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  1. I am trying to help my son who is being sued by Capital One for credit card debt. I really wish I had found you sooner but maybe there is still time to do something, I am hoping you can help. We issued a general denial and I was going to challenge jurisdiction so I was looking for some information for that when I happened upon this website and saw the, DEFENDANT'S ORIGINAL ANSWER, PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS provided to Htown, oddly enough 3 years ago today. I read it over and it looked like just what I need except the plea to the jurisdiction is addressing a debt collector and not the original creditor. The suit was brought by debt collecting lawyers who claim that Capital One is the plaintiff. I am pretty sure that the law firm is actually the plaintiff but I have no proof of that. I asked that they prove they have authorization from Capital One but all we got was a copy of their bond. After I sent the general denial they asked for a continuance to the trial, it was postponed from June 26 to August 22, maybe. I say maybe because we have never received a notification from the court on when the date actually is, I called down there last week and the clerk lady said it was going to be on the 21st but the judge couldn't be there so they were going to change it to the 22nd. It seems to me they would be required to give us a definite date before now, it is not but about a week away now and still no official notification. She said she was going to send the notices out but as of Saturday's (8/12/2017) mail we still had nothing. The Texas rules of Civil Procedure 503.3 says they are supposed to give 45 days notice of trial date, but that doesn't mention a postponed trial, but still it seems like we should get more than a week of official written notice. A week or so ago the law firm sent an affidavit from the accounting dept at Capital One as evidence and then Friday they sent a motion for summary judgement with another affidavit from another accounting person. I was going to just send the special exception part of your brief as they are basing their argument on the account stated. I was wondering if you had anything for the jurisdiction if the original creditor is listed as the plaintiff? Is there any way to prove the law firm bought the debt and is collecting for themselves? Any help would be greatly appreciated. I know this is short notice, again I wish I had found you sooner. I was going to challenge jurisdiction based on the fact that there is no valid contract due to the deceptive methods used to coerce my then 18yr old son into contracting with them. Any help would be greatly appreciated.
  2. I got a letter in the mail from a credit lawyer saying someone has filed a law suit in my name gives a court case and suing by Barclays Banks case was filed on 04/18/2018 ... I’ve never heard of this bank what should I do ? I have not been served
  3. Hello, I'm new here. Short story to explain what I am wondering. I've been out of work, need back surgery, 59 yr old female, zero income. Husband lost his good 16 yr. High paying job. Now he works hard labor at $11 hour. We own one paid off house, one van that will pay off in Sept 2018. Once our income went to hades, we were only able to pay utilities and eat(also joined a food bank. ). It's bad, real bad. All of our unsecured credit accounts went sour. We both owe 3 or 4 to Midland and some other creditors. Midland/MCM put a judgment againt me and we have several others too. I'm on oxygen too(as needed)so going downtown to fight creditors was impossible, I cant afford portable O2, no insurance, no $ for deductable either. My home is paid off and hudband gets his payroll onto a debit card. We don't care if creditors lein on the house as we plan to die here and not sell. I understand Texas is great at protections for debtors but I am wondering... Will the creditors still send a Sheriff out to take things? Will they let me know in advance? Will they come at night? The furnishings I have are crappy, garage sale bought stuff. I have sold everything off over the past 3 years to pay for doctor bills and medicines for my back. If a sheriff can come, how do I claim the few things I would like to claim as heirloom? I also have a pistol from my deceased Dad i would like to keep. Does the sherrif bring a truck and load it? I and my husband can not move boxes or dig through closets anymore. The van sidevand back doors do not open anymore, broken. What can I expect? We never could do anything to defend ourselves. We might try bankruptsy in a few months but even that is hard to budget. Thanks if anyone can tell me the worst to possibly happen, so we can mentally prepare for any hammers to fall on us. Mrs. JoL Forgot to add one more question, please: Midland sent a bland unmarked envelope, didnt even show their address, so it got put on the table, just found it today. It is some questions about jobs, banks, ect, is this a legal discovery letter? Am i forced to answer it? I was thinking it was just bs mail since it did not come certified. I thought it had to be signed for to be legal in Texas.What if I ignore it?
