later. On top of the credit card I have a card payment(under my moms name) that I had to always pay. Also a student loan that lets me pay very little. With my new job I wasn't making nearly enough to pay for everything. So I had to stop paying my credit card. I've had a rough few years trying to pay for the basics while working a low paying job. I'm finally to the point when I can pay off my old debt. Last year I got two letters from the collection agency that now has my debt. However because of moving a few times I haven't been able to find the letters they sent me. I'm not quite sure what to do now. I really want to pay it off, so I can start working on getting my credit back up. Would I be able to call my old credit card company and figure out what collection agency has my debt? Thank you for your time.
  7. Hi, Last summer, I went to the ER and was billed for three services - the ER facility fee, the ER doctor's fee, and the fee for the CT scan I received. My insurance paid the ER facility and ER doctor's fees, but did not pay for the CT scan. My insurance company covers almost everything, and they've never denied a claim before - they're stating that they have never even received the claim for the CT scan, and therefore certainly didn't deny it. I discovered this after it was posted to my CR by a JDB. I contacted the JDB, and they agreed to remove it for 60 days but would place it back on my CR if the bill was not paid by that point. The JDB also stated that they would contact the radiology firm and ask them to *correctly* bill it to my insurance company. I've asked the JDB to send me a copy of the bill so I can attempt to send it to my insurance company to have it rebilled, but they've not sent one to me. The issue is, I'm certain that the radiology firm incorrectly billed my insurance company, and they essentially refuse to rebill them or give me a copy of my statement so that I could have the opportunity to either pay it or send it to my insurance company for reconsideration. I've asked the JDB and the radiology firm (had to email them as they don't have a public phone number) to resubmit the bill to my insurance, but they're both essentially playing dumb and saying that it was declined by my insurance - which again, even if was declined, there's no reason why they can't resubmit it - they're really making it difficult for me and I'm not sure what to do at this point. It's the only negative thing on my CR and I'm really upset about it as all it would take was a simple rebilling to get this situation resolved. Advice?
  8. Please help me reword my discovery answers and find better ones. In particular, can the plaintiff force me to sign an agreement for them to look at specific bank statements? 1. Who is the named plaintiff in the suit? Portfolio Recovery Assets 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sean Hadican, #56131 Arturo A. Hernandez III, #59684 Clinton P. Woerth, #53825 Shelley R. Porter, #59294 Counsel for Plaintiff Arturo A Hernandez III, #59684 showed up to first date. A different lawyer showed up to one court date. He said he was paid to attend by the law firm. 3. How much are you being sued for? roughly 1600 4. Who is the original creditor? (if not the Plaintiff) BANK OF AMERICA / FIA Card Services 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? I believe so as the Sheriff served it 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? Cannot remember 9. What state and county do you live in? Cole County, Missouri 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I do not know. 11. What is the SOL on the debt? To find out: 5 years in MO Statute of Limitations on Debts 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 - when you find the online court site, search by case number or your name). Have recieved Plaintiff's first discovery. Had two court dates. Third scheduled. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, should I? 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Responded on time to complaint with answer. Received discovery, have roughly 20 days to respond to that. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Complaint included: Complaint on the basis of account stated Affidavit Bill of sale without attached spreadsheet, no mention of name A credit card statement addressed to me, but does not include charges only a balance. Servicemembers relief act status report (not in armed forces) DISCOVERY (redacted, names account numbers and case numbers by deletion which may result in some incomplete sentences or answers) REDACTED DISCOVERY ANSWERS AS I UPDATED THEM ALMOST ENTIRELY
