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  1. I need some advice. Today a sheriff delivered a summons to appear for Pretrial Conference in September. I am being sued by GE Money Bank for a Lowe's Hardware Credit acct. that was charged off. My last payment was in 10/06 and my balance then was $2100. now they say I owe over $2600.00 plus $750.00 for legal fees. It does not have a questionaire attached. It states the Defendant must appear in court on date specified in order to avoid a default judgment. The Plaintiff must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the plaintif
  2. So i read your guys replys to my earlier post where you told me i should first answer the summons. I looked at the summons and it says that i have to go for a pretrial conference. It also says answering the summons or filing any motions will not prevent me from having to show up there. Also , i was hoping someone could tell me if you think the guys who are suing me could win with the evidence they have. ( Their evidence is just a piece of paper, with their HudsonKeyes logo that has my name, the account number, my address on it and says i owe em, no signature or mention of the OC on it ). Im r
  3. Here’s my problem: I received a summons and complaint (3/26) with an attached affidavit. The affidavit claims there is an attached statement of account and accrued interest from the statement date. It says they purchased the account with the OC as Citibank and #5424….. The complaint states that the plaintiff is the assignee of the debt as per the attached affidavit of ownership and sale of claim (which is not included). I filed my answer with the court 4/4. In my answer I listed a number of affirmative defenses. Then I received a request for admissions on 4/15. It came regular mail, not certi
  4. Hello everyone. My sister received a summons 2 days ago to appear for Pretrial Conference/Mediation. Below is the information. 1. Who is suing you? Asset Acceptance, LLC 2. For how much? $1050.26 plus $405.53 (prejudgement accrued interest. 3. Who is the original creditor? Bank First 4. How do you know you are being sued? Received SUmmons for Pretrial conference/Mediation 5. How were you served? Were you served? process server 6. What was your correspondence (if any) with the people suing you before you think you were being sued? None 7. Where do you live? Florida 8. When is the last time you
  5. First, let me share how grateful I am to have found this amazing site! I have spent hours pouring over it and I am amazed at the wealth of information available here--I have gained so much knowledge and insight already! Thank you, thank you, thank you. I would really appreciate some further insights on the particulars of my situation... I'll try to be concise while covering the necessary factors: On Jan. 9, 2008 I was served a summons filed with Maricopa County Justice Court in AZ. The "Plaintiff/Judgment Creditor" is Debt Buyers Inc dba Freedom eCapital, Hameroff/Lavinsky Law Firm, P.C.
  6. I am answering a pretrial conference worksheet where I am listed as the defendant in an civil case where the plantiff is Cavalry Portolio Services, LLC As Assignee of Cavalry SPV I, LLC, As assignee of Citibank, N.A. (a bit confusing but that is how it is indicated). I originally posted all of the answers surrounding this case in another sticky. I will post this and then attempt to reference or post the latter. Upon answering the Cavalry and etcs complaint, I received this. It has to be returned this week. I sent cavalry via CMRR a debt validation notice and I also disputed such information on
  7. Hello, I'm new here. I've read alot at this forum and its been very useful. I'm being sued by First Resolution and received summons, went to pretrial conference and asked for validation. The judge gave them 30 days to validate. More than 30 days have pased and i have not heard from First Resolution. Now what do i do? please help. Thanks
  8. Hello all, I am new to this and was praying for some help from someone on these forums. I received a notice to appear in a pretrial conference Erin Capital Management, LLC. I have no idea what takes place and what I should do. The original creditor is Providian. I am in Florida. I am not sure what other information may be needed, but any help would be appreciated. The summons was issued at an old address which I have not lived at in over five years and a nother party who knows me received the paperwork, they informed the people serving the papers that I did not live there and they still left p