  4. 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint. 3. How much are you being sued for? $3,000 4. Who is the original creditor? (if not the Plaintiff) WebBank 5. How do you know you are being sued? (You were served, right?) Served. 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? Orange County, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The account was closed in 2015. 11. What is the SOL on the debt? To find out: 4 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Case management conference scheduled for the 20th of this month. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I already filed an answer in January, a general denial Complaint Stated: 1) Open book account for money due 2) Because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff 3) for money lent by plaintiff to defendant at defendant's request 4) for money paid, laid out, and expended to or for defendant at defendant's special instance and request 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Last statement, account summary report including: -original creditor, account acquired from Santander (they also included a incorrect address which is why I never received a collections notice), ownership history (WebBank, Santander, Sherman Originator, LVNV Funding) I barely discovered this site 2 weeks ago, I didn't know that there was such a site that existed. I'm just a bit scared and confused, I'm a college student and this is my first time being sued...all this information is scary, confusing, and completely over my head. I sent BOP two weeks ago and received it 3/9. In the BOP it states: "Plaintiff objects to defendant's attempt to use a BOP demand to request outside the scope and requirements of a BOP demand thereby placing an undue burden on plaintiff. Plaintiff hereby complies with defendant's demand for BOP by attaching printouts of such available documents as may be located after a reasonable and diligent search. However, in accordance with Regulation Z, truth in lending, plaintiff's predecessor is required to keep documents on open-ended accounts for a period of 24 months. After that, the documents may be destroyed. A creditor shall retain evidence of compliance with this regulation for ...2 years after the date disclosures are required to be made or action is required to be taken. Plaintiff reserves the right to supplement this response at such time as any missing transactions are located" In the documents they sent, they sent over the statements, bill of sale (with all signatures) & transfer + a bunch of redacted info. In the BOP I sent I requested "the items and details of the account on which the cause of action for goods sold and delivered of plaintiff's complaint is based, including the date of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction." using the template. I don't know what to do, I'm scared and waited until the last minute because I'm intimidated from this whole process. Am I supposed to file anything before the case management conference on the 20th? It is currently the 10th. At this point, what are my options? Thank you all for reading this novel.
  5. Hello! I'm new here and I've never been sued before. I have been reading on how to Answer a Complaint since I received a Summon yesterday. Please review the complaint and help me answer it. Thank you. 1. Plaintiff, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC ("Plaintiff") is a limited liability company qualified to do business in Ohio. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, MY NAME, (hereafter "Defendant"), residence lies within the jurisdiction of this Court. FACTS 3. Defendant opened an account with SYNCHRONY BANK or its predecessor in interest. A copy of the account statement is attached as Exhibit "A". 4. Plaintiff has purchase Defendant's debt, and is entitled to all rights as owner thereof. MIDLANDS EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION 5. MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC owns portfolios of consumer receivables, which attempts to collect. When working with individual consumers, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC and its affiliates (collectively, "Midland") generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland attemts to assess each consumer's willingness to pay, through phone calls, letters or other means. Midland attempts to exclude consumers from its collection efforts, where Midland believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments. 6. When Midland contacts consumers, it strives to treat consumers with respect, compassion and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. Midland's efforts are aimed at working with the consumers to repay their obligations and to attain financial recovery. Midland strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives. 7. Despite Midland's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with Midland. Those who do are often offered discounts or payment plans that are intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. 8. However, the majority of Midland's consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens Midland must decide then whether to pursue collection through legal channels, including litigation like the present action against the Defendant. Although the account is no in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible. CLAIM FOR RELIEF 9. There is now due and owing from the Defendant, in the amount of $2,765.19. 10. Plaintiff has made demand on Defendant for repayment of the account but Defendant has failed and refused to pay the balance due. WHEREFORE, Plaintiff prays for judgment agains Defendant as follows: a) For the unpaid balance of $2,765.19. For the purposes for this suit, Plaintiff is not requesting any interest on the amount sough and requests that interest be waived, including pre and post judgment interest; c) Costs for suit, and d) Such other relief as this Court may deem just and proper.
  6. 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.