  9. We are residents of Orlando, FL and need help with medical debt for lab test. In summary - the test was performed in Nov 2012, and the insurer had pre-approved this out-of-network lab as in-network - the insurer and lab went back and forth over the bill and are still going back and forth over the bill, now with my employer’s HR involved - we never received a bill from the lab, despite us updating our address with them and USPS with our new address - On March 17, 2015, we received notice (dated March 10) from a collection agency for a $19K debt that includes $2600 of interest - The lab claims they cannot take it back from the collections agency - Lab has not responded to a request for the debt amount; instead, they sent a patient ledger dated Apr 8, 2015 that shows patient responsibility of zero for every test; note, they do not have a phone My questions: - Other than a request for debt verification to the collection agency, what should I do? - Who do I negotiate with, the lab or the collection agency? - Does the fact the insurer is still working on it (based on contacting the employer again) have any relevance? - Is there a risk they could damage my credit score? Details: On March 17, we received a letter from a collection agency, claiming medical debt of $ 19k, that is inclusive of an interest amount of $2,600. The lab is located in Atlanta, GA. We received their services (a series of lab tests) for our son in November 2012. I have a family health insurance plan that is self insured by my employer, which is a large corporation, and administered by a TPA insurance company. Although the lab was originally out-of-network for the insurance company, we managed to obtain pre-approval for these services to be given with in-network benefits. In fact, the lab only agreed to perform those lab tests that were preapproved. We were expecting to pay nothing more than any applicable copay, coinsurance, etc. The insurance company denied many of the claims from the lab. The lab ended up filing a large number of appeals to the insurance company, but the claims remained largely denied. In January 2015, the lab turned the account over to the collection agency. The collection agency made their first communication to us on March 17. Pertinently, the lab seems to have turned the account over to the collection agency without sending us any billing statement that indicated that we owed them the sum of money that the collection agency alleged. After getting the letter from the collection agency, we promptly wrote them back, disputing the debt, mentioning that no statement was sent to us, and asking the collection agency to validate the debt by providing relevant documents. We are still awaiting the validation documents from the collection agency. Then we contacted the lab by mail and email (they don’t accept phone calls), basically asking that we resolve the issue with them directly and not the collection agency. In reply, the lab alleged that they sent it to our address. We have a hard time believing that because we moved to a new address in June 2013 but updated both the lab with our new address and USPS. Furthermore, despite communicating them with E-mail frequently, they never replied that way (granted, billing is often handled by a third party company) or called us. The lab also mentioned that they cannot retract the account from the collection agency but can request them to not report my credit account as we work on resolving the issue. Pertinently, the lab did not send us a statement indicating the debt amount even as we emailed them with a request to send it to us. Instead, they sent us an itemized patient ledger dated April 8, 2015 showing every lab test that was done, along with the cost, amount paid by insurance and patient responsibility. Interestingly, the patient ledger shows zero amount in the patient responsibility field for each of the test and does not indicate any overall patient responsibility. In short, the patient ledger does not validate the debt amount being claimed. At this time, we are unable to decide in which direction to pursue the matter. What options do we have now? The collection agency has not reported to the credit bureau yet. I am willing to make a settlement for a fraction of the original debt, say up to 30% (give or take), with the collection agency. However, should I hold off because the debt may not be theres. Or should I negotiate with the lab? My fear is they already turned if over to the collection agency. And what if the insurance company does pay off the provider? I would appreciate any help
  10. My question involves collection proceedings in the State of: New York On the nycourts website it states "The statute of limitations on a store credit card (like a Macys card) is 4 years". I had a sears store card (not a visa. etc) . Does this apply to me? https://www.nycourts.gov/courts/nyc/civil/consumercredit.shtml Thanks
  11. I had an administrative citation that was sent over to Financial Credit Network that was $55. They added interest, so now it is $76.24. I sent a Pay For Delete letter with an offer of $50. They refused it stating that they would only accept the full amount. Before sending the Pay For Delete letter, I called trying to settle. The first person said that they could only take it down to $71 so I hung up. I called and asked to speak to a supervisor right away and the "supervisor" said that they could only take it down to $65 and some change. I told them that the debt was from 2012 so it wouldn't be too long until it just fell off and they said that would be my choice. That's when I decided to send the letter. When I received their rejection letter, I called the original creditor (the County I used to live in) and they said that it was sent over to FCN and they were allowed to add extra interest so I would have to go through them so they could receive the extra money they are entitled to. I was thinking of sending another letter with an offer of $60 but I'm not exactly sure if that's the best option? Should I sent another letter or wait for it to "fall off"?
