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  1. 1. Who is the named plaintiff in the suit? Citibank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Silverman & Borenstein 3. How much are you being sued for? ~ 6k 4. Who is the original creditor? (if not the Plaintiff) OC 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) Personally 7. Was the service legal as required by your state? Yes 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? Received dunning letter; timely sent validation letter; received a response giving me the name and address of the creditor. 9. What state and county do you live in? colorado . La Plata 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never - but attached statement has a date within SOL 11. What is the SOL on the debt? To find out: - It's within SOL Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served about 10 days ago. There isn't a case file yet, but clerk said they usually file electronically a few days before the response date (June 10). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I recently sent a dispute to Equifax. Still waiting to get Trans and Exp via mail. 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 and they responded with the name and address of the creditor. 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 file by June 10. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 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 an affidavit and a statement. The affidavit looks to be robo signed. Should I attach a redacted version?
  2. Hi there. I'm being sued by Unifund LLC, and they are represented by Daniel Gordon here in Oregon. I filled in the following questions: 1. Who is the named plaintiff in the suit?: Unifund, llc. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) : Daniel N Gordon, Eugene, OR 3. How much are you being sued for? : $11xxx.00 plus interest 4. Who is the original creditor? (if not the Plaintiff) : Citibank 5. How do you know you are being sued? (You were served, right?) : I was served. 6. How were you served? (Mail, In person, Notice on door) In person (my husband) 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? : Only letters from them - I never replied. 9. What state and county do you live in?: Oregon, Multnomah 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations): 2009 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B)looking it up online (many states have this information posted - when you find the online court site, search by case number or your name): Plaintiff and I have both been sent a list of arbitrators. Mandatory arbitration in Oregon for money suits under 50,000. I still have to send my list in with names crossed off. 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 answered the summons on time. And I received the questionnaire - also answered. I just returned the Requests for Admission also. They are claiming breach of contract. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.: Affidavit from a Citbank employee, Bill of Sale and Assignment, two credit card statements. I am at the point where I need to send my own interrogatories. I was doing ok unitl I realized that arbitration wasn't exactly mediation and that it might be worse than court. Now I'm freaking out. Daniel Gordon wins most, 90%, of his cases because he gets default judgments. I don't know what happens with the other 10% but I'd prefer to be one of them. Thanks!
  3. So I come home yesterday to find a large ziplock baggie duct taped to my front door. For all to see, there is Motion for Substitute Service. The Plaintiff being Cach,LLC represented by attorney Michael J. Scott. Apparently they felt it necessary to have motion granted to have the papers taped to my door due to previous failed attempts to serve me. This is new to me as I have never heard of either one of these parties before yesterday.nor have I heard FROM them before yesterday. The next page is the Civil Citation dated back on April 3, 2013 which states that I defaulted on a credit account in the amount of $4,049.49. I have til 10:00 am on the Monday next after the expiration of 10 days from the date of service to appear and file a WRITTEN ANSWER. What's interesting is that this citation still has the officer's return still attached. When I checked the county website it shows unserved for the original date of April 3, 2013. Then it shows the new date of August 15, 2013 where they filed to have the papers taped to my door. The next set of papers are the Plaintiff's Original Petition in which Cach,LLC intends to conduct a discovery, seek to recover damages and try to prove that I owned a CITICORP TRUST BANK account with account numbers ending in 0694 which has a balance of $4,049.94 and accrued interest of $1,071.47 which continues to accrue at the rate of 28.0%. They seek damages of $5,121.41 plus more interest. (I kinda find that odd...didn't they already include interest and are just tacking on more interest for the heck of it?) Then finally comes the REQUEST FOR ADMISSIONS. Now the meat of it...........I don't have or have had an account with Citicorp!!!!!! I even checked all 3 credit bureaus and there is nothing listed on my credit report for Citicorp or Citibank...I got nothing. I have not received any correspondence from CACH either.I have not had any credit card statements from Citicorp, nor have I received any proof of this debt from CACH or MIchael Scott. I'm completely freaked out. Any help or advice would be an answered prayer. This has been the worst year for me.
