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  1. 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.
  2. 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 listed on the billing instead of the account agreement it is null. Can you please tell me if any of this helps in any way with my case?
  3. Can one law firm pass a debt to another law firm and 2nd one claim they got from OC? The 1st law firm replied to a DV letter I must of sent to them and then I never heard anything from them again. They responded with one statement to validate. The second law firm filed suit. So in essence they purchased this from the 1st law firm and not the OC?
  4. Hi, everyone. About a year ago, a JDB filed a Complaint against me for an alleged collection account. Despite never being served, I found out about the Complaint and filed my Answer and proof of service for it right away. The Case Summary reflects this, as well as several entries that say, "09/xx/2013 DECLARATION RE: NON-SERVICE FILED," which I'm assuming are indicators that the Plaintiff is filing paperwork to keep the case open without subjecting themselves to countersuit. Since my Answer and Proof of Service thereof have been accepted by the Court, do I need to be at all concerned regarding an entry that was made when the Complaint was first filed regarding a hearing for Default Collection? My understanding has been that this was placed on the Case Summary at the time the Complaint was filed in case I never responded. Now that I have, my Answer (I believe) has nullified the proposed hearing. The entry reads thusly: Future Hearings 06/xx/2014 at xx:xx AM in department xxx at xxxx xxxxxxx xxxxxxx, CA xxxxx OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT Am I correct in my assumption, or could there be anything further I need to do in order to ensure that the proposed hearing has indeed been canceled and will not go forward? I'm pretty sure I have it right, but want to cover all bases. Thank you so much for any constructive input you may have on the matter.
  5. Hi everyone, A summons was left for me today sticking out of my apartment mailbox. There is a space that says "Date of service (To be inserted by officer on copy left with defendant or other person)" which is blank (since it wasn't left with a person at all). Is that an appropriate way to be served? There are also two copies of the top sheet (the YOU ARE SUMMONED one). The lawsuit is from PRA and is regarding a credit card account that they apparently bought from GE Capital Bank/Gap. The complaint has my name and the county I'm a resident of, a statement saying that I opened a charge account with ge capital bank agreeing to make monthly payments, a statement saying PRA is "the successor in interest of said account... having purchased said account... in good faith and for value", a statement saying I did make purchases and charge the account but failed to make payments and the balance (>2500) "(See Client affidavit as Plaintiff's Exhibit No. 1)" and lastly a statement that the plaintiff declares me to be in default and demands payment of balance. Then there is "Exhibit 1" an affidavit from Virginia (I'm in IL?) signed by a notary public that "affirms" 6 points: 1 she is competent to testify, 2 she's an authorized employee of PRA and authorized to make statements on behalf of PRA about the records transferred to them from GE Capital Retail Bank/Gap which have become integrated into PRA's business records. 3 according to the records the account and all proceeds are owned by PRA, all of the banks interest in the account having been sold, assigned and transferred in 2012 and saying PRA has been assigned all of the banks original authority to do and perform all necessary acts for settlement. 4 that according to the records there was >2500 (edited exact amount) due (with the last 4 digits of the original account number) and owed as of 2011 and the last two aren't really relevant info to this post. There's no other information or proof, no DV or anything like that. I'm thinking my next step would be to call their lawyer and talk to them about a payment plan to avoid the suit going forward. Would this be a proper next step? I have very, very limited income and no consistent paycheck, I don't own any assets (house, car etc.) or have any money in the bank. We (family of 4) just live on the money we get, pay the rent and the bills and that's all we have. There's an appearance fee of $186 that I'd have to pay just for showing up to respond to the suit, even that is going to be a struggle to pay. I also read this: http://ficoforums.myfico.com/t5/General-Credit-Topics/Sued-by-a-Junk-Debt-Buyer-Portfolio-Recovery-Associates/td-p/2296511 about a woman who had argued that she never signed a contract with PRA and so owes them nothing (or something more polite to that affect), does that hold any water? Would that be an option should we end up in court? Advice would be more than appreciated. Thanks! Edited to add: If calling them tomorrow is the right thing to do, how should I talk to them, what should I say and not say? Edited again for the questionnaire: 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) BHLM 3. How much are you being sued for? See original post above. 4. Who is the original creditor? (if not the Plaintiff) See original post above. 5. How do you know you are being sued? (You were served, right?) Kind of served, summons was shoved half into mailbox and half sticking out. 6. How were you served? (Mail, In person, Notice on door) As above. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint As understood (for IL) they are meant to leave it with a person, I'm not sure what point 3 means. They left it shoved into the side of the mailbox, which doesn't seem appropriate to me, but I may be wrong. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. Possibly phone calls which were blocked. 9. What state and county do you live in? IL, USA. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe it was 2010 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 5 or 10 I'm not sure. 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? 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? No questionnaire, no answer requested because of amount, but appearance required in 16 days (2/20) with fee of $186. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  6. I was served on Friday. I'm not sure what the best way to proceed is. 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hayt, Hayt & Landau, LLC 3. How much are you being sued for? $21XX 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Sheriff a served the docs. 7. Was the service legal as required by your state? Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? PA, Northampton County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Oct 2012 11. What is the SOL on the debt? To find out: 6 years? 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit was served Friday 05/09/14, response required within 20 days. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 20 Days, docs attached. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit, Account Statement, Complaint ....... I've attached the docs that were delivered to me. Hopefully I've successfully taken out all of my personal info. How do I best answer each of the points on from the 'Complaint' sheet? According to the docs I have 20 days to file a response to the court. I would consider settling in order to put this matter to rest. When would be the best time to settle? Should I contact Midland or their Attorney? Should I hire an attorney to help? Thank you in advance for any help that you can provide.
