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  1. Please help...... I was served on April 6, 2017. I tried to call PRA on the 14th and 17th of April. Once I went to their website and put in my information I called and actually got a person. I now know I shouldn't have. I went to file my answer on the 17th. The process server had not put it in the system yet. I believe the 14th day is the 20th. The amount they say I owe is $996.25 from World Financial, Ann Taylor. There was no statement attached to the citation or any evidence attached at all. It also states that I made my last payment on or around December 12th, 2013. I don't know how to write my answer. It is with the court in Montgomery County. I called and offered $200.00 to settle and keep it out of court. They would not accept. They said all they could offer was half $497.00. Any advice is greatly appreciated. This is a small town. Willis, TX. If they produce copies of statement I think the judge would accept as evidence. I would like to object, per federal rules they have to provide original bill of sale. In Texas the judge can accept what he feels is evidence.
  2. Introduction: Sued by JH Debt Portfolio Equities, LLC (JDB2), debt purchased from Oliphant Financial, LLC (JDB1) whom purchased from OC (Capital One) Account and Debt are unknown to me (Pro Se Defendant) Responded to Petition with General Denial and Special Exceptions, requested Disclosures from Plaintiff (required multiple additional requests to comply to get documents) Responded to Plaintiff's Request for Admission with Denials. Current Delimma: Plaintiff (JDB2) filed Motion for Summary Judgment. In the motion the Plaintiff specifically refers to Bussiness Record Affidavit and an Affidavit for Attorney Fees. The motion fails to enumerate the facts at issues and which pages of attached evidence address the facts, it does have documents attached as evidence, all of which fail to show a direct link between the Plaintiff and account. (Attached) How do I specify issues of fact and objections if the motion is stated in a general manner? Strategically, if I go through all of the pleadings and motion and identify related evidence + weaknesses I do myself a disservice. I would be stating the grounds for their case, giving them all the info they need to strengthen their case, and it providing them with information regarding my strategy, knowledge base, and abilities. Can someone please help me with how best to address this issue? I know that I can request revisions by specifying things that are vague or ambiguous, but that my request is too general it will be denied, and am again unsure because their entire motion is too vague and ambiguous. I welcome your related experiences and advice. Thank you in advance. JDB-MSJ.pdf
  3. I posted this question in the wrong thread and was advised to create a new thread. I did get an answer to my question in the last thread but I wanted to post my situation for all to learn from. I am a newbie to lawsuits and I am riddled with many as of late. My question for this suit is on the production no.4 it ask for 10 original signatures of my name on a blank sheet of paper. RED FLAG went up in my head. No amount of googling was giving me any kind of help to this so I brought it here. The answer i got from previous thread was " Objection: this request is irrelevant and not destined to reveal any information material to the case as filed". This suit is my 2nd within a 30day time frame, my first suit with PRA has not requested a discovery and a court date is set for Oct.12, 2016 with PRA. Thank you for helping all of us Pro Se.
  4. Hi guys, I previously posted about two collections I have with PRA regarding credit card debts and was directed to speak a lawyer here in TN. I was given the advice to dispute the collections with the CRAs and once they reply to notify him Well it has been almost five days since I notified him of the results and I have not been given a reply. At this point I feel like trying to fight it is not worth it. I fear getting sued and then not being able to find a attorney to fight it and getting a judgement. Can anyone provide any advice on how I should approach PRA? I have filed a dispute with CFPB and am waiting for the results of that. If the outcome is not favorable then I think I will go ahead and try to settle the matter. Please tell me how I should go about getting this handled. I am so angry that this company is going to make money off of my financial misfortune.
  5. I had an account years ago called "PayPal Pay Later", which was administered by GE Moneybank. I lost my job in November of 2010, and was unable to make further payments - in fact, I was unemployed for over two years, and was called a "deadbeat dad" by the Friend of the Court because I was unable to pay my full child support payments from my unemployment checks - in fact, they confiscated several tax refunds, such as they were, to pay the back amount. The debt has been sold twice that I know of - possibly more. The first time I was aware of it, I told the collectors I had nothing to give them (they asked the usual questions, including "do you have anything of value you can sell?" - which I do not, as everything of value I once had, I sold in a vain effort to keep my house from being foreclosed on, hoping I would find employment before then). That company continued to try to call, then stopped. I did not hear from anyone for a long time afterwards. When I finally did get a job, I ended up with so much being taken out in child support, plus health insurance (the court requires me to take out health insurance on my kids, despite the fact that their mother makes more money than I do - by a significant amount - and has insurance through her employer, which is the state correctional system), that I have to live with my parents in order to provide my children with a decent living environment when they are with me - I can't even afford the rent on an efficiency apartment, which is hardly suitable for my kids! I have barely enough left over to pay for gas and insurance on my car, plus my necessary medications. I drive 60 miles to the nearest VA clinic because gas is cheaper than the medical bills for a simple doctor visit (I once incurred a bill from my local hospital for just over $400 for basic blood work, which took me over 2 years to pay off)! I got a letter from a company called "Taurus Law Group LLC" in MA in October informing me that their client had purchased my debt. I ignored them, as I had nothing to give them to begin with. They called and left a message asking me to call them on November. I put that number on my blocked list. They called me from another number and left another message yesterday, asking me to call them. That number is also blocked now. It is past 6 years since I lost my job, and Michigan's statute of limitations is 6 years. Can these bozos still sue me (for money I can't afford to give them, no less), now that they are past the S.O.L.? Can I simply send them a letter telling them to cease and desist, and that they ARE past the S.O.L., and that further attempts to collect will be treated as harassment? I have received no further letters from them, just the two phone calls simply stating who they are (with no notification as to who they are calling), that it is an "attempt to collect a debt", and a person and phone number to call.