  9. So yesterday I recieved a Notice to appear for pretrial conference/mediation. It's from Erin capital management. It's in regards to an old Household credit card I opened in 1999. I got into a tight spot and they were not willing to work with me back then, so the card ended up being charged off in 2004. Then I assume it was sold to a collection agency. What can I expect at the mediation? Should I have a lawyer present? Can I go on my own? The amount they are claming is no where what I should owe or what my credit reports even show. All 3 credit reports show a different balance being rep
  10. I hope I am in the correct thread here. I am new at all of this and need help. Last week Sept. 4, 07 I was served papers at my home by a police officer. It is titled "Alias Summons/Notice to appear for pretrial conference/mediation Apparently I have a credit card dept. I vagely remember this particular card. I was going through some major medical things at the time and a divorce as well. This is from at least 6 years or so ago. I have since moved twice and my last name has changed as I got married 6 months ago, which is probably why they weren't able to serve me before, I looked at the court
  11. First off let me begin by saying I reside in Florida. Today, a "Summons to Appear for a Pretrial Conference" on was served to my former residence (parent's home). My father signed for the summons, which I'm assuming makes it legal. The summons lists ESL Federal Credit Union (ESL FCU) as the Plaintiff. Also, included with the summons is a "Statement of Claim" which is signed by "Hiday & Ricke, P.A.", a law firm here in FL. Along with the Summons and Statement of Claim, two other documents were supplied. One is a copy of a credit card agreement from ESL FCU and the other a statement of acco
  12. First time poster - I've been reading for about a month. I was served with a noticed to appear at a pretrial conference, for an old BOA card. The account was opened in 6/2001, and was charged off 7/2004. It has changed hands 3 times. It is now with the 361 group. I was an idiot, and never Dv'd because I was in denial. I appeared, stated that I had not received DV, and requested mediation (rather than admit or deny the debt). I have been reading and reading, and as far as I can tell, I am still within the SOL. The original debt was $1300 (credit limit) - now they are claiming 2498, and when I
  13. I received a summons, I live in Florida for pretrial conference for small claims court. There was no questionairre or anything , it stated a motion or answer shall not excuse the personal appearance... This is for two credit card accounts The first one, with Wells Fargo, wasn't really a credit card but one of those checks they send you in the mail and if you cash it you agree to the terms. I have asked for verification of the debt and got only a print out. They sent me copies with the summons of three different assignments, the third being to Asset acceptance. The second assigment is not date
  14. About a week ago, I did something horrible. I slept through my pretrial hearing. I had lost my job a few days earlier, and for whatever reason, I slept THROUGH the alarm. Stress, depression? I don't know. But whatever the reason, I really don't want to just give up. I was counter-suing for FDCPA violations, and I had a strong case. Is there anything I can do? Its such a ****ty excuse, even if it is real. I don't know how to approach this. I also got the papers they want you to fill out with your employer and bank information. What happens if I don't fill that out? I'm afraid they're going to g
  15. Hi everyone, We got a summons on monday morning. I am so confused, I don't know what it means. It's under my husband's name only for a providian credit card that was bought by Asset Acceptance. The plaintif is: ASSET ACCEPTANCE LLC STATE OF FLORIDA-NOTICE TO PLAINTIFF AND DEFENDANTS: SUMMONS/NOTICE TO APPEAR FOR A PRETRIAL CONFERENCE. A small portion of the front page reads: "The purpose of the pretrial conference is to record your appeareance, to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for trail if the cas
  16. I need some help in answering a Credit Card SoL in Arizona. First, I have seen that it is considered an open ended account in almost all websites I have read. Second, I see that the SoL would be 3 years. My wife last made a pmt on this account in Mar 2003. In July 2004 we moved from Utah to Arizona. Utah's SoL is 4 years. My question is which state has jurisdiction and I spoke to an attorney here and he said that credit cards are written contracts (6yrs in AZ)? This is contrary to everything I read. We were served papers about two weeks ago and have a Stipulation of/for Judgment and supposed t
  17. Okay, I'm a little nervous because I don't know what to expect. This notice from the court requires that "at least 5 days before the conference, the parties must meet or confer by telephone to discuss the matters specified in Fed. R. Civ P. 26(f) and must complete the attached questionnaire." 1- The parties are just me and the defendants? Am I supposed to intiate the meeting? 2- How do I go about establishing dates favorable to me for the various stages? 3- What else should I do to prepare for this initial pretrial conference? Right now, my plan is to take everything possible with me just in