  7. Hello everyone, I am being sued for CC debt by Midland and need some help (even after reading bmc100's thread and tons others), it mostly pertains to the answer. I want to thank you in advance for your help! I would love to put together a form for every step of my Michigan suit, so others could simply enter their information and tune some of the responses to their particular case. Hopefully that would lift some burden off anyone sued in the future. I have attached the entire complaint (edited of course) and listed a google drive location below where you can view it Link: Removed until fully edited Basically I'm not sure if this is account stated or breach of contract. I'm leaning towards breach of contract, but I'm not sure. Complaint: 1. The plaintiff is the owner of the within credit card account through Purchase, bearing account number XXXXX. 2. By use of the account, the defendant became bound by the terms in the credit card agreement. The existence is established in the exhibit attached hereto as Exhibit A. 3. The plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff. 4. That there is now due and owing to the plaintiff by the defendant, the sum of $1500ish on said credit card agreement. 5. Although demand has been made upon the defendant to liquidate the balance due and owing, the defendant failed to do so. I don't see an affidavit in here dated even close to the summons date. If none, do I file a MTD or MSJ? I’d like to just get a PTD at a reasonable price so it is removed from reporting. If it is breach of contract, did they need to attach the contract? They one have the front and back of a statement! If it is account stated, Here are my current Answers and Defenses: 1. Denied: Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "the credit card" and "the account." 2. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 3. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 4. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 5. Denied: This request calls for admission of matter defendant has denied and thus it is improper. AFFIRMATIVE DEFENSES (Should I use this? Do I need to list a defense for each complaint item?) As and for a Defense The plaintiff has failed to provide legal evidence that they are legally entitled to collect the debt. I will add the certificate of service. If it is Breach of Contract, I really haven't seen any answers. So i could use some help. Questions Summarized Breach of contract or Account Stated? ACCOUNT STATED Is there an affidavit? NO Should I file an Answer, MSD, or MSJ? Is my answer good and complete? Or should I just use an Affirmative Defense? Should I attach an affidavit? 1. Who is the named plaintiff in the suit? Midland Fundling LLC 2. What is the name of the law firm handling the suit? Weltman 3. How much are you being sued for? $1500ish 4. Who is the original creditor? Midland Fundling LLC 5. How do you know you are being sued? Summons 6. How were you served? In person, at home 7. Was the service legal as required by your state? Yes 8. What was your correspondence with the plantiff before you think you were being sued? Calls I think, but I'm not sure. 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? I don't recall 11. What is the SOL on the debt? SOL is 6 years I think, the debt is not older than 3 years. 12. What is the status of your case? Suit served? Motions filed? I have until Friday to file an answer o MTD. 13. Have you disputed the debt with the credit bureaus? No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? I have until Friday to file an answer or MTD. 16. What evidence did they send with the summons? The entire complaint is on a google drive that is viewable in PDF here: Removed until fully edited Again, I thank all of you in advance for your help and comments. I apologize if there is a thread that I missed, I have been searching this site for a little over 2 weeks.
  8. Sued by JDBs(2 different cases) while on Public Assistance in CA.(served on Dec31) Please let me know of my most effective option with its reflection on our(family) future. ...i belive in you to be the best guide after reading and learning here... Thank you kindly
  9. On Feb 2nd I received a letter in the mail from DA (Debt Arbitrators) saying that they can reduce my CC Debt of 20k to 11k (See attached) I took out all the personal info for obvious reasons. Included with the letter was a "winter catalog" not sure what the purpose is if that. On Feb. 6th I received another letter very similar to the first on only on it was Pink and some dates changed. So I decided to called them on Saturday (Feb. 9th) and talked with a Laurie from Debt Arbitrators and she was really nice and persuasive explaining the basic process of how it works and convinced me to sign up Saturday using an electronic signing process that took maybe 10 min. to sign everything. The Limited Scope Legal Service Agreement (LSLSA) looked like something from a law firm and legal contract written up by ******* Law Firm, LLC (See attached LSLSA) also attached the service fee's and Savings schedule that they proposed. After I signed everything I started thinking and got a bad feeling that I had just been had. So I started googling Debt Arbitrators name and came up with very, very little (A BBB accredited rating of Not rated and looks like they were only est. on FEB. 02 of 2013) So that got me even more nervous, So I started searching for the ***** Law Firm, LLC that was on my LSLSA agreement and found a Law Firm in Texas with the exact same name as on my LSLSA form, but found on there website that they only do Family and criminal Law. I then went on the Texas State Bar association website and saw that there was only one such Law firm and the contact info matched to the ***** Law firm, LLC Website but not to the LSLSA form that I signed. So I called the **** Law Firm (real one) that I found online and left a msg. saying that I had some questions. The owner of the Firm called me back and I explained everything to her, she was astounded and said that it is was most definitely not them and that they do no such practices. I sent her a copy of my LSLSA agreement form and my letters that I received as well. She was appalled that someone was using her firm's name to make these forms look legit. After that I knew I had messed up big time, so I signed a letter for cancellation and sent it to their email but it came back as Unavailable email address, this email was on the LSLSA form and specifically said that if you want to opt out of this contract to sign so and so and send to this email.... So I tried calling with no answer. Finally I sent the Cancellation letter Certified Mail with Request Receipt. That evening Laurie left a msg on my machine saying that I had violated terms and why I sent LSLSA forms to an unidentified person and that they do NOT appreciate a Law Firm calling them with accusations, and that they are NOT a scam She was more than a little peeved. I heve since been in contact with the real ***** Law Firm and they are proceeding with suing Debt Arbitrators and they are trying to get more info on them. I was asked to be a witness. If you received a similar letter as I did, please let me know. When I was searching for this company when I came across this forum and this is the most informative forum that I have ever seen. The people on here are generous and polite (Something that is hard to find nowadays)
  10. Very interesting on how quick cash places sue you http://www.cwebnews.com/business-news/finance/265747-when-lenders-sue-quick-cash-can-turn-into-a-lifetime-of-debt.html
  11. Hello, My wife and I have a joint credit card with her being the Primary. We have learned that we have a case filed against my wife only as she is the Primary on the card. Can they file against me later on, or at any time later as well if the acount is in both of our names? Thanks in advance to everyone who can help us in this answer. Regards, Scooter.
  12. 1. Who is the named plaintiff in the suit? Liberty Acquisitions Servicing LLCPO Box 17210Golden, CO 80402 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Robert Busch P.O. Box 17090Golden, CO877-328-6180 3. How much are you being sued for? Unknown 4. Who is the original creditor? (if not the Plaintiff) Unknown 5. How do you know you are being sued? (You were served, right?) Deputy Sheriff attempted to serve me at previous address where family still resides. Searched Nebraska court cases and found it. 6. How were you served? (Mail, In person, Notice on door) Have not been served thus far. 7. Was the service legal as required by your state? No. (An individual party, other than a person under the age of fourteen years, may be served by personal, residence, or certified mail service.) 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? Nebraska, Douglas 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 who/what the alleged account is. 11. What is the SOL on the debt? To find out: 4 years. 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). 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? Unknown. ----- I would like some direction on what I should do at this point? I would like to prepare myself for if/when I do get served so I have a jump on them and have any initial paperwork already prepared. I want to go to the bloody end with these JDB companies.