  7. Hi all, I am located in Austin, TX in Travis County. I started receiving letters from lawyers last week wanting to represent me in a lawsuit that was filed on 7/20/17 and provided a case number. I looked online but cant find the case with the courts..but I may not be looking for it correctly as I've never been in this situation. I think its probably related to a bank of america credit card that with 30k that could no longer be paid from 3 years ago after financial problems. I expect to be served any day. I plan to answer with a general denial within 20 days. I have been reading a lot about this on this and other forums. I am very confused as to how to approach the suit. Been reading about needing to file discovery to get the debt collector to provide, all contracts, all transactions etc. Then others say this is now ineffective. I'd like to represent myself if possible. not sure if I should attempt to arbitrate or fight it. I did talk to a lawyer briefly yesterday who said I need to liquidate all of my bank accts immediately (tomorrow) before getting served and not to answer my door tomorrow morning if someone comes knocking to serve me. I was advised to empty my accts first. I don't have a lot of money so this should be eaay to do. Unfortunately I have an autoimmune disorder that causes me to get sick when under heavy stress. I'm hoping to calmly and methodically go to court and do what I can. Any advice is greatly appreciated. I just read this article and hope I can determine if this is the way to go or not. https://toughnickel.com/personal-finance/You-Can-Beat-Credit-Card-Debt-Collectors
  8. I've read alot of forums today about Midland funding suing for debt they bought from a creditor. I had a past one (actually today) that I paid a lawyer to take care of well he won my case. Now Midland funding is suing for another debt I had also. I don't want to pay another lawyer. If I had all that money I would have paid off the debt myself. Now this one is suing me for less than the one I had hired a lawyer for. I already called the magistrate office to defending my case. So I know I'll have a different paper coming in the mail. My question is do I just go in that day let them interrogate me and I just keep saying no and just keep repeating I need proof of this debt. And that I never signed a contract with them? Also I've read that people also send something to the attorney and magistrate office stating they need to show me all the proof before hand?
  9. Hello all, I've been combing the forums for about 5 hours now and I was hoping to get some help specific to my situation. Thank you in advance for taking the time to read this and hopefully responding. 1. Who is the named plaintiff in the suit? Myself. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blatt, Hasenmiller, Leibsker, & Moore, LLC (representing Capital One) 3. How much are you being sued for? $5454.23 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank (USA), N.A. 5. How do you know you are being sued? (You were served, right?) Summons 6. How were you served? (Mail, In person, Notice on door) Notice on door 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? St. Joseph County, Indiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/11/2015 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? 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? No 15. How long do you have to respond to the suit? 20 days - August 10th is the final day to respond. 16. What evidence did they send with the summons? Copy of credit card agreement (no signatures) and Affidavit of Debt I'm not sure what my chances are of actually getting this suit dismissed, I just know that I do not have the funds right now to try and settle out of court, or have this suit automatically ruled against me. Basically I want to delay the final judgment as long as possible at the very least while I try and find some options. Here are the complaints listed for reference: Plaintiff alleges: 1. That the defendant(s) is (are) indebted to plaintiff for purchases of merchandise sold and delivered, services rendered, or cash advanced at request of defendant(s) and paid for by plaintiff arising out of the use of a credit card pursuant to a certain credit card agreement entered into by the plaintiff and defendant(s); that a copy of said agreement is attached hereto, made a part hereof and marked Exhibit "A". 2. That thereafter plaintiff performed all the conditions thereof on its part to be performed. 3. That defendant(s) have failed and refused to pay pursuant to the terms of said instrument and are in default thereon. 4. That there is due and owing plaintiff thereon the sum of $5454.23 and costs. Plaintiff is not seeking attorney fees. WHEREFORE, plaintiff asks for judgment for $5454.23 and costs. This is the answer I have so far: Defendant, appearing pro se, for its reply to the Complaint naming CAPITAL ONE BANK (USA), N.A. Plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein. 1. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 2. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 3. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 4. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. FURTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted. AS AND FOR AFFIRMATIVE DEFENSES 1. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. 2. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. 3. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws. 4. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive. 5. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account). 6. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not. By the Defendant pro se Dated this 8/9/2017 Does this make sense? And do I need to respond to the affidavit in any way? I'm not well versed in this type of thing so any advice would be greatly appreciated.
