Search the Community

Showing results for tags 'JDB'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 137 results

  1. I'm stressing! I have brain freeze! Not sure what to do now. I have to answer a CCP 96, don't know if I should subpoena a witness that works in Plaintiff's attorney's office - he submitted a CCP 98. HELP! Like I mentioned in another post, I'M in Ventura County, Calif, my case is assigned to Judge O'Neill, don't think he liked me much the 1st time I was in front of him. BV80 Xenophon
  2. Hey guys, here is the background of my case...with some questions that I would like you people to throw some light on 1) JDB midland suing for 2500 dlrs sent me summons , I responded back denying with affirmative defenses 2) Did the discovery ( still awaiting reply from them) , responded to their rogs. 3) I asked them for proof of debt and they asked court for 90 days for it. 3) I did not counter sue, should I ? can I still do ? 3) Now I am nearing my first court date and would like to know if I am missing anything here? 4) What can I expected on my first court date , like what it will be like on the first date, questions judge can ask me or their lawyer can ask? 5) if their lawyer does not show up , how to go about motion to dismiss? 6) What are the next steps for after the first court date? what happens after that
  3. Hi everyone, I have been here almost daily since receiving a summons from mandarich law group late last year. I filed my answer, sent a request for BOP (and 2nd and 3rd requests), sent discovery, answered discovery, answered ccp 98, and sent ccp 96. I read many, many posts here, and used templates from here, changing them to fit my situation. Thanks to all the brilliant, giving people here, every time I sent them something, they answered exactly as I thought they would, and I knew exactly what to do next. So now, my trial date is less than 3 weeks away, and I am lost and find myself thinking why bother? My only income is a military pension, and I don't own anything, I'm essentially judgement-proof. I am usually a very happy, optimistic person, but this last month has been horrible. My beloved dog was killed, and I am heartbroken. I know I have time limits to get ready for trial, so I'm hoping that you guys will help me by reminding me of anything I may have forgotten to do, and not letting me give up and let the bad guys win. So, the basics: 1. Who is the named plaintiff in the suit? Cach 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich law group 3. How much are you being sued for? 1500 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 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? None 9. What state and county do you live in? California, San Bernardino 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I think it was October, 2010, they say October, 2011. (I haven't been able to get my bank records from 2011.) 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 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). Trial in mid august. Answer filed, discovery done, requested BOP, they refused, and l just received their Plaintiff's CCP 96 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? 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? Already responded with a general denial. The complaint is for 1. BREACH OF CONTRACT 2. COMMON COUNTS Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None with the summons, they cited Distifano and Hall in response to my BOP request, claimed "Trade Secrets" in response to my discovery, and sent copies of a statement dated "10/25/2011 to 11/23/2011" with a past due balance, and another statement dated "11/24/2011 to 11/30/2011 with a balance of 0.00, addressed to a house I owned at the time but did not live at. In response to my CCP 96 they sent copies of the same two statements, and a short form purchase agreement between Wells Fargo and Cach. For witnesses, they say they plan to use a declaration pursuant to CCP 98. They list eight names that they say are custodians of records that they may call. they say they can't know the identity of the individual who will be available to testify until approx. 10 days before trial. They gave a contact address for the lawyers office. They also plan to call Defendant. For evidence, they listed the CCP 96, the billing statements, and the Wells Fargo Bill of Sale and accompanying redacted Loan Schedule (I see no loan schedule attached.) So, what is my next step? I know I'm supposed to send a subpoena, but aren't the witnesses supposed to be available for personal service 20 days before trial? Are they allowed to just cut that time in half? Or have they already given me a reason to exclude the CCP 96 Declaration in Lieu? For the subpoena, can I have someone I know attempt to serve it? Also, they had already sent me a Declaration Pursuant to CCP 98 in Lieu of direct testimony, which I received on the same day I mailed my request for it. That one is dated June 16, 2014, and signed by one of the people listed to testify. So doesn't that person have to be their witness? Is that who I subpoena? And when? 20 days out, or 10 days out? Thank you in advance for answering my questions, and thank you for giving your time and knowledge to people like me. By the way, the lawyers referred to the list of people who might show up in court as "traveling witnesses" whose schedules are made weekly, not as the custodians of records. they say they will testify about the plaintiff's business records, and how they aquired the account. Are they not missing the main part of their lawsuit? How can they skip over the whole "contract" part of a Breach of Contract case?