  6. 1. Who is the named plaintiff in the suit? Cortez Investment Co, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hameroff Law Group, P.C. 3443 E Ft. Lowell Rd, Suite 101 Tucson, AZ 85716 3. How much are you being sued for? $9,680 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 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? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? One collection letter back in May (I ignored and chose to try and keep my head down, as I was nearing the SOL- obviously a bad choice, in retrospect) 9. What state and county do you live in? Maricopa County, AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 2009 11. What is the SOL on the debt? This was something I wanted help on- as my last payment was before the SOL change from 3 to 6 years, which applies to my case? 12. What is the status of your case? Suit served? Motions filed? Suit served, still have a few days to file a response 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? No 15. How long do you have to respond to the suit? 3 days (spent most of my 20 days playing phone tag with various attorneys, all of which ended up being an exercise in futility) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. Zero. Zip. Nada. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 1. Plaintiff is a corporation, Defendants are residents, debt was an event caused by the Defendants, this court is the proper venue for this case. 2. This court has jurisdiction over the matter, and that the Defendants, if married, were acting for community purposed and benefit (I wasn't married at the time, am now). 3. Wells Fargo Bank extended credit to the Defendants. 4. Defendants failed, refused, and/or neglected to make the payments owed. 5. Plaintiff has acquired or been assigned the debt. 6. Defendants owe the plaintiff $9,680 7. Plaintiff is entitled to interest on the balance (4.25%, starting from date of judgement) 8. Plaintiff has performed all acts required which entitles the Plaintiff the amounts contained in this complaint. 9. The above sums are justly and truly due and unpaid. 10. The Plaintiff or attorney has made demand, the Defendants have failed, refused, or neglected to pay. 11. Plaintiff is entitled to recover court costs and attorney's fees. 12. Defendant is notified that this communication is from a debt collector. WHEREFORE, Plaintiff prays and demands judgement against the Defendants, and each of them, as follows- A. the amount of $9,680 B. accrued interest in the amount of $0.00 C. accrued interest on the remaining balance of $9,680 at the rate of 4.25% from date of judgement D. reasonable attorney's fees E. Plaintiff's court costs F. interest at the legal rate on attorney fees and costs G. such other and further relief that the court deems just and proper. Alright, so basically discovering these forums last night has resulted in an information overload. I now understand why consumer debt lawyers here in AZ seem to prefer to settle rather than fight- it seems that I realistically should expect to lose my case (should I choose to fight it) in Justice Court, then once I appeal to the Superior Court it won't be an automatic loss, but will still largely depend on a great deal of luck. Besides the SOL clarification I mentioned above, I have some other questions- 1. I am financially in an OK place, not great enough that this won't hurt (a lot- but hey now that it's cooling off I can afford to wait on getting the car A/C fixed, etc.), but if we scrape and scrounge and borrow from family we can probably pay whatever ends up being negotiated in settlement (they called and left a voicemail a day or two after I was served, so they at least are minimally interested in avoiding the courtroom). I would almost prefer just to cut bait for my own sanity's sake (and also for the fact that I don't want to risk ruining my wife's stellar credit or put another dent in my own mostly-recovered score), but I worry that with only a few days left on my deadline they will agree to a settlement then hit me with the default judgement anyways. Is this something I should be on the lookout for, and how can I cover myself in this respect? 2. I no longer have my cardmember agreement (and haven't, since about the same time I stopped paying), anyone know where to find one? My credit report says the account was opened in January of 2006. 3. The main reason for my interest in the agreement is I am trying to figure out if arbitration would be a possible avenue to explore- Would they follow me into arbitration for ~10k? Does my cardmember agreement specify JAMS? If not, can I elect JAMS anyways, and if so, how? If I choose to go the arbitration route, should I mention it in my answer? Should I file an answer at all, or here in AZ does that waive my right to arbitration? If I elect arbitration, does that waive other rights I may have? In lieu of an answer, should I file a MTD instead? When do I file MTC arbitration? Whew, that was a lot! I know there are a ton of questions in here, but any help would be greatly appreciated.
