Jump to content

Search the Community

Showing results for tags 'SUED'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Cosmetic Changes to the Forum
    • Resources
  • Credit Repair
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Identity Theft
  • 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

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

  1. Good morning, I've attached the petition that I received taped to my door about being sued by this collection company. I have to answer within 14 days and I have no idea how to answer in a professional way but also a way that I don't mess up and make me lose the case as well. The court suggested I contact the lawyer on the last page and work out an agreement to drop the case and I settle the debt. After reading numerous sites about this company, I'm not seeing anyone suggesting that since this company is bad about never stopping to collect until they get the whole amount they are asking for. Then continues to sue until it's fully paid for. Is it better to contact them and pay the debt or fight it out in court? I really don't have the money to hire a lawyer. The amount they claim I owe is $880. Anyone have any advice on this and has anyone ever won against this company or settle the debt with a success? portfolio recovery lawsuit.pdf
  2. Please Help!! Approx 2 months ago, i received a voice message on my cell phone from N&K that they were going to suit me and that that message was just a courtesy call. A few days into July, I am served papers stating that N&K filed suit against me for approx $4k near the end of June on behalf of razor capitol. I know i need to file a written response, but am at a loss on how to respond to this. I do know that razor capitol is not the original creditor and that the original creditor sold the "pool of receivables included in an electronic data file" (their words not mine). Also, in the suit papers filed, they keep referring to exhibit 1, but i can only find 2 exhibit A's, a page that only says exhibit B, and a page that is a summary of exhibit 2. Furthermore, i am even more confused because they originally state that it is an open-book account, but later state that it's an account stated in the second cause of action. Please help!! Thank u in advance to all who do
  3. In 2013 I was sued by Cavalry from an HSBC card I had no idea about from 2008. Only reason I even found out was I got junk mail from an attorney saying we noticed you where being sued here is our info if you need help. I was crazy confused. The week before DH left for a year long deployment the day he left, that night my father died. Basket case I was and had never had any legal issues before. I did hire an attorney and the case was dismissed with prejudice also stating a release on all liability for account. OK well I was ok with this but not understanding it completely however I had other issues to deal with. Two of the CRA had been reporting this HSBC account as in collections with a trade line (just found out what that meant) also stating as derogatory charge off. I contacted Cavalry who gave me a date of April 2013 when it reported to them the status and deleteion of account. However just this past month when I disputed with the one CRA the tradeline was gone. However I have proof that HSBC reported on it for three years. My question is what in the world is the point of this judgment if it still reports and charge off collections and negative? Seems like I would have rather taken my chances proving my case to get it off my report but silly me assumed that the whole point of that was to clear it up. So basicaly all for nothing but the chance of not being sued again and that was not exactly my concern well yes it was but more so having it not negative on my CRA . Thoughts?
  4. I have searched but I cannot seem to find out exactly what to do, I am posting this in hopes I can obtain some help on how to proceed. I do not want to wait too long to file an answer. Please Help!! 1. Who is the named plaintiff in the suit? Portfolio Recover Associates LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Atty, Raush Sturm Israel Enerso & Hornick LLC 15660 N Dallas Pkwy Ste 350 Dallas, Tx 75248 3. How much are you being sued for? $ 1123.79 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Lowes) 5. How do you know you are being sued? (You were served, right?) Was Served paperwork stating I was being sued. 6. How were you served? (Mail, In person, Notice on door) In person at my door. 7. Was the service legal as required by your state? I answered the door and received the paperwork 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I had no interaction with PRA to my knowledge. 9. What state and county do you live in? Texas, Dallas County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 15, 2015 11. What is the SOL on the debt? To find out: 4 years for Texas I believe 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). Cannot seem to find info online and court house is closed. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not disputed any of the debt. 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 I did not send a debt validation. 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 within 14 Days. Receive notice on 04/08/16 @ approximately 1800 hrs. (Friday). 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing else was sent with the summons. I have attached pics of all that I have received. I am attaching the files of the paperwork I received. I need some help in understanding what I can do.
