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  1. Hi, Patenaude & Felix fist reached out in April and I requested the letter of validation witch they replied to on 4/21. I was under the impression that they will reach out to me for a settlement. INSTEAD, fast forward to 9/20 and I get legal advertisement from lawyer who found my case being filed in court on 8/11. Since I never got served I reached out to Patenaude and they want to settle initial $2900 for $2400. That seems slightly high to me. Should I hire a lawyer and hope that they will settle for less + lawyer fees = less than $2400 or should I proceed with going through court? I would like to know what would be the optimal solution. I don’t mind going the pro se route in hopes that I would pay less in settlement. (My work permit has been delayed so I don’t have means of income or getting a job ) Thanks so much for your help!!
  2. I just got papers that I’m being sued. I have to give my answer in 14 days. I don’t know what to do. Where do I start? Seeking wisdom from the group: 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? Ashley B Smith, Attorney 3. How much are you being sued for? $1168.45 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) In Person 7. Was the service legal as required by your state? Texas, Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing that I know of 9. What state and county do you live in? Hood, Tx 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2018, not outside of SOL. 11. When did you open the account? 2016 12. What is the SOL on the debt? To find out: 13. What is the status of your case? No court date set yet, I haven’t responded Suit served? Motions filed? Nothing yet 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not yet. 15. Did you request debt validation before the suit was filed? Note: No 16. How long do you have to respond to the suit? 14 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Bill of Sale (from an employee from credit one to MHC) Bill of sale ( from MHC to FNBM,LLC) Bill of Sale (from FNBM,LLC to Sherman Originator III, LLC) Bill of Sale (from MHC receivables to Sherman Originator LLC) Bill of Sale (from Sherman Originator III, LLC to LVNV Funding Llc) Copy of spreadsheet listing the account history and transfer. - Last couple credit one bank statements. 18. How did you find out about this site? Google
  3. Hi all, I received a Summons and Compliant on March 6th. I was properly served and it is within the statute of limitations. I am currently prepping my answer and affirmative defenses for submission to the court, and service to the plaintiff's attorney. My story: At the time of treatment by this medical provider, January 2016, I had to see this provider as my secondary insurance from a car accident settlement required me to go there as a condition of continuing to pay for my treatment. It is a neurologist and I have on-going migraines and neck issues from a car accident. My bills are submitted through my primary insurance and then the secondary pays the remaining bill. I went to see this neurologist and provided my insurance information and secondary insurance. I went to an appointment and they advised me that I had an outstanding balance. I once again provided the insurance information. I believed everything was good to go as I never received anything in the mail and I went back to seeing my selected neurologist and not the one that I was required to be evaluated by, per the secondary insurance company. In 2019 my father received a bill at his home and brought it to me. I immediately contacted the neurologist office and let them know that they did not have the correct address. I also advised that the insurance should have been billed and I would not have any out of pocket monies due. I found out at this time that they had been attempting to bill the incorrect primary insurance. Due to the length of time from the original evaluation, my primary insurance had changed and could no longer accept claims as it was over a year. When I spoke to whomever answered the phone at the neurologist office, they told me that they would not bill the secondary insurance again as it was denied. I explained to the person that they used the incorrect insurance, had the wrong address, never updated any of the information as requested, and I wanted to get this taken care of now that I knew that it was still outstanding. The person on the phone ended up hanging up on me after we went back and forth. I received a letter from the plaintiff's attorney in December or January of 2021. I sent a certified letter explaining everything above and received back an internal account inquiry from the neurologists office that lists me as "self-pay", still has the incorrect address, and shows that they attempted to bill an insurance company that I did not have at the time of my evaluation. The response letter from the attorney had a phone number and stated to call to discuss a payment arrangement. I called the attorney the same day and left a voicemail message that I would like it to be paid via my secondary insurance that required me to go to that office. I asked that the neurologists office please submit the bill to them as they are required to pay any bills that are not covered by my primary insurance. I never received any response, or return phone call. I received the summons and complaint. The items in the complaint are as follows- 1. City that I live in. It is correct and I will agree. 2. Plaintiff, at the express or implied request of Defendant sold and delivered certain reasonable, and necessary medical and/or psychology merchandise and/or services to or for Defendant, and/or his/her minor child, for the dates of service identified on the attached invoice.- The invoice that was attached had no information and had zero balance. I am going to upload a redacted copy here.- I am going to deny, but need advise as to how to word my answer. 3. As a result Defendant is indebted to Plaintiff, on open account, a copy being attached in the principal amount of $475- I will deny 4. Defendant has failed or neglected, despite demand, to pay the amount due- I will deny Plaintiff requests judgement against the Defendant in the amount of $475 plus interest to the date of judgement, costs, and attorney fees. If anyone can offer any help with my answers/affirmative defense, I would greatly appreciate any advice and help
  4. I just got served on 8/26/20 by a debt collection company called PRA and their attorney is Hunt & Henriques. My original creditor was PayPal Credit/Synchrony. My total debt as stated on the summons is $3,364.95. My account was opened back in 2016 and I stopped paying sometime in 2018. I’ve got 30 days to answer but how do I answer? The summons paper says I can find the form online but what form is it? And should I also file an arbitration now? If so, how Do I get a hold of my agreement contract to see if I do JAMS or AAA? I’ve done a ton of reading on here on cases that’s been dismissed but damn, I’m feeling really really scared at the moment. It’s all I’ve been thinking about. Any and all help you guys can provide me would be great. And what are my chances of getting my case dismissed? btw, I’m from California.