  7. Hey everyone, I just received a letter from a local law firm (do these guys have people sifting through court records on a daily basis looking to make a quick buck?) stating that court records show a lawsuit was filed against me. Just to play it safe, I went to the IN gov site and sure enough, the case number listed did indeed exist. Unfortunately, I could not pull up any details on the suit (documents submitted, etc). Like many who have come here, I too found myself in a position of being afraid. After reading the many posts and very helpful suggestions from members, I thank God that I found this site, as it is giving me the information I need to fight back. As I have yet to receive anything official from the court, I'm not sure what I need to do to get ready, but I will start reading through threads and get a battle plan going and adjust it accordingly based on what comes. I will continue to post as more information becomes available - DonValor
  8. I need some help on next steps in Discovery phase of lawsuit. Here's a snapshot of where things are at: April 2014: Via Pocket Docket in Minnesota, was served by Gurstel Chargo, representing Autovest as JDB for Wells Fargo Financial on Consumer Debt. With interest it's around 25k. I responded within the 20 days required, basically said insufficient information to be able to admit or deny claims. Asked for plaintiff to prove claim. Requested lawsuit be dismissed, etc. May 2014: Gurstel sends robo letter to discuss discovery plan, gives settlement offer. Discovery plan states they will provide Required Disclosures on or before June 27, 2014 and proposes I do the same as soon as possible. I respond via certified mail by June 27 that basically I no longer have any documents. With regards to the Discovery Plan, I sent a revised plan that read: (1) Plaintiff and defendant (via attachment) will provide its 26.01(a) Required Disclosures on or before June 27, 2014. Plaintiff proposes Defendant provide his/her 26.01(a) Required Disclosures as soon as possible. Plaintiff and Defendant will respond to the discovery requests by July 27, 2014. So now it is July 9 and I haven't received anything from Gurstel. No discovery documents. Nothing. The SOL should be running out within a few months however I haven't been able to get the exact date verified from Wells Fargo. Here's my question: They never sent any type of Discovery so can't I get this officially dismissed? If so, how? What are my next steps? Help!
  9. Hello, I just joined this forum and I am new. I LIVE IN MICHIGAN. I got served with a suit from Midlund Funding for 2 CC debts that I owe. I filed an answer and our trial date is set for April 2, 2015. I just got their interogatories in the mail. I have about 3 wks to answer them and prepare mine for them. I will go line by line for you if you need me to. I just need help in answering them. They have nothing except for a receipt for 1 of the old accts and an affidavit for the other along with a receipt. In the interrogatories, they are asking BASICALLY For me to GIVE THEM ALL THE INFO THEY NEED TO WIN MY CASE FOR THEM. AND I HAVE ACTUALLY CALLED BOTH COMPANIES AND THEY SAID THEY HAVE NO RECORD OF MY OLD ACCTS AT ALL, Because they were charged off. I DONT KNOW HOW TO TYPE up my answers but I have been on here reading a lot and you seem to know a lot and also, they are doing exactly what you said they would do in some of your posts.JUST ABOUT ALL OF THEIR QUESTIONS, ARE OBJECTIONABLE AND THE OTHER ONES ARE ASKING ME TO ADMIT TO THINGS I WILL NOT BC I DO NOT EVEN KNOW IF THESE 'SAID' ACCT NUMBERS ARE THE ACTUAL ONES WITHOUT MY ORIGINAL CONTRACT AND/MY BILLS AND THE AMTS ARE NOW INFLATED. I also need to know how many times can they send me interrogatories and how do I type up my interrogatories for them to answer and demand them to produce contracts and receipts that I know they do not have. what they have included thus far, is absolutely ridiculous. Also, how do I subpoena their witnesses. please please help me.. Even if there are templates for me to follow.