  12. Hello All! So, I currently have a mortgage that I've been late on several times in the passed due to hardship and some families issues that were going on at the time. Heres the situation The orginal Loan servicer has about 5 late payments and has been transferred/sold. The second Loan Servicer has 1 late payment and has been transferred/sold to a third Loan servicer. So my question is how can I get the late payments removed or possibly both accounts since they were transferred/sold to another Loan servicing company?
  13. A big factor in my low credit score is the fact that I currently have too much debt. Luckily I don't have any collections, judgments or anything too nasty (other than dreaded late payments this past fall) to worry about. I am wanting to start paying down my debt but I want to do it in a way that will help my credit score improve. I have various credit cards as well as loans, some loans are through banks, some are through other lending institutions like Security Finance, Sun Loan, etc. I've read that loans aren't revolving lines of credit like credit cards are, therefore credit cards that are maxed out are more detrimental to your score. Not sure if this is true, but I wanted to make sure my debt payoff efforts were going to work the best in my favor. Do I pay off credit cards first or loans first? For me, paying off my loans would help a great deal, as they have payments ranging from $75 a month to $193 (car payment) a month. My highest minimum credit card payment is $50. I've also read that getting your credit cards down to 30% of their credit limit is also a key factor. I'm just not sure where to start. Thanks in advanced for any advice!
  14. 1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?
  15. 1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?
  16. My husband has JP court tomorrow in Texas to defend himself in a lawsuit. He was served with the Plaintiff's Original Petition and attached is one statement showing the balance, previous balance, late fee and interest charged. Filed a General Denial and there has been no discovery or contact from Midland Funding. He is due in court tomorrow morning and I have researched this forum and am aware of the defenses of proof a valid contract exists, proof of standing (ownership/assignment), proof that the claim is not barred by the statute of limitations. However not sure how things will proceed in court. Prepared to object to any documents they try to admit to the court. Can someone tell me how the court proceedings in the JP Court goes and if he will need to state his defense in the beginning. He is being sued on Breach of Contract and Account Stated and I have researched this as well. If anyone in Texas could provide more detail as to what will happen in the JP Court and what to expect. Thank you.
  17. http://www.nakedcapitalism.com/2012/08/judge-90-of-credit-card-lawsuits-cant-prove-borrower-owes-money.html Make sure to read the end of the article about Discover card
  18. 1 in 3 U.S. adults have 'debt in collections' http://money.cnn.com/2014/07/29/pf/debt-collections/index.html?iid=HP_LN&hpt=hp_t2
  19. I noticed on my credit report that BOFA whom I still own money ran my credit again, it seems like they may be getting ready to sell my debt to a JDB. I have not made payments on the card since august of 2011. I was wondering if I would get a favorable settlement deal if I tried to call them and settle before it’s sold? For the sake of my credit rating I was thinking of reaching out and making a deal instead of waiting for it be sold to collection company or a JDB and having to deal with them again and risk getting additional derogatory on my credit report? Any thoughts, opinions, recommendations?