  4. I've been served in Magistrate Court of Cobb County by Midland Funding. My question is how do I file an Answer when there are no numbers to reference? I've searched this site and googled else where for a sample but am having trouble locating a sample that does not reference numbers. Additionally, how do I find out when hearings are being held in my court? I'd like to go sit in on a few of these cases but can't get anyone on the phone and obviosuly am using the wrong search terms to locate the times of hearings. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Green & Cooper, LLP. 3. How much are you being sued for? 1,500 4. Who is the original creditor? ( if not the Plaintiff) CitiFinancial 5. How do you know you are being sued? (You were served, right?) I was served at my home on March 12 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? Request for debt valitity but did not keep copies. Other than that none. 9. What state and county do you live in? GA, Cobb County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 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). Statement of claim served Mar 12. I have not filed my answer yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, only with JDB. 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. Yes, but stupid me didn't keep proof.
  5. Just came across a ingesting article over the weekend, thought I might share with everyone. Feel free to post your thoughts and feelings J http://www.cnbc.com/id/101846684
  6. I'm starting a new chapter in my life and trying to get my "stuff" together after burying my head in the sand for a few years. In short, I pulled my CRs, only to find that I had 8 collection accounts in my credit report(s). Aware of this site/forum from a similar experience a decade ago, I decided to face my debts and obligations head-on and get started with the rest of my financial life. Because I know that I owed the money on all of these accounts, my first line of defense was to simply see what would happen if I mailed monies to the original creditor with old statements/invoices that I found. I tried this with 5 accounts.............4 of the original creditors cashed/deposited my checks. The 5th OC sent my check back with a handwritten note advising me to contact TEK Collect to make payment arrangements. (The check I sent was for $56 to pay in full and they refused it. The CA is asking for $72, but I've never received any documentation or phones from them.) Here is where I need some help and here's what I did..............I'm looking for some general next steps; 1) I have disputed all of these collection accounts with the 3 bureaus 2) I mailed the Original Creditor the paid in full amount. (I did not mail any money to any CA.) 3) I DV'd each of the CA's after the checks were cashed CMRR. 4) I received a DV response from one CA stating that I have a balance of zero and that "their office" received the check along with their other DV-response form jargon. This is ludicrous because I know the OC endorsed the check by looking at the back of it through my banking system. 5) I received a DV response from another stating that they are collecting on the interest of the account they assumed from the OC ($231.19). I paid the OC through a credit card $847 (the principal amount) directly over the phone without any mention of inclusion of the CA. 6) Oddly, another CA sent me back a DV response stating that my balance was paid in full and would remain on my CR for 6 years and 9 months, yet it fell off of my credit report today. So........................I hope was that by the OC taking payment in full, it would basically "null and void" the CA altogether, causing them to erroneously respond to my DVs and/or allow me to prove to the bureaus that accounts were paid direclty and no CA should be listed for specified account. Does anyone have recommendations for next steps to remove the collections from my CR based upon the OC's taking the money in full? Thanks!
  7. http://www.creditcards.com/credit-card-news/charged-off-debt-collectors-1282.php Great article on the amount of interest debt collectors can charge Notably this paragraph The U.S. Fair Debt Collection Practices Act says collectors can add fees or interest only if the amount is "expressly authorized by the agreement creating the debt or permitted by law." That requires having a copy of the original card agreement to prove the interest is permitted, consumer advocates argue.
  8. Hi everyone, I'm trying to get down to the nitty gritty and get my credit polished. I've been able to get from 435 to 565 over the past several months. I have quite a few JDBs reporting on me, and I'd like to get these removed. From what I'm reading on here, it seems the best way to dispute these is via snail mail. Is this correct? Also, do I dispute with the CRA first? Is there a link to a form letter I can use as a guide, or will a simple "I dispute this thing" letter work? I've been reading through the stickies. It's just a lot of info to absorb, so if anyone has a minute and can shoot out a couple of answers and maybe some other advice on getting my reports cleaned up, I'd been really grateful. Thanks!!