  13. Please delete this thread, corrected and reposted at: http://www.creditinfocenter.com/community/topic/322166-liberty-acquisitions-servicing-v-jt7/
  14. So I was served 10-6-13. Old Hsbc Credit card bought by Investment Group. Do I respond myself or hire an attorney? The total stated in the summons is less than $4,000.00 what would legal service cost? We are just getting back on our feet thank you very much for advice. Summons form states: Served summons on 10-6-13 Summons and Complaint 67-1st state of Michigan Plaintiff = Investment Group Portf Defendant = me Issued 9-30-13 Expires 12-30-13 Date June 10, 2013 Complaint letter states: 1 That on or about 06/21/1995 Defendant entered into a written credit card agreement, for the extension of funds to purchase certain tangible properties. Written proof is attached hereto and made part hereof: Plaintiff purchased this account from original creditor. 2. That the Defendant(s) have breached that agreement and there is due $****.** above all setoffs and credits, as of the dateof the attached affidavit. 3. The Defendant refused, neglected, or failed to pay this amount even though bound by contract to do so. Wherefore, Plaintiff prays for judgment against Defendant in the sum of $****.** plus costs interest and attorney fees. Dated 06/10/2013 Affidavit says Plaintiff Vs My Name Deffendant(s) ****** Affidavit State of Illinois County of Cook So and so , being duly sworn under oath states: 1.That he is the appointed designee of Investment Group Portfolio 2. That he is authorized to make this affidavit on behalf of Investment Group Portfolio 3. That Investment Group Portfolio purchased defendants HSBC Card Services, Inc. account #123456789 from HSBC Card Services, Inc and now owns it. 4. That as of 3/28/2011 the total current balance due on the Defendants account is $****.**. Dated: Subscribed and sworn to before me This 26 day of June 2013 Notary Seal
  15. Alright Ladies and Gents, the day has arrived....I suppose we should get down to business: ========== Background =========== I've been checking my local court site daily because I heard that Persolve were scumbags...NO SUMMONS DELIVERED but this popped up online within the last few days. I have had virtually no contact with them. I have hung up on them a few times. Main Questions: i) Do I take this on myself, or hire an attorney? ii) What is my first step based on the answer to i 1. Who is the named plaintiff in the suit? Persolve LLC / Account Resolution Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) (from online court site) Attorney: Edit Alexandryan Persolve, LLC , 9301 Winnetka Avenue3. How much are you being sued for? 5k < ME < 10k 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 5. How do you know you are being sued? (You were served, right?) Case showed up on county website....never served 6. How were you served? (Mail, In person, Notice on door) Wasnt...persolve are scumbags 7. Was the service legal as required by your state? Nope (unless i haven't got it yet, but shouldn't they serve before they file claim? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact. A few answered calls and i just hang up on them when they say who they are. 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) ~Middle 2010 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). Summons Filed (apparently, at least it says this online.) 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? Have no paper work, how do I find out? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Have no idea. Either they never sent it, or I haven't received it yet, but it shows up online.
  16. Good afternoon everyone, I've had several mailings coming to my house over the last few days from local attorneys claiming I have a summons heading my way. After some digging into the Dallas Clerk's records I discovered that I am being sued by Portfolio Recovery Associates (Capital One debt). My SOL would have been aged through in 2 months, so I'm definitely going to have to fight it. I've done some research into the attorney handling the case and she has a record of letting things go to "Dismissal for Want of Prosecution". I'd say 85-90% of her credit card cases end with that ruling. Many others are dismissed with or without prejudice. Seems to me her plate is full with Banks suing Banks, etc. and she doesn't like to fight the CC suits. Probably only 1% has been decided in her favor based strictly on the failure of the defendant to "answer" in a timely manner, thus the plaintiff receives a default. I have every intention of fighting this suit so I'll be asking for help along the way. I appreciate the knowledge I've already aquired just from lurking the last few days and I look forward to winning my case.