  5. Well I got served on the 8th of Feb by Wakefield and Associates for an alleged Checking Account that was overdrafted. The sum is 993.69. I am in Nebraska and I believe the SOL is 4 years. They show in one of the exhibits the account and a LC/LP of 01/19/11. I'm not sure what LC/LP means but 2011 would make this over 5 years old... Should I file a motion to dismiss or answer the complaint denying the allegations?
  6. Hi, I'm desperately in need of some help. I received a civil complaint from Portfolio Recovery Associates saying that they are suing me for a debt i owe from a credit card. First of all, I don't remember receiving anything from them regarding my account or them saying that they are even valid and that I should pay them. From looking online, I see that they aren't exactly the most professional business, so I was wondering if I might be able to get some advice on what I should do and how to deal with them. I am definitely going to dispute the debt and ask for them to show me the evidence through my answer to the court. Currently, I'm looking for a lawyer to get some more advice as I'm not too knowledgeable about how all of this works, but even if I can't get one to represent me, I'm going to fight it. For their exhibit (evidence), all they sent me was a statement from my credit card (the statement is from citibank, not even them) from August 2014, and a bill of sale/assignment from citibank dated march of 2015. I can't say for sure if I saw the first statement, but I've definitely never seen the Bill of sale and assignment. Thank you in advance for your insight.
  7. I live in GA and am being sued by my homeowner's association for unpaid dues in the amount of $3800 which includes court costs, interest and legal fees. I was laid off for 3 1/2 years which caused me to get behind. My court date is at the end of this month. I actually owe $2958 and am willing to try to work out arrangements to pay the $2958 before the court date to avoid going to court. I was wondering if I should contact the attorney's office and offer to make a payment (I could give them at least $1500 now) and see if they'd be willing to settle the debt for the $2958 (I could give them the rest over the next 30 days), what exactly should I say when I call, and if they agree, what should I have them provide me with to show that we worked out a settlement arrangement, and when I make my last payment what I should have them submit to me or any other parties to show that I paid the debt?
  8. Hello folks, first of let me send out a thanks boy am I glad I ran into this site so much information, knowledge, and some pretty great folks all put into one place Awesome. Now to the not so awesome thing I was served a couple weeks ago and need to make a move as my 30 days will be up in the coming days (I know I should not have waited this long but I did have to deal with some pretty hard personal issues during these past weeks). So Calvary SPV is suing me as assignee of Citibank NA here in California for under $5,000 the summons includes a photocopy of a credit card statement (does this mean verified) I know my first thing to do is respond to the summons and ask for verification but would like to see if I can get a more detailed info on how to do that correctly and ask you members does a statement show proof of verification. Thanks in advance
  9. I originally posted this in another sub-forum but believe this is actually the correct place now. I'll delete from the other. 1. Who is the named plaintiff in the suit? - Portfolio Recovery Associates, LLC Assignee of Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Michael J Garza Dallas, TX / Rausch, Strum, Israel, Enerson & Hornik, LLC 3. How much are you being sued for? - A little over $5,000 4. Who is the original creditor? (if not the Plaintiff) - Capital One 5. How do you know you are being sued? (You were served, right?) - Served with Citation and Petition 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 believe so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - Denial via phone 9. What state and county do you live in? - Texas, Navarro 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - Jan 2013 11. What is the SOL on the debt? - 4 years 12. What is the status of your case? Suit served? Motions filed? - Petition filed 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? - Yes, only verbally, not written 15. How long do you have to respond to the suit? - 14 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Nothing beyond petition. Attached documents. I've seen a drafted answer someone put up for another Texas case and that it has been referred to a few times. I just didn't know if it was applicable to my case. My current plan seems to need to be: 1. Draft answer. 2. File at around 12 days and send a copy to the lawyer via certified mail. 3. Prepare a petition for discovery and motion for discovery. 4. File petition for discovery the next day after answer. Have motion ready in case it is requested or approved. Thanks to all who step up and help me during this trying process. Small Redacted.pdf