  9. Need help with a JDB in South Dakota, I apologize if this is in the wrong place!! What happen; Car repo in 2011 Bankster sold vehicle Bankster notified me of this action Heard nothing else from them Where it’s at; Received summons & complaint in 2014 to an action to this from an atty. Representing a collection agency. I had received noting else from them previous to this S&C Notified them of this and asked for a validation and never to contact me again until they do produce. Received some documents but not the ones I was looking for because on my credit report it has a different acct.# than what the bank had sent me when asking for verification from them also I received a doc. Stating is was assigned where there stating it was purchased. (see violations). Sent them an insufficient validation notice saying there missing doc. Essentially telling them there not proving standing to file this suit. Received a couple months later some more doc. And there the same as what I had received but also interrogatories to questions about my life. I’m now in the process of sending them the 2nd notice of insufficient validation, basically telling them I’m not at liberty to reveal this information at this time and that I don’t wish to be a part of there fishing expedition. But also they haven’t sent me the docs I want showing they have standing to file. I do plan on sending them a day later an admittance letter getting them to admit they don’t have the docs. I seek. WF sold to Autovest & is the JDB that hired the atty. and this is an adhesion contract. Violations of the FDCPA I think are valid. Your input is welcome! Remember I had no previous notifications from them and I have a witness to this! Precedent opinion: Lesher v. Law Office of Mitchell N. Kay, P.C Use of their law firm letterhead in making initial debt collection contact violates FDCPA specifically 15 USC 1692e § 807. False or misleading representations. 15 U.S. Code § 1692g - Validation of debts They haven’t even proved standing to file suit This is questionable! 233 F. 3d 469 - Craig Gearing v. Check Brokerage Corporation Drew T Erwin Can’t be both the assignee and the purchaser. My plan of attack; File a counterclaim in federal court on these violations and looking for any and all advice! What to put in this is where I’m having trouble. Keep in mind I’ve done nothing but read and my mind is boggled at this point!! I do have the contract between WFFI & auto vest I found online and they are playing nasty with me!! Your questions are welcome and I’ll do my best to answer them to assist me! Thanks
  10. I really hope someone here can help me. On May 2, 2014 I was served a summons at my house. I am being sued by Hunt & Henriques, Attorneys at Law on behalf of Portfolio Recovery Associates for an old US Bank credit card debt. The amount they are suing for is $5500. The suit was filed on February 7, 2014. This debt is from back in 2009/early 2010- which I believe puts it outside the SOL for California. I don't remember making payments on it since then. I have NO way to prove that though, as I haven't banked with US Bank since 2010. This is the first time I have heard of this debt since basically forgetting about it in '09 when I was going through a divorce from my first husband. No phone calls, no mail, nothing. I know it was originally for much, much less than $5000 but I don't know how much, what was paid or when. Portfolio Recovery has my maiden name on the suit- which has changed twice since 2008. They also have an address that hasn't been mine since 2005. I believe they tracked me down because I pulled a credit report last month. (not sure if the name and address discrepancies matter much or not). Anyway, I don't know where to begin. I feel like such an amateur in all of this. I'm no idiot, but legal jargon makes my head spin! On top of it all I am 6 months pregnant and my mind is foggier than ever. I believe my first step would be to file a general denial of everything? I am trying not to stress out too much but I want to make sure I answer on time and I do everything properly. I live in California, in Sacramento County. Can someone help me with the wording? I have been trying to attach a scan of what I was served with, but the upload keeps failing. I will keep trying... there was no supporting documents at all regarding the debt. I want to respond to this ASAP. I need a very easy to follow step-by-step. I'm already feeling sick over the $400+ it's going to cost to file the response.
  11. First off I want to thank everyone who posts on this forum you have helped me and many others more than you will ever know! I am being sued by LVNV Funding in Ohio. I did not find out about this lawsuit until my employer advised me my wages were being garnished by a default judgment. I quickly went into high gear to fight this. How can someone garnish my wages and me not even know about it. I have since had the judgment vacated and stayed the garnishment so at this point I am not out any money to them other than the cost to file and mail them there copies. I met with the attorney at the hearing for vacating the judgment who wanted to discuss a settlement to which my response was absolutely not! So they have refiled with my local court where I currently reside...they did pull my credit report prior to and after filing so had my current address yet still attempted to serve me twice at an old address that i have not lived at for over four years. So here's the rundown. LVNV Funding in Ohio with the usual junk attached. Plaintiff owns Defendant's account By use of the account defendant became bound by the account's agreement. Defendant breeched agreement by failing to pay. Amount now due and owing is $3xxx a copy of statement attached as "Exhibit A" Demand has been made defendant failed to pay up. It has been re-filed and I filed my answer with the court. I received their request for production of documents, admissions, and interrogatories. Which are of course the usual b.s. The alleged account was opened while I lived in another state with a 3 year SOL. So I am using this defense along with a few others. But, I have received a voicemail from them saying they are calling to collect a debt. I also received a bill from them in the amount of over $1,000 more than I am being sued for. I believe this to be them attempting to collect the amount from the judgment that has been vacated. Is this not a violation of the FDCPA? I plan on bringing this up in court as to show their inaccurate figures and being an error on their part. I believe this to be misleading to me showing I owe more than I am being sued for without a judgment against me. I am also preparing my own interrogatories and request for admissions and documents so if anyone has any advice please help!!!