  10. Hello All, Second post. First post was introductory that illustrates my background, knowledge and areas of expertise. This one specifically describes a lawsuit filed against me. What's really bad about this is that I am mostly alone with this. I have not disclosed this to friends or relatives. (As I do not know anyone likely to respond to help anyway.) There was little time to respond in time to file answer once verified as fact. I am looking for a path with the least cost and damage. This hit me at the worst possible time when other issues are happening including the loss of a friend (20 years known) and I am on a long path to recovery from two low income years but making progress. PRA, LLC is not helping. May 2016 Early in May I started receiving legal advertisements in the mail that suggested something serious was up. I was focused on building a good work record with a local temporary staffing employer. After two years of underemployment, failed "work at home" jobs or clients that did not pay me, I was finally on a path to recovery. Then on Tuesday May 24th I looked myself up on the Waukesha County Courthouse CCAP system to check a "you have been sued" ad and found that it was real. When I called the Courthouse, I was told there was no indication of service. I went to the courthouse Thursday morning to purchase the document, having to decline the start of a new $11/hour contract work assignment to run to July 15th to tend to the debt collection lawsuit as a top priority. I feared future court issues would interfere with work. It's best to not be absent any day with temp staffing work because it is not guaranteed 40 hour per week work. Summary The Summons and Complaint has no documents other than the printed copy of the nonmilitary service page, not relevant for me as I am not (and have never) served in the military. The attachment has the list of allegations, the name of the creditor, the alleged amount owed and a start date. On the second page it indicates any payments I made to PRA, LLC, which is zero and what the debt PRA, LLC claims I owe. I do not trust any mail, phone or email notification of debt claims because I get these all the time, some from actual scammers. How does one distinguish them when they are generally hostile or aggressive and there are warnings everywhere to protect one's financial privacy? Context of 2014 May-June Claim Period I got bit by Green Dot Loan scam two years ago on May 31, 2014 but did not go out and get the card as requested. Abusive calls led to me terminating my phone service something not to do when actively seeking employment. I also closed my checking account and opened a new account with the same bank the first week in June 2014. This was right on top of an unsolicited debt relief caller trying to fix my issues that same week. And while waiting for a lead seller merchant dispute to be resolved with Barclay Mastercard. A business opportunity I checked out May 30th turned out to be too expensive but charges were successfully refunded a month later. My main job at the time was freelance business loan lead generator for a loan broker, a job contract won at Freelancer.com in March 2014. It was doing OK but loss of money made it not possible to keep paying for advertising. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? Rausch, Sturm, Israel, Enerich & Hornik, LLC 3. How much are you being sued for? 2,xxx.xx 4. Who is the original creditor? (if not the Plaintiff) CITIBANK, N.A. (BEST BUY) 5. How do you know you are being sued? (You were served, right?) I was NOT served. Increased volume of legal ads by mail prompted my own search using the Wisconsin Court System Circuit Court Access. 6. How were you served? (Mail, In person, Notice on door) I was NOT served to my knowledge. When I purchased Summons, the box for service was blank. (as you can see in the copy) There was no excuse not to serve. Though I live in a secured apartment other officials have accessed building before. I have been home after 3 PM during the day. They had my address. I never found anything in the mail that looked official along with official looking junk mail. "Sewer Service" I think is where there was a claim of service. It's skipped step in this case. (This is where I need legal help because I don't know how to take actions.) 7. Was the service legal as required by your state? According to the yellow information sheet and on the county website, service is required or the case may be dismissed. It's a box in the flowchart on the County website about how to file a lawsuit. Wisconsin has recent changes to debt collection lawsuits. If there is a state vs federal entanglement issue here, this feels out of my league to fight. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? There is a letter dated April 16th. I did not read it seriously until yesterday (see below). There are 13 PRA, Inc. sourced phone numbers in my Skype block list. While seeking employment and working on projects for clients, repeated phone calls are a nuisance. Skype typically (in my experience) does not connect well with robo or automated calls. I relied on Google searches of phone numbers to identify the source. There were other (not PRA) scam callers or Skype trolls to block. I've been very tight with my Safelink cell phone number with the limited minutes. 9. What state and county do you live in? Wisconsin, Waukesha County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I am unable to determine this with any accuracy other than a credit report I recently pulled up. I have lost two checking accounts since then the most recent closed on June 1st, 2016 so I don't have access to payment information. I am unable to identify if this account is mine or if the amount is accurate. There were multiple credit and debit cards reported either lost or compromised from November 27, 2013 (Target) to the present. The only credit accounts I have been making payments are my one open VISA credit card (paid in full in May), a closed Discover account and a moved to collections Amazon.com account to pay off purchase of laptop in February 2014. I am current with my auto insurance, rent, ISP and utilities. 11. What is the SOL on the debt? To find out: 6 years to my understanding. 