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Found 21 results

  1. All, I (defendant) was served just over a week ago. The fourteen day response time is nearing quick. The law firm representing the plaintiff (Portfolio Recovery Associates) and I have since reached a payment agreement (not 'settlement') and I have documents from law firm about this agreement, pay dates, etc. I do not dispute the amount owed, however some of the background on the petition is fuzzy/not accurate. At this point, should I file an Answer anyways and deny or admit those paragraphs that I know are, and use a defense that there is a current and active payment agreement between plaintiff and defendant? Or should I seek a motion to dismiss case since we have a agreements that would some or all of the debt? Agreement was made out of court via phone. On the case docket, there hasn't even been any proof of service yet and the only document is the petition so far. Thank you!
  2. Hi all, I am asking for assistance as I do not know what I am doing. I am being sue for $3500 from midland funding over a debt that they purchased from a Barclaycard. I have tried to negotiate with them over the past week, but I only have 20 days to reply to the court with my answer regarding this case. All of the settlement options that they are suggesting are unrealistic for my current income (my partner just left his job and I am paying for both of our bills). Should I turn in an answer just I case we aren't able to settle in time? can someone help me write the answer? how to I get a better settlement? I first offered $500 on the spot as I had that much, they denied it and then said they would take $3000. I told them I could do $750 if they wait until Friday, and they came back at me with $3000 over three months. I can't afford that, not even a little. Any suggestions? case number [deleted for privacy reasons]
  3. shellieh98 @debtzapper @texasrocker @TomnTex I have seen some awesome support & responses from you guys and I am hoping to I can get some feedback. I am seriously running out of times, and stressed. I was served by Portfolio Recovery Associates LLC Assignee of Synchrony Bank. In Texas, we only have 14 days to answer and I am seriously running out of Time. I already sent a Meet and confer Demand for Arbitration letter ( to the Attorney and PRA). I am in the Process of preparing the following Answer/Motion. I have not heard back from the attorney, and I am running out of time. I am not sure if I am worried to much about the little things. However, the original creditor was initially GE money. They changed their name to Synchrony (according to the website). I pulled up ALL of the agreements from the federal CC database. All of the agreements are the same, but the initial one (which was similar), which has what I think is a survivability clause. Not sure if I should use that first GE or the first synchrony statement. (Would I put one or both as an attachment) I think I should take out all of the formally known as & just put synchrony. If I do, should I use the synchrony agreement. So confused. In Texas, does the attorney have to respond before I file the motion? Do I include the Meet and Confer letter as an attachment? I know I have to include an affidavit stating everything is true to the best of my knowledge. Do I need to include a copy of the JAMS Demand form that goes to JAMS with the Motion? Or can I wait on that? That is holding me up, and I want to get this filed. ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION COMES NOW Defendant PAGRN appearing Pro Se for her the following original petition answer and Motion to Compel Private Contractual Arbitration with Synchrony bank (formally known as GE Money Bank) and as grounds thereto states the following: 1. That on or about November 13, 2015, Plaintiff filed its original petition against Defendant. Defendant ADMITS she is a resident of this county, but has elected private contractual arbitration pursuant to the terms of the governing cardholder agreement, which takes away both sides litigation rights in court. 2. Defendant is without information or knowledge sufficient to form an opinion as to the truth of Plaintiff's paragraphs (6-12) and must respectfully DENY Plaintiff's remaining allegations. Defendant holds the Plaintiff to provide the strictest proof thereof. 3. Defendant moves this court to compel binding Private Contractual Arbitration with JAMS based on the terms and conditions of both GE Money bank Credit Card agreement and Synchrony Bank Credit Card Agreement (see Exhibit A, attached). (see Exhibit B, attached). 4. The parties are bound by the Synchrony bank (formally known as GE Money bank) credit Card Agreement. The Arbitration Agreement states among other things: (a) Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or The Gap, Inc., on the other hand, if the dispute or claim arises from or relates to your Account. (b) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE (c) This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination. (d) Governing Law for Arbitration. This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). 5. The Federal Arbitration Act (FAA) 9 USC, Section provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 6. The Defendant elects arbitration with Jams to settle this dispute. (see Exhibit C, attached). WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with Synchrony Bank pursuant to the GE Money Bank Cardmember Agreement and to dismiss Plaintiffs complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending private contractual arbitration with JAMS.