  4. BEWARE - Even with crappy lawyers, they're still getting better! My civil hearing was today. As the title states, I lost. I was unrepresented, as I could not afford a lawyer. Asset hired a local lawyer who was not well prepared. When the magistrate asked questions, she would say she did not know or did not have the requested information. She had obviously not studied the papers she did have because she was just as confused as I was AND didn't even realize there were 2 separate bills of sale until I started to question ownership. She started off by showing me a copy of a Dell/Citibank (OC) cardholder agreement that had no personal information on it. She then handed me 3 pages for a "bill of sale." All 3 pages looked exactly the same and were pretty generic. Somebody from Dell made a general statement saying they have access to accounts and have knowledge of the process of selling accounts and somebody from "WEBANK" (never heard of them) basically said the same thing. I did not see my account number anywhere. Believe me - I read and re-read everything! Also, it turned out there were actually 4 pages and at first, she told the magistrate she didn't have the missing page so I almost got her on that, BUT she decided to go through her folder again and after taking another look, she found it. Without it, she would not have been able to prove that Asset bought it from WEBANK & therefore, Asset would have had no standing to sue. Additionally, the lawyer showed me account records that belonged to Dell, which showed the original sale, all my payments, and late fees, and also showed that Dell charged-off the account in May 2011. I tried to get out of that by saying those are Dell's records and that somebody can't just take somebody else's records, put them in a file, and say "hey, those are my records." However, the magistrate ruled that it was admissible evidence. I was sworn in and the lawyer asked me many stupid questions that naturally, 5 years later, I don't remember the answers to most of. She wanted to know when I bought the stuff, when I received it, when I made the last payment, and also if it was one purchase or multiple and whether I still had the said items in my possession or had I surrendered them to Dell. The magistrate verified my previous addresses for the past 5 years as well. The magistrate asked if I had anything to add and I pointed out that my signature was nowhere to be found (I know it's electronic but hoped to catch them off-guard) and my account number was nowhere on the "bills of sale" either and that the said "bills of sale" did not state they had direct knowledge of MY particular account. The lawyer pretty much said it would be inconvenient to get a list of account numbers because they buy them in bulk and every other account number except mine would have to be redacted. (Yes, I know & that's why I tried that tactic.) On all points, he sided with her. By this time, I knew my chances of coming out on top were slim. Then, he surprised both of us by asking how long it had been since I got my drivers license. I wasn't sure what relevance that had but replied that I do not have one. He asked when the last time I did have one was. Never. Never had one. He just looked over at the lawyer, who said "I'm not sure what you're implying sir." He told her that if I didn't have a license then I couldn't have made the original agreement with Dell. I wish there would have been somebody else there to see how quickly she leapt from her chair, approached the bench, and started frantically searching for the license number on the documents she had presented to him. I thought maybe this would be my saving grace....until she said "if they don't have a license, sometimes a Photo ID can be used." Pop! My bubble was burst. Yes, I have one and yes, it was valid then and is valid now. That was that. I gave it my best shot but was soooo upset when I walked out. I will soon be receiving papers in regards to the over-$3k judgment plus court costs. In those papers will be instructions on how to appeal but I'm not sure it's even worth it. I can't hire a lawyer and don't want to hire one now, lose again, and lose even more money. I just don't understand how Asset can do this and how courts can rule in THEIR favor.
  5. Hi - I know I'm supposed to keep my posts within the same topic, but I really want some feedback as my deadline is fast approaching for a few things - opposition to MSJ, etc, and I think my thread will get buried today. I finally got around to checking my credit report last night and the account I'm being sued for is not on any of the three CRA reports. Not in its original form, and not as an account owned by the JDB. It's just . . . not there. Is that normal for something in litigation? I saw that credit reports are considered hearsay, and I wasn't sure if I would be trying to use it for any part of my opposition anyway, but is it evidence of something being amiss? There are inquiries on it from the JDB and from their attorney, from last year. Thanks.