12. What is the status of your case? I filed the Answer on May 31st with an attached full page Answer created with MS-Word after taking notes at various sites and selected best statements to use. My primary points are lack of service, lack of documents, uncertain financial activity period, receiving public assistance and plaintiff not known to me. I mailed a copy to the Plaintiff legal team address via certified mail. I was given a yellow fact sheet that includes a mediation requirement. The court date was set to August 5th. Then, I received a letter that the date was moved to August 12th. I have not heard from legal firm. The certified mail service I used reports June 1st as the last day of activity. (I did not know it was going to be a slow delivery at the regular rate. I used an online certified mail service I found.) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Though not directly related to PRA filing, I filed a credit bureau 90 day alert due to a ACS Inc email I received in my Gmail inbox. I get this email regularly and consider it abuse of my financial data. The first time I received this was July 2014. I have a copy of my credit reports that I have not looked at for two years. I see that PRA is listed as a debt collector. That could be a separate matter to pursue at another time. 14. Did you request debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? (This should be in your paperwork). From payment for Summons on June 26th, I had a week to respond in time to file answer, apparently not enough time for the plaintiff to receive the answer copy by certified mail when sent at normal rate on May 31st. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? The Summons consists of the State of Wisconsin, Circuit Court, Waukesha County Small Claims form marked "Claim for money ($10,000 or less)", the clerk/attorney signature of someone unknown to me, notarized and with attachment of the claim specifics. The notary stamp looks faded to me. It has a May 10th stamp FILED IN CIRCUIT COURT. There are no documents, just forms filled out with claims. It is apparently signed by a member of the legal firm. He's in LinkedIn and top of Google search. Included is an "Affidavit of Non-Military Service". It says that I am not in the US Military and therefore, not entitled to rights and privileges provided under the Servicemembers Civil Relief Act. Another note is that the complaint does not include my middle initial. So the non-military search is not correct. My signature always includes my middle initial which leads me to suspect they don't have a signed document or any signed payments. There's more: The letter mailed to me in April (which I did not read until Saturday June 4th) claims that I can request copies of credit card documents if I write. If they had this, why is none of this included in the Summons and Complaint? Is the letter a lie to perhaps have me send a letter and get a signature? Or visit their website and give my IP address? Additional: I received public benefits including a gas card, a Safelink phone and was awarded an energy assistance grant in May. Good people led me to these services back in April. I filed to receive FoodShare benefits with assistance of my employer. I have read that wages cannot be garnished in Wisconsin if any benefits have been received. My answer included a copy of my Safelink renewal notice and my energy assistance grant check stub. Any Harm Done? The filing more than likely interfered with my employment path with my employment agency. There might be better jobs ahead of me but I lost the certainty of regular income in June and July which is what is needed to pay bills in confidence. I was unable to rescue my June 2014 opened checking account closed on June 1st, 2016. I started another account back in April at another bank so I'd have something to send employment earnings and pay bills. (Employer uses VISA debit card to pay.) I considered a counterclaim but the answer was easier to do with my own research and in a short time. Any assistance in this matter would be appreciated. I plan to call Legal Action at intake hours on Tuesday to see if I can get help with the mandatory mediation part. Will I have to decline work (if work is available)? How much will it cost? There are more current bills I need to pay, but am afraid to spend anything now. I am worried about paying July rent and auto insurance (as promised) payment due late in June. prasummons.pdf
  11. Introduction Hello, this is my first post after joining today. I am college educated at the Bachelor of Science level in science, business and computers. I have worked with computers since 1979. Low Income And Financial Data Management My first topics are about low income legal assistance and financial data quality/integrity. Low income here is defined as being eligible for public benefits (disability, energy assistance, food stamps, free cell phone, gas cards, etc). Reasons for lack of income can include completed work with no pay, employment application scams, fake interviews, serious distractions due to phone/email scams and deceptive work at home offers. Examples of known types of scams: Green Dot Loan, Medical/Surgery Calls, Unsolicited Debt Relief Calls, Windows Tech Support Calls, Threatening Emails (ACS, Inc.). Note: Skype landline/VOIP service does not work well with robocalling in my experience. Calls in my experience are usually rejected and dropped for technical reasons. A debtor with less income has fewer options and will guard (if smart) every dollar before paying anything. A certified mail send task must be worth it to justify the cost for example. Data integrity refers to if financial/personal data is maintained according to professional standards. Choices of software, methods of structuring the data, data entry methods and functionality of entry applications all play a part in data integrity. Data security is more about keeping data safe from being stolen, hacked or viewed by wrong people. Specific Topics (perhaps addressed in new threads) 1. How does a low income target of debt collection action prioritize multiple debt claims and current ongoing payment commitments? 2. Can a debtor use successfully paid off accounts (such as a car loan) as proof of willingness to pay if able to pay? 3. Is a business with an aggressive model with no regard to data integrity really that tenable? How is it different from a Green Dot Loan scammer business model? Junk debt buyers use cheap data solution Excel to store the data as I have read. Can anyone verify this? I have observed poor merchant data quality in a business loan lead data purchase in the form of blacklisted spammers in the Excel file I received. No one at the supplier cared. But I did get my money back from Mastercard when the purchase was disputed. Summary It is very disheartening for a computer professional to observe poor data quality practices. We should work together to provide suitable solutions to debt collection issues while focusing on keeping our personal data safe from misuse by anyone.