  10. I require help please. I was just served with a suit and have 14 days to respond. I will provide any info requested as soon as possible and greatly appreciate any assistance. Plaintiff: Portfolio Recovery Associates, LLC Assignee of Capital One Bank (USA), N.A. Court: Justice of the Peace Plaintiff Attorney: Michael J Garza, Dallas, TX The final page lists Rausch, Sturm, Israel, Enerson & Hornik, LLC. I have scanned and redacted copies for anyone that is willing to help me. Thanks. Edited to attach documents. Small Redacted.pdf
  11. First of all, Thank you for any and all assistance. I recently recieved a subpoena notifying me that I am being sued by Portfolio Recovery Associates. I have never been issued a subpoena before and have no clue what to do. I am panicking. I have attached the first 5 pages of the subpoena. The other documents included are sell of the debt and a credit card statement from 08/2012. If I need to include those, then I will. The documents have been edited to remove personal information (name, address, case number, ect.) If needed, I will PM you. Thank you again, redd4949 Here is how it reads. Portfolio Recovery Associates LLC Assignee of In the Justice Court HSBC Bank Nevada N.A. Capital One N.A. / Best Buy Harris County, Texas Plantiff Precinct 4, Place 2 vs. 7900 Will Clayton Parkway My Name Here Humble, TX 77338 5849 Defendant 713 287-2450 Citation (Debt Claim Case) The State Of Texas County of Harris: To: ANY SHERIFF, CONSTABLE, PROCESS SERVER CERTIFIED UNDER ORDER OF THE SUPREME COURT, OTHER PERSON AUTHORIZED BY COURT ORDER, OR CLERK: Deliver this citation, together with a copy of the petition, to: My Name Here My Address Here My Phone Number Here TO THE DEFENDANT: You have been sued. You are commanded to appear by filing a written answer to the petition filed by Plantiff with the Clerk of the Court on or before the end of the 14th day after the date of service of this Citation. If you fail to file an answer as required, a judgement by default may be rendered upon the plaintiff's proof of the amount of damages. Date Petition Filed : 10/02/15 Nature of demand made by Plaintiff(s): money owed in the amount of $1381.04 together with attorney's fees, cost of court, interest as provided by law and general relief. A copy of the Petition is attached. You have been sued. You may employ an attorney to help you in defending against this lawsuit. But you are not required to employ an attorney. You or your attorney must file an answer with the court. Your answer is due by the end of the 14th day after the day you were served with these papers. If the 14th day is a Saturday, Sunday, or legal holiday, your answer is due by the end of the first day following the 14th day that is not a Saturday, Sunday, or legal holiday. Do not ignore these papers. If you do not file an answer by the due date, a default judgment may be taken against you. For further information, consult the Texas Rules of Civil Procedure, Part V, Rules of Practice in Justice Courts. A copy of the Rules is available at http://www.jp.hctx.net/ or at the Justice Court.
  12. Good morning all, I'm new and have been reading much about amex, and arbitration. reading the fine print on the CC agreement is sometimes "yeah,yeah,yeah", until you come to a place like this and see there's a good reason for these things. Thank you! ok so Amex just served me yesterday and I want to be timely and not have a judgement against me just yet. I've been reading arbitration may be the best thing for me? Maybe not. My debt is for 23Km it was 30K but over the past 8 months I've been paying it down to 23K. Back story: I had an IT consult business which took a turn for the worst, when the economy feel in 2008 or so, and I had to reinvent myself. I started selling collectibles onn ebay and have been supporting ym family this way for several years now. I made the mistake of using Amex to support paying my distributor for my inventory and my monthly faul in full grew to about 8K a month. I was able to pay this off each month. I started hitting a"spending limit" with Amex but was told I had no stated limit, but each month I'd hit an invisible limit at about 32K so I wasn't able to use it at that point so I would pay it down and be able to use it, I put some of the debt over on pay over time so I could continue using it. One month I was late on my payment, I believe I was 20$ late or something close, but the put a freeze on my spending ability until I was caught up. Things happen and when this happen I had to use the cash from sales to pay the distro to stay in business. The feed the family, then the excess would go to amex to pay it down. Still unable to use the card they then lowered my credit limit to 20K and I was still unable to use and my paying ability went way down as I had to use that money from sale to 1) pay the distro, 2) Feed the fmaily, 3) pay amex. Amex cancelled my account and sent it to a collector, I forget the name but I was still paying amex each month any amount I could and in the past 8 months have paid it down 8K. They don't care they want their money. I understand this. can't give what I don't have. Then I receive letter from attorney to contact them and I forget to as it sat on my desk in a pile until I was served yesterday. I called the attorney sung me and tried to see about payment plans, I said I could commit to 400$ a mnth for sure and then proceeded to tell him my back story as I did above. He sai he will talk to his liason and come back in a moment, he said that 400$ a month wasn't much and it would take about 5 years to pay off.