  20. Ok so I had this debt validated last year and am trying to figure out how to remove it from my report. I have seen other people on other forums handle them by sending ITS and claiming that just about everything they reported to the CRAs is in violation. Below is a screen shot of the TL. They claimed it worked to point out that the way it was reported was a violation of section 807 & 808 i.e. listing the terms as 1 month so that Experian keeps adding KD every month until it drops off is a violation I have no contract with MCM to pay this on a 1 month term and by them reporting it this way was to cause as much damage as possible, or how its listed as an open account on two of the CRA when I have no contract or agreement and this type of account could not be an open account like it is with a credit card. Anyways is there any truth behind this? Could I push hard to get this removed based on the way they reported it? If not what are my other options? Oh and this debt is now past the SOL for Texas. The original FTP was reported by the OC on billing statement as 8/2009 Thanks
  21. Hello everyone, First off, I'd like to say thank you to the magic of the internet, but also this site in particular. I'm a long-time lurker, and this is my first post. I was brought to court by Velocity Investments, LLC for old, junk, credit card debt. I believe I made some good decisions as well as some bad decisions along the way, and I'd like to share my story here. I found a lot of other people's stories helpful to me in my case, so I feel I should return the favor and write a very detailed account of my case. If I feel I have helped even one person, I'd have done my job here. I appreciated all of the help these forums gave me in preparation to my case. So, In February of 2014 I was mailed a summons to appear in court in June. The Plaintiff was Velocity Investments, LLC, being represented by a somewhat local law firm who is located closer to Boston than central Massachusetts (where I live). I had never heard of Velocity Investments, LLC. If they had tried to contact me, they had failed. I also am in the habit of never picking up my phone if I am unfamiliar with the phone number. If they had spoken to me on the phone though, I would have never admitted that I owed them anything. The one regret I have pre-summons is that I never sent them a debt validation letter. If I had been contacted by them via mail, or through a voicemail, before the summons was delivered to me, perhaps this would never had to have gone to court. A couple of wonky things I noticed about Massachusetts Small Claims courts...The summons does not have to be delivered by Certified Mail. If you've moved around and the debt in question is old, they are probably sending you a summons to your old address. Thankfully I still reside at the same place and I did receive the summons. In Massachusetts, I also noticed that the instructions for filing an answer might as well be hidden in one of those Magic Eye hologram books. The front of the summons simply stated who was suing me, and when my court date was. It did NOT allude to anything about sending in an answer on the front of the document. There were no attached files from the Plaintiff. the only thing in the Claims section was a small typed paragraph showing the last 4 digits of an account number, an amount of $6,621 being owed, and a date sometime in 2010 as being the date of last payment received. Immediately I took to the internet for advice. This is how I learned that I had to submit an answer. On the back of the summons, a few paragraphs down, in tiny type, were the instructions on how to submit an answer to both the court and the Plaintiff's attorney. I did type up an answer to the summons as follows: "I, the Defendant in the above referred-to Small Claims Action, understand that in this answer, I must state fully and specifically what facts set out in the Plaintiff's Statement of Claim I deny, and what facts I admit, and I do so as follows: I deny each of the Plaintiff's allegations int he claim. Affirmative Defenses: I do not owe this debt, I dispute the amount claimed to be owed, I have not entered into a contract with the Plaintiff, I have not received adequate documentation to show that the Plaintiff has standing." I sent one to the court and one to the lawfirm of the Plaintiff via Certified Mail. Shortly thereafter, I received a letter from the law firm offering to settle for a lesser amount. I laughed and ripped it into pieces and threw it away. So, here comes the hearing, which was exceptionally unconventional. It's a small, rinky-dink court house in my home town, but I saw about 20 other people who I assumed were here for the same thing. The odd part, I thought, was that I only picked out 3 or 4 people who looked like lawyers. I thought, "Good! Maybe they didn't bother to show!" The small claims defendants and plaintiffs were called into the courtroom together. The magistrate presiding over the hearings started calling out names on a list to account for attendance. It's true. A LOT of people didn't even show. Each time a name was called, and the defendant was not in court, you would hear the