  12. 1. Who is the named plaintiff in the suit? ABSOLUTE RESOLUTIONS V, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RESURGENCE LEGAL GROUP, PC 3. How much are you being sued for? $3,xxx.00 4. Who is the original creditor? (if not the Plaintiff) CAPITAL ONE BANK (USA), NA 5. How do you know you are being sued? (You were served, right?) Summons provided by someone claiming to be a process server 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes, as far as I can tell 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? Complaint alleges that the date of default of for this supposed account (while still with OC) was in October 2010. 11. What is the SOL on the debt? 4 years in CA (based on the dates provided in the Complaint, if true, it was filed approximately 2 weeks before expiration of SOL) 12. What is the status of your case? Suit served? Motions filed? Complaint filed, Summons Served. Answer served on Plaintiff. Demands for BOP and POD sent and Responses received. Matter set for Trial in early 2016. 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? No 15. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The Complaint (signed by JDB attorney), a photocopy of an old alleged CC statement from 2010, a photocopy of the alleged Bill of Sale Agreement for a multi-million dollar bundle of accounts with the sale price blacked out (containing no information germaine to Defendant), a photocopy of an alleged Assignment of Receivables from the CEO/president of the JDB Plaintiff (again, no specific info, just a statement that the Assignor is the owner of receivables) dated to 2014, and a Declaration in Support of Reduced Filing Fee.
  13. Hi All, I'm being sued by Midland Funding in Parker County, TX. I was served, or I should say my parents were served on Tuesday night. I've searched and read a lot of useful information on here but I wanted to be sure to file the right answer and not look like a fool. I found a few on here that are similar to mine but i'm not sure which direction to take on it. Any advice would be greatly appreciated:) Below will explain my summons in more detail: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Katharine Allen 3. How much are you being sued for? $1,744.37 + "all costs of suit and all other relief, in law and equity to which plaintiff may be entitled" 4. Who is the original creditor? Synchrony Bank (Amazon.com Store Credit Acct) 5. How do you know you are being sued? Citation 6. How were you served? Sheriff served my parents 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Parker County, TX 10. When is the last time you paid on this account? 07-25-14 11. What is the SOL on the debt? Within the SOL 12. What is the status of your case? Suit served? Motions filed? It was still listed as unserved when I looked it up on the night of. I haven't re-checked yet, 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? No. 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? Breach of contract, account stated, damages. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? I attached the citation, the only that was included was a bill of sale from Synchrony Bank, an Amazon billing statement and a field data sheet with my information on it and blacked out account numbers.
  14. 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 addresses denying the debt in 2013 and asked them to stop contacting me because I believed it was included in my 2010 bankruptcy. 9. what state and county do you live in? Arizona: Maricopa County 10. when is the last time you paid on the account? (looking to establish if you are outside the statue of limitations) Never made a payment; the loan was taken out in 2007 and went into default in 2010 during my bankruptcy. I thought it was included so I started the process of rebuilding my credit. In 2013, I received a bill from them and sent them the letter I mentioned above. 11. What is the statue of limitations on the debt? 6 years 12. what is the status of your case? suit served? motion filed? Answered with a general denial of all allegations on 10/7/2015. Plaintiff filed 1st amended complaint on 10/13/2015. I filed a motion to strike 1st amended complaint on 11/2, citing it was filed without being signed by the attorney, it was not conformed, and plaintiff did not have leave of court (no idea if it was accepted?). Notice of Disclosure statement filed on 11/18. 13. have you disputed the debt with the credit bureaus? (both the original creditor and the collection agency) Yes. I have disputed it every time it shows up on my credit report because I thought it was included in my bankruptcy. I found out recently (after talking to a lawyer) I would have needed to go through the adversary process when I filed bankruptcy, but the bureaus have removed it every time. 14. did you request debt validation before the suit was filed? No. 15. how long do you have to response to suit? I already responded. I am looking for advice on whether I should continue to fight this (it's subject to compulsory arbitration) or try and settle. I have been advised my current life situation makes me collection proof, but I have a little bit of a 401k I can cash out to settle this if I absolutely have to. I am in a master's program that will have me unemployed for the next 3.5 years, but I don't want to worry about a judgement following me around. I also don't want to cash out a protected asset to settle a debt I thought was discharged. 16. what evidence did they send with the summons? an affidavit? statements from the oc? contract? list anything they attached as exhibits. The first set of documents I received contained a summons, certificate of compulsory arbitration, plaintiffs complaint citing "breach of contract," "open account," and "account stated" with nothing attached. There was NO account number listed in any of this and the plaintiff referred to it as a "line of credit." ​The amended complaint just lists "breach of contract" and the description is changed to "loan for academic purposes." Attached was the "note disclosure statement" and "non-negotiable credit agreement" from the original creditor with my signature. They also attached what looks like a very generic "pool supplement" because none of the information is specific to my account. It lists three people as "witnesses" to the agreement but the names are typed out and there is no physical signature. The amended complaint was not signed by the attorney, it was not conformed by the court, and it was filed without leave of court based on the date I responded.