  4. 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES LLC ASSIGNEE OF SYNCHRONY BANK( DEPARTMENT STORE NAME) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RAUSH, STURM, ISRAEL, ENERSON & HORNIK LLC 3. How much are you being sued for? $2,500 4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK( DEPARTMENT STORE NAME) 5. How do you know you are being sued? (You were served, right?) SERVED 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 9. What state and county do you live in? Texas Montgomery County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) January 2013 11. What is the SOL on the debt? 4 Years 12. What is the status of your case? Suit served? Motions filed? Suit Filed/Served 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? (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? 14 Days, No questionnaires or any other documents attached other than original petition 16. What evidence did they send with the summons? None Plantiff's original petition: 1. Court document showing Plaintiff and Defendant names stating that I am being sued stating that I have 14 days to file a written answer to the court. Along with the name and address of the Plaintiff (attorney). Signed by the clerk of the court. 2. Then a Petition with a stamp date on it Feb 2016. It shows as follows: A. Parties 1. states plaintiff and address 2. states my name and address B. Jurisdiction 3. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any kind, penalties, cost and expenses 4. Plaintiff asserts that the above names court has jurisdiction over the subject matter of this case and the person (s) of Defendant and that the damages sought are within the jurisdictional limits of the court. C. Venue 5. Venue of this action is proper in the county............. D. Facts 6. On or about month/day/2012, Defendant opened a credit card account with XXXXX SYNCHRONY BANK( DEPARTMENT STORE NAME) in the Defendant's name under its account number ending in ------------xxxx Defendant used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defendant's last payment on the account occurred on Janurary, 2013. Defendant defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently cancelled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about September, 2013. On or about July, 2014, SYNCHRONY BANK( DEPARTMENT STORE NAME) assigned Defendat';s credit account to plaintiff, and plaintiff is the current holder of the defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. 7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to plaintiff by Defendant on the account is $2500. ( 8. The plaintiff has made demand upon the defendant for payment of the amount due and payable in full. The defendant have failed, neglected, ad refused to pay the amount requested. 9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. Count 1: Breach of contract 10. Plaintiff is entitled to recover for breech of contract. SYNCHRONY BANK( DEPARTMENT STORE NAME) offer and extension of credit to defendant constitute performance and/or tendering of SYNCHRONY BANK( DEPARTMENT STORE NAME). Defendant failed to repay the full amount owed on the credit account and there by breached the contract. 11. Defendant Breach was a proximate cause of actual damages of $2500 And just and lawful offsets, credits and payments have been applied. F. Count 2: Account Stated 12. Plaintiff is entitled to recover on the account because (1) transactions between the original creditor and defendant gave rise to the indebtedness, (2) there existed an agreement between the original debtor and the Defendant which established the amount due to the Plaintiff, and (3) the defendant promised to pay the original creditor on the indebtedness. G. Damages 13. Plaintiff seeks damages on its liquidated claim in the amount of at least $2500, which is within jurisdictional limits of this court. H. Conditions Precedent 14. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred. I. Miscellany 15. The undersigned attorneys hereby give notice that they and the Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors. J. Prayer 16. For these reasons, Plaintiff asks the court to issue citation for the Defendant to appear and answer, and that the Plaintiff be awarded a judgment against defendant for the following. a. Actual damages in the amount of $2500 b. Court Costs C. All other relief to which plaintiff is entitled. Respectfully submitted; Raush, Sturm, Isreal, Enerson & Hornik, LLC By: ORIGINAL COPY SIGNED ( it states that ---- No signature) Attached is what I think I should file as my answer based upon my research on the forums and the many responses by Texasrocker any suggestions or words of encouragement would be greatly appreciated. Thanks in advance! ANSWER-2.pdf
  5. In late December 2015 I disputed some things on my credit reports. In January PRA started there process of suing me, and I was officially served yesterday, Feb 6, 2016. The packet includes: The summons page Form 1.997 civil cover sheet The complaint Exhibit A: Affidavit from PRA Bill of Sale from Citibank (no information specific to me or my account) An account statement from the OC Process server worksheet Since yesterday I have been lurking trying to gather info. Based off of my readings I feel confident that I can handle this in court with no lawyer. I know I need to send an answer to this within 20 days. Can anyone offer helpful info as to how I should write my response?? A few more things: I see no date for court... would that come later? The amount im being summoned for is 6k. I am in florida. What other details should I provide?? Thankssss
