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Found 87 results

  1. I recently received a letter from Phoenix Financial Services notifying me on their intent to collect on some old medical debt. The accounts were previously handled by a different collections agency, and I noticed that out of the blue the accounts dropped from my credit report I check weekly. I also noticed that my FICO score provided by my Discover card went up 90+ points after the collections fell off my report. The date of service for each of the debts listed in the letter range from 05/20/2011 to 07/08/2011. I live in the state of Florida and here the statute of limitations is either 4 or 5 years (through my research I've encountered both numbers). According to the letter, I have 30 days to request a validation of the debt in writing. My question is regarding the statute of limitations. What date is used determine the age of the debt for the purposes of qualifying whether it is in or outside of the statute of limitations. I know I have at least another 2 years for this debt to fall off from my credit report on its own, however, within that time frame I would like to have my credit be as polished as possible. I would be open to negotiating with the new agency before they report to the CRAs, but I would like to see where I stand on the statute of limitations issue for the purposes of bargaining power. Thank you in advance for your help.
  2. needing help with my moms judgement .............i followed steps provided on one of the forums but unfortunately i didnt notice the forums was a few years old that i had studied and with the information i was provided i shared in court and portfolio had an answer and the judgement was against my mother based on my lack of providing evidence or information for the judge to move in her favor.................... with that being said are there any forums already posted that address someone filing an appeal or anything related that i could study that would help build a stronger case against portfolio ............................... thanks in advance
  3. 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.
  4. Greetings. My circumstances are debt related; Credit Card and outstanding Debit Debts. Thank you in advance for your time. 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.) Machol & Johannes LLC 3. How much are you being sued for? Around $2k Plus Court Fees 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo & Company 5. How do you know you are being sued? (You were served, right?) Earlier this month (February) sometime during the second week I was given a piece of mail that contained the above information. Earlier today I was told someone was looking for me in attempt to serve; they were not successful. My mailing address and my living address are different; I receive mail in a delayed fashion. The piece of mail was "Order to Issue Notice to Show Cause", issued by the County Court. The individual to serve left a note and did not serve the papers to those who addressed them. 6. How were you served? (Mail, In person, Notice on door) An individual is seeking me to serve; according to the below information I may not have been served. 7. Was the service legal as required by your state? According to the webpage below; a resident of Colorado one cannot be served by mail. I only have a note. More information needed. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. I received but never replied to mail(s). 9. What state and county do you live in? Colorado; neglecting County until confirmed relevant to circumstances. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. What is the SOL on the debt? 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). "Order to Issue Notice to Show Cause" or "Notice to Show Cause Regarding Revivor of Judgement" Assuming the mail reflects the status of the case. Seeking to become more informed on this scenario. 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? Not sure when those trying to serve me will act on the County Sheriffs Department. Attempting to become more informed on the scenario before taking action myself. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I've been receiving mail from Portfolio Recovery Associates LLC for years. It's always proposed as some form of legal document; with various forms of deals to settle the debt. Never replied. Receive mail delayed; sometimes months varying relevance; but with every document the deal gets better. The amount owed in the "Order to Issue Notice to Show Clause" (Mail/Letter) is a medium of all the offers; being as familiar as the other mail, I added it to the top of the pile. I don't keep all the mail; a small percentage of them. @shellieh98 Answered a similarly structured topic from the same State. Don't believe I'm eligible for JAMS. Thread link below: My conditions are different. To be blunt: I'm an artist. Have no money; what very little money I do have isn't in a bank. I haven't been employed by any company that uses paperwork for over 4-5 years, I haven't received any food assistance for about 4-5 years, I've never received any form of unemployment or financial aid, and the last bank account I had was with Wells Fargo. For the last 3 years; I've practiced in keeping a very low profile, leaving little to no paper trail; online or physically. As far as the world knows I'm likely homeless, penniless, and many until earlier this year believed I was deceased. I'm totally indifferent about my credit. Let's admit: Not everyone works this way, not everyone can. I often find people terrified by these scenarios; but I survive and am only lightly concerned at the moment. I have a cellphone, roof over my head, unrestricted access to the internet, a full belly, and what other medium class United States citizens have. I even voted. I'd like to understand my options in this scenario before acting. I could use a legal pointer or two; lets assume I'm expecting to take losses. Found the best information detailing the topic on this very well structured website, with the forum and comprehensive replies. Considering this "Ground Zero" and will remain active on the topic. I'm open to answering further questions and participating as necessary. Thank you very much for whatever information can be provided.