magistrate say "default judgment for the Plaintiff." as if he has said this same thing over and over again thousands of times. I was paying attention to everything and I was starting to get very confused and upset. Those 3-4 lawyers up front seemed to be representing ALL of the Plaintiffs from all of the cases. how could this small handful of lawyers be representing all of the different companies who were suing people today? It didn't make any sense and I was starting to get really angry, quite frankly. If I have to show up or else face a default judment against me, it doesn't seem fair that the Plaintiff and the specific team of lawyers they hired don't have to be there. Instead this handful of lawyers were just picking up the cases. How does that make sense? I was fuming! After attendance was recorded and default judgments were placed against all of the no-show defendants, the magistrate called into a recess, and said that we could "have our discussions outside" and then come back in. We left the courtroom and the lawyers scattered to talk to people about payment plans. I noticed one lawyer in particular who had a very large file binder. This poor dude was trying to settle and have talks with just about all of the defendants one by one. Yeah, I actually did feel bad for him. He was running around like a chicken, and with no real private place to talk a midst all of his paperwork, he was taking people over to a small hallway and using the top of a garbage can as a work desk. That stinks for him. (No pun intended) Eventually, 20 minutes later he called my name. I went over to his dumpster desk and introduced myself. I also asked him..."What's the deal with Kream and Kream? (the Plaintiff's lawyer team) Did they just up and decide to not show up today?" He gave a nervous laugh and just said "Well, I am the Plaintiff today." No further explanation. At this point, with my suspicions verified that neither the Plaintiff, nor the lawers representing them on my paperwork were present, I was very, very upset. The lawyer pulled out a file folder on my case that seemed quite large. He asked me questions concerning a Citibank Sears card and asked me if this was the debt I was being sued for. I said "Well, supposedly. That's what it says on my summons. But I don't owe this money, so, I'm sorry, but, I'm not going to pay a debt that is not mine." He recited a date of last payment with the amount paid, along with the remaining amount due. He told me I still owed the amount due to the new company who owns the debt. I told him that I had previously paid off this debt in full, and that, even though I am sorry to make his job a little harder today, that I will of course not pay a debt that has already been paid off in full. He then asked if I had any paperwork that showed that I paid the debt off, as he pulled out a copy of the last statement that was on file from 2010. I'll admit, at this point I started feeling a little scared. He had a file folder full of papers on this. My file folder only contained two things; a copy of my Small Claims answer, and my actual summons. I had nothing else with me and no proof at all that the original debt was actually paid. I told him that I do not have any proof on me, but that the debt had been paid through Sears' collections dept years ago and I had no record of it. He seemed frustrated for a second, but then polite and friendly and just said "Okay. We'll be taking this to the magistrate then. I do have a couple more people I need to speak with, but once that's over we'll go in for your hearing, okay?" Me and my boyfriend sat back down on a bench and waited for him to finish up with the rest of the defendants. I had a surge of thoughts and emotions running through me. Regret that all I had on me was court documents...but confusion on what else I could have brought with me. I had nothing to show for myself, and who knows what else was in that large stack of papers he had with him. Regret that i didn't ask for Discovery as the laws in my state had me confused about it so I just didn't bother. Anger at the fact that the Plaintiff and lawyer team representing them didn't even show. Mixed feelings about the lawyer who was going against me. He seemed friendly enough. He was polite and courteous as I had been with him. And I did feel bad that THIS was what he was doing today. I imagined that he hated his life. My thoughts towards him could be summed up by saying "You're a nice enough guy. Sorry this has been dumped on you. But I want to destroy you in the court room." I heard him talk to the magistrate in the hallway. He told him that everyone was being taken care of, and that he had one hearing he was going to be bringing in. WHAT?! All of those other defendants made arrangements to pay. I was the only one fighting today. At this point, I felt incredibly unprepared, but also READY. It's a strange feeling. In the court room I stood by the answer I had given to the court. I desperately wanted to bring up the fact that technically, the plaintiff nor the lawyer's representing them were not here, and question the practice of this one lawyer picking up all of the cases in court today, but I