  12. I'm new here. I was served by PRA on 4/19, case was filed on 3/27/14 in Florida. Two counts listed: Account Stated & Unjust Enrichment. They submitted page 1 of a credit card statement from Sept 9, 2010 to Oct. 10, 2010 with a min payment due of $1,953. I don't have any paperwork. I pulled my CR and the last payment was on 2/24/2010 on both PRA account information and OC. I am going to file my answers and affirm the SOL defense plus others. My question is, when would I file a motion to dismiss based on the SOL?
  13. I was served on Friday. I'm not sure what the best way to proceed is. 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hayt, Hayt & Landau, LLC 3. How much are you being sued for? $21XX 4. Who is the original creditor? (if not the Plaintiff) Credit One 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) Sheriff a served the docs. 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? PA, Northampton County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Oct 2012 11. What is the SOL on the debt? To find out: 6 years? 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit was served Friday 05/09/14, response required within 20 days. 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? 20 Days, docs attached. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit, Account Statement, Complaint ....... I've attached the docs that were delivered to me. Hopefully I've successfully taken out all of my personal info. How do I best answer each of the points on from the 'Complaint' sheet? According to the docs I have 20 days to file a response to the court. I would consider settling in order to put this matter to rest. When would be the best time to settle? Should I contact Midland or their Attorney? Should I hire an attorney to help? Thank you in advance for any help that you can provide.
  14. I'm BAAACCKK! Just a little background - Using this forum, I went to FL court Pro Se to fight collection on cc not in my name. The CA could not provide anything that tied me to the account and entered voluntary dismissal in March 2013 before I could file for dismissal with prejudice. I objected to the judge, saying they would just sell the account to another CA and file again. The judge told me it was unlikely since they have to pay to file. Whatever!!!!!!!!! August, 2013 I received a collection letter from a new CA. I sent a letter of dispute. They wrote me after receiving my certified mail dispute letter 9/5/13 to tell me they were discontinuing collection efforts and returning the account to the JDB. On 4/29/14 I received a collection letter from a third CA on behalf of Crown Asset Management. I am sending this new player and the JDB the same letter disputing the debt again and informing them I will report violations. Hopefully, they will just drop it. The SOL on it should be up this July, but it is muddy since they are claiming a payment was made long after the cc was delinquent. Since it is not my account the SOL should have been up before this started for me. The dismissal was considered adjudicated with merit which means if they sue me again it is their last chance (don't know if that applies if they actually sell it to another JDB.) But they evidently can just keep passing it off to other collection agencies to pursue (unless there have been any new developments on that front). I would like to clarify though - Do the FDCPA rules apply to the JDB, only the CA, or both??? I am thinking at this point I will just send the letter again and see what happens. I hate to call an attorney and make it more complicated than I should and I am not as panicked as I was the first time through but I am sick of dealing with it. Any thoughts?
  15. I received a letter today from CACH, everyone's best friend, and was sure it was something bad. Back in April of last year I actually settled an old US Bank CC account with CACH because I had just been sued by Unifund and hadn't found this board yet. I panicked when I realized I might have two lawsuits on my hands and it was very small compared to the other account. So, I made it go away. In any case, the letter says that new information about the account has surfaced, that I was overcharged by US Bank as far as interest added, and that any amount calculated to have been overcharged would be credited to my account, and if it left a balance on my account that I would be issued a refund (I'm picturing something along the lines of $8.63 or thereabouts, ha ha). How on earth does that work for an account that was charged off and sold? I imagine that they want to avoid any litigation directed their way, but it seems odd that I could possibly be refunded anything from an account that was sold at a loss, basically. Not that I feel sorry for US Bank or anything. I'm also a member of a class action lawsuit against them for their overdraft policies from the early 2000s. Again, I'm picturing awards in single digits! I haven't heard anything from US Bank, FWIW.