  10. I recieved a summons and complaint, by a serving officer in the state of Michigan. Barely anything was attached to it, except 7 statements to the court which I will now copy 7 Claimed Statements and what my reponse would be (I Just have no idea how to send it) 1. Jurisdiction and Venue are proper in this court. (the 60th district, has jurisdiction over me I don't dispute that). Me- The Defendant admits this allegation in its entirety 2. Defendent entered into an agreement with the plaintiff's assinor, SYNCHRONICITY BANK, for an account number ending in XXXX (Honestly don't know if I did) Me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 3. Upon Infomrmation and belief, Defendent has poession of this contract upon which this claim is based (either I didn't open it (the account), or I lost it) The Defendant denies this allegation in its entirety 4. The Account Was duly assigned, in the normal course of buisness, to the plantiff. (I Have no idea if they bought it or can prove it) me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 5. Plantiff and/or it's assignor completed performence under the terms of its account (I have no idea what that means) Me- C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 6. Defended Has defaulted under the terms and the condtions of the account by failing to pay as promised (again no idea if I opened this account (Bipolar as hell), or they even bought it correctly if I did) me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 7. There is presently due and owing the sum of 1366.18. plus costs and atty fees. (again no idea) Me -C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. I'm bipolar I had my identity stolen before and I actually have some bad debt, I have no idea of who where and what to respond to but I can't afford this I have no bank account because I am on disability and my wife pays everything on my behalf, secondly I do real estate 2 very old cars one worth 2000k and one worth 4500k, and 1 modest home. The cars are paid for and I have about 30000 worth of equity in my home. Thing is I have no idea if I opened this, second I don't want a lien on my property or for it to be acutioned off, how do I respond (Mail, Phone, email) secondly where this is the 60th district court.... I want a day in court to explain. What should I do?
  11. I WON TODAYYYY!!!! MIDLAND FUNDING filed a lawsuit against me in Lancaster County Pennsylvania claiming that I owed a debt to an old credit card company. They had a lawyer out of Philadelphia Pennsylvania file against me in my local Magistrate Office. I was in the middle of moving when the first notification came through and missed the court date. Thank God the judge did a little research on Midland funding and decided to extend the date requiring Midland to prove that they own the debt and to prove how they got to the amount of that debt and to prove they have the right to have the debt. I think he called it 319b a local Magistrate ruling they can use. So when the new date came up I showed up for trial. I WAS SO SCARED!!! I ALMOST DIDN'T GO!! When I came across this website I began to gain confidence and decided to fight back. Midland funding LLC chose and attorney in Philadelphia to send me a letter that only showed the amount the last 4 digits of the credit card number and my name. They filed that letter with the local magistrate and I received a certified letter saying that I was being sued. I began to read about who Midland funding was because I did not know anything about them and I learned that they were buying debt by the thousands for only Pennies on the dollar and it made me even more angry. I put together a document "answer to the complaint" and a "request for documents", hoping Midland would have to prove their case. When I arrived there I was upset but ready to battle. They sent me into the Courtroom. I stood up as the Judge walked into the room. He said Thank you and allowed me to sit. He said, I did my research on Midland Funding and found they are a debt buyer and for pennies on the dollar. He said, Do you see Midland Funding or its Reps in the room? I stood up and said, no your Honor. He said, well do you have anything to say to the court today regarding your case? I stood up and said, I have prepared an answer to file with the court and he interrupted and said " well that's the beauty of your local court and answer is not required" He said AS HE LOOKED AT THE EMPTY PLAINTIFF SEATS WHERE MIDLAND WAS TO BE, " do you have any requests of the court today considering Midland funding is not present? And he kept saying that and then I got what he was saying and I said "um your Honor, I would like the CASE DISMISSED?" In a questioning voice. The Judge said CASE DISMISSED, DEFAULT JUDGEMENT ENTERED FOR THE DEFENDANT He reminded me they have 30 days to Appeal and good luck!!! YEAH, SO PLEASE SHOW UP NO MATTER WHAT!!! NO MATTER WHAT!!! TRY NO MATTER WHAT!!! #HappygirlinLancasterCounty
  12. Can anyone guide me with answering this summons and copy of complaint. I got a credit card with my son as a co signer for him to use to purchases a medical device. He hasn't been able to pay it and i'm getting sued. I have 20 days to answer.