was honestly unsure on how to properly address this issue in court. I stood by my answer that the plaintiff had no standing to sue me for this debt, that I had not received any AUTHENTICATED (yes, I emphasized that word) documents to show that I owe this debt, and that I owe it to them, and that i had previously paid this debt off. The magistrate asked me for documentation for the payoff. I told him I do not have it. The magistrate seemed frustrated by my audacity to come in with my proof of payment. I explained to him that the payment was made years ago, when I had a different bank account at a different bank. the debt in question had gone to Sears card collections, and as a last-ditch effort, they offered me a settlement about of $3,000, about half of the amount of the original debt. I paid them the money, and then didn't concern myself with it. I also told him that I tried to contact Sears collections and that they would not speak to me about it at all, saying that they do not have record of anything and they cannot help me. The magistrate then tried to explain to me that if the debt was sold, they would no longer HAVE record of it. That the debt was sold to X-company, who then sold it to X-company, who then sold it to the Plaintiff, who is suing me today. I acknowledged that I understood how debt can be bought from companies, but that they may have sold a debt that was actually paid for, and now Sears won't talk to me about it because it was sold and they no longer have record of it. The magistrate again seemed....frustrated. defeated by how fragmented and uneasy this case was. He explained to me that the Plaintiff did have a bill of sale. I expressed that the bill of sale is not authenticated nor an original document. The magistrate seemed disinterested in what I had to say. The lawyer seemed upset and stressed. He scoffed and started hurriedly going through his papers. He seemed defensive. At this point I began to think that I was going to lose. Period. The magistrate then asked the plaintiff (if you can call him that) how much of the amount owed was interest. The lawyer was scrambling through his paperwork some more and finally said "$300." The magistrate looked at him like he was nuts and said "That can't be right. Not with $6,000 owed. At such a high interest rate. How can that be right?" the lawyer repeated that the interest included in the amount due was listed as $300. The magistrate had his head in his hands. He was officially not having a good day at this point. "You can't tell me that the amount of interest in that debt is only $300. It's simply not right. There's something really not right with this." There was an uneasy silence. The magistrate then said "It's not my job to do this, but it looks like I am going to have to. I'm going to need to take some time to go over these numbers and figure this out. Because the amount of that debt that is interest you're telling me is not right and it cannot be right. It just doesn't make sense. And now I have to be the one to make sense of it." He looked at me and told me that I would receive the judgment in the mail within 5 days. And then it was all over. I left the courthouse feeling very confused and definitely feeling like things did not go my way. I was expecting to see a judgment in the mail in a few days that told me I owed $x amount of money and I would have to appeal the decision. I left upset that I was unable to put this behind me. Who has a hearing and then leaves not knowing the outcome? It didn't take 5 days. It took about a week and a half. All the judgment said was that the judgment was found in favor of the defendant, and the plaintiff had no right to appeal the decision. I am SO happy! Unfortunately, I have no way of knowing what exact details led to this decision, as I wasn't expecting this outcome at all after appearing in court. If I had to guess, the numbers didn't sit right with the magistrate. If he didn't trust the numbers, how can he even trust the entire case? He certainly didn't seem to care (or show that he cared) about original documentation. He was very dismissive of the things I was questioning. I certainly didn't play all of my cards the way I probably should have. I did some things right, and I did some things wrong. But I wasn't afraid to fight anyway. The biggest piece of advice I can give to anyone, although it seems small, is to bring someone with you. If I had been waiting in that courthouse hallway all alone, I may have not had all of the confidence that I did that day. Just simply having my boyfriend with me for moral support gave me comic relief while we sat around doing nothing while waiting for everything. If I was alone I would have been stressed and more worried. Having that one person there who is 100% behind you puts a whole new spring in your step. I was amazed at how unafraid I felt while discussing things with the lawyer and then again while addressing the magistrate. Even if you have one person who is behind you, waving a flag in support of you, it can add a whole new level of self confidence you didn't know you had. Good luck fellow debt-fighters. I wish you all the best of luck in your fight!