  5. I just got served on 8/26/20 by a debt collection company called PRA and their attorney is Hunt & Henriques. My original creditor was PayPal Credit/Synchrony. My total debt as stated on the summons is $3,364.95. My account was opened back in 2016 and I stopped paying sometime in 2018. I’ve got 30 days to answer but how do I answer? The summons paper says I can find the form online but what form is it? And should I also file an arbitration now? If so, how Do I get a hold of my agreement contract to see if I do JAMS or AAA? I’ve done a ton of reading on here on cases that’s been dismissed but damn, I’m feeling really really scared at the moment. It’s all I’ve been thinking about. Any and all help you guys can provide me would be great. And what are my chances of getting my case dismissed? btw, I’m from California.
  6. Hello everyone, I am being sued by Midland Funding in Georgia and they are being represented by Aldridge, Pite, Haan, llp. I would like to defend myself against this case and hopefully get it dismissed. I was served on August 11th and know I need to file an Answer within 30 days. Any help or advice people can offer is greatly appreciated. 1. Who is the named plaintiff in the suit? Midland Credit Management, Inc as assignee of CITIBANK, N.A 2. What is the name of the law firm handling the suit? ALDRIDGE,PITE, HAAN LLP 3. How much are you being sued for? 4036 4. Who is the original creditor? CITIBANK, Costco citi visa cc. 5. How do you know you are being sued? (You were served, right?) Served by local sheriffs office 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 letter from mail maybe 6 months prior. 9. What state and county do you live in? Georgia 10. When is the last time you paid on this account? Approx 2.5 years 11. What is the SOL on the debt? 6 Years 12. What is the status of your case? Suit served? Motions filed? Served by deputy sheriff, no action taken or contact with lawyer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes last year 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 30 days. Served on the 8/11/2020 16. What evidence did they send with the summons? A. Top page of a statement showing the amount owed with my name and address.. B. Bill of Sale And Assignment between citi and mom. C. Costco Fresh Flow Transfer document showing SALE ID. a second page that lists my name, address and amount. Amount on page shows 4100, being sued for 4036?
  7. 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.) Gordon, Aylworth & Tami, P.C. 3. How much are you being sued for? $1,1XX.XX 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Amazon 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? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing that i remember 9. What state and county do you live in? Polk County, Oregon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime in 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? Sometime in 2015 12. What is the SOL on the debt? Oregon says 6 years but these cards were issued in Puerto Rico which i believe is 3 years. 13. 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). Open, MTC Filed, hearing for motion and hearing for status check scheduled. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? Breach of Contract 1. Defendant, an individual residing in Polk County Oregon entered into a contract with Synchrony Bank/Amazon.com for a credit account. The credit account was issued to Defendant with the account number ********9315. 2. Synchrony Bank/Amazon.com supplied the credit account to Defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fees. 3. Defendant used the credit account and became indebted to Synchrony Bank/Amazon.com. 4. Synchrony Bank/Amazon.com performed its obligations under the terms of contract. 5. Defendant breached the contract by failing to make payments as agreed. No payments were made on the account. 6.. As a result of Defendants failure to pay, Defendants credit account was charged off for delinquency on Feb 3, 2016. 7. As of the date of the charge off, the balance due on Defendants account was $1,1xx.xx. Additional information regarding the account can be found on the Consumer Debt Disclosure form, which is attached hereto and by this reference incorporated herein. 8.Plaintiff, for good and valuable consideration, purchased Defendants Synchrony Bank/Amazon.com credit account and contract and all of the associated rights thereunder on or about February 27, 2017. 9. As a result of Defendants breach of contract, Defendant is indebted to Plaintiff in the sum of $1,1xx.xx. Plaintiff also seeks recovery of fees, costs and disbursements that are permitted by law. These fees, costs and disbursements may include, but are not limited to, those permitted by OCRP 68, such as costs of filing and service, as well as any other statutorily permitted cost, fee or disbursement which may be awarded to a prevailing party in this action. At this stage of the litigation, it is impossible to itemize these costs further. Plaintiff also requests post-judgement interest on the full balance of the judgement at the statutory rate of 9%. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only the complaint and a Consumer debt collection disclosure which has marked that i made a payment but under it states that no payments were made. I went through the mandatory arbitration of Oregon, which was really one sided. They sent in some credit card charge statements, a bill of sale from Synchrony Bank with no personal info, and a paper with my info printed from Synchrony Bank records. Filed a Trial De Novo afterwards and now i have a hearing date for the motion, which im waiting to get in the mail, and a status check hearing date which i got today in the mail. The first time they sued me for over $2k and they ended up dismissing without prejudice once i filed the MTC, not this time. Also as soon as i filed my answer i had filed an MTC but i believe the clerk made a mistake and filed it under a motion for discovery so i re filed the MTC together with the Trial de Novo last week and sent the attorneys and Midland a copy.