  17. I was served papers that were left on my door last Tuesday. Paper work states that this is legal because they have been unsuccesful at delivering to me in person. I am completely confused as to how to respond to this, so ANY help would be appreciated!!! First thing I am confused about it WHEN to respond. It states that I have 50 days to answer the third party collector, but then it states that "I am commanded to appear by filing a written answer to the plaintiff's petition at or before 10 o'clock a.m. of the Monday next after the expiration of ten days after the date of service of this citation before the justice court then lists the courts address. So I'm confused if I have 50 days to respond, or how many days is this stating? (I was served on March 19th 2013.) Please help! . Who is the named plaintiff in the suit? EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MICHAEL R. CASTRO, FROM LAW FIRM RAUSCH, STURM, ISRAEL, ENERSON & HORNIK, LLC 3. How much are you being sued for? $2,086.66 PLUS INTEREST AND ANY COURT COSTS 4. Who is the original creditor? (if not the Plaintiff) GE CAPITAL CORPORATION 5. How do you know you are being sued? (You were served, right?) I WAS SERVED 6. How were you served? (Mail, In person, Notice on door) GUY CAME SEVERAL TIMES WHEN I WAS AT WORK, THEN FINALLY ENDED UP LEAVING PAPERS TAPED TO MY FRONT DOOR. 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? THEY SENT ME PAPERS IN THE MAIL TRYING TO GET ME TO PAY. 9. What state and county do you live in? TARRANT 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)FROM WHAT I UNDERSTAND IN THE PAPERWORK THEY SENT, IT IS IN 2010. 11. What is the SOL on the debt? I'M NOT SURE. 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). I'M NOT SURE, COULD NOT FIND INFO ONLINE. 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. I DID WHEN I RECIEVED PAPERS FROM LAWYERS SAYING I WAS BEING SUED BY EQUABLE ASCENT FINANCIAL TO SEE WHAT IT WAS ABOUT, BUT OBVIOUSLY THAT WAS 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? It states "Monday next after the expiration of (10) days after the date of service of this citation" was served 3/19/2013. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NOTHING THAT I COULD TELL. IT'S ASKING ME FOR A "REQUEST FOR DISCLOSURE, REQUEST FOR PRODUCTION, AND REQUEST FOR ADMISSIONS" AND THEN A VERIFICATION WITH A NOTARY. DO I SEND THE VERIFICAITON TO THE COURT OR TO THE DEBT COLLECTOR? THIS IS WHAT I WAS SERVED: *****ALIAS CITATION WfDISCOVERY ATTACHED***** THE STATE OF TEXAS TO: NAME DEFENDANT, GREETINGS: YOU ARE HEREBY COMMANDED TO APPEAR BY FILING A WRITTEN ANSWER TO THE PLAINTIFF'S PETITION AT OR BEFORE TEN O'CLOCK AM. OF THE MONDAY NEXT AFTER THE EXPIRATION OF TEN DAYS AFTER THE DATE OF SERVICE OF THIS CITATION BEFORE THE JUSTICE COURT, PRECINCT THREE AT 1400 MAIN STREET, STE. #220, SOUTHLAKE, TX 76092, SAID PLAINTIFF BEING EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION AND SAID: NAME PLAINTIFF(S) DEFENDANT(S) FILED ON THIS THE 16TH DAY OF AUGUST, 2012, FILE NO, JP03-12-JS00031123 SUED UPON: SEE ATTACHED PETITION, PLUS COURT COSTS PLAINTIFF RESERVES THE RIGHT TO PLEAD FURTHER ORALLY AT TIME OF TRIAL ********************************************************************************** NOTICE TO DEFENDANT YOU HAVE BEEN SUED, YOU MAY EMPLOY AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT FILE A WRITTEN ANSWER WITH THE CLERK WHO ISSUED THIS CITATION BY 10:00 A M. ON THE NEXT MONDAY, FOLLOWING THE EXPIRATION OF TEN DAYS, AFTER YOU WERE SERVED THIS CITATION AND PETITION; A DEFAULT JUDGMENT MAY BE TAKEN AGAINST YOu. . ********************************************************************************** THE OFFICER EXECUTING THIS WRIT SHALL PROMPTLY SERVE THE SAME ACCORDING TO REQUIREMENTS OF LAW, AND THE MANDATES HEREOF, AND MAKE DUE RETURN AS THE LAW DIRECTS, GIVEN UNDER MY HAND ON THIS THE 5TH DAY OF MARCH, 2013, RUSSELL B. CASEY A JUSTICE OF THE PEACE IN AND FOR PRECINCT THREE T~. . TCOUNT~ ~ CL~E~ OF THE JUSTICE COURT CASE NO. JP03-12-JS00031123 -" ; Our File No. 1486999 Case No. JP03-12-JS00031123 v. § § §§§§§§ EQUABLE ASCENT FINANCIAL LLC ·In the Justice Court PR 3 PL 1 ASSIGNEE OF GE CAPITAL CORPORATION Plaintiff MY NAME Defendant(s). of TARRANT County Texas PLAINTIFF'S FIRST AMENDED PETITION & FIRST DISCOVERY REQUESTS A. Discovery-Control Plan 1. Plaintiff intends to conduct discovery under Levell of Texas Rule of Civil Procedure 190.2 because this suit involves only monetary relief totaling $50,000 or less, excluding court costs, prejudgment interest, and attorney fees. B. Parties 2. The address for Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, is 1120 W.LAKE COOK RD STE B, BUFFALO GROVE, IL 60089. 3. Defendant, MY NAME may be served with process at MY ADDRESS or at such other place as the Defendant may be found. C. Jurisdiction 4. Plaintiff asserts that the above-named court has jurisdiction over the subj ect matter of this case and the person( s) of Defendant( s). D. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believes to be residing in said county at the time of commencement of suit. E. Facts 6. GE CAPITAL CORPORATION (PREFERRED VISION) issued a credit card in the Defendant's(s') name under its account number ending in ************5253. Defendant(s) received and used the card and thereby became obligated to pay for the charges incurred with the card. Defendant(s) defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently canceled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about June 14,2010. The entire balance on the credit card account is presently due and payable in full. 7. The credit account has been assigned to Plaintiff, and Plaintiff is the current owner of this account. Plaintiff owns all right, title and interest in the credit account. 8. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant(s) on the Account is $2,086.66 plus interest. 9. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to pay the amount, plus accrued interest, less all lawful offsets, credits, or payments, is still due and owing. " ) 10. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. F. Breach of Contract 11. The issuance of a credit card constitutes the offer of a contract. See, e.g. Bank One, Columbus, NA. v. Palmer, 63 Ohio App. 3d 491,492,579 N.E. 2d 284,285 (Ohio ct. App. 1989). Use of a credit card constitutes acceptance of the terms of the cardholder agreement, which accompanied the card when issued to the Defendant(s). See e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21,150 S.E. 2d 319,320 (1966); Magnolia Petroleum Co. v. McMillan, 168 S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. Feder v. FortunofJ, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808,370 N.Y.S.2d 840 (N.Y. County Ct. 1975). 12. By using and/or authorizing the use of the credit card Defendant( s) accepted the credit card contract and became bound to pay for all charges incurred with the credit card. Defendant(s) also became subject to all of the terms and conditions of the original creditor's cardholder agreement. 13. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted Defendant(s)' credit card in payment. Prior to the date of charge-off monthly bills were sent to the Defendant(s) reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due. The Defendant(s) had a duty to submit any disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement. Plaintiff asserts that Defendant(s)' failure to submit such disputes should be treated as an admission of the account balance, since Defendant( s) was/were given both a method and an opportunity to raise such disputes. 