  22. Hi everyone, A summons was left for me today sticking out of my apartment mailbox. There is a space that says "Date of service (To be inserted by officer on copy left with defendant or other person)" which is blank (since it wasn't left with a person at all). Is that an appropriate way to be served? There are also two copies of the top sheet (the YOU ARE SUMMONED one). The lawsuit is from PRA and is regarding a credit card account that they apparently bought from GE Capital Bank/Gap. The complaint has my name and the county I'm a resident of, a statement saying that I opened a charge account with ge capital bank agreeing to make monthly payments, a statement saying PRA is "the successor in interest of said account... having purchased said account... in good faith and for value", a statement saying I did make purchases and charge the account but failed to make payments and the balance (>2500) "(See Client affidavit as Plaintiff's Exhibit No. 1)" and lastly a statement that the plaintiff declares me to be in default and demands payment of balance. Then there is "Exhibit 1" an affidavit from Virginia (I'm in IL?) signed by a notary public that "affirms" 6 points: 1 she is competent to testify, 2 she's an authorized employee of PRA and authorized to make statements on behalf of PRA about the records transferred to them from GE Capital Retail Bank/Gap which have become integrated into PRA's business records. 3 according to the records the account and all proceeds are owned by PRA, all of the banks interest in the account having been sold, assigned and transferred in 2012 and saying PRA has been assigned all of the banks original authority to do and perform all necessary acts for settlement. 4 that according to the records there was >2500 (edited exact amount) due (with the last 4 digits of the original account number) and owed as of 2011 and the last two aren't really relevant info to this post. There's no other information or proof, no DV or anything like that. I'm thinking my next step would be to call their lawyer and talk to them about a payment plan to avoid the suit going forward. Would this be a proper next step? I have very, very limited income and no consistent paycheck, I don't own any assets (house, car etc.) or have any money in the bank. We (family of 4) just live on the money we get, pay the rent and the bills and that's all we have. There's an appearance fee of $186 that I'd have to pay just for showing up to respond to the suit, even that is going to be a struggle to pay. I also read this: http://ficoforums.myfico.com/t5/General-Credit-Topics/Sued-by-a-Junk-Debt-Buyer-Portfolio-Recovery-Associates/td-p/2296511 about a woman who had argued that she never signed a contract with PRA and so owes them nothing (or something more polite to that affect), does that hold any water? Would that be an option should we end up in court? Advice would be more than appreciated. Thanks! Edited to add: If calling them tomorrow is the right thing to do, how should I talk to them, what should I say and not say? Edited again for the questionnaire: 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) BHLM 3. How much are you being sued for? See original post above. 4. Who is the original creditor? (if not the Plaintiff) See original post above. 5. How do you know you are being sued? (You were served, right?) Kind of served, summons was shoved half into mailbox and half sticking out. 6. How were you served? (Mail, In person, Notice on door) As above. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint As understood (for IL) they are meant to leave it with a person, I'm not sure what point 3 means. They left it shoved into the side of the mailbox, which doesn't seem appropriate to me, but I may be wrong. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. Possibly phone calls which were blocked. 9. What state and county do you live in? IL, USA. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe it was 2010 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 5 or 10 I'm not sure. 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 - when you find the online court site, search by case number or your name). - 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? No questionnaire, no answer requested because of amount, but appearance required in 16 days (2/20) with fee of $186. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  23. Here is a good article on this (FDBPA http://blog.nationallist.com/2013/08/01/new-california-debt-buying-practices-act-fdbpa-could-affect-you/
  24. Hi, My debt consists of two credit cards, bank of america $1400 and chase $436, so about 1900 total. i didnt make a payment about for over 1 year and 6 months. could not. now i m good and i have the money to pay it all in full. the debt is of course in collection. i dont know which collection agencies have them, they show on my credit report as charged off. my credit score with the three agencies is about 584. with this thing on my record, i cannot even get a bestbuy or any department store card. i have two active cards in good standings never late, AMEX and Capitole one. How should approach, should i call the BOA and Chase and settle, would they settle for less? and i want this deleted from my report. what is the best way? please advise Thanks M
  25. I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescinding their request for sanctions. As of yesterday I have received another request for sanctions because I haven't given them the bank records. Can they do this???? I never saw a motion to compel, never had the chance to dispute the motion and the court just stamped a order for me to provide documentation!!! If I provide the information will it destroy my case? I have been fighting the case based on the fact that the plaintiff has not provided me with any proof they own this "debt" and have only provided me with copies of an electronic statement with transactions and my name/address. I sent them a discovery request for proof of ownership and they came back stating that I didn't submit my request correctly so they didn't have to answer me. As far as I can tell I did submit it correctly. If they had the proof they needed wouldn't they have just requested a trial and been done with it? Thanks for any help someone can provide!!!
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