  8. Summary: I'm being sued by debt collector, and I need guidance on Answer in response to Complaint by 5/2/2019. Questions at the very bottom. Thank you. 1. Who is the named plaintiff in the suit? Discover Card 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) M&J LLP asserting they are attorneys for Plaintiff Discover Bank 3. How much are you being sued for? ~$7K (I have several other similarly sized credit card debts I anticipate similar Complaints for) 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served a Summons & Complaint April 2019 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes, I think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I previously wrote them sometime in 2016 with an offer-in-compromise of 10% of outstanding balance, and again with the same offer after receiving Summons in April 2019. I have never received a response. They called recently, and left a call-back message, but I have not returned the call. I have since learned that I don't know if they are legitimately entitled to anything due to various Affirmative Defense reasons. 9. What state and county do you live in? El Paso County, Colorado 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Last Pay Date - Oct 2015 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). Summons/Complaint for Money Due - Dated 3/19/2019 Served Summons/Complaint - April 2019? Not sure exactly. Complaint Answer Due - 5/7/2019 (but I'll be out of state and so must file by EOB 5/2/2019) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Debt was "Charged off as bad debt. Profit and loss write-off” by Discover in April 2016 (per my credit report). 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? I must respond to Complaint by 5/7/2019. Complaint: “1. Venue is proper as Defendant resides ... 2. The amounts the Plaintiff claims from the Defendant are $xxxx which represent the liquidated balance of the Defendant’s credit car account owed by Plaintiff, less credits of $xx, plus court costs. 3. The Plaintiff’s claim arises from the Defendant’s failure to pay the liquidated balance due on credit card account xxx as required by cardholder agreement. The Plaintiff claims the right to recover from the Defendant under one or more of the following legal theories: Breach of Contract, Liquidated Debt arising out of a Contract under C.R.S 5-3-304, or Unjust Enrichment. 4. The Plaintiff request interest on any judgment entered on the Plaintiff’s claims in this case to accrue at the rate of 8% per annum compounded annually fro the date of the judgment, pursuant to C.R.S. 5-12-102. 5. The Defendant is not a minor ... 6. The Plaintiff does not demand a trial by jury.” 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent: a copy of the Complaint; the last credit card statement before the account was closed; a stock fine-print copy of the Cardmember Agreement (no signatures); an ANSWER form; their contact information & payment information. I've since learned I need to file an Answer by 5/7/2019, with admit, deny, or lack of knowledge for each of their numbered allegations (but I'll be out of state and so must file by EOB 5/2/2019). Here's my draft response: I. ANSWER In answer to paragraph 1, Defendant admits he resides at the stated address, but lacks knowledge to admit or deny the allegation of whether this is the proper venue, and therefore Defendant denies the allegations. In answer to paragraph 2, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 3, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 4, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 5, Defendant admits the allegations. In answer to paragraph 6, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. II. AFFIRMATIVE DEFENSES Plaintiff has failed to state a claim upon which relief may be granted. Plaintiff’s claim demands monies for an alleged debt for which no proof of said debt, nor proof of ownership of said debt, has been verified and exhibited. Plaintiff has failed to trace in his statement of claim the derivation of his cause of action from his assignor so that the defendant may challenge the plaintiff’s claim that he is the present owner of the cause of action. Plaintiff has knowingly filed the claim without presenting any applicable original signed contract. Insufficient Specificity. Plaintiff has failed to provide the dates on which individual transactions were made, the amounts therefore and the items purchased to be able to answer intelligently and determine what items Defendant can admit and what items he can contest. Failure of Consideration. No exchange of money or goods occurred between the Plaintiff and the Defendant, therefore, defendant cites Failure of Consideration. Repudiation. Plaintiff is not named in any alleged signed agreement that is purported to have been entered into between Defendant and Plaintiff. Lack of Privity. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff. Plaintiff's complaint violates the Statute of Frauds. There is no contract or agreement in writing and signed by Defendant or by some other person authorized by Defendant and who was to answer for a debt. Scienti et volenti non fit injuria. Plaintiff claims to have purchased the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages. Laches. Plaintiff waited too long to file this lawsuit, making if difficult or impossible for Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed. My questions: 1. What am I missing? 2. What have I added that doesn't apply? 3. M&J is listed as attorney's for the plaintiff. How is that different from a debt collector who bought the debt? 3. What if anything should I say regarding a jury trial? 4. The Cardmember Agreement provides for arbitration. What if anything should I say about that? 5. Other thoughts/advice?
  9. Hello all, i am lost and in desperate need of help. I am very uneducated when it comes to law. I had a unsecured personal loan of $10k from Prosper which i paid for for first 8 months then financial crisis hit and couldn't make payments. Stupid of me. Anyways prosper then sold the debt to Velocity Investment LLC after few months of being delinquent. It was $8295 I contacted velocity to try to negotiate but velocity did not want to negotiate. I was still trying to negotiate with them but that time i had some family emergency and had to stop everything. Today in the email i received a letter which i am going to paste below. " Re: Debt owed by XXXXXXXXXXXXX for a Prosper Funding LLC account number *6686 ] now assigned to VELOCITY INVESTMENTS, LLC Dear XXXXXXXXXXXXXX: Please be advised that this firm has been retained to represent VELOCITY INVESTMENTS LLC, the assignee of the above referenced debt. Account balance (as of the date of this letter): $8,295.29 Unless, within thirty days after receipt of this notice, you dispute the validity of the debt or any portion thereof, we will assume the debt to be valid. If, within thirty days after your receipt of this notice, you notify us in writing that the debt or any portion thereof is disputed, we will obtain a verification of the debt or, if the debt is founded upon a judgment, a copy of any such judgment, and we will mail to you a copy of such verification or judgment. If the original creditor is different from the creditor named above, then upon your written request within thirty days after the receipt of this notice, we will provide you with the name and address of the original creditor This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Sincerely, O&L LAW GROUP, P.L." Can someone please direct me to right direction? What do to who to contact? I still can't make the payment of $8k.