14. Defendant(s) breached the contract by defaulting on the payment obligation ofthe credit card agreement. In violation of the Defendant(s)' promises and obligations under the aforementioned written contract, the Defendant(s) breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the Defendant(s), as well as unpaid interest. 15. Defendant(s)' breach was a proximate cause of actual damages of $2,086.66 plus interest. All just and lawful offsets, credits, and payments have been applied to the account. G. Damages 16. Plaintiff seeks damages on its liquidated claim in the amount of at least $2,086.66 plus interest, which is within the jurisdictional limits of this court. H. Conditions Precedent 17. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. I. Miscellanv 18. The undersigned attorneys hereby give notice that they and Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors. J. Plaintiff's First Discoverv Requests Attached c 19. Plaintiff is attaching hereto Plaintiff's First Request for Discovery, which is to be served on Defendant along with Plaintiff's Amended Petition. Plaintiff's First Request for Discovery includes Plaintif:t:,s Reques_~for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules-of-Civil Procedure 194.3(a), 196.2(a), 198.2(a), and 197.2(a), Plaintiff may serve these discovery requests on Defendant prior to the date Defendant's answer is due, in which case Defendant must serve its response within 50 days after the date of service of the discovery request. See Oliphant Financial, LLC v. Julio Galaviz, 299 S.W.3d 829, 838 (Tex.App.-Dallas [5th Dist.], 2009)(for the proposition that Plaintiff may attach requests for admissions to its petition); see also Sherman Acquisitions IL L.P. v. Garcia, 229 S.W.3d 802, 813 (Tex.App.-Waco, 2007, no pet.). K. Prayer 20. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $2,086.66. h. Pre-judgment and post-judgment interest. c. Court costs. d. All other relief to which plaintiff is entitled. Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIK,LLC By: ORIGINAL COPY SIGNED MICHAELR. CASTRO,SBN 24065025 SEUNGW. CHAE,SBN 24047837 SHAUNG. BROWN,SBN 24068023 FALLONHAMILTON,SBN 24059202 JEFFREYS. KRAMER,SBN 24057950 YVONNEMIKULIK,SBN 24070271 MELVINTHATHIAH,SBN24048837 JAMILAB. LLOYD;SBN 24045529 NATHANIALD. KHZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF 1486999 Defendant Copy PLAINTIFF'S FIRST DISCOVERY REQUEST To: NAME ADDRESS.. . Plaintiff, EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION, hereby serves its First Discovery Requests on Defendant, NAME , along with its Original Petition in the abovestyled lawsuit. Plaintiffs First Discovery Requests include, Plaintiffs Request for Disclosure, Request for Production, Request for Admissions and Interrogatories. Pursuant to Texas Rules of Civil Procedure 194.3(a), 196.2(a) 198.2(a), and 197.2(a), Defendant(s) is directed to serve written responses to Plaitniff's First Discovery Requests and produce all requested documents to Plaintiffs counsel of record at RAUSCH,STURM,ISRAEL,ENERSON&HORNIK, LLC, at 15851 N. Dallas Park-way, Suite 245, Addison TX 75001 (Fax: 214-453-0974 within 50 days after the date of serice of the discovery request. I. NOTICE REGARDING FAILURE TO TIMELY RESPOND TO REQUEST FOR ADMISSIONS In the event Defendant(s) fails to respond in writing to Plaintiffs Request for Admissions within the time period required under Texas Rule of Civil Procedure 198.2(a), Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2©, and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant(s). rr. INSTRUCTIONS 1. For any document that no longer exists or that cannot be located, identify the document, state how and when it passed out of existence, or when it could no longer be located, and the reasons for the disappearance. Also, identify each person having knowledge about the disposition or loss of the document. 2. When identifying a document, you must state (1) the nature of the document (e.g., fax, letter, memorandum); (2) the title or heading that appears on the document; (3) the date the doucment was created and/or executed; and (4) the identity of the author and of the signer of the document. 3. When identifying a person, you must state (1) the person's full name and (2) the present or last known address and telephone number for the person. ill. DEFINIT~ONS The following terms contained in Plaintiffs First Discovery Request shall have the following meanings, unless the context requires otherwise: l. "Plaintiff' shall mean EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF GE CAPITAL CORPORATION as well as any of its authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates and/or parent companies. 2. "Defendant", "you" and/or "your" shall mean NAME as well as any of his authorized agents, representatives, officers, directors, employees, attorneys, partners, corporate agents, subsidiaries, affiliates, parent companies, and/or any other person or entity acting on behalf of and with the permission of NAME In the event there are multiple defendants in this lawsuit, "Defendant" shall be construed to refer to both the singular and plural version and shall be inclusive of all named defendants. 3. "Document" means all written, typed or printed matters, and all magnetic, electronic, or other records or documentation of any kind or description in your actual possession, custody, or control, including those in the possession, custody, or control of any and all present or former directors, officers, employees, consultants, accountants, attorneys or other agents, whether or not prepared by you, that constitute or contain matters relevant to the subject matter of this action. 4. "Possession", "custody", and/or "control" of an item means that the person either has physical possession of the item or has a right to possession equal or superior to that of the person who has physical possession of theem. 5. "Person" means any natural person, corporation, firm, association, partnership, joint venture, proprietorship, governmental body, or any other organization, business, or legal entity, and all predecessors or successors in interest. l J 6. "The Account" shall mean the credit account bearing The Original Creditor account number ending in ************5253 made the subject of this lawsuit. 7. "The Original Creditor" shall mean GE CAPITAL CORPORATION (PREFERRED VISION). Respectfully submitted; RAUSCH,STURM,ISRAEL,ENERSON& HORNIKLLC ATTORNEYSINTHEPRACTICEOFDEBTCOLLECTION By: ORIGINAL COPY SIGNED MICHAEL R. CASTRO, SBN 24065025 SEUNGW. CRAB, SBN 24047837 SHAUN G. BROWN, SBN 24068023 FALLON HAMILTON, SBN 24059202 JEFFREY S. KRAMER, SBN 24057950 YVONNE MIKULIK, SBN 24070271 MELVIN THATHIAH, SBN 24048837 JAMILA B. LLOYD, SBN 24045529 NATHANIAL D. KITZ, SBN 24080988 15851 N. Dallas Parkway, Suite 245 Addison TX 75001 Toll Free - (877) 689-7966 Fax - Dallas (877) 492-5185 ATTORNEY FOR PLAINTIFF REQUEST FOR DISCLOSURE Pursuant to Texas Rule of Civil Procedure 194.3 Defendant is requested to disclose within 50 days of service of this Request, the information or material described in Texas Rule of Civil Procedure 194.2(a)-(l). (a) the correct names of the parties to the lawsuit; ( the names, address, and telephone numbers of any potential parties; © the legal theories and, in general, the )"ctual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial); (d) the amount and any method of calculating economic damages; (e) the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case; (f) for any testifying expert: (1) the expert's name, address, and telephone number; (2) the subject matter on which the expert will testify; (3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is .not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; :...., ;. (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, employed by, pr prepared by or for the expert in anticipation of the expert's testimony; and ( the expert's current resume and bibliography; (g) any indemnity and insuring agreements described in Rule 192.3 (f); (h) any settlement agreements described in Rule 192.3 (g); (i) any witness statements described in rule 192.3 (h). REQUEST FOR PRODUCTION Pursuant to Texas Rule of Civil Procedure 196, Defendant is directed to provide written responses to the following Request for Production and to produce the documentation requested therein to Plaintiff through its attorney of record within 50 days after the date of service. 