( better than not right?) BUT NOW he would have to consult with his client about the allegations of invisible spending limit I stated and then get back to me about it when he could. I said let's just work on payment plan and he said he couldn't until he looked into the m,atter more. I asked him so basically your saying you're blowing me off and I'm going to just have to go to court? He said he couldn't give legal advise and to consult my attorney and then basically hung up. After initial upset, I say down and started researching and came upon this site. Suit is filed by Law Office of Sara J Hamilton P.C. for American Express Ccenturion Bank, a Utah Bank. I have 30 days to file written response. ourt filedin is here in San Diego so I assume that's where I file my response to go to ARB? So here's more info on me: I work for myself, slef employed.. Last years net income AFTER taxes was approx 10K-15K, I'll have to look it up, but I have a lot of write-off as my home is my place of business and things add up for running the business, gross income is over 100K but with inventory all bills paid and halth insurance net is what I stated above. I own NO Property. I have a bank account that has little money in it at any one time. I use paypal and it's debit card for monet transactions unless I have to transfer money tot he bank to pay bills I owe a Toyota Highlander outright, it's the family vehicle. I am paying on a new toyota truck which is also the work truck for IT stuff(what's left of it) and also a fmaily vehicle(dbl cab). My Questions: Should I do arbitration? or go to court? I'm familiar with small claims as I've had to sue to get paid as well, and a judgement is something that is on your CC report until it is paid correct? and then 7 years after right? Summer time is slow for sales of my kind but I'm still putting money towards the debt, as much as I can when I can. My thoughts or assumptions after reading on here for several hours is with arbistration I am basically buying some time? If I go through JAMS for arbitration, amex has to pay for it? Or I can get their fee's waived as I was just approved for Medi-Cal, californias low income health insurance, so courts site says I can qualify because of that for fee waiver. Same for JAMS? So opting for ARB I understand it will start to cost AMEX more moeny to deal with me, and they may drop the collection? if so what is put on my CR? A charge off? If they continue with ARB, they run up the bill and if we go through ARB will that give me an avenue to ask for a payment plan or what? have read much on here but I am still alittle unsure of what ARB does for me and what happnes if it actually happens. I think I understand there is a judgement still but how is it different than going to court? Should I file some STAY on the court until ARB is granted? Will ARB be granted with JAMS when I call them and file for ARB? Any help is much appreciated. I do well with visual so an outline of what I should/need to do would be appreciated, I will be reading the ARB forum next after lunch and try to figure more out on my own. Thank you.
  13. I just received a drop off summons and complaint from a JDB- Cache confirmed copy filed with the court with a case #- It was dropped off to the UPS Store and the clerk there said they ask if that person has a box and just hand him the complaint- I asked the clerk and he said a process server dropped it off. But I see NO PROOF OF SERVICE ATTACHED. I also asked the clerk if he signed anything to receive it- he said no. The complaint also states the debt was assigned to them in 2012. It also said within the last 4 years defendant became indebted. I will check the SOL on this and see what appears on my credit report as last payment by OC. I will use lack of standing to answer- but first I want to know if this is legitamate service?
  14. Hello, I am being sued by Midland Funding original creditor Citibank(Home Depot). I must answer by 5/28/15. I am very willing to fight this to the end, but the amount of evidence/account information included is slightly intimidating. I have reviewed a lot of information on here, but have not been able to find a case with as much up front documentation as I have been provided. I will post all of my documents recieved in the following post. Please give any feedback possible. Thank you for your time.