  15. Hi, All. Midland has been harassing me with phone calls and settlement offers regarding an alleged credit card debt for some time now. I've never responded. They're also reporting on my CR and I'd like to find a way to get it off, particularly since they entered the start date for the purported account 4 years after the alleged OC default. I believe that they've avoided filing a lawsuit because in California, this alleged debt would now be about a year beyond the SOL. I've read elsewhere on the site that reporting on my CR without listing it as "disputed" may be an FDCPA violation. Can anyone confirm or disprove this? Thanks, H8spp
  16. Hi, All. Does anyone have a reliable process server they can recommend (based on past personal experience) in the Greater San Diego area? I need to have a subpoena served on a JDB employee there. The job will require that they attempt personal service up to (3) times before leaving it with anyone else, sending me an Affidavit of Due Diligence (preferably in both electronic and hard copy form), and do it all in a very timely fashion. Any leads are very much appreciated, particularly if you can tell me a little bit about your experience with the company or individual being recommended. Thanks!
  17. I'm writing up my Objection to Plaintiff's Declaration in Lieu using @h8spleadingpaper's objection as a exemplar. I have a few questions and am hoping the California folks can help me out. For Argument A ("Failed to Comply With CCP Section 98") H8 states the declarant "does not say where the declaration was executed. He also does not give an address in California where he may personally be served." For my case, the declarant does give an address in La Jolla, CA where "this affiant is available for service of process ... during the 20 days immediately prior to trial. If service is of process cannot be effectuated at the aforementioned address, I authorize the Defendant to contact attorney XXX for purposes of effectuating proper service on my behalf." Also, the last line of the Declaration says "Executed on this day XXX, at San Diego, CA." So, I'm thinking I should either strike Argument A or rewrite it such that it only says the declarant was unreachable* by the process server. * The subpoena will be issued on Monday and I'm guessing the declarant probably won't be available, but will know for sure soon enough. I go to trial this week as well, so am getting the subpoena in just under the wire. I won't have 5 days to file the objections with the court, but do plan on overnighting a copy to PRA's lawyers so that they are aware I plan to fight back with gusto. Is this correct? -- PS: I'm terribly behind. I have two cases in motion - but they will be months apart. Unfortunately, I haven't been organized and missed my chance to do the preliminary stuff on suit #1. Nevertheless, I am inspired by those that have crammed a lot of learning into a short time and come out the other side. I'm determined not to let being behind stop me from trying. (Also, I worry that not fighting this will send the wrong message when it comes to suit #2. So, I'm in it to win it.) The one thing I have done is read, read, read this forum! I've seen that the members here will help people who are willing to do the work - and I am willing to work hard. Will probably have more questions over the next week, but I'll keep them all contained in this thread. Thanks in advance!
  18. My pre trial paperwork is due tomorrow and I want to make sure I filled it out correctly. Mainly the sections "issues of law" and "issues of fact"
  19. I entered into a conditional settlement agreement in Los Angeles County for a smaller amount than I was sued for. Basically, if I make payments as agreed, they dismiss with prejudice. If I don't, they can then apply for a judgment in the full amount. Plaintiff filed the Notice of Conditional Settlement back in July and the case was put off calendar and I've made two payments since, but when I check online the actual settlement agreement itself still has not been filed. Question 1) Should I be concerned about this? I have an executed fax copy on pleading paper so I suppose I could file it myself, but maybe these things are not filed or something. Maybe only the notice of settlement is filed. My second question relates to the fact that I have been in negotiations on a second case with the same JBD but a different attorney. I used the first agreement as a guide and we have agreed to a reduced amount and payment schedule as a conditional settlement, but they are insisting I also sign a stipulated judgment for the full amount, which will be "held in trust" and not filed as long as I make payments as agreed. I have refused since the same JDB accepted the other settlement without that requirement and I don't want an actual judgment out there, filed or not. When the second attorney claimed the JDB would not agree "to something like that", I told them that I knew for a fact they had and sent them a redacted copy of the conditional settlement agreement without telling them it was my case. The lawyer responded that he wants a non-redacted copy. Question 2) Is there a downside to this? As I mentioned above, the first settlement agreement resolved the other case but has not been been filed, so I would just be showing them a fully executed copy. The second lawyer already filed a Notice of Conditional Settlement, which put the second case off calendar, which leads to my last question: Question 3) If the negotiations fall apart, how quickly will they be able to get back on the active calendar? We were already 20 days from trial and had exchanged discovery. Thanks in advance for any expertise/advice in this matter.