  16. I was going to try and do this by just reading some of the other threads on this great forum and realized I will be better of if I have a more direct support of contact on specific issue, after all if I have a question on something specific how would anyone really know how to answer if the weren't following the case. so i am going to try to post the case on this forum and would greatly appreciate any comments or ideas. lawsuitpdf.pdf
  17. Im very curious on how to handle collections on this random account. Do i dispute it? Do I look into it? Does it even matter? Is it even mine? Could it be zombie debt? Here's the deal: While digging thru some old paperwork I came across a collections letter dated back in Sept 2013. Its a "deal" letter and says nothing but basically "here's what you owe us" and "pick your payment plan option.". The amount in collections is for about $1500 but I have NO IDEA what its from or what its for. Ive recently accessed all 3 of my credit reports and it is NOT listed anywhere. Not the creditor, the amount, nor the account number, I see NOTHING on my credit report about this account. The letter was sent from First National Collection Bureau and the statement is listed like this: Creditor: JEFFERSON CAPITAL SYSTEMS Original Creditor: FIRST BANK AND TRUST Original Account #: XXXXXXXX Ref #: XXXXXXXXX Total Due: $1489.95 Im assuming its been passed around to a few collection agencies BUT I still have no idea what it is and is not on my credit report anywhere. And i dont recall any other debt other than what is listed on my credit report. Maybe some cable bills or phone bills from wayyy back but i'll never see those again. The only charged off credit card accounts that I have on my report are far lower amounts than that and the only other collections account that even gets close to that number is something that is listed with an entirely different collection agency. (old gym membership, out of SOL. forgot about that whole 2 year contract thing when i cancelled and went to a different gym.) Anyway, I havent received any mail regarding that account since then. However this collection agency First National Collection Bureau does have another charge off account of mine. (Something for far less amount with an expired SOL so they may get a FOAD letter for that one sometime soon if they keep sending me stuff about it.) So on this $1500 collections account, does it even matter if its NOT on my credit report? Do I need to look into it? Should I dispute it? Should I just let it sit? I literally have no idea what it could be and I see nothing on my CR. I mean, I dont plan on stirring the pot unless they send me something else but this CA has another account of mine so maybe they mixed up? who knows. Or could it be zombie debt that has just been passed around so long and built up so much interest and fees that its so far inflated from the original amount? Since its not on any of my credit reports should I just send them a FOAD letter? Thanks in advance for any helpful tips or info. These forums are a wealth of knowledge.
  18. So Portfolio Recovery Associates has been giving me hell over some old debt. Ive got another thread going regarding the whole ordeal. They've got 2 accounts with my name on them, one of which is beyond the SOL and the other which has about 8 months left on the SOL. Im preparing on whether or not to DV them on the most current account and see what they do, then make a deal. Or just wait it out until the SOL expires and I can send a FOAD letter on both accounts. (amounts ranging, $700 - $1000) From what ive read online, its pretty hard to get PRA to do a PFD or anything like that. So I may just wait it out and see what happens as they continue to send letters and call. NOW, while im waiting is there anything that can be done about excessive calling? And does this constitute as excessive calling that can be used as a complaint or violation? These screenshots are from my Google Voice number which I have used for years as my billing telephone number. From the voicemails they left and call backs that i made to check numbers, im pretty sure these are all Portfolio Recovery Associates. From the looks of my Google Voice inbox, it looks like this has been going on for a very long time. Ive got probably about 500 calls logged in the inbox from varied numbers spread over about 2 years time. Just like the screenshots. Sometimes a couple same day, sometimes the next day then 2 days later and so on and so on. Varied but still very many. Does this constitute as excessive calling or any sort of violation? Seems a bit overboard to me. And what can I do about it? I dont ever answer this phone number but the calls have recently been coming in on my personal line. And If they start coming in at this frequency, im going to have to change my number... maybe i can use this against them?