  13. I am being sued by midland funding LLC, could use to some help for pre trial or some opinions would help. Docs plaintiff provided have some discrepancies as well.
  14. Please help...... I was served on April 6, 2017. I tried to call PRA on the 14th and 17th of April. Once I went to their website and put in my information I called and actually got a person. I now know I shouldn't have. I went to file my answer on the 17th. The process server had not put it in the system yet. I believe the 14th day is the 20th. The amount they say I owe is $996.25 from World Financial, Ann Taylor. There was no statement attached to the citation or any evidence attached at all. It also states that I made my last payment on or around December 12th, 2013. I don't know how to write my answer. It is with the court in Montgomery County. I called and offered $200.00 to settle and keep it out of court. They would not accept. They said all they could offer was half $497.00. Any advice is greatly appreciated. This is a small town. Willis, TX. If they produce copies of statement I think the judge would accept as evidence. I would like to object, per federal rules they have to provide original bill of sale. In Texas the judge can accept what he feels is evidence.
  15. Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney. I've answered the questions necessary thats been requested by the admin/moderators. Thanks again ahead of time. *Note: I've left out specific info. If anyone needs more specific info I can message or email you. -Nehv 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.) Portfolio Recovery Associates, LLC 3. How much are you being sued for? Less than $5,000 for principal balance, costs of suit and "any such other relief as the court may deem just and proper" 4. Who is the original creditor? (if not the Plaintiff) Synchrony bank 5. How do you know you are being sued? (You were served, right?) Not yet. Served with papers left at home while i was out and also got two letters from attorney services. 6. How were you served? (Mail, In person, Notice on door) Papers were dropped off on the floor. 7. Was the service legal as required by your state? I don't know. I'm not sure to be honest. Since the papers were just on the floor. 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? No contact what so ever with PRA before or after summons. 9. What state and county do you live in? Los Angeles, California 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 in mid 2015. Never made a payment with the collection account with PRA. 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts Well in California it says the most is 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). As if today: Unknown disposition. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I haven't been served yet. Where can I find the charges? I read all the paperwork. Can someone guide me? It says I "expressly or impliedly agreed to pay ... Balance" 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached two billing statements of the original account with Synchrony Bank.
  16. Hello everyone. I could really use some help here. I received a summons on Friday and I am not exactly sure what to do. I have never had to deal with any sort of legal issues before. Any help would be appreciated. 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gamache & Myers PC 3. How much are you being sued for? $615 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?) Summons 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? I have never been contacted by them before. 9. What state and county do you live in? St. Charles County, Missouri 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/17/14 11. What is the SOL on the debt? To find out: 5 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). Website doesn't say and I haven't called the court. 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. I had no idea that there was a suit.. 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? Scheduled for 1/8/16. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent a copy of their petition to the court- Count 1- Suit on Contract Count 2 - Account Stated and an account summary that specifically states that it is not a statement from the OC.
  17. I am being sued by Cavalry SPV I, LLC as assignee of Capital One Bank. Their lawyer is Winn Law Group. For $3,700.00. Since I was never served at all by mail or at home, I submitted a Motion to Quash. The company they hired to serve me stated they served a person who is about three inches taller than I am and of a different race! I have no one who fits that description who lives or has visted my house. I believe the company that was supposed to serve the papers did sewer service (which to me means they claimed they served the papers but did not). Anyway, the judge accused me of getting the papers and being the person they described in the proof of service. I was and still am really mad about that since I know I wasn't served at all. Anyway, the Motion to Quash was denied and I was given ten days to file an ANSWER. I need all the help I can get. I was hoping to submit my answer today since I have ten days to submit the ANSWER. I might have to wait until Monday If I can't figure out exactly how to fill out the form. I would appreciate any help I can get.
  18. I got served by a JDB, for a debt of an amount under $3,000 and am working on making my response. Thanks in advance for help!