1. Please produce all documents in your possession relating to the Account, including copies of any account statements, copies of any cards issued on the Account, credit applications, signed contracts, and/or any terms, conditions, cardholder agreements or any amendments to same. 2. Please produce all communications made between you and Plaintiff and/or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response a copy of any request for verification or validation of the Account. 3. Please produce copies of any written notices sent by Defendant to Plaintiff and/or The Original Creditor objecting to or disputing any terms, conditions, amendments, charges, purchases, cash-advances, interest rates, late-fees, over- Iimit fees and/or any other fees applied to the Account. 4. Please produce copies of any documents reflecting any payments made by Defendant or on behalf of Defendant to Plaintiff or The Original Creditor within the four years immediately preceding the date this lawsuit was filed. Please include in your response copies of any checks, payment confirmations, and/or banking account statements that reflect payments made to Plaintiff or The Original Creditor. 5. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit and/or that all due payments, offsets, credits and/or deductions in favor of Defendant have not been applied to the Account, please produce all documents in support of such contention, including copies of any payments made and/or bank account statements reflecting payments made. 6. If you contend that Defendant did not owe a balance on the Account to The Original Creditor at the time the Account was closed, please produce all document in support of such contention. 7. If you contend that Defendant does not owe the amount claimed by Plaintiff in this lawsuit as a result of identity theft and/or fraud, please produce all documents in support of this contention. 8. If you contend that Plaintiff has violated the Fair Debt Collection Practices Act, The Fair Credit Reporting Act, the Texas Debt Collection Act, the Texas Finance Code, the Texas Deceptive Trade Practices Act or any other Federal or State statute, including the Texas Rules of Civil Procedure and or the Texas Civil Practice and Remedies Code, in connection with the Account, please produce all documents in support of your;6tmtention-: 9. If you contend Plaintiff has made any misrepresentations regarding the Account and/or taken any false or deceptive actions with respect to the Account, please produce all documents in support of your contention. 10. If you contend that Plaintiff has engaged in improper, abusive, and/or harassing collection efforts with respect to the Account, please produce all documents in support of your contention. 11. If you have or intend to assert any counterclaims against Plaintiff in this lawsuit, please produce all documents upon which you base such claims. 12. If you have asserted counterclaims against Plaintiff in this lawsuit, please produce all documents reviewed and/or relied upon at the time you filed the counterclaims. If an investigation was performed by Defendant's counsel prior to filing the counterclaim, please provide all documents that were reviewed as part of the investigation that are not subject to privilege. 13. If you contend that Plaintiff's claims in this lawsuit are barred by the applicable statute of limitations, please produce all documents in support of your contention, including any documents showing when you contend the last payment was made on the Account or when the last purchase/charge was incurred on the Account. 14. If you have asserted any affmnative defenses in response to this lawsuit, please produce all documents in support of each affmnative defense asserted. 15. If you contend that Plaintiff is not the current holder of the Account or does not have standing to bring this lawsuit, please produce all documents in support of your contention, including specifically, any demands or notices received by you from any other party seeking to collect on the Account. REQUEST FOR ADMISSIONS Pursuant to Texas Rule of Civil Procedure 198, please respond in writing to the following Request for Admissions by admitting or denying the truth of the following statements and serve such written responses on Plaintiff through its counsel of record within 50 days after the date of service. In the event Defendant(s) fails to respond in writing to Plaintiff's Request for Admissions within 50 days after the date of service of this Request, Plaintiffs Request for Admissions shall be deemed admitted without the necessity of a court order as permitted under Texas Rule of Civil Procedure 198.2( c), and such Deemed Admissions may be relied upon by Plaintiff in support of its claims against Defendant( s). Admit or Deny the following Requests: 1. As of the date Plaintiffs Petition was filed Defendant owed Plaintiff $2,086.66 on the Account. 2. Defendant had at least one credit card account with The Original Creditor within the four years immediately preceding the date this lawsuit was filed. 3. Defendant made use of a credit card account issued by The Original Creditor to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 4. Defendant made use of the Account as identified in Plaintiff's Original Petition and defmed herein to make purchases and/or obtain cash advances within the four years immediately preceding the date this lawsuit was filed. 5. Defendant made at least one payment to The Original Creditor within the four years preceding the date this lawsuit was filed. 6. Defendant has maintained at least one checking and/or banking account within the four years preceding the date this lawsuit was filed. : 3 ,1 7. Defendant was provided with a copy of the applicable terms and conditions and/or the cardholder agreement for the Account prior to making use of the Account. 8. Defendant was permitted to use the Account to make purchases and/or obtain cash advances without signing a copy of the applicable terms and conditions and/or the cardholder agreement for the Account. 9. Defendant is not currently in possession of any applicable terms and conditions and/or cardholder agreement for the Account. 10. Defendant did not object to the applicable terms and conditions and/or cardholder agreement for the Account prior to making use of the Account. 11. Defendant has not received any demands for payment from any of the vendors or merchants where Defendant used the Account to make purchases. 12. The Original Creditor has paid all vendors and merchants for any purchases charged to the Account by Defendant. 13. The Original Creditor permitted Defendant to defer payment for purchases and/or cash advances made on the Account. 14. Defendant knew he/she would be assessed interest, late-fees, over-limit fees and other fees and/or penalties in exchange for the ability to defer payment for purchases and/or cash advances made on the Account. 15. Defendant was notified of all applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed on the Account prior to use of the Account. 