  15. 1. Who is the named plaintiff in the suit? PCA Acquisitions V, LLC 2. What is the name of the law firm handling the suit? Machol & Johannes 3. How much are you being sued for? 4,500.00 4. Who is the original creditor? GE Capital, amazon card 5. How do you know you are being sued? Served 6. How were you served? They handed papers to my husband when he answered the door. 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? Washington state Clark county 10. When is the last time you paid on this account? last payment made was 1/22/14 as per my credit report, But looking at the summary on my payment history it is 10/2013 11. What is the SOL on the debt? 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? by tomorrow 16. What evidence did they send with the summons? An affidavit and bill of sale I messed up early in the case, I was served with papers that seemed like a scare tactic because they had no court case or date. I reponded to both the courthouse and the plaintiff with: My affirmative defenses were as follows: Defendant denies the allegations contained in Paragraph 1 of the complaint as defendant is without information or knowledge sufficient to format an opinion as to the truth or accuracy of alleged assignments or entitlements. Defendant denies the allegations in paragraph 2 as there is not, nor has there ever been any agreement, written, oral or implied with the plaintiff and defendant. Defendant lacks knowledge of the truth and thereof denies allegations contained in paragraph 2, plaintiff has failed to provide defendant with any kind of account numbers or documentation for alleged debt. I have not entered into contract with the plaintiff I dispute the amount to be owed The amount demanded is excessive The defendant states that other defenses and counter claims may exist and will be added as they become known. Wherefore, the defendant prays that the court take nothing of the plaintiff's complaint by virtue and dismiss the complaint. I was mailed documents requesting motion for default and judgement last week that give both a court date (July 17th and a case number) along with an affidavit, bill of sale, copy of service papers and my affirmative defenses. My question is, have I messed it up and have no recourse of action? or can I motion to dismiss because the proof they provided was hearsay?
  16. Please help! We own a small property of land (a parking lot) in LA, California but we live in Washington and haven't been to CA for years. We got recently sued for "violation of the unhurt civil rights act, civil code section 51" and "pursuant to Code of Civil Procedure section 474." According to the complaint, the plaintiffs were unable to park because it lacked a 192-inch-wide van-accessible handicap spot and adjacent access aisle and because of that, they experienced difficulty in a place of public accommodation. We are being sued for no less than $8,000 in damages, fees at rate no less then $400, costs, and prejudgement interest! I really don't think this is fair and we really don't have the money to pay for that! Please give us some legal advice!
  17. Good Evening, I am BrokeBaker: I accumulated debts when my mom died a month before I opened a bakery. Since closing that business 3.5 years ago, I'm still underemployed/unemployed, and I've watched my bills grow and grow while trying to get from underneath them and also not ending up homeless. Tonight on March 27th, 2014, when I got home, my roommate handed me a summons that he received for me. I am being sued! This girl is very scared, very overwhelmed. I've spent the last 3 hours reading through the forum, and there are a lot of relevant cases to mine (Homeless in California to name just one). But there is so much information and I'm not sure what to do or what the sequencing is. I'm utterly overwhelmed. Is there anyone out there who can help me make sure I have my immediate plan of action clear? Step 1: Respond! I know that I need to file an answer to this summons within 30 calendar days from the date I was served. So, I need to provide a written response by April 25th, 2014. Because my roommate was served and not me, I may actually get an extra 10 days to respond. (1) Can I mail my response to the summons? The suit was filed in a courthouse that is about 30 miles away from where I live, so I wonder if I can "answer" this lawsuit via certified mail, or if I need to go to the courthouse. Anyone know the answer to that?. (2) Affirmative Responses/Defense: In my response to the summons, do I need to write a word document or do I need to complete an official Court Form? I'm not sure if there is a template or legal required form. I know that I need to provide a written response to the summons with my "affirmative defense". I know that if I don't list them in my response, I cannot use them in my defense later. How do I decide all of the affirmative responses that I can use? What are some common options? From what I read, here's what I think: Statute of Limitation: I haven't made a payment on this account since at least 2009, which means this is outside of the statute of limitations (SOL). SOL in California is 4 years, I just learned on this excellent forum.What affirmative defense relates to this? Is this "Lack of Standing"? I'm being sued by a Law Firm on behalf of Asset Capital Recovery Group (ACRG), but the cause of action says that I became indebted to Chase Bank. I have never had an account with Chase Bank. But, I know I had a Washington Mutual Account, and Chase Bank purchased Washington Mutual (which is now a defunct bank). I don't even know if ACRG or Chase has written record of this debt, and I don't know for sure that ACRG can represent Chase to sue me as they have provided no paperwork or documentation. What affirmative defense would cover