  10. I have just been served with a summons (20 days). Back story, got a loan through Lending Club for 12,000 back in 2015. I made the first payment on the loan and within the next month I had complications with my pregnancy and had to go in bed rest. I had defaulted in my loan. Fast forward to present, my credit has been suffering and I’m still trying to get on my feet with my son being disabled. Can anyone help me with my options are? Bankruptcy? Arbitration? Settlement? I am lost and don’t know where to start and with 20 days counting down... I’m stressed. Please and thank you!!
  11. Hello all, I've been sued by Midland Funding LLC with the help of Kohn Law Firm in Outagamie County, WI and am at the stage where I need to respond to their Motion for Summary Judgement. They provided a 'Bill of Sale' and 'Affidavit of Sale of Account By Original Creditor' signed by SVP Sean Cooney of Citibank (the bank of the alleged purchased account) along with an 'Asset Schedule' where they blacked out information pertaining to them having 'sold a pool of charged-off accounts' as stated in the affidavit. They also included an affidavit of a MCM employee stating she reviewed electronic records showing they purchased the debt from Citibank. Lastly, they included a card agreement and credit card statements with a breakdown of charges/interest/late fees from Feb 2017-Dec 2017. Background: I received a letter from Citibank dated January 30, 2018 stating my account was placed with Midland Funding LLC. I then received a letter dated June 13, 2018 from Kohn Law pertaining to said account notifying me they were retained by Midland Funding to collect the debt. I never received anything from Midland Funding LLC directly from January to June. On November 20, 2018, I received notification I was being sued and court summons via mail. I attended pre-trial and made a spoken general submission to refute the claim on grounds Midland Funding didn't have enough evidence they owned the debt. A trial was set and then pushed back a few months at the request of Kohn. They then submitted Motion for Summary Judgement on Feb 28, 2019 and a hearing was scheduled for this Monday, April 1, to meet in front of a judge with my answer. I have consulted 2 lawyers regarding my case and didn't get much out of it so I'm hoping the experts here can lend a hand. The first lawyer told me to answer with two factual complaints - Firstly, there is no signed contract between myself and Citibank for the original debt. Secondly, there is the issue of standing Midland Funding owns the account in question - the bill of sale and affidavit presented does not list the specific alleged account. The second lawyer agreed with the second factual complaint but didn't have much input otherwise. I feel comfortable including the issue of standing in my answer but think I need a little more ammo than 1 factual complaint if I want to win a dismissal for summary judgement. I found a video on YT of a debtor who posted a video of his response in court (about 5 yrs ago) to Motion for Summary Judgement vs Midland Funding LLC where he won and am thinking of using some of his arguments. I will post what I have for an answer here - if anyone can provide advice/tips/critique/personal experiences it would be greatly appreciated! Factual dispute #1: In the card agreement provided by the Plaintiff, on Page 1 there is a strict definition of the terms ‘we, us, and our’ that refers specifically to Citibank, N.A., the issuer of the account. On page 7 under the Assignment clause, it is stated: ‘We may assign any or all of our rights and obligations under this Agreement to a third party.’ While the concept of assignment is generally understood, the definitions in this contract concerning the parties are explicit – when Citibank refers to themselves solely as ‘we, us, and our’ they neglect to mention a further signing or third party. While this contract may or may not have been assigned by Citibank to Midland Funding LLC, according to the definition of this contract in the underlying portion: ‘To the extent permitted by law, you are liable to us for our legal costs if we refer collection of your account to a lawyer who is not our salaried employee. These costs may include reasonable attorneys’ fees. They may also include costs and expenses of any legal action.’ I feel for that reason there is a question of material dispute, unless Midland Funding LLC is a subsidiary of Citibank. Factual dispute #2: ‘The Bill of Sale and Assignment’ and ‘Affidavit of Sale of Account by Original Creditor’ provided to the court by the plaintiff signed by Sean Cooney, Senior Vice President of Citibank, N.A. (CBNA), states “CBNA sold a pool of charged-off accounts by a Forward Flow Purchase and Sale Agreement and a Bill of Sale to Midland Funding LLC”. Also included is an ‘Exhibit 1 (Asset Schedule)’ and ‘Certificate of Conformity’ signed by Carolyn E. Huges. Regarding this paperwork, there is an issue of material fact Midland Funding LLC purchased a specific account under my name. Factual dispute #3: The copies of the credit card statements provided to the court and defendant are not covered by the affidavit of Latasha Wilson and are not mentioned in the affidavit. In Latasha Wilson’s affidavit, she describes herself as a Legal Specialist with access to pertinent account records for Midland Credit Management (MCM) under the assumption they are owners of the alleged account based on ‘electronic records’. I do not believe she is an employee of Citibank, however – therefore she cannot have first-hand knowledge of the account which I would believe would make her affidavit hearsay. Factual dispute #4: No signatures from myself and no witnesses as far of an oral contract, have been provided by the plaintiff in their Motion for Summary Judgement – to best of my memory, I have no recollection of this debt. Sorry for the long post, I would be forever grateful if someone can help out!