16. Defendant did not object to any interest rates, late-fees, over-limit fees or other fees and/or penalties assessed on the Account. 17. Defendant regularly received monthly account statements for the Account from the time the Account was opened until the time the Account was closed. 18. The monthly account statements received by Defendant for the Account accurately set forth all transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. 19. Defendant never objected in writing to any of the transactions, purchases, payments, credits, debits, deductions, interest rates, late-fees, over-limit fees and/or other fees posted to the Account. Defendant was notified of all changes and/or amendments to the terms and conditions and/or cardholder agreement for the Account. Defendant was notified of any changes to the applicable interest rates, late-fees, over-limit fees and other fees and/or penalties that could be assessed to the Account. Defendant has made at least one payment to the Original Creditor for charges incurred on the Account within the four years immediately preceding the date this lawsuit was filed. Defendant ceased making payments on the Account. 24. At the time Defendant ceased making payments on the Account a balance remained.owed on the Account. iv •• 25. Defendant received a demand letter for payment from Plaintiff or Plaintiffs attorney prior to the filing of this lawsuit. 26. All due payments, credits, deductions and/or adjustments in favor of Defendant have been applied to the Account. 27. Plaintiff is the current owner of the Account. 28. Defendant has not received any demands for payment from The Original Creditor in the 12 months preceding the filing of this lawsuit. PLAINTIFF'S FIRST SET OF INTERROGATORIES 1. If you deny that you owe the amount claimed by Plaintiff in its Petition, please state the factual basis for your denial. 2. Please state the factual basis for any affirmative defenses you have asserted in this hb~****. --j 3. Please state the factual basis for any counterclaims you have asserted against Plaintiff in this lawsuit. Plaintiff is not requesting a detailed narrative. Plaintiff is requesting to know the actions or omissions allegedly committed by Plaintiff that serve the basis of the counterclaim(s), when they were allegedly committed, and the name(s) of the person who committed them. 4. If you have filed a counterclaim( s) against Plaintiff in this lawsuit, please state the steps taken and/or investigation conducted to determine the validity of the such claims prior to filing such counterclaim(s). 5. If you contend that you have received any demands for payment on the Account from any entity other than the Plaintiff and/or its attorneys within the 12 months preceding the filing of this lawsuit, please identify such entity, the approximate date the demand was made, and how the demand was made (ie - in writing via mail, over the telephone, etc.). If you have not received any demands for payment from any entity other than Plaintiff and/or its attorneys within the 12 months preceding the filing ofthis lawsuit, please answer "NONE". STATE OF TEXAS )SS. ) COUNTY OF TARRANT )SS. VERIFICATION By signing this document, I hereby swear or affirm, subject to the penalty of perjury, that the answers and responses included in the foregoing document are true and correct. My signature affixed hereto also confirms that I have personally read each answer or response and personally affirm them as my own. NAME , Defendant Before me, a notary public, on this day personally appeared the above named authorized person known to me to be the person whose name is subscribed above in connection with the foregoing document and, being by me first duly sworn declared that the statements therein contained are true and correct. Sworn to and subscribed before me by Defendant, NAME , on _ Notary Public in and for The State of Texas My commission expires: Defendant Copy
  18. I have a letter for pre-approval on a debt to pay back from Midland Credit they have given me 3 options or call to set up payment plan. Should I accept this or wait for them to sue me? ;0 Thank you in advance.
  19. I got a letter in the mail today from a law office stating "you may not have been served yet but public records show you have a lawsuit or garnishment from Cavalry LLc " and then they went on to offer me bankrupcy or chapter 7 help ect with a flier for their law office. So does this mean I am being sued? I also looked at my credit report on the card in question and it said a payment was made in 2010 and I never made one since I have no idea about this card. That would throw out the 6 year limitation. And my report also says it was charged off in 2011 so I am not sure what to think. My laws would be TN. Thank you.
  20. The cause of action listed are 1. Account stated and 2. Money Lent Paragraph 1. The true names and cpacities of Defendents herin sued by the fictitious names as DOES 1 to 10, Inclusive are unknown to Plaintiff, who therefore sues those Defendents under, pursuant to, and in accordance with the provisions of Section 474 of the Code of Civil Procedure. Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities of Defendents named herin as DOES 1 to 10 have been ascertained. Paragraph 2 At all times herein mentioned, Defendants, and each of them, were agents, servants and employees of each other and every remaining Defendant, and in doing the things alleged were acting in the course and scope of said authority of such agents, servants and employees. 3. Plaintiff is now and was at all times herein mentioned a limited liability company authorized to do business in the State of California. 4. Plaintiff is informed and believes and thereon alleges that Defendant XXXXXXX AKA XXXXX is an individual who resides in the City of XXXX, County of Los Angeles, State of California. 5. Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the Defendant(s) in writing that it intended to file this action and that this action would result in a judgement against Defendant(s) that would include court costs and necessary disbursements allowed by C.C.P. 1033( (2). FIRST CAUSE OF ACTION Account Stated (Against All Defendants) 6. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 5 of this complaint. 7.On July 31, 2009, defendants were indebted to the original creditor xxxx in the sum of $x,xxx.xx on an account stated in writing. This xxxx account was for credit card purchases and/or cash advances and Defendant was billed monthly and failed to dispute as required under Federal Fair Billing Act applicable to such account (15 USC 1666 et seq.) 8. Prior to filing this complaint, all right, title and interest in the agreement which is the subject of this lawsuit, was sold and assigned by the original creditor, xxxx to CAVALRY SPV I, LLC. 9.Plaintiff made demand on defendants for payment of that sum, but no part of that sum has been paid to plaintiff, and the entire amount is now due and unpaid. 10. The payoff on this account as of July 31, 2009 is x,xxx.xx, plus interest will continue to accrue at the rate of 19.990 from July 31, 2009. SECOND CAUSE OF ACTION Money Lent (Against All Defendants) 11. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 10 of this complaint. 12. Within the last four years Defendant became indebted to original creditor xxxx, in the sum of $xxxx.xx for money lent to or paid out for the benefit of Defendant at his/her request, based on Defendant use and benefit of his/her account. 13. Neither the whole nor any part of the above sum has been paid , although payment has been demanded, leaving a balance due, owing and unpaid to Plaintiff in the principal amount of $xxxx.xx, plus interest at the rate of 19.990% per annum, and costs of suit.