  19. Looking for some advice on dealing with this collection agency Portfolio Recovery Associates. Same old story, I went thru some very hard times about 4 years ago and now im dealing with the consequences. Recently Ive been contacted by Portfolio Recovery Associates regarding TWO accounts that they have purchased and are now trying to contact me about settling debt. One of the accounts is an old GE Bank Credit Card (Walmart) that is out of the Statue of Limitations in my state. (im in Texas and I believe the SOL is 4 years on debt.) The letter that I received regarding that account is has this text written on the bottom: "Because of the age of your debt, we will not sue you for it and we will not report it to any credit reporting agency."The letter also states that they bought the debt from "ARROW FINANCIAL SERVICES LLC", so I assume it should be out of the SOL. The most recent letter has stated that I owe around $650 but they will settle for 3 options:1.) I pay $251.00 straight out2.) I oay $47.00 for 6 months3.) I pay $26.00 for 12 monthsSince this debt is so old, and isnt being reported to credit agencies then whats the point of settling with them? And If I remember correctly, the credit line on that card was only $200 or something.My question on this one is, how can I figure out if it is actually out of SOL and if it is then how can I stop them from contacting me about it or have them shut down that account. Debt Validation? Cease & Desist Communications on this account? I have read that a cease & desist increases the probability of getting sued but since the letter states they CANT sue me then would it hurt to send the C&D to shut them up on that account? Now, the second account that they have is an old Capital One Bank credit card account which according to the mail document was purchased directly from Capital One. This account was purchased in 2013 and from one brief conversation I had with one of the reps on the phone, they said the last activity was from 2011. I have since ignored all calls as they have increased after accidentally speaking to them once. I am unsure if this is outside the statute of limitations since I dont recall when I ceased to make payments and it got charged off. Unless it just now was charged off and Portfolio Recovery Associates just now got their hands on it. I am currently in the process of obtaining my credit report to see whats actually there and if both of these debts are reporting. On this account, they claim I owe something between $800-$1000 but I know for sure that this card was another low credit line of something like $250. A letter states I owe $850 but on the phone the rep said something like $1100. It seems they are increasing the amount due with every communication.My question on this one is how can I clarify what exactly I should owe, whether or not it is within the SOL, and whether I should make a deal with them. Also, should I start this off with a Debt Validation Letter and just go from there? Is the probability of being sued for this one higher since it may not be out of SOL yet? Its a relatively low amount so I dont see the need for getting lawyers involved. Even though they purchased the debt in 2013, I am almost certain that its been charged off since at least 2011. I have not yet received the "deal" letter on this account as they were just able to get ahold of me via phone. Ive been receiving random letters from CA's but I usually read them over quick and throw them away. They somehow dug up my cell number so now the calls are coming in more and more frequently. So thats the collection agency drama, please send any helpful advice. This is just the beginning of fixing the debt hole that I got into back when i fell on hard times but hopefully with some helpful tips and tricks it will get all figured out. I will continue to update this post as I move through the processes of dealing with all of this so hopefully it will help someone else who may be in the same issue.
  20. I recently received a summons to superior court in Georgia for a credit card I know nothing about. The plaintiff is Cavalry SPV and the attorney is Hanna & Assoc. I answered the summons, and now I am drafting responses to the Request for Admission of Facts, Request for Production of Documents, and Interrogatories. I am listing the questions and my answers below -- I would sincerely appreciate any advice or critiques, as this process has a very steep learning curve. Thank you in advance. Request for Admission of Facts 1. You applied for, and received, a credit card account No.XXXX from the Plaintiff. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor receiving this card. 2. You made purchases or received cash advances using the credit card, leaving a net unpaid balance on the account of $5,XXX. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember using this card. 3. When you applied for the credit card, you agreed to make at least the minimum payment due every month on the indebtedness owing by you on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 4. You received the credit card agreement attached to Plaintiff's Complaint, you understood its terms and conditions and you agreed to abide by the terms and conditions imposed thereby. Denied. There was no agreement attached to Plaintiff's Complaint. 5. You made at least the minimum monthly payments owing on the credit card account for a period of time. Denied. 6. You ceased making the minimum monthly payments on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 7. You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement. Defendant has already denied recollection of this card and therefore this question is improper. 8. You have refused to pay the principal balance due Plaintiff on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 9. You owe to Plaintiff the current past due principal balance of $5XXX. Denied. 10. You owe to Plaintiff interest on the past due balance of $4XXX. Denied. 11. You owe to Plaintiff contractual attorney's fees on the unpaid principal balance in the amount of $0. Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any legal fees claimed by Plaintiff. 12. You are legally and financially responsible to the Plaintiff for the indebtedness owing on the credit card. Denied. 13. You have benefitted, either directly or indirectly, from the use of the credit card. Denied. 14. You have not been released from liability by the Plaintiff for this debt. Defendant has already denied recollection of this card and therefore this question is improper. 15. You did not dispute any of the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. Defendant has already denied recollection of this card and therefore this question is improper. 16. There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer. Denied. 17. You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect. Admit. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the Complaint as an alleged "original creditor" and therefore has no documentation regarding any account for any purpose as defined in the complaint. 18. You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff. Denied. See 17. 19. You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted. Denied. 20. You do not have any legal factual basis for your defense of lack of standing. Denied. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the complaint as an alleged "original creditor" therefore Plaintiff lacks standing to sue Defendant for recovery of non-existent debt. 21. You do not have any factual basis for your claim that Plaintiff does not have a valid assignment. Denied. Plaintiff has attached no documents which demonstrate legal assignment of any debt that Defendant is personally responsible for to Plaintiff. 22. You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest. Denied. Defendant has never entered into any contractual agreement with Plaintiff for any reason and does not owe Plaintiff any money. 23. You have no defense to this lawsuit. Denied. Defendant preserves their right to use any defense allowed by the laws of the state of Georgia in trial and appeal. Any comments are welcome. I will post the Interrogatories next.