  20. Hello to the best forum on the planet! I was referred here by a friend and have been reading the awesome stories and advice given here. Tho I feel completely overwhelmed I have a glimmer of hope if I can get my head around all this stuff! I am taking this in chunks as it's the only way I can digest it all. Below are my answers to Racecar's questions. I have just a couple of questions for my first steps. I do believe I can file a General Denial (thanks AST Medic for that awesome thread)..but want to make sure my complaint is not verified. There is the first page of the summons; the complaint; exhibit; civil case coversheet (6 pages) with a signature by attny for Declaration of Assignment; and another signature on one of the civil case cover sheets that has Limited checked. Am I good with General Denial PLD-050? Should I have affirmative defenses? I don't have the good SOL to use but should I use Lack of Standing? I'm getting different views on that as I read this forum. Also I know the POS rules say a relative that's not involved in the case can sign, but want to make sure a spouse can sign. I'm just being crazy nuts on details sorry. Ok..hoping someone out there will read this…thanks in advance..here I go. Oh, and what is anyone's experience with Calvary/Winn Law Grp? 1. Who is the named plaintiff in the suit? Calvery SPV I, LLC (edit * I originally thought this was the 6th JDB but the past correspondences were from 5 different collection agencies of the OC, so I guess Calvary is the first JDB) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn Law Grp 3. How much are you being sued for? Just under $5,000 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank 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) Left Summons on Porch 7. Was the service legal as required by your state? Not sure but hear this is how it happens alot...not worth fighting 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? California, Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Dec 2011 11. What is the SOL on the debt? 4 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 - when you find the online court site, search by case number or your name). Suit served..have 30 days to answer 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? 30 days to respond; 1.Account Stated (in the body of the cause of action it says “account stated in writing) 2. Money Lent (on the bottom if the pages it says “Complaint for Common Counts” 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exihibit “A” ~ 1 credit card statement w/ 2 small transactions and a payment..that’s it
  21. Listen, I am not a lawyer and I am not an expert, by any means, but I've been reading this forum for over a year, and now that I have also had some experience in these matters, I feel compelled to make a few observations about (what seems to me to be) the general strategy that JDBs (junk debt buyers) use, at least in California. 1st – The JDBs depend upon the fact that most defendants are not going to answer the complaint filed against them, which allows the JDB to receive a default judgement, winning the case, and allowing the JDB to then proceed to garnishing the defendant's wages. 2nd – If the defendant does file an answer, the JDB's attorney will attempt to trick the defendant into admitting guilt or into making an error when responding to discovery requests, which the attorney will use to win their case. 3rd – JDB's attorney sends the defendant a CCP 98 (affidavit in lieu of live testimony) that will allow JDB to enter as evidence any documents attached, unless the defendant subpoenas the witness listed in the CCP 98 and files an objection to the CCP 98. 4th – The JDB's attorney, almost always, knowingly lies on the CCP 98 when they say that the witness will be available for service for the 20-days prior to the court date at an address within 150 miles of the court. It has been my experience, and it seems to me that in most cases filed in California, that a defendant has an excellent chance of getting their case dismissed if they simply follow the guidelines provided by ASTMedic in his topic: How I beat Midland in California. In addition, since ASTMedic's case, there have been two excellent cases that provide even more case law to use against the JDBs' strategy: Target v. Rocha and CACH v. Rodgers. Besides ASTMedic's guidelines, I also highly recommend the following two links that this forum lead me to, and which were particularly helpful to me. The first is a little old now, and was prior to Target v. Rocha and Cach v. Rogers, but contains actual filed court docs: http://www.plainsite...sandra-pacheco/ The second is the opinion from CACH v. Rodgers: http://www.courts.ca...ve/JAD14-11.PDF
  22. Mates: I'm defending my uncle in a lawsuit by AMEX and have a question for you all... Are there any significant differences in how I should approach the upcoming trial since I am dealing with the original creditor? They filed a CP 98 and I will attempt to have Linda Salas served in the coming days, but obviously, she won't be there. The process server will give me a declaration indicating that she wasn't there, and I will object to her declaration in lieu of testimony at trial. From what I can gather, they will have no legs to stand on at this point, and it should be a directed verdict. Am I missing something here? Oversimplification? On the other hand, if that declaration gets in, I think were screwed... but oh well, my uncle is flat broke.
  23. 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
  24. I think I may have found some important information for those dealing with JDBs in Wisconsin. I've been reading the boards for a while and recently read a Marquette Law Review on responding to admissions, interrogatories and documents. I was hoping for some feedback on my answers with this new information. First questions: what is the criteria for determining the "specificity" of the denial? Are the denials that I give in the following post considered "specific"? Many users on this board have cited lack of information or belief in refusing the admit or deny. I am assuming that in states other than Wisconsin this is an acceptable response. In my following post, you can see that I have not used this phrase. I have, however objected to some of the requests, please see the following information Second question: Are the objections I raised in the following post sufficient? Third question: I put my defenses after all of my responses. Are my defenses formatted correctly? I would like to use the defenses that TrueQ pointed out in Midland Funding / Kohn / Wisconsin Mainly WI 425.104 & 105, WI 425.109, and WI 422.409 Fourth question: Considering that we are in Discovery now (I think), is it prudent to elect arbitration or JAMS? Fifth question: Considering that we are in Discovery now (I think), should I file a MTD? And if so, on what grounds? I hope this information is helpful to anyone dealing with JDB in Wisconsin, and any information would be most helpful!
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