  19. In oct/nov of this year I was sued by Eaton Group for old debt. I have made a payment within the last year or so but it's been a while. I can't reach them on the phone after numerous attempts and leaving voicemails. I've sent a certified letter and lately I've been faxing them to avoid further legal action. And to set up a voluntary payment plan! Also they want me to sign a consent judgment and my friends keep telling me not to sign it. I need Louisiana advice please!
  20. Ok so I posted here before about being sued by Portfolio Recover Associates. Well I filed my general denial and its been months. PRA sent me some mail saying they had documents and I needed to sent them a written notification in order to obtain them. I never responded to that. Now I have a court date set for this Monday coming up. Does anyone have any recommendations for this? I have my cardmembers agreement that I will take with me and if things go wary, maybe I can ask for the private contractual arbitration as outlined in my agreement? Any suggestions would be helpful.
  21. Looking for some assistance on what to do. Back in April I filed my General denial not requesting arbitration, kind of forgot about everything and then got a letter in the mail saying I have court coming up on Monday the 7th of November. I have my member agreement showing I can use arbitration but what I want to know is if they don't back down how do I request for the private arbitration as stated in my card members agreement. Any help would be great. I would like to know how to write out the Motion to Compel Private Contractual Arbitration and what how to file it when I do go to court on Monday. I am in Dallas County, JP Court.
  22. I was just served this morning with a summons and complaint and need advice on what I need to do next in the State of Nebraska. HELP PLEASE !!! 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.) Mandy L Musta 3209 West 76th Street Suite 301, Edira MN 55435 (Rausch, Sturm, Israel, Enerson & Hornik LLC) 3. How much are you being sued for? $2,365.88 4. Who is the original creditor? (if not the Plaintiff) US BANK National Association. 5. How do you know you are being sued? (You were served, right?) served by Sheriff 6. How were you served? (Mail, In person, Notice on door) Notice on door. 7. Was the service legal as required by your state? Pretty sure 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't remember any from Portfolio Recovery . 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. At least 5 or 6 years. However in Credit Karma it shows under PRA opened Mar 18, 2014. (2yrs 7 mos) 11. What is the SOL on the debt? To find out: 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). Filed and File No provided. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) YES 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 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days . Claiming Defendant used the credit account but defaulted by failing to make payments 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Attached nothing
  23. Being sued by Cach LLC for a debt allegedly incurred my by defunct business for $31,000. Original creditor is Wells Fargo. Here are the bullets: Plaintiff Petition Filed 3/2015 Defendant Answered Petition 5/2015 Plaintiff Filed "MOTION TO COMPEL DISCOVERY RESPONSES AND TO SET DISCOVERY CONFERENCE" 6/2016 Plaintiff Filed "NOTICE OF HEARING ON PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES" 6/2016 All of the Plaintiff's communication was mailed to my now ex-wife's old house address, so I never received the communication. As a result, I was not able to respond to the Discovery request. I only made the discovery of these events through the online court system after they made their filings. Filed for and was granted Divorce in 8/2015, after my answer but about 10 months earlier than the recent Plaintiff's filings. My assets are nearly zero, I rent and do not own a home and I owe more on my car than it is worth and live near paycheck to paycheck. PLAINTIF'S MOTION TO COMPEL DISCOVERY RESPONSES AND TO SET DISCOVERY CONFERENCE HEARING IS SET FOR THIS FRIDAY Will be traveling for work on the day of this hearing and will be gone (2) weeks. My jobs has me out of town 21 days of the month. How should I BEST proceed from here? As it stands, they don't have my correct address and I cannot appear at the hearing. Any help would be GREATLY appreciated.
  24. Good morning, I've attached the petition that I received taped to my door about being sued by this collection company. I have to answer within 14 days and I have no idea how to answer in a professional way but also a way that I don't mess up and make me lose the case as well. The court suggested I contact the lawyer on the last page and work out an agreement to drop the case and I settle the debt. After reading numerous sites about this company, I'm not seeing anyone suggesting that since this company is bad about never stopping to collect until they get the whole amount they are asking for. Then continues to sue until it's fully paid for. Is it better to contact them and pay the debt or fight it out in court? I really don't have the money to hire a lawyer. The amount they claim I owe is $880. Anyone have any advice on this and has anyone ever won against this company or settle the debt with a success? portfolio recovery lawsuit.pdf
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