  6. 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.) Michael James Young P.O. Box 460568 Houston, TX 3. How much are you being sued for? $1900 4. Who is the original creditor? (if not the Plaintiff) Citibank (Best Buy Card) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Texas, Travis 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2013 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). Suit Served 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 from serve date which was 8/25 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. All are included in the attachment with the exception of a Credit Card statement from Best Buy Lawsuit_Redacted.pdf Looking for some help with my guidance letter. Based on what I have seen from other posts on this forum I know I need to keep it short and respond to their allegations line-by-line but not sure how to proceed much further
  7. Hello, I just received a summons from Midland Funding and I need help. It's for a Sears account. I was going to be without internet for 3 months, so I set up my Sears account payments in advance. I found a place to use internet about half way through the 3 months and found out Sears had kicked two of my payments out and had placed late fees on my account and raised my interest. I tried to get online to fix it and they wouldn't let me on my account without stating that it was my fault my payments were late. So I tried calling them and no one could or would help me. I finally gave up. It shows I owe $3200.00 but my credit limit was never over about $2600.00 and I had paid some of my balance down, so anything above that is all fees. I am a widowed mom of 3, and I don't have any income other than Social Security survivor benefits for one child and myself as guardian. And about $400 a month from a Government retirement account. I don't know if this makes a difference or not. I have looked through this forum and I have copied the letter that Texasrocker had posted in his #10 post. And I have read most of the forums for Texas and Midland on this site. I noticed the example I saw was a little different in the wording than mine in the Facts paragraph 6. Would the example letter posted still work? Paperwork I was served: 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.) Rausch, Sturm, Israel, Enerson & Hornik, LLC 15660 N Dallas Parkway, Suite 350, Dallas, Texas 75248 3. How much are you being sued for? $3203.33 4. Who is the original creditor? (if not the Plaintiff) Sears 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Texas, Wise 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2 1/2 years ago 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). I couldn't find anything for our small court 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? 20 days from serve date which was 8/14. I have been trying to post but this site wouldn't allow me. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Don't see anything
  8. I was served a "Consumer Credit Transaction" on the 19th of August. In it, it indicates that I am "summoned and required to serve upon plaintiff's attorney an answer to this complaint in this action within twenty days after the service of this summons, exclusive of the day of service..." The attorney is out of Schachter Portnoy LLC in Valhalla NY and it says that the plaintiff is "Cavalry SPV I, LLC, AS ASSIGNEE OF SYNCHRONY BANK" Page 2, which contains the "VERIFIED COMPLAINT" states in part: "1. That at all times hereinafter mentioned, plaintiff, CAVALRY SPV I, LLC, is a limited liability company with a place of business in the State of New York. 2. Plaintiff, by purchase and assignment, acquired from SYNCHRONY BANK , original creditor all right, title, and interest in the defaulted account, account number ****************1452, of defendant(s), ((my name here)). AND FOR A FIRST CAUSE OF ACTION 3. Plaintiff, through assignment, is the lawful owner of a consumer credit agreement entered into by defendant(s). 4. Defendant(s) did breach the aforesaid consumer credit agreement and Plaintiff seeks the sum of $1,192.19. Payment has been demanded by Plaintiff but has not been made. AND FOR A SECOND CAUSE OF ACTION 5. Plaintiff seeks for Defendant(s) the sum of $1,192.19, upon an account stated between them, did promise to pay Plaintiff said sum upon demand. Payment has been demanded by Plaintiff and has not been made. WHEREFORE, Plaintiff demands judgment against defendant(s) for the sum of $1,192.19, with costs and disbursements of this action and interest thereon." The third, and final, page is a signed verification (notary signature, etc.) I consulted with an attorney who told me that while I was more than welcome to retain him, he would be more expensive than just attempting a settlement. I left a voicemail for Schachtner Portnoy advising them that I was unaware of the account, had not received documentation regarding any bills (mail or phone call) and that I would like someone to call me back. This was all on the 19th. I still (not surprisingly) have not heard back from Schachtner Portnoy. What I've been able to find leads me to believe that they have not provided me with all the necessary documentation. I mean, Synchrony manages more than 57 credit accounts (yikes) - who are they claiming I owe money to? I don't truthfully know what the deal is. Any advice on how to proceed would be wonderful. The attorney I consulted with indicates that they purchase these 'junk debts' for pennies on the dollar and a quick settlement should be easy, but no one is calling me back so that doesn't help me at all.