  21. I am having the exact issue with the same law firm: Received a Notice of Claim/Summons on Saturday 2/23/2013 stating, The said plaintiff complains and says: That the defendant is indebted to the plaintiff for reasons stated herein for unpaid balance due. (Plaintiff being Midland Funding LLC as assignee of Citibank). and asks for judgement $$. I received via regular mail and the service requested was personal. (Not sure if this matters). Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt. Affidavit of debt reads as follows: (Also not notorized). I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf. 1. Defendant has an account balance of $$, which is owed to Plaintiff on account ####. a. The type of account is a credit card (Issuing company: CitiBank) 2. The plaintiff has obtained this debt from CitiBank (South Dakota). 3. The account balance includes MCM's records that there are no late fees after 2/20/09 ------ The summons was issued 2/11/2013 The first letter I received from this law firm was dated 1/24/2013 Affidavit dated 1/5/2013 The amount is just under $1000.00 I could pay it off and just settle but I'm not sure I should. First of all, I can't even find a CitiCard listed on my credit report or the original account number. All I find is MCM. I had not had a chance to send a letter of verification prior to the summons. Which, it doesn't look as though they waited 30days anyway! Now what?? I've read some horrible things about this law firm and MCM and not sure I should give them any money. I don't know if a DV is worth my time at this point. Court is scheduled 3/21/2013. Also, If I settle, will it still be filed as a public record on my report? Or should I dispute? Also should I dispute MCM records on my credit report since there is no report for this account # originally??
  22. This site is awesome, I am really feeling so much less stress since finding it! In 2008 my business failed leaving me in a situation where, looking back I should have filed Bankruptcy. All debt in my name. Currently I owe over $300K in debt, with no assets (only about half shows on credit report). Now I am back on my feet with a decent job (making about 100K a year) in Southern California. I just got served with summons and wonder my options. Here are the details of my situation: 1: Served by Pride Acquisitions (NY) regarding my Chase Credit Card for $39,000. Its a charge off. (Card in my personal name) on 1/26/13 in person 2) Last payment was probably Dec 4, 2008, on original balance of $25K . However it could have been as late as Jan 4 2009 since it was an auto payment out of a business account 3) Credit Card Statement attached to summons was from Aug 2009. I located some statements from 5/08 through 10/08. 4) Only real property I have is a old second vehicle…oddly enough I JUST purchased a car 3 days ago 5) I am on a court ordered payment plan for a Spousal support settlement through April 6) I have never talked to Pride acquisitions , however they have left me voicemails. 7) Summons was filed 1/23/13, however the Lawyer in NY dated it Dec 19th. 8) The account was one of two main used for business and over 6 years 2002-2008 or so (in which I paid over $35K in INTEREST at 27%...crooks) so it will have a TON of charges. I am wanting to clean up my credit and considering a lawyer, however I want to know what is fair and what I can do on my own. My divorce lawyer ended up hitting me with $4000 in fees when I met with him once and ended up settling with my ex the next day. He only met with me for an hour and wrote the settlement which looked like a template. It seemed very excessive, so I am a little leery of being ripped off. My questions are: Im assuming I should first File an answer. There are 14 points. Do I go point by point (pld 010) or just do a general denial? (PLD 050). Do I need to send a proof of service in California? Can I mail it, or do I need to go to the court? Should I try and get it thrown out? Should I also file a BOP? If I get a lawyer what are reasonable fees? Can I sue them back to cover the fees? There are 6 out here that do it. One said he deals with Pride LLC all the time. My concern is if I settle or get a judgment, this may start a windfall of creditors hitting me up. Plus I think I make too much to file bankruptcy now. Thanks in advance everyone
  23. Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to prove what I allegedly owe and how MSA came up with the amount that I allegedly owe. I also read online that a lot of people saying that they won just by responding to the summons by writing the Request to Validate a Debt. I went to the court clerk to file a response, but the clerk said that my letter is not valid and they don't accept it. She said I needed to file legal papers. They said I need to hire an attorney and file the same paperwork as the summons I receieved. I do not know what to do, I am being sued for $1,261. Can someone or a lawyer please help me out?? It would be greatly appreciated!!! 1. Should I just call the Main Street Acquisition Corp and pay off the debt? If I call the plaintiffs attorney to pay off (the summon only has the attorney info and no info for Main Street Acquisition), do I need to somehow respond to the summons with the court? Can anyone help me explaining this process? 2. Is it true that the letter I wrote is not valid to respond to the summons? Do I have to hire an attorney to file the response? How come the internet, people wrote that they were able to reply by only mailing a Request for Debt Validation letter? 3. Is there any other way to beat this without hiring a lawyer? LETTER I WROTE TO RESPOND: DEFENDANT: name address PLAINTIFF: name address Re: To Whom It May Concern: I am sending this letter to you in response to a summons I received from you on date. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: Provide copies of all documents or correspondences of what the money you say I owe is for; Explain and provide all documents or correspondence to show me how you calculated what you say I owe; Provide copies of all documents or correspondences that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Any and all copies of documents or correspondence from the Defendant to Plaintiffs predecessor in interest regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from Plaintiffs predecessor in interest to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Defendant to the Plaintiff regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Plaintiff to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Prove the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; and Provide me with your license numbers and Registered Agent.If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of CharacterIf your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards,
  24. Tomorrow morning I need to appear in court again as Capital One has sued me for about $2K. The first time I was in court, I filed an answer to the compaint and told the Judge I was not familiar with this account. So she postponed mediation until CO attornies can provide me with evidence that it belongs to me. What they mail me was a bunch of statements. However, the last statements balance is less than the amount I am being sued for. So my question is, should I call the balance into question?? Should they have to prove how they calculated this balance to the penny, including any late fee, interest, etc. ...and would they have that to prove that I agreed to these terms? My point it, I just don't think they have a signed credit agreement on me. So would that work in my favor? Also, in the even I decide to settle in pre-trial, ...what %age can I get away with? I was thinking to offer $0.10 on the dollar.