Search the Community

Showing results for tags 'Sued'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Calendars

  • Community Calendar

Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 93 results

  1. 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
  2. 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?
  3. 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.
  4. 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?
  5. 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
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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!
  13. 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!
  14. 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.
  15. 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.
  16. 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
  17. 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.
  18. 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
  19. Hi All, My wife is being sued in FL by Prortfolio Recovery Associates LLC. She received a summons to appear for a pre-trial conference next week. This is in small claims court in Pinellas county, FL. We are being sued for about $1,400. My wife is required to appear next Tuesday and the summons says; The purpose of the pre-trial conference is to record your appearance, to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pre-trial conference. It also states that she may be ordered to mediation at the pre-trial conference. The original creditor was Orchard Bank and of course Portfolio Recovery purchased the debt from them. They have filed against us within the SOL so no luck there. Attached to the summons is the following (paraphrased); --Complaint with 8 points-- 1-This is an action for less than $5,000 2-Defendant obtained an Orchard Bank/Capital One credit card 3-Plaintiff is successor of account having purchased it (see exhibit A) 4-Defendant made purchases and charges on account then failed to make monthly payments and failed to object to the balance owed resulting in sum of $1,400. 5-Plaintiff has declared Defendant in default and demands payment. Defendant has refused demand. 6-Defendant is indebted to Plaintiff for $1,400. 7-All conditions precedent to this action have occurred. 8-Pursuant to rule 2.516, Plaintiff designates the following email addresses for the service of all documents and it goes on to list several lawyers email addresses. Wherefore , Plaintiff demands judgment against Defendant for $1,400. --Exhibit A-- Affidavit signed by the "custodian of records" for Portfolio Recovery --Exhibit B-- Statement of Account It states the Issuer as Orchard/Cap 1. The assignee as Portfolio Recovery. Thedate the account was opened, date of last payment, date of charge off. Balance of $1,400 Purchase date and that we have made no payments to them. --Exhibit 1-- Bill of Sale This is the document that transfers ownership of the account from Cap 1 to Portfolio Recovery. It is signed by a VP of Cap 1. The price that Portfolio Recovery paid and the "Sale File" are blacked out! Interestingly the card we had was an Orchard card. Not sure if that makes any difference. --Exhibit 2-- Exactly the same document as Exhibit 1. It also has two photocopied pages of an account statement from Orchard bank showing that we owe $1,400. --Civil Cover Sheet-- This is just a cover sheet (why it's the last sheet in the summons I have no idea). It basically says that they are suing us in civil court for "contracts" and that they don't demand a jury trial. Our objective is to settle this for as little as possible and/or to get the case dismissed if possible. Neither one of us has ever been to small claims court before and hiring a lawyer is not really an option for such a small amount. Any help and advise is much appreciated and I would be happy to answer any more detailed questions. thank you, --InDebtinFL
  20. Please Help!! Approx 2 months ago, i received a voice message on my cell phone from N&K that they were going to suit me and that that message was just a courtesy call. A few days into July, I am served papers stating that N&K filed suit against me for approx $4k near the end of June on behalf of razor capitol. I know i need to file a written response, but am at a loss on how to respond to this. I do know that razor capitol is not the original creditor and that the original creditor sold the "pool of receivables included in an electronic data file" (their words not mine). Also, in the suit papers filed, they keep referring to exhibit 1, but i can only find 2 exhibit A's, a page that only says exhibit B, and a page that is a summary of exhibit 2. Furthermore, i am even more confused because they originally state that it is an open-book account, but later state that it's an account stated in the second cause of action. Please help!! Thank u in advance to all who do
  21. In 2013 I was sued by Cavalry from an HSBC card I had no idea about from 2008. Only reason I even found out was I got junk mail from an attorney saying we noticed you where being sued here is our info if you need help. I was crazy confused. The week before DH left for a year long deployment the day he left, that night my father died. Basket case I was and had never had any legal issues before. I did hire an attorney and the case was dismissed with prejudice also stating a release on all liability for account. OK well I was ok with this but not understanding it completely however I had other issues to deal with. Two of the CRA had been reporting this HSBC account as in collections with a trade line (just found out what that meant) also stating as derogatory charge off. I contacted Cavalry who gave me a date of April 2013 when it reported to them the status and deleteion of account. However just this past month when I disputed with the one CRA the tradeline was gone. However I have proof that HSBC reported on it for three years. My question is what in the world is the point of this judgment if it still reports and charge off collections and negative? Seems like I would have rather taken my chances proving my case to get it off my report but silly me assumed that the whole point of that was to clear it up. So basicaly all for nothing but the chance of not being sued again and that was not exactly my concern well yes it was but more so having it not negative on my CRA . Thoughts?
  22. I have searched but I cannot seem to find out exactly what to do, I am posting this in hopes I can obtain some help on how to proceed. I do not want to wait too long to file an answer. Please Help!! 1. Who is the named plaintiff in the suit? Portfolio Recover Associates LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Atty, Raush Sturm Israel Enerso & Hornick LLC 15660 N Dallas Pkwy Ste 350 Dallas, Tx 75248 3. How much are you being sued for? $ 1123.79 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Lowes) 5. How do you know you are being sued? (You were served, right?) Was Served paperwork stating I was being sued. 6. How were you served? (Mail, In person, Notice on door) In person at my door. 7. Was the service legal as required by your state? I answered the door and received the paperwork 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I had no interaction with PRA to my knowledge. 9. What state and county do you live in? Texas, Dallas County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 15, 2015 11. What is the SOL on the debt? To find out: 4 years for Texas I believe 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Cannot seem to find info online and court house is closed. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not disputed any of the debt. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No I did not send a debt validation. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I must respond within 14 Days. Receive notice on 04/08/16 @ approximately 1800 hrs. (Friday). 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing else was sent with the summons. I have attached pics of all that I have received. I am attaching the files of the paperwork I received. I need some help in understanding what I can do.
  23. Well I got served on the 8th of Feb by Wakefield and Associates for an alleged Checking Account that was overdrafted. The sum is 993.69. I am in Nebraska and I believe the SOL is 4 years. They show in one of the exhibits the account and a LC/LP of 01/19/11. I'm not sure what LC/LP means but 2011 would make this over 5 years old... Should I file a motion to dismiss or answer the complaint denying the allegations?
  24. Hi, I'm desperately in need of some help. I received a civil complaint from Portfolio Recovery Associates saying that they are suing me for a debt i owe from a credit card. First of all, I don't remember receiving anything from them regarding my account or them saying that they are even valid and that I should pay them. From looking online, I see that they aren't exactly the most professional business, so I was wondering if I might be able to get some advice on what I should do and how to deal with them. I am definitely going to dispute the debt and ask for them to show me the evidence through my answer to the court. Currently, I'm looking for a lawyer to get some more advice as I'm not too knowledgeable about how all of this works, but even if I can't get one to represent me, I'm going to fight it. For their exhibit (evidence), all they sent me was a statement from my credit card (the statement is from citibank, not even them) from August 2014, and a bill of sale/assignment from citibank dated march of 2015. I can't say for sure if I saw the first statement, but I've definitely never seen the Bill of sale and assignment. Thank you in advance for your insight.
  25. I live in GA and am being sued by my homeowner's association for unpaid dues in the amount of $3800 which includes court costs, interest and legal fees. I was laid off for 3 1/2 years which caused me to get behind. My court date is at the end of this month. I actually owe $2958 and am willing to try to work out arrangements to pay the $2958 before the court date to avoid going to court. I was wondering if I should contact the attorney's office and offer to make a payment (I could give them at least $1500 now) and see if they'd be willing to settle the debt for the $2958 (I could give them the rest over the next 30 days), what exactly should I say when I call, and if they agree, what should I have them provide me with to show that we worked out a settlement arrangement, and when I make my last payment what I should have them submit to me or any other parties to show that I paid the debt?