  9. Hello everybody, I was served 6/21/2015 and had 14 days to reply to the lawsuit. My answer is due 7/6/2015. I currently have consulted with two attorneys near my area, and they both told me that it would be pointless to hire them because of their high legal fees(fees=2000, amount being sued for =2300) therefore they told me it was best to try to settle with the collection agency. I have tried calling the collection agency but since i currently just graduated college, i dont have the current high amount of money they are trying to get me to pay. So I'm going to try and mediate with them by answering their lawsuit. However I've been reading up on how to properly do this and mostly everything I come across says that everybody does it wrong and just ends in default. I was wondering if anybody would guide me in the right parts to trying to negotiate or trying to get this dismissed. Any help would gladly be appreciated. 1. Who is the named plaintiff in the suit? Barclays Bank Delaware 2. What is the name of the law firm handling the suit? Scott, Parnell & Associates 3. How much are you being sued for? 2220.18 4. Who is the original creditor? (if not the Plaintiff) Apple 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) Person by a Sherrif Deputy 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? Tried to settle before they sued, however would always get a voicemail 9. What state and county do you live in? Hidalgo, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jan 2014 11. What is the SOL on the debt? 4 years 12. What is the status of your case? To answer to the suit 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? 14 days from 6/21/2015 We need to know what the "charges" are. Please post what they are claiming. "Plaintiff's claims are for Breach of Contract, Account Stated and/or Open Account" Did you receive an interrogatory (questionnaire) regarding suit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None
  10. http://www.cnn.com/2015/04/12/opinions/cevallos-facebook-process-serving/index.html
  11. 1. Who is the named plaintiff in the suit? - Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Johnson Mark, LLC 3. How much are you being sued for? Under $5000 4. Who is the original creditor? (if not the Plaintiff) - CIT BANK 5. How do you know you are being sued? (You were served, right?) - Right...summons served 6. How were you served? (Mail, In person, Notice on door) - I wasn't home, husband refused to accept, they left it on the front porch anyway 7. Was the service legal as required by your state? - According to the courthouse clerk, no. But apparently it doesn't matter anyway. 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? - Portland, Multnomah 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - Have no info about this account. I do not recognize the OC. 11. What is the SOL on the debt? - 6 years in Oregon. 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; served two weeks later - Response: came here for help with that 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. I did receive a notice from the lawyer, in a non-postmarked envelope a mere 10 days before the suit was filed. 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. - 26 more days 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. - Breach of Contract 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. - No. The complaint is not verified. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? - No. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Absolutely nothing.
  12. The Custodian of Records for Portfoilo recovery that I served a subpoena on today was successfully served on the first attempt. Now what???? I was studying and working on my Motion and Limine to the CCP98 and I think it is now a moot point. right? What next freaking out. Didn't think service would be successful. I know I should be objecting to something just not sure at this point.
  13. Hi everyone! I was served about 25 days ago by CACH LLC. Originally, I thought that the collection on my credit wasn't mine, so I disupted it and it was deleted. . I was able to hire an attroney that will send them a letter as a response to the judgement. He doesn't think that he can win alleging lack of standing or proof that I owe the debt. He thinks that he should pursue the SOL defense more. The original creditor was Bank of America (allegedly), the terms and conditions were likely from Delaware. My attorney thinks that he can get this case dismissed because that the agreement was made with Delaware with the choice of court, and their SOL is only 3 years, as opposed to the 6 year SOL in Oregon.
  14. Newbie here. Tried to find this situation amongst the Forum. OC is Barclays Bank Delaware. They charged off my CC. Received calls for months from Nelson & Kennard. Was substitute served. I've tried to contact OC who passed my call to trakamerica (DC). My credit reports show charged off, closed by guarantor. So, N&K is a DC. Wondering how common it is for them to (or any DC) to not name themselves as True Plaintiff? The Cause of Action is Common Counts and not Breach, as you might expect in a cc case. No supportive documentation, just over $2K. I filed a general denial (verified, as was their complaint). Before I filed my Answer, they called me at work (via reception, told them to put them to voicemail. They didn't leave a message)! Thoughts? Shady, right?
  15. 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.