  21. I have picked these up over the years and would like to post them in one place. Hopefully they will prove as useful for someone else as they have been for me. If you have more stuff like this, please post it to this topic! Some are written by consumer attorneys (Edelman, Combs and the like) and others are written by the attorneys from the dark side as ways to weasel out of FDCPA liability (it's always a good thing to know what the other side is thinking). Pro-Consumer: Defending credit card cases, 2009.pdf Ethical issues of JDB suits.pdf FDCPA CASE LAW, NCLC.pdf FDCPA, Edelman Breakdown-2011.pdf From the dark side: FDCPA Defense Guide #1.txt FDCPA Defense Guide #2.txt
  22. NOTE: THIS IS LENGTHY, AND I'VE TRIED TO FIND ANSWERS TO THE ISSUES I'M FACING ON THIS FORUM TO NO AVAIL. PLEASE BEAR WITH ME! I PROMISE THIS WILL MAKE FOR GOOD READING Hello, I received a summons from Midland in December. Shortly after they filed the lawsuit, the notorious NJ DC law firm, I'll just call them "P", called me and told me if I set up a payment arrangement, the lawsuit would "go away." At the time, I agreed to the payment arrangement. A couple of days later, they sent me a letter, dated December 26, 2013, saying I had to sign and return the agreement BY MAIL no less, by December 29, 2013, or else they would "have to continue with collection efforts." Mind you this is only 4 DAYS from the time they MAILED IT, not from when I received it! When I got the notice, I decided not to sign it, because I had no idea what a consent judgment was at the time, and it that phrase didn't sound anything like the payment arrangement I thought I was agreeing to. I timely filed an answer with the court, and on the same day, hand delivered a copy to P a couple of days later. Someone suggested that I also mail a copy of everything to P just to make sure they got it. I did this, but a couple of weeks later (several weeks of bad weather). I should also note that I filed a FDCPA counterclaim based off of the payment arrangement/consent judgment, since they didn't tell me I was agreeing to a CJ on the phone, said that the payment arrangement would make the lawsuit go away, and tried to put me under "duress" by only allowing me a day or two to sign and return the CJ by mail. I also submitted a motion to allow discovery, since we are only limited to 5 interrogs, and submitted requests for admissions, the 5 dogs, and requests for documents. A couple of days after I dropped off the documents to P, I received a letter dated the same day I dropped everything off trying to confirm our "agreement" to the consent judgment. I wrote on the letter stating that I did not agree to a consent judgment, and sent a certified copy of this to them and to the court. Later in time, can't remember the date, they called me stating that they wanted to discuss my answer. I simply said I was advised not to speak to them and hung up. Mind you, I am going at this alone so far, thanks to this awesome forum and all of the extremely useful resources provided by Mr. Phil Stern's website. On February 14, P filed an answer to my counterclaim, denying the allegations - typical failure to state a claim, and also that the claim was frivolous. When what I assumed to be the deadline for discovery passed, February 20, 2014, I sent them a letter saying I hadn't received their responses to the interrogatories. However, I failed to state the 10 day rule - one of many mistakes I've made so far. I sent certified to court and to P. P responded by saying that they never received any docs I hand delivered, that they didn't get notice of any documents or answers or counterclaims (by mail) until February 12, that they only received notice from JEFIS on February 10, so they had until March 14 to respond to discovery. However, they submitted answers to my RFA's and of course objected most claiming I didn't define certain terms so they refused to answer. They also stated they were objecting my motion for discovery and advised me that the motion was premature because discovery hadn't closed yet. I did not receive any responses to my discovery request by March 14, even though this is the date they themselves decided was appropriate. I didn't receive anything yesterday either! CAN I DO SOMETHING WITH THIS FACT? So I am confused - how do they object my motion to permit discovery, yet submit answers to my RFA's? The judge was supposed to rule on this motion on the 14th. The docket has not been updated yet. On Thursday, I received a pretty thick packet from P and P. It was their own requests for discovery. They also submitted 35 interrogatories and 39 requests for admissions! Since they opposed my motion to permit discovery, are they allowed to turn around and do this? Do I have to answer them even though I submitted the motion to permit? Also, if I have 30 days to respond, and trial is set for April 17, should I wait until the last possible day to respond? I received this packet from them on Thursday, March 13, 2014. P also included ANOTHER answer to my counter claim in this packet. They used the same defense and time barred???? I