  12. I received a summons on Friday for a $12,000 credit card debt with Barclays. The last time I made a payment was September 2017, it’s listed on my credit as a charge off now. The first collection company was northstar, then one named LTD and then the last letter I received was sometime last year from Lloyd and McDaniel. I got tied up in this after I left my job to stay home with my first daughter years ago my husband lost his job a few months later and was unemployed for about 3 months. We are pretty much paycheck to paycheck especially with two small kids but I do have some money from our tax refund and would like to try to settle. Talked to an attorney and he said he usually can settle for about half of the amount owed but his fees would cost me about $2400 and if I make payment arrangements they’re usually for the entire amount of the original debt. There is no court date listed on my summons, just basically shows me as defendant and Barclays as plaintiff and says i have 14 days to file an answer. I have no idea what to do.
  13. I am in a mess and need help please. I am a single grandmother and I've had posession of my grandchild for over a year now. She is six, nonverbal and autistic. For the past few months I have been persuing custody of my grandchild due to her parents drug addiction. I don't have the money for a lawyer and CPS dumped everything in my lap to handle alone and told me to file for custody so without any help I am attacking this pro se. This is my grandbaby and I am doing what I have to do for her. That being said this is a horrible time to be sued, not that there is ever a good time. I was served on 02/22/19 and I am terrified to be dealing with two seperate court cases pro se at the same time. I have read the forums for many hours the past couple of days and it seems the more I read, the more confused I get. I would greatly appreciate any help and advice I can get. I know already that I am judgement proof in Texas due to my income being Social Security Disability and SSI. I live off less than 800.00 a month and I don't have money for legal fees. I know PRA could care less about my situation but this is the best place I have found on the internet for help. Thank you for even taking the time to read this. 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? (should be listed at the top of the complaint.) Rausch Sturm (Attorney listed is Jesse Dow Lockhart) 3. How much are you being sued for? 7251.80 plus court cost, interest, and attorney's fees. 4. Who is the original creditor? (if not the Plaintiff Synchrony Bank (Wal-Mart) 5. How do you know you are being sued? (You were served, right?) Served at Residence 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? None 9. What state and county do you live in? Rains County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? October 2015 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? Served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? 14 days (March 8, 2019) I'm not sure since it was after 5 pm on Friday if I would have until the following Monday. Did you receive an interrogatory (questionnaire) regarding the lawsuit? NO 17. What evidence did they send with the summons? None. Served with Original Petition only. 18. How did you find out about this site? Internet search.
  14. I received in the mail early this month paperwork regarding a consumer credit collection complaint case being filed against me by collection agency Portfolio Recovery Associates, LLC and I have no idea what to do. Below is what I found when I looked the case up online. What should my next step be?? Viewed Date Action Text Disposition Image 10/15/2019 7:00 AM DEPT. 33 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT 04/16/2019 7:00 AM DEPT. 33 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT VACATED 12/07/2018 PROOF OF SUBSTITUTED SERVICE OF CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 10/17/2018 OF PORTFOLIO RECOVERYASSOCIATES,LLC AS TO *** WITH DECLARATION OF DILIGENCE AND DECLARATION OF MAILING ON 12/04/18 FILED Not Applicable 11/21/2018 RETURN OF NON SERVICE FILED ON ***. FEE FOR NON SERVICE IS $59.50 Not Applicable 10/17/2018 CASE ENTRY COMPLETED Not Applicable 10/17/2018 ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 10/17/2018 OF PORTFOLIO RECOVERYASSOCIATES,LLC FILED Not Applicable N/A 10/17/2018 COLOR OF FILE: BLUE Not Applicable 10/17/2018 COMPLAINT FILED; SUMMONS IS ISSUED Not Applicable 10/17/2018 CASE HAS BEEN ASSIGNED TO DEPT. 33 10/17/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 4/16/19, AT 7:00 IN DEPT. 33 10/17/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 10/15/19, AT 7:00 IN DEPT. 33
  15. HELPPPP!!! okay, ill try to keep this short and detailed! Accident occurred 2 years ago. Insurance adjuster insists I am the 100% responsible party. I disagree. I had several conversations with the insurance adjuster and got her to "reduce the total cost by 15% for possible lack of attention and possible speed being a factor for the other driver". After I got her to admit that much, I knew I had to stick to my guns and not agree to take 100% responsibility. Fast forward to not being able to afford a lawyer (I have 3 small kids, 2 working parents, cost of living is through the roof in NH there was very little wiggle room in our budget) and not being able to find anyone willing to accept pro-bono once hearing the details, I was left to fend for myself. Now here we are 2 years later and I have finally received notice that the lawyer representing the original insurance company has filed in small claims court HERE IS THE KICKER! the paperwork I received states I owe $92,226.75 + filing fees of $145.00 bringing the total to $92,371.75?!?!?!? WHAT IN THE %^#%#$ the original amount back in 2016 was a little over $10,000 After speaking with a representative at the law firm, she confirmed it was in fact a typo. The actual amount should say $9,226.75 HERE IS THE QUESTION! Can I get this whole thing dropped because of this typo???? Small claims court is only supposed to accept charges up to $10,000...... what can I do?!?!?! any help appreciated! TIA