this scenario, if any? ​(3) When Do I File CCP96?: I now know that California Civil Code 96 [form found here: http://www.courts.ca.gov/documents/disc015.pdf] is my request to the Plaintiff basically saying "I want to know who your witnesses are and what evidence you have that I owe this debt, and what signed copies of the contract do you have saying I agreed to this debt". When do I file this form? Do I file it with the courts at the same time I respond to the summons? (4) Is CCP 96 related to BOP? When do I serve the plaintiff with the Bill of Particulars (BOP)? Again, this is a question of sequencing. I do have a lovely word document template I obtained from one of the forums here. (5) I see a "General Denial" form. [http://www.courts.ca.gov/documents/pld050.pdf] Do I need to submit this? And if so, what is the sequence? (With the answer to the summons?) (6) When do I send CCP 98? Again, this is a question of sequencing ----------Any information you all can provide would be incredible appreciated. I can bake an amazing cake, but I have no head for all of this legal stuff. I know I wrote a lot, but I"m trying to be thorough and clear------------ If it's helpful, I'm attaching my case below since I've seen this modeled on other posts: This is my case: 1. Who is the named plaintiff in the suit? - Asset Capital Recovery Group, LLC a Limited Liability Company 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Law Offices of Kenosian & Miele, LLC 3. How much are you being sued for? - $11825.17 + legal fees 4. Who is the original creditor? (if not the Plaintiff) - Chase Bank USA 5. How do you know you are being sued? (You were served, right?) - Summons served 6. How were you served? (Mail, In person, Notice on door) - summons was given to my roommate while I was not at home. 7. Was the service legal as required by your state? - Yes as far as I know. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - I received a collections call on the matter and when I said I couldn’t make payment arrangements at the time given that I am unemployed, I was told that I would be sued in court. 9. What state and county do you live in? - California, Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - They don’t list this date in the summons, but it does list 12/9/2010 as a date that a 10% annual interest on the debt began accruing. The last time I paid a bill for Washington Mutual (which became Chase Bank) had to be late 2009. I certainly didn't make a payment on 12/9/2010. 11. What is the SOL on the debt? - 4 years in California 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) - Complaint filed: 03/18/14; Summons & Complaint served: 3/26/2014 - General denial (PlD-C-010 form): not filed yet - Plaintiff's RFA, Special Interrogatories, and RFP not filed/served yet - Defendants Answers to RFA, Special Interrogatories, and RFP not filed/served yet - Defendant's RFA, Special Interrogatories, and RFP not filed/served yet - Plaintiff's Answers to RFA, Special Interrogatories, and RFP not filed/served yet - MSC scheduled for n/a - Trial scheduled for n/a 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. - 30 days (possible 40 given that I wasn’t personally served the summons) 16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. - Contract Rule 3.749 collections. One cause of action “common counts” 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. - Yes, the complaint is verified. The person is a managing member of Asset Capital Recovery Group, and not Chase Bank USA. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? -No, I do not believe do. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. -There is no evidence with the summons or complaint. ---
  18. Hi I was hopeing i could get some help on drafting an answer for this. My mom is being sued in margistrate court of fulton county by midland funding. She is retired and her only income is social security payments and a small retirment pension. She also has a car from 2004. I know social security is collection proof and Ive heard that georgia has protection for assets up to 5,000. Is this true? 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? 1,743 4. Who is the original creditor? ( if not the Plaintiff) Chase Bank 5. How do you know you are being sued? (You were served, right?) I was served at my home on March 14 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? GA, Fulton 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 14. 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?) 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 1. Defendant resides in fulton county and is subject to the jurisdiction of this court 2. Defendent is indebted to plaintiff in the sums of 1,743, principal and 84.00 costs to date as follows. 16. 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 Closing statement Field data page Affidavit of emily persons from midland credit management
  19. Hi all, I'm a new user here, and new to all of this, (hence my user name) so please forgive my ignorance, because I'm sure there is a lot of it. Anyhow, I'm in Southern California, and about two weeks ago, a man came to my house and wanted to give me papers. I never identified myself as the person they were looking for (nor did the words "served" or "you've been served" ever come out) and the man just dropped off the papers and left. Now I spent the last two weeks doing research on what to do (I don't have an income but my wife does, we don't own our house nor our cars, no really significant assets) and/or who to contact. Fast forward to today, and the same guy comes back asking for my wife. Turns out it's the same legal firm, for the same company (Absolute), for the same card issuer (Capital One), but for an amount that is about four times the amount they are suing me for ($3,200/$900). So what information should I provide here? I'm not entirely opposed to paying the debt, but I hate to line the pockets of a random junk debt buyer. The first summons was brought here on September 10th (says the summons was issued on August 29th) and then the second one (for her) brought here today (issued September 10th). I don't have the money to file an answer. We don't have much income after we pay the necessities (rent, car payment, car insurance, utilities) and our son is special needs. Not sure if that matters or not, but I heard I could possibly get the fees waived? I don't want to ignore these and have $4,000 turn into $10,000 and have wages garnished. I check the SOL and it looks like they filed the suit a few days before it was up. They attached evidence such as a statement showing my last owed balance along with a payment (both in 2010 one for each card) and a form that showed they purchased the debt from Capital One for $32 million dollars (hers said $12 million). The amount they paid for the debts is blacked out. There's also a form from the CEO of the company saying they took ownership of the debts. Our account numbers aren't anywhere to be seen, except of course on the statements. There's also a notice at the back that says we can avoid court by calling in and arranging payment, along with another series of papers asking for a reduction in the filing fee for $44. Not sure what that is about. Both cards have a combined interest/fees amount of $600-$700. Both lawsuits say a hearing is scheduled for 2017 in Chatsworth courthouse. Not sure why it's so far in advance. Nowhere on the papers does it say we have to be in court. So what are my options at this point? Please ask as many questions as needed, I will provide any information I can that will help me out. I appreciate all the help, and God Bless. I almost forgot, they are suing for: Breach of contract, account stated, open book account, and indebtedness on both lawsuits.
  20. 1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?
  21. Back in Aug 2014 i was served with a lawsuit from Portfolio Recovery on a GE credit card that went bad in 2010. At first i panicked, my first thought was to call them and make a payment arrangement. But after speaking with my husband he told me to hold off and do some research. So i sat back for about a week and did some thinking. The first thing i did was file an answer to lawsuit. I simply stated that the Statute of limitation in Texas is 4 years and that this debt is Time barred. I also stated that if they pursued this lawsuit i would file suit against them for violating my fair credit rights. I sent Portfolio a certified copy of my answer and trotted myself down to the courthouse to file it. Shortly after i got a court date in the mail of Nov 7 2014, yep just YESTERDAY. I went to court yesterday prepared to argue my case and guess what. The judge started court promptly at 1.00pm. I was the first case he called "Portfolio vs ME" as i nervously walked to the bench he smiles and says PORTFOLIO DIDN'T SHOW UP SO CASE IS DISMISSED. ENJOY YOUR DAY YOUNG LADY!! Whoooo hooo i could have did a cartwheel out of that courtroom.....lol
  22. IS MY COMPLAINT VERIFIED? Hello all! So, I've been looking through these forums and they just seem so awesome and helpful! I've been searching for a case similar to mine and I believe I found a very helpful one here: http://www.creditinf...a/#entry1202922 BUT… I need to know If my complaint has been verified. The filed Complaint itself has no mention of the statement "I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct this date…" - the only place where that statement is present is on the Statement of Venue - so is this considered as a verified complaint? All that is present in the Statement of Venue is: I, the undersigned, hereby declare that: (1) The contract herein sued upon is hereinafter called and referred to as "the contract". (2) This action is filed in the judicial district in which: One of the defendants currently resides. Is this a verified complaint? Thank you all so much for your help!! P.S. I'm still looking into when my last payment was and I will update by tomorrow with that info. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn Law group 3. How much are you being sued for? $2563.46 4. Who is the original creditor? (if not the Plaintiff) FIA Card Services, NA/Alaska Airlines (Bank of America) 5. How do you know you are being sued? (You were served, right?) Was served. 6. How were you served? (Mail, In person, Notice on door) In Person. 7. Was the service legal as required by your state? I believe so. 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? Sacramento County, Sacramento California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? Since its Bank of America I believe that it's 3 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 Filed - Proof of Service of 30-Day - Summons and Complaint filed as of 4/10/14 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. And 'tis too late. 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? Have 30 days from 4/10/14 - or is it from the day I was served, which was the 4/8/14? Claiming that no part of the $2500 debt was paid to the plaintiff. "Within the last 4 years, Defendant became indebted to original creditor (see answer to question 4) in the sum of $2563.45 for money lent to or paid out… Neither the whole or any part of the above sum has been paid. Judgments prayed for by plaintiff: (1) Principal of damages in the sum of $2563.45 (2) Costs of Suit (3) Such other relief as the Court may deem just and proper. No questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No affidavits, no statements from OC, no contract, nothing attached as an exhibit Again, thanks so much for your help!