  16. First of all, Thank you for your time & attention! Can someone help me by giving me an example or template for: -Praecipe to Submit Preliminary Objections -Preliminary Objections I took out 3 non-federal student loans to help pay for my undergraduate degree. My dad is my co-signer on these loans. I graduated then went to Asia to get my MBA with Syracuse. Crossing languages & countries- the Plaintiff didn't acknowledge that I was in grad school therefore they did not defer my loans. I have not mad any payment on these 3 loans. I was served papers for a civil action law suit (the court of common pleas) for these 3 loans. The promissory notes were not attached to the papers I was served. I HAVE NOT received a 10 day notice of Default Judgement My dad has been diagnosed with Parkinson's Disease shortly before I was served these papers. My two sisters are in college and my mom works. I need to take care of my dad. Summary judgement against me should be avoided if possible. **I need help with the Preliminary Objections! I need to file ASAP because its past the 20 days**
  17. These forums have been incredible and are honestly the most competent and helpful resource out there - thank you all! Quick background: Oct 2012: Received letter from H&H stating that they they were attempting to collect on behalf of CapOne. Oct 2012: DV'd them and received a very sad packet with the name and address of original creditor and account statements from Aug 2011 - May 2012. CapOne confirmed my account was closed and charged off/bought? May 2012. Jan 2013: Received notice of intent to file suit and incur court costs - "on behalf of our client CapOne", ended doc with "This communication is from a debt collector." Was served with summons two weeks ago with Capital One listed as the plaintiff. Reason for case: Rule 3.740 collections. 1. Who is the named plaintiff in the suit? CAPITAL ONE BANK (USA) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT & HENRIQUES, Attorneys at Law 3. How much are you being sued for? $2,*** (LIMITED CIVIL CASE, does not exceed $10,000) 4. Who is the original creditor? (if not the Plaintiff) CAPITAL ONE is the Plaintiff stated 5. How do you know you are being sued? (You were served, right?) SERVED. 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? YES. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NO MUTUAL phone correspondence, received intent letter to which I responded with a DV via certified mail. 9. What state and county do you live in? CALIFORNIA, SANTA CLARA 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, WITHIN SOL 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? Open case, complaint and summons filed, proof of summons served. Have a few days left to answer. 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. YES - Received name of address of Capital One as original creditor and 10 months of statements; nothing showing assignment to H&H. 15. How long do you have to respond to the suit? 30 DAYS FROM BEING SERVED (I have only a few days left!) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NO EXHIBITS, ETC. JUST CASE ASSIGNMENT, STATEMENT OF LOCATION ADDENDUM, ETC - APPEAR TO BE STANDARD CASE FILING ITEMS. ----------------------------------------------------- I realize my strategy for answer is going to be very different if the plaintiff is the original creditor, but after reading, it seems that H&H is the actual creditor. I called CapOne and finally got them to confirm that they closed the account and charged it off in May 2012. I originally had an answer with affirmative defenses (lack of standing), but I wrote that with a JDB as a plaintiff in mind. My main focus now is to come up with an another answer soon, but I don't know if an answer with lack of standing will work. Should I just prepare an answer with a demand for BOP? Thanks again.
  18. 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT & HENRIQUES, Attorneys at Law 3. How much are you being sued for? $1x,xxx (LIMITED CIVIL CASE, exceeds 10,000 but does not exceed $25,000) 4. Who is the original creditor? (if not the Plaintiff) WELLS FARGO BANK, N.A. 5. How do you know you are being sued? (You were served, right?) SERVED. 6. How were you served? (Mail, In person, Notice on door) IN PERSON (FAMILY MEMBER). 7. Was the service legal as required by your state? AS FAR AS I CAN TELL, YES. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NO MUTUAL CORRESPONDENCE OTHER THAN ANSWERING A PHONE CALL A NUMBER OF WEEKS PRIOR TO BEING SERVED.PROBABLY LETTERS (NON-REGISTERED MAIL) SOME TIME LAST YEAR, UNSURE (BUT LOOKING) 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) EARLY 2010. SERVED EARLY APRIL, 2013. 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? LATE MARCH 2013 OSC SET (REDACTED) NOTICE FILED & MAILED MID MARCH 2013 COMPLAINT FILED - COLLECTION CASE MID MARCH 2013 SUMMONS FILED MID MARCH 2013 NOTICE OF CASE ASSIGNMENT FILED AND COPY GIVEN TO PLAINTIFF 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. UNFORTUNATELY, NO. 15. How long do you have to respond to the suit? 30 DAYS FROM BEING SERVED (EARLY MARCH) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NO EXHIBITS, ETC. JUST CASE ASSIGNMENT, STATEMENT OF LOCATION ADDENDUM, ETC - APPEAR TO BE STANDARD CASE FILING ITEMS. -----------------------------------------------------
  19. 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,
  20. 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,
  21. 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,