am not sure what they were referring to or what they meant, they didn't cite any law/rule. I thought you had a year to file an FDCPA claim. They also requested dismissal, and opposed my motion for summary judgment, claiming that it was premature because discovery was not over, and that I had not asserted a factual basis that allows me relief. My other mistake was submitting the court forms for the msj, but I did not attach a statement stating why it should be granted. However, after receiving the requests for admissions, and nothing else, I wrote them a letter defending a discovery end date of February 20, 2014, and told them that claiming they didn't get the paperwork would not relieve them of this deadline. I don't know how I will be able to prove this, but I went ahead and filed a motion to dismiss for failure to answer discovery. I also asserted they should not be allowed to use stalling tactics to gather documents that they should have had together before they filed the lawsuit. I asked the judge to rule that the close date was Feb. 20, and dismiss because they had not complied. Another mistake - I didn't explicitly say they had 10 days when I sent the reminder, so I'm not sure if the reminder will be enough to back this up. Miscellanous facts, I have seen "signatures" from 4 different attorneys on this claim. One filed the lawsuit, tried to get me to agree to consent judgment, one filed the answer to my counterclaim, and now this douche bag I've been corresponding with here lately. The RFA's they sent included reference to certain exhibits for me to confirm or use to answer my questions. The exhibits included two affidavits from Debt Collectors about an assignment of accounts - chain of title docs; a bill of sale for each subsequent assignment, and one exhibit in the first assignment sequence, labeled a statement of accounts, but all of the info was blacked out. Also, in the second assignment, the bill of sale made specific references to certain portfolios, but these were black out as well. lastly, they attached a credit card statement from June 2011, but it doesn't appear to be the last bill they sent on the account. there aren't even any late fees on it for that billing period!!! It actually looks a little shady and I would be interested to know what an actual last periodic billing statement looks like. is there a certain format or certain information that a last billing statement must include? So, now that I've walked you through the lengthy details of where I am so far, I am at a loss as to what I should do next! PLEASE HELP!!!!! Is it too late to amend my MSJ? Or even my counterclaim? Can I file another motion to dismiss for failing to answer rogs? Can I use the exhibits they attached to the RFA's against them to argue that they have no evidence that they own the account? Can I file a motion to strike the affidavits, even though I am not sure they have even handed them to the court yet? Do I have grounds to attack these? I saw someone make reference to this before but didn't find an answer, why would Midland make an inquiry to the credit bureau a couple of weeks before filing a lawsuit against me? Are they allowed to do this? Also, I have a question I would like to ask someone off forum, so if someone would please allow me to pm them, I'd be grateful! Additional Info: The case is in NJ. Special Civil Part. Breach of Contract. Less than $2,500 cc account Within SOL. - 6 years Did not send DVR before lawsuit. Can't remember any correspondences pre-lawsuit. Not saying it didn't happen lol! This debt has been disputed with the credit bureaus. Can't remember last payment. The bill they sent is from May 2011. They made reference to a payment I made in 2010. Currently awaiting trial with no jury, 4/17.
  23. I have trial in a few weeks and just want to know from those that have gone to trial with Cavalry (or any JDB) what your experiences have been.
  24. I am preparing to head to court today in response to a lawsuit filed against me by Midland Funding. I have read a number of postings here and at other places, but of course, this is the first time for me going into court to face a JDB, so very nervous. Before the court date, I filed with the court my Answers to the JDB. Following the advice I found, I never admitted to anything at all. The only thing I admitted to was the address they had for me was correct. I will be in court and I know never to admit to anything and to challenge everything they say. I understand also not to sign anything they the JDB says I need to in order to talk with them. What should I bring with me? Discovery request? Or am I waiting for a trial date to be set? Thanks for any help, it is a scary time.
  25. Any information is highly appreciated. I will be representing myself because there is no lawyer available to take my case. If anybody experienced the appeals process, please chime in and help me get a step-by-step process that i will follow. Thank you guys! @HomelssInCalifornia, @calawyer and @Seadragon have been very generous of their time, resources and expertise in helping me. I appreciate you guys!