  23. I have been sued by Portfolio Recovery 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES 2. What is the name of the law firm handling the suit? (should be listed at the top Of the complaint.) LAW OFFICES OF HOWARD LEE SCHIFF, PC 3. How much are you being sued for? OVER $10,000 4. Who is the original creditor? (if not the Plaintiff) BOA 5. How do you know you are being sued? (You were served, right?) DEPUTY SHERIFF SERVED THE SUMMONS 6. How were you served? (Mail, In person, Notice on door) IN PERSON BY DEPUTY SHERIFF 7. Was the service legal as required by your state? I ASSUME 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? RANDOM CALLS AND LETTERS FROM PORTFOLIO, I NEVER ANSWERED OR RESPONDED. 9. What state and county do you live in? VERMONT, CHITTENDEN COUNTY 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) NOT SURE, I GUESS EARLY 2012 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 4 YRS 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, NO CASE NUMBER AS OF YET 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? 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? 10 DAYS 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. AFFIDAVIT, BILL OF SALE AND ASSIGNMENT OF LOAN, AFFIDAVIT OF SALE OF ACCOUNTS BY OC, CERTIFICATE OF CONFORMITY FOR NOTARY, STATEMENT FROM OC ONE OTHER ATTACHMENT WHICH I FIND INTERESTING, THEY ALSO ATTACHED A STATEMENT FROM THE OC OF A TOTALLY DIFFERENT PERSON, NOT MYSELF.
  24. So, I was served yesterday... --------------------------------------------- 1. Who is the named plaintiff in the suit? Unifund CCR, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kenosian and Miele 3. How much are you being sued for? $2,XXX.XX plus interest, plus attorney's fees, plus cost of suit, plus other such relief as is fair 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Summons delivered at door (my boyfriend got it, since I wasn't home) 6. How were you served? (Mail, In person, Notice on door) 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? The first letter on 01/22/13, I sent a DV letter within 30 days, in response they sent a copy of statements from 2009 on 4/29/13 (and the amount on the statement was different than the amount they are trying to collect), then they sent the intent to sue on 5/15/13. 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Per the complaint, 11/2009 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Case intake and summons 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No but I probably should have. 14. Did you request debt validation before the suit was filed? Yes 15. How long do you have to respond to the suit? (This should be in your paperwork). 30 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? The only thing is a note of Verification from the Attorney (Miele) of Unifund that all statements in the compliant are true and correct. And it is not signed. The verification reads: I am the attorney for the plaintiff...., a party to this action. Such party is absent from the County of Los Angeles where attourneys have their offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed under the laws of the State of California at Los Angeles, CA on May 15, 2013. Then is says signature (but it's not signed) and his name. --------------------------------------------- I know the next step is to file a sworn denial. A very similar case was posted and the question came up as to whether a general denial would be enough? Does anyone have insight to this? ...29 days and coutning to file my denial (and do it right). Thanks in advance for your insights!
  25. Does anyone know if I can use the fact that the jdb has reported a larger amount owed on my credit report than what they are sueing for? (They are suing for the amount on the only statement they provided.). Answer is submitted and pre trial is in 30 days. No standing was used as well as failure to state a claim.
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.