  16. Im going through this for the first time, as a young adult, with little or no help. I have a few specific questions that I couldn't find the answer to on this blog. I'm representing myself in this case due to a lack of money for a lawyer so it's all new to me. I have attached the summons I received to help you better understand my questions in case they're not exactly clear. 1. Who is the named plaintiff in the suit? Calvary SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Firm in Fresno CA 3. How much are you being sued for? $801 plus attorney's fees and court costs etc 4. Who is the original creditor? (if not the Plaintiff) GE Capital then Synchrony 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) Given to my roommate then mailed to me. 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? Orange County, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It's claiming on Oct 6, 2014, but I know I did not make that payment. 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? Suit served I believe? I've already filed my general denial with the courts. 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. But I've already filed my response. I wish I would have found this blog before responding. I'm not sure what the 'charges' are. And no I did not receive an interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. -Affidavit of sale -Certificate of Conformity For Notary -A BOGUS looking Bill Of Sale -A BOGUS transaction summary of a supposed payment I made to synchrony. Now there are a few things that I don't understand. First, how on earth did they get $836 as the charged off amount when my credit report states the charge off amount, as reported by Synchrony Bank, was $334? And what are the 'adjustments and/or credits applied' (Highlighted in the file I have attached) that then brings it to $801? Second, I know for a fact that I did not make a payment for this credit card in October of 2014. The supposed last payment I made. Not only do I have no record but I know I didn't because at that time I was about to be evicted and I know 100% the last thing I would worry about paying was a couch payment. I didn't even have the money to pay my electricity bill that month, why on earth would I pay $120 for a couch payment?? Is there any way to demand more about that alleged payment? The bank account I was using during that time I don't have anymore so I no longer have access to those statements as they were online. Additionally, after reading a few threads on here, can the plaintiff say that "Plaintiff's damages and injuries were proximately caused by the acts or omissions of these defendants."? (Highlighted in the file I have attached) I believe I read something about rebutting this because they bought the debt so they brought the damages upon themselves or something like that? Lastly, they state in their summons "No part of said sum has been paid, although demand therefor has been made, and there is now due, owing and unpaid from said defendant, and each of them, to plaintiff, said amount". And even claims I "refused" (Highlighted in red in the file I attached) to pay??!? I Never had any contact from cavalry by phone or mail before being sued, I haven't lived at the address they state I live at since 2011. How can demand be made when I never received a demand from them? As I said, I wish I found this forum before I filed my reply. I'm not sure what to expect, I've never been sued before, let alone by a debt collector. What should I expect next? Will I get something back from cavalry? I sent it first class USPS on the 21st of last month (September) and haven't received anything yet. Thank you so much in advance for the help! Summons_CAVALRY_1.pdf
  17. Hello All, I am looking for some help. I was recently sued and I don't know what to do. I'm trying to stay calm, but I am internally freaking out. If you one can provide any details, I would greatly appreciate. I'm interested in the arbitration path, but I'm not sure if that will help me or hurt me. Below are the details of my situations. I currently live in GA and I'm recovering college graduate. I don't have any money to spare, but I also don't want a judgement on my public record. Please Help Me! 1. Who is the named plaintiff in the suit? Velocity Investments LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ragan & Ragan 3. How much are you being sued for? Under $4K 4. Who is the original creditor? (if not the Plaintiff) Lending Club, maybe Web Bank 5. How do you know you are being sued? (You were served, right?) Served in person 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? nothing 9. What state and county do you live in? Georgia, Dekalb Conty 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. What is the SOL on the debt? To find out: 6 yrs Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served. Must file answer within 30 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? 30 days. (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. Defendant is a resident of this county and is subject to the jurisdiction of this court Defendant resides and may be served at 'insert my address' Defendant executed a electronic transaction entering a loan agreement, identified as 'account' with Web Bank. This was serviced by LendingClub Corporation Defendant received the load proceeds Defendant breached the loan agreement by failing to pay as agreed and left a balance Webbank has transferred all their rights, title, and interest in this loan account to lending club Plaintiff purchased the loan agreement and received written agreement of the debt at issue in this action Despite demand by Plaintiff, Defendant has failed to pay amount due on the loan amount Defendant is liable to Plaintiff for the sum of $XXXX.XX in principal, $XXX.XX in interest and fees, and costs of action Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. 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. Loan Agreement printed offline, Loan Disclosure printed off line, Certification of Loan Sale, Bill of Sale, two spreadsheets w/ principal, interest, payment breakdown and payment history