  6. Hi there. I have lurked on debt forums for a few years now and am only just now posting. I successfully settled $100,000 worth of credit cards with Chase, Bank of America, and US Bank, all of whom settled for about 25-30% of the debt. In retrospect it seems almost painless. My husband had lost all of his work as a contractor after the housing bubble and we lived off credit cards for 6 months. That's all it took to get completely underwater and we couldn't recover. A wonderful friend loaned us some cash so we could settle instead of declaring bankruptcy. So, Citibank, the only one left, would never accept my offers. I believe the balance was about $9700 when I stopped paying in 2009 (maybe 2010 - SOL in Oregon is 6 years so it doesn're really matter). They sold the debt to some middleman, who sold it to Unifund, and I have been ignoring them for 3 years. I finally got served in April, by debt collecting attorney Daniel Gordon in Eugene - he's famous! He even made the cover of the Willamette Week here in Portland for successfully ruining thousands of lives. According to Mr Gordon and Unifund, I owe them about $15,000 - $11,770 from the original debt plus 9% interest. I answered the summons, answered all of the initial questions, and indicated that I was representing myself. I haven't talked to an attorney yet. I received a Request for Admission which I answered last week, within the time frame allowed. I answered all of the questions truthfully, as it seems is recommended. The questions I answered by indicating that I "lacked the information to affirm or deny" were all the questions about receiving every bill, the ones about the chain of custody of the debt, the actual amount of the debt, the breaching of the contract, etc. I added only the briefest explanations to those answers. Apparently there is mandatory arbitration for these kinds of lawsuits here in Oregon (or Multnomah County) - under a certain amount, and financial in nature. I was sent a list of attorneys and told to cross off two names (I looked them all up - definitely crossed off the guy who ONLY does arbitration and no other legal services). So, I know I can read through the many posts about arbitration and get some advice, but I guess what I really want to know is if I can actually do this without a lawyer. I had a panic attack today after reading about how arbitration usually ends up favoring the plaintiff in credit debt lawsuits. I planned to start preparing my discovery for documents, to be ready for what comes, but now I'm just plain scared. My defense at this point is that I had a credit card account with Citibank at one point that I stopped paying, but that I am not convinced that I owe Unifund $15,000, and that I hope I can convince an arbitrator of the same. Thanks!
  7. Johnson v Law Offices of Farrell & Seldin et al in the US District Court, District of New Mexico. "The Defendants have filed their motions to dismiss without bothering to set out the factual allegations in the Amended Complaint that relate to each claim for which they seek dismissal. As the moving party asserting an affirmative defense, the Defendants bear the initial burden of demonstrating that they are entitled to dismissal because “the specific allegations in the complaint [do not] plausibly support a legal claim for relief.” Alvarado v. KOB-TV, L.L.C., 493 F.3d 1210, 1215 n. 2 (10th Cir. 2007). Here, the Defendants draw legal conclusions without referring to the specific allegations in Johnson’s Amended Complaint that support his claims for relief, causing the Court to have to do their work for them." That was just a footnote. The judge was pissed off and handed them a 23 page smackdown over a simple MTD. Judicial notice has also been taken of how Citibank produces its affidavits, and in a federal court to boot! "Johnson attached an affidavit and several exhibits to his Amended Complaint, including the letters he received from Citibank, its Attorneys, and the UCB; letters and some filings from the state-court collection action; and copies of entries from Shayna Gier’s personal blog in which she documents her activities as Citicorp’s employee. See Am. Compl., Exs. A-I. Johnson’s affidavit states that his research of the state-district court’s database shows that the four attorneys licensed in New Mexico who work for Farrell & Sheldin filed over 3000 collection cases in the three-month period of February 1, 2011-May 2, 2011, which he contends shows that the Attorneys could not have diligently reviewed the information it used to prosecute Citibank’s collection efforts against him. See Affidavit at 3-4. His exhibits demonstrate that he asked Citibank to admit that Shayna Gier had a quota to meet in preparing affidavits for collection purposes. See Am. Compl., Doc. 1-2 at 6-7. Ms. Gier’s October 2009 blog discussed how Citicorp required her to meet a daily quota in “verifying as many affidavits as I possibly could,” and that when she did not make the quota, she was placed on an “overtime freeze.” Id. Doc. 1-3 at 5. She stated that she had prepared “close to the highest number of affidavits” but that she still had not been able to meet the quota. Id. Her November 4, 2009 blog stated that the quota was 37 affidavits per hour, but she had been able to prepare only “30 per hour.” Id. at 12. She stated that her failure to “mak[e] goal” also meant that she “gets no raise next year,” and that she earned less that “9 dollars an hour.”" As a side note: The judge did dismiss one of defendant's claims against Farrell & Seldin. She said defendant could recover emotional distress damages under the NM Unfair Trade Practices Act or the FDCPA, and that the tort of IIED was simply redundant. The IIED claim against Citibank stands, and defendant has a doctor, medical records and prescriptions to back it up.