  5. I have a debt over $30K that has been charged off. There is a law firm that is handling the collections efforts. They won a judgement. My credit report only lists the original creditor. No income to repay, but don't want to file for bankruptcy. If I write a letter to the original creditor to forgive the debt, can it be done? How do I know if they still own the debt?
  6. The original creditor was a pathology lab co. my doctor used. Original date of service: 4/7/2013. First Financial Investment Fund V, LLC purchased this delinquent account & referred it to Stoneleigh Recovery Associates who sent me a letter saying I owed them the bill, that I can dispute it and goes on to say I cannot be sued because of the age of the debt. But, the current creditor can report it to the CRA’s. Stoneleigh has already looked at my CR. I contacted the Indiana BBB to file a complaint against the lab hoping to get it back into their hands. (How can it be delinquent if I had never received a bill? But oh, what I now know!) The lab’s lawyer said their in-house billing researched the claim & had billed me in the months of April, May, and June of 2013. This is not true because 3 bills would not have slipped by me. Also, I received an invoice from them in 2012 & paid in full. He further stated I have to go thru Stoneleigh. They also have not billed me for work in 2014 & feel this agency is sitting on that one. From several websites I have found different SOL’s from 3 to 10 years here in LA. I am assuming this is a written contract thru my doctor. I have filed a complaint with our State AG & he is sending them a letter. But, I requested it to be sent to the lab & will now ask them to send it to Stoneleigh also. My insurance co. is also contacting them. I am hoping I don’t have to pay this at all now because I am so angry. I had no idea & am appalled that one does not have to receive a bill to owe money in this great country...I will be contacting/lobbying congress to stop this absurdity. Any advice would be most appreciative. Thank you.
  7. Hello people from this forum, I have a low amount debt with AMEX ($700) and will not be able to pay for the first time in about 10 years, and probably will not be able to pay a single dollar in the next 2 or 3 years. My wish would be that this debt is kept, with interest adding up, until I can get access to dollars again, so that I don´t loose the amex card, but I know it´s an impossible dream. I will have trouble. I live outside the U. S,A. but the AMEX is from an american bank, I used to pay every month directly from a bank account but this account has been closed and foreign currency (dollars) in my country are really, really hard to get and very expensive. What will happen to me? What should I do? Thank you very much, and forgive my bad english.
  8. 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.
  9. I have a question about Missouri's somewhat confusing statutes of limitations on the collection of credit card debt. RSMo 516.110 states: Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property; While RSMo 516.120 states: Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited; My question: which SOL applies to credit card debt? I requested proof of debt and received a copy of my original credit card application (no copy of a written contract from what I can see), but it appears my last payment was more than five years ago. Do the courts generally apply 516.110 or 516.120 to credit card debt in Missouri, and which would apply in my case if there is no written contract produced? Just wondering if litigation filed against me this week may be time barred or not. I'm planning to answer and include discovery requests with the answer requesting copies of all agreements, contracts, etc., and also a record of all payments, including the last payment made to the account. Thanks for your time. It seems confusing to me.