  18. I was just curious if debt validation is a good idea? I received letter from a collection agency stating that they have purchased a charged off debt from Sallie Mae (Not federal, Private Loan). In the letter they sent they give me the balance owed. The amount is high, close to $10,000. In the letter, it looks like they do have the full account number, and balance owed and purchased from Sallie Mae. In the letter they go on to state that I can send a debt validation letter within 30 days, without that letter they will assume the debt to be valid and it goes onto say they will obtain a judgement against me. I know now to deny everything; however I wasn't sure whether or not to send the request for debt validation; due to denying everything later..thanks for any insight... Just to clarify they are within the SOL, last payment date was September 2017
  19. Hi Everyone; I'm being sued by Portfolio Recovery Associates for almost 2,000. Original credit card was opened in Texas, I now live in Washington state, SOL for Texas is 4 years and PFA is within the SOL...also In addition, they do have a very strong case. This is the timeline.. In September 2016, I received a notice of appearance from PFA. I did file my answers in October 2016, filed a copy with the court and sent the copy to the lawyer listed on the document. Due to my lack of experience, in one of my answers I do admit to owing the debt to Synchrony Bank. (My assumption is that is all they need in court to win the case). In August 2018, I received a msj, which states that relief is demanded due to no genuine issue of material fact. It goes on to state that if a summary judgement is not granted in the Plaintiff's favor that the court, by examining the pleadings and evidence before it, and by interrogating counsel, ascertain what materials facts are actually in good faith controverted and there upon make an order specifying that facts that appear without substantial controversy and direct such further proceedings in the actions are just. The next page states that facts, basically states I made no objections to the charges and balances on my Synchrony bank statements, which is true. It then states that my account was sold to PFA and I now owe them.. The evidence they relying upon is my admittance, declaration of custodian records, monthly statement of account, and bills of sale. Next page goes on to state a breach of contract next page cites that while Washington courts have previously required more than monthly statements to establish credit card acceptance, that my case in paticular does not meet this standard and they cite the Stratman case to establish precedence. They also list another case Sunnyside Valley, where due to not disputing the debt for over 3 years that they now can legally acquiesced to the accuracy of the debt of the stated balance and I'm now barred from now arguing that the balance is somehow invalid. Next page is Attorney fees Next page after is the Declaration of Custodian of Records from a PFA employee. Next page is Exhibit A-which shows my last statement of last date of payment, after that is the statement a few months later with late fees, etc which balooned the payment up by almost 600 dollars. Next page is Exhibit B-Bill of Sale but my name and account number is not listed anywhere at all on this document. Next document is just document for the judge to sign to award the plaintiff, (I'm guessing this is for the 98 percent of people who don't show up) So this is my question; it looks like they have a very winnable case. I'm filing my response in the next few days. I will most likely settle, but I don't want to just ignore and they automatically get a default judgement, most important thing to me is not having my wages garnished and not have a judgement on my credit report. I considered calling them to settle, but I don't trust them. I feel like we will make an agreement on a settle amount, which will lull me into a false sense of security, which means I don't respond to the MSJ and they decide to get the default judgement anyway. so a couple of questions, first of all, what paperwork do I need to file when responding to the MSJ? and even though PFA seems to have done everything by the book in my case I'm considering a counter suit, I just have to find one or 2 violations, if I'm able to find those,what are the steps for a counter suit? I've already reached out to a local lawyer and they said it isn't worth hiring a lawyer over as the lawyers fees would be as much as the debt. Please get back to me as soon as possible, will be filing the msj response in just a couple of days..thanks One last thing per SOL if following the 4 year rule, do they go by the transaction date, for example lets say transaction date was August 13th,2014 but posted date for payment was August 20th,2014,which date does SOL fall under? In addition does the sol the last payment date to when the Plaintiff filed the notice of appearance which in my case was October 2016, or does it go by when they filed the MSJ which was this month or does it go by the court date which is in a couple of months?
  20. Hello, I was served papers by Capital One Bank a few months back. I filled out a form for the plaintiff to prove their allegations against me and turned it into the court here in my town, as well as sent a certified copy to Capital One Bank. I now received a Notice of Bench Trial paper in the mail from the Civil Clerk of the Court. Can anyone tell me what to expect? I know that if I do not show up I could get a default judgement against me. This is all new to me & I'm trying to self-navigate. Is it likely for a representative of Capital One Bank or their lawyer show up? Is it also possible to work out a payment plan granted they win and I get that default judgement? Thanks in advance for any direction!
