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  1. 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 is
  2. 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?
  3. 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?
  4. 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 t
  5. 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 t
  6. 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 mea
  7. 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?
  8. 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
  9. 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 r
  10. 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, w
  11. 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 appea
  12. 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.
  13. 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? Washingto
  14. 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 th
  15. 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 na
  16. 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
  17. http://www.nlada100years.org/sites/default/files/Defending%20Junk%20Debt%20Cases.pdf
  18. 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 significa
  19. 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
  20. 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 rig
  21. 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 considere
  22. 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 s
  23. 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 hom
  24. 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.
  25. I have been sued by FIA in a credit card debt case. First of all I did not receive a demand letter. 2.When the suit was delivered I had no idea who FIA was. 3.The card name they were suing for was Bank of America (had not been resold). 4. The account number on the application, and the original motion was the wrong account number, different from what was on he billing statements. 5. Everything I had had Bank of America all over it. 6. I sent in a dispute letter certified mail, and never received anything back in return. But FIA is saying because I mailed it to the name and address liste