  18. Ok... As you may remember me from my previous post, I have something new to ask. At my pretrial conference, the judge set a court date for 3/2/06. He also requested that the attorney for the plaintiff (the CA) furnish me with the original contract with the OC and the contract between the OC and the plaintiff showing the assignment of the account by 2/14/06. I know that if the attorney does not furnish these documents that I may request to have case dismissed by the court for disobedience by the plaintiff of an order concerning the proceedings in the lawsuit. However, I was told this would
  19. Ok...I need a question answered. I received a summons (which was first contact with the CA) on 6/05. I answered the summons and sent a DV to the CA on 7/05. While the DV was still pending, the civil suit continued on...I received a Plaintiff's motion to extend time to conduct discovery on 8/26/05 base on the fact that DV was still incomplete. To my amazement when I went to the court to view the files of the case, the judge had issued a sceduling order on 8/18/05. I did not receive this order. I then received an amended sceduling order on 8/29/05. It set a discovery date cut off of 12/01
  20. I have been in the process of collecting information for my pretrial conference scheduled on January 9th. I have a few questions. As I pulled my credit report I found where the CA had placed a collections on this account on 3/05. Lawsuit was filed on 4/29/05, served on 6/4/05. Answer to lawsuit was filed on 6/25/05 along with the Answer I sent a DV letter. Validation was sent 12/06. OK. Now I need the help in determining how many violation for a counter suit. 1) The CA updated on my CR 9/19/05, 9/23/05, and 10/10/05 is this 3 seperate violations or is it considered as one? These were all liste
  21. If an attorney has filed a motion for summary disposition, do I have to file a motion or answer in response or can I just show up and argue it in court? Also, if there is a trial and I bring up valid defenses and the attorney has no answers, can I move for dismissal then and there or do I have to do something else? Do I have to do discovery for basics like them showing the debt to be valid or would this be assumed that they would be prepared to prove that? Doesnt the plaintiff bear the burden of responsiblity? Do I have the right to ask for a settlement or "case management" conference? I had
  22. Hello, Can anyone tell me exactly what to expect? I've read many threads here about receiving a summons, or being sued and answering the summons, but this document doesn't have anything to answer.... Is this just a preliminary? I'm sending off DV to CA today....pretrial conference is Jan 5th.... Help!!!
  23. I received a summons and answered it to the court. A pretrial conference has been scheduled. I have not filed the answer to the Discovery in the initial summons within the 50 days required. I did send a DV letter to the attorney suing on behalf of Bank of America. I have not received a response, and it has been just about 30 days. Will I automatically have a default judgement? Can I still file an answer? We may put our house on the market to try to pay off some of these debts, but I do not look forward to the prospect of trying to qualify for another mortgage. A attorney said that I might
  24. Ok, I made a post awhile ago about how to answer a summons and got lots of good advice, which I followed. Now I have a notice to appear for a pre-trial conference along with a pretrial conference questionnaire, how should I approach this??? This is for a old advanta account that is supposidly owned by The Bureaus, I did have an old advanta account but am fighting this on the fact that I have no evidence of the fact that The Bureaus owns it now. Also I have two consent judgements already over two other civil suits, plus still owe the IRS and State OF Michigan over 401K penalty taxes for using
  25. -------------------------------------------------------------------------------- Today I recieved a "Notice of Case Management Conference" in the mail directly from the court. I answered the complaint at the courthouse 2 days ago. Meet in clerks office on April 9, 2003. Here is what it says: Pursuant to Mass.R. Civ.P. and G.L. c. 221, S 62C, counsel for all parties to this action are ORDERED to appear at a case management conference at this court on the above date and time to report on the status of this action. I need help understanding what some of this means, any help? 1. AGENDA. The purpos