  21. I got a letter in the mail from a credit lawyer saying someone has filed a law suit in my name gives a court case and suing by Barclays Banks case was filed on 04/18/2018 ... I’ve never heard of this bank what should I do ? I have not been served
  22. Hello, I'm new here. Short story to explain what I am wondering. I've been out of work, need back surgery, 59 yr old female, zero income. Husband lost his good 16 yr. High paying job. Now he works hard labor at $11 hour. We own one paid off house, one van that will pay off in Sept 2018. Once our income went to hades, we were only able to pay utilities and eat(also joined a food bank. ). It's bad, real bad. All of our unsecured credit accounts went sour. We both owe 3 or 4 to Midland and some other creditors. Midland/MCM put a judgment againt me and we have several others too. I'm on oxygen too(as needed)so going downtown to fight creditors was impossible, I cant afford portable O2, no insurance, no $ for deductable either. My home is paid off and hudband gets his payroll onto a debit card. We don't care if creditors lein on the house as we plan to die here and not sell. I understand Texas is great at protections for debtors but I am wondering... Will the creditors still send a Sheriff out to take things? Will they let me know in advance? Will they come at night? The furnishings I have are crappy, garage sale bought stuff. I have sold everything off over the past 3 years to pay for doctor bills and medicines for my back. If a sheriff can come, how do I claim the few things I would like to claim as heirloom? I also have a pistol from my deceased Dad i would like to keep. Does the sherrif bring a truck and load it? I and my husband can not move boxes or dig through closets anymore. The van sidevand back doors do not open anymore, broken. What can I expect? We never could do anything to defend ourselves. We might try bankruptsy in a few months but even that is hard to budget. Thanks if anyone can tell me the worst to possibly happen, so we can mentally prepare for any hammers to fall on us. Mrs. JoL Forgot to add one more question, please: Midland sent a bland unmarked envelope, didnt even show their address, so it got put on the table, just found it today. It is some questions about jobs, banks, ect, is this a legal discovery letter? Am i forced to answer it? I was thinking it was just bs mail since it did not come certified. I thought it had to be signed for to be legal in Texas.What if I ignore it?
  23. 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint. 3. How much are you being sued for? $3,000 4. Who is the original creditor? (if not the Plaintiff) WebBank 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? None. 9. What state and county do you live in? Orange County, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The account was closed in 2015. 11. What is the SOL on the debt? To find out: 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). Case management conference scheduled for the 20th of this month. 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? I already filed an answer in January, a general denial Complaint Stated: 1) Open book account for money due 2) Because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff 3) for money lent by plaintiff to defendant at defendant's request 4) for money paid, laid out, and expended to or for defendant at defendant's special instance and request 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Last statement, account summary report including: -original creditor, account acquired from Santander (they also included a incorrect address which is why I never received a collections notice), ownership history (WebBank, Santander, Sherman Originator, LVNV Funding) I barely discovered this site 2 weeks ago, I didn't know that there was such a site that existed. I'm just a bit scared and confused, I'm a college student and this is my first time being sued...all this information is scary, confusing, and completely over my head. I sent BOP two weeks ago and received it 3/9. In the BOP it states: "Plaintiff objects to defendant's attempt to use a BOP demand to request outside the scope and requirements of a BOP demand thereby placing an undue burden on plaintiff. Plaintiff hereby complies with defendant's demand for BOP by attaching printouts of such available documents as may be located after a reasonable and diligent search. However, in accordance with Regulation Z, truth in lending, plaintiff's predecessor is required to keep documents on open-ended accounts for a period of 24 months. After that, the documents may be destroyed. A creditor shall retain evidence of compliance with this regulation for ...2 years after the date disclosures are required to be made or action is required to be taken. Plaintiff reserves the right to supplement this response at such time as any missing transactions are located" In the documents they sent, they sent over the statements, bill of sale (with all signatures) & transfer + a bunch of redacted info. In the BOP I sent I requested "the items and details of the account on which the cause of action for goods sold and delivered of plaintiff's complaint is based, including the date of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction." using the template. I don't know what to do, I'm scared and waited until the last minute because I'm intimidated from this whole process. Am I supposed to file anything before the case management conference on the 20th? It is currently the 10th. At this point, what are my options? Thank you all for reading this novel.
  24. I am trying to help my son who is being sued by Capital One for credit card debt. I really wish I had found you sooner but maybe there is still time to do something, I am hoping you can help. We issued a general denial and I was going to challenge jurisdiction so I was looking for some information for that when I happened upon this website and saw the, DEFENDANT'S ORIGINAL ANSWER, PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS provided to Htown, oddly enough 3 years ago today. I read it over and it looked like just what I need except the plea to the jurisdiction is addressing a debt collector and not the original creditor. The suit was brought by debt collecting lawyers who claim that Capital One is the plaintiff. I am pretty sure that the law firm is actually the plaintiff but I have no proof of that. I asked that they prove they have authorization from Capital One but all we got was a copy of their bond. After I sent the general denial they asked for a continuance to the trial, it was postponed from June 26 to August 22, maybe. I say maybe because we have never received a notification from the court on when the date actually is, I called down there last week and the clerk lady said it was going to be on the 21st but the judge couldn't be there so they were going to change it to the 22nd. It seems to me they would be required to give us a definite date before now, it is not but about a week away now and still no official notification. She said she was going to send the notices out but as of Saturday's (8/12/2017) mail we still had nothing. The Texas rules of Civil Procedure 503.3 says they are supposed to give 45 days notice of trial date, but that doesn't mention a postponed trial, but still it seems like we should get more than a week of official written notice. A week or so ago the law firm sent an affidavit from the accounting dept at Capital One as evidence and then Friday they sent a motion for summary judgement with another affidavit from another accounting person. I was going to just send the special exception part of your brief as they are basing their argument on the account stated. I was wondering if you had anything for the jurisdiction if the original creditor is listed as the plaintiff? Is there any way to prove the law firm bought the debt and is collecting for themselves? Any help would be greatly appreciated. I know this is short notice, again I wish I had found you sooner. I was going to challenge jurisdiction based on the fact that there is no valid contract due to the deceptive methods used to coerce my then 18yr old son into contracting with them. Any help would be greatly appreciated.
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