  10. Hi there, thank you for taking the time to check this out, Last week I received a 'summons' from Midland Funding LLC by a courier for a debt they say I owe them. Just today they sent another copy of the 'summons' in a letter that came through the mail (USPS). After quite a few Google searches which linked me to a lot of posts on this forum I decided to start my own thread since I believe my issue may be a bit different than the others I've read through. If it isn't something totally 'new', I apologize but I could use help still! Some more of the story: Last week (April 7th) a courier delivered a few documents stapled together (not in an envelope) to my father and after looking through it, it appears to me to be a fake summons. My father told the courier that I was here but that I was sleeping and accepted it himself. I'm not sure if it matters, but my father and I share the same name, is that something I can use in my favor? After looking things up, it seems that that may have been a big no no for them to give the document to anyone but me, or am I mistaken? I also say 'fake summons' because after checking ( https://www.law.cornell.edu/rules/frcp/rule_4 ) I noticed a few things missing on the 'summons'. There are no signatures anywhere except Midland's attorney, nor do I see a court seal. It also doesn't state the time I must defend myself, so there are at least 3 things missing that supposedly MUST be on it. After some more researching, I've realized that this may just be them showing me their intent if I do not follow their 'plan'. It also seems more like a bully tactic to scare me into calling them, confessing all of my sins while they record it to use it as evidence to collect on this figure they've come up with which is larger than the limit on any card I've had. So now, I guess what I'm asking is what should I do next? So far, I haven't done anything. I've read through these documents and quite a few similar issues on here, and now I'm here looking for help! The documents say I have 20 days to respond (so, from April 7th, which would give me until the 27th, 11 days from today) if it IS legit. Should I try to get free legal help? I cannot really afford an attorney let alone the debt Midland says I owe them, but I've heard Minnesota courts are some of the worst for the consumer (IE: me!) in the country. I don't want to have the deck stacked against me when I'm trying to get my life back in gear. I'll save the full sob story, but I've dealt with addiction and I'm starting up school this fall and this issue is really distracting me from continuing on with the next stage in life. I really hope this isn't as big of an issue as my mind is making it, but trying to stay positive is getting very difficult. Anyway, any help at all would be greatly appreciated! If there's anything I've left out that could be of help, please let me know so I can provide it. Thank you again for taking the time to read this, Jeff -
  11. I'm posting this on behalf of my girlfriend who is waaay too trustworthy to random people on the phone that "sound nice". She has about 20k worth of credit card debt. She is considering filing for chapter 7. In the meantime, she got a letter in the mail the other day that said how much debt she has and how they can knock off 70% of that debt and have her only paying around 6K by the end of it all. She received a free consultation and this guy basically said that if she pays them $329 a month for 22 months, she will be debt free at the end of the 22 months. The company's name is US Enrollment Group. This is what they offered/guaranteed her: No 3rd party fees1 Payment per monthAvoid constly debt manaagment programsImmediate reduction of payments up to 70%Credit is restored by avoiding bankruptcyStop cals from creditors and collectorsThe company is NOT accredited by the Better Business Bureau. They are accredited by the Nationwide Business Bureau, but I don't know how reliable they are. I call the guy she talked to and asked him straight up, "By paying this $329 a month will she be debt free after 22 months?" He replied with a simple, "Yes." I looked up the company at usenrollmentgroup.com and read their pitch and I would greatly appreciate someone who has better knowledge of this helping me out. It seems too good to be true to me and I don't want my girlfriend getting scammed. Any information would be awesome. Thank you.
  12. I haven't seen this covered so I am going to start this new thread.... My daughter-in-law has an account that was opened with her parents when she was 16. Since she was a minor the bank required her parents to be on the account...that was @ 10 years ago. Her divorced parent's names are still on the account. Fast forward to last week, my DIL was paid and attempted to pay some of her bills and found that about 30% of the account had an "administrative freeze" put on it. The bank couldn't tell her what it was til the next day...then they told her it was someone collecting money from her mother. The mother told her it was Dish because she didn't return some equipment. The parent's have not deposited any money whatsoever in the account for at least 6 years....just my DIL's paychecks have gone into the account. Saturday, the DIL gets a letter from the bank with a copy of a Garnishment order for the mom from CAP1. The case was in a county where the DIL has never lived and the mom swears she never was served and that she never had a credit card. (I doubt the veracity of both statements). The garnishment order is for over $2500 and the bank added $125 to honor the order. So, where do we go from here?