  8. I am having the exact issue with the same law firm: Received a Notice of Claim/Summons on Saturday 2/23/2013 stating, The said plaintiff complains and says: That the defendant is indebted to the plaintiff for reasons stated herein for unpaid balance due. (Plaintiff being Midland Funding LLC as assignee of Citibank). and asks for judgement $$. I received via regular mail and the service requested was personal. (Not sure if this matters). Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt. Affidavit of debt reads as follows: (Also not notorized). I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf. 1. Defendant has an account balance of $$, which is owed to Plaintiff on account ####. a. The type of account is a credit card (Issuing company: CitiBank) 2. The plaintiff has obtained this debt from CitiBank (South Dakota). 3. The account balance includes MCM's records that there are no late fees after 2/20/09 ------ The summons was issued 2/11/2013 The first letter I received from this law firm was dated 1/24/2013. Due to a recent move, I didn't receive this letter until 2/4/2013. Affidavit dated 1/5/2013 The amount is just under $1000.00 I could pay it off and just settle but I'm not sure I should. First of all, I can't even find a CitiCard listed on my credit report or the original account number. All I find is MCM. I had not had a chance to send a letter of verification prior to the summons. Which, it doesn't look as though they waited 30days anyway! Now what?? I've read some horrible things about this law firm and Midland and not sure I should give them any money. I don't know if a DV is worth my time at this point. Court is scheduled 3/21/2013. Also, If I settle, will it still be filed as a public record on my report? Or should I dispute? Also should I dispute MCM records on my credit report since there is no report for this account # originally?? 1. Who is the named plaintiff in the suit? Midland assignee of Citibank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Bowman, Heintz & Vician 3. How much are you being sued for? Just under $1000 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Summons/claim via US mail 6. How were you served? (Mail, In person, Notice on door) Mail 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? Yes, a very general letter with no $$ amount or acct information dated 1/24/13 9. What state and county do you live in? Indiana (marion county) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/27/2007 11. What is the SOL on the debt? To find out: 6 yrs 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no, the original creditor doesn't appear on any of my credit reports. 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 was given a court date only. 3/21/2013. Indiana law says you can counter the suit, but there is no requirement to answer... Not sure what the next step is. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Just the prior mentioned affidavit. Questions... I've been reading threads all day and have found some great information and valuable knowledge. I've also looked into Indiana Civil Procedure. The court says I don't need to answer the summons, just come to court. I feel as though I need to answer, and from looking at Indiana law, I think that is allowable. I'm having a hard time figuring out all the legal jargon. Furthermore, if I answer, do I need to back up the answer with documentation, counterclaims, etc. The threads begin to counter one another on the topic of what to do first. I don't want to shuffle things around and leave the burden of proof on myself!! I want to get this process rolling ASAP as I will be starting on a few more cases BEFORE suit is filed. Most of the cases are very close to the SOL since they were originally the responsibility of my ex-husband (in divorce decree), who recently filed bankruptcy. Thus, I am now just beginning the battle. Thanks for all the great information on this forum. Any further help would be greatly appreciated!!
  9. So I pulled up a free credit report today and found that a company named Unifund has done a hard pull on my credit history, and I have a negative item from a company called Asset Aquisitions. I found the contact number for Unifund, told them what I just wrote, and they referred me to Lang, Richert & Patch the lawfirm representing them. I called the firm, told them the same, and spoke with a woman named Lydia. She let me know that her firm represents Unifund, that they want to collect on a citibank mastercard credit card I had in 2007, the last payment of which was made in january 2010. She stated they have sent me a letter giving me the opportunity to dispute the validity (which I never received) and have attempted to serve me (I have yet to be served). She told me the total amount on the card was 4000, that unifund wants 6000, and they would consider setlling for 4900. She also said I could make a payment plan with them to settle the debt, but I woudl incur court fees and other expenses. I told Lydia I needed some time to figure all of this out, and she said I have about 2 weeks to get back to her if I would like to settle. About me, I'm in my last year of college, and live off of grant money and student loans. I work as an unpaid intern in a lab, and go to school full time. Needless to say, I do not have 5000 to pay for a settlement. The card was opened by my father in my name, but was used by my father. While I understand this wasnt a smart decision, as my parents were going through tough times and needed the extra assistance. I was happy to help them and be there for them. My father has since gone through bankruptcy and I assume he thought this card would be wrapped up in that bankruptcy. Obviously this wasnt the case. Both my father and I live and work in california, the card was made and maintained in the same state, and the lawfirm is also in california. I have several questions, the first being, is too late to dispute the validity of the debt? Also, as the SOL for the debt has yet to be reached, do I have any chance of negotiating them to a lower settlement? What steps if any can I take to defend myself if/when I am served and this case goes to court. Finally what should I be doing? Any help or advice is greatly appreciated!
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