  13. Hello everyone and thank you in advance for your time, I am currently being sued by LVNV FUNDING LLC in Oklahoma County Oklahoma. 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? Machol & Johannes LLC Attorneys at Law Denver, Co (they are licensed in OK) 3. How much are you being sued for? $1,052.76 4. Who is the original creditor? Credit One Bank, N.A. 5. How do you know you are being sued? Personally served 6. How were you served? 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? Oklahoma, Oklahoma 10. When is the last time you paid on this account? Don't know 11. What is the SOL on the debt? 5 years (it is within SOL) 12. What is the status of your case? 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 from December 30th 2015 (January 19th 2016) 16. What evidence did they send with the summons? I was served a summons and petition Along with the Firms contact number with a EZ settlement agreement. The following is the petition: COMES NOW, the Plaintiff, by and through its attorneys of record, MACHOL & JOHANNES, LLC, and for its cause of action against the Defendant alleges and states as follows: The Plaintiff is a duly organized and existing corporation, which transacts business within the State of Oklahoma. This Court has jurisdiction over the parties and subject matter, and venue is appropriate in this county. For valuable consideration received , the Plaintiff 's assignor, Credit One Bank, N.A., and Defendant entered into an agreement, wherein the Plain tiff 's assignor, Credit One.. Bank, N.A., agreed to extend credi t to the Defendant under credit card account number ***""'' ******33570 and the Defendant agreed to make payments to the Plaintiff's assignor, Credit One Bank, N.A., in accordance with the terms and conditions of the agreement. The Defendant has failed and/or refused to make payments to the Plaintiff s assignor, Credit One Bank, N.A., as required by the terms and conditions of the agreement , and is now in default. The Defendant is indebted to the Plaintiff in the amount of $1,052.76. The Plaintiff is the assignee of, and successor in interest in and to the debt originally owned by Credit One Bank, N.A.. The Plaintiff holds all title and interest in and to said debt, including, but not limited to, the right to pursue legal action to collect the same. WHEREFORE , the Plaintiff prays that judgment be entered against the Defendant in the amount of $1,052.76, court costs, attorney's fees, post judgment interest, and any other relief this Court deems just and proper. I am thinking that I can add to my answer that they are in fact in violation of 15 U.S. Code § 1692g (d) - Validation of debts because they have never contacted me about this debt before. Which if they are in violation of (d) then they would subsequently be in violation of 15 U.S. Code § 1692g - Validation of debts as a whole. Any help with this and how to word my answer would be very kind.
  14. Good Evening everyone! I am new here, have read some of the threads and plan to be here for a good while just to educate myself if nothing else. I received paperwork in the mail today noting my Bank in the upper left hand corner with Capital One Bank vs. Myself. The Collection Agency(WWR) sent the original Subpoena for the Production of Documents to My Bank. The Date for court is Dec 30, 2015. My question is, I know this is for my bank and maybe a lawyer for the bank will be there to represent and submit all information regarding bank account but what should I be doing? I owe them $2531.00. If they would like, my bank has an option of emailing the documents instead. I am not sure of this whole process. I had been making payments for a while until a lost my job then I did not inform them, just felt I would pay when I got a new job. Can you tell me what I should be doing at this point? Is this a long process where I have time to pay it? Even worse, will this go on my credit report??? I am worried since I have been working on it for some time now. Please help, all responses appreciated.
  15. http://money.cnn.com/2015/10/21/news/aclu-biloxi-debtors-prison/index.html?iid=hp-grid-dom This is an outrage!!
  16. Hello everybody, I was served 6/21/2015 and had 14 days to reply to the lawsuit. My answer is due 7/6/2015. I currently have consulted with two attorneys near my area, and they both told me that it would be pointless to hire them because of their high legal fees(fees=2000, amount being sued for =2300) therefore they told me it was best to try to settle with the collection agency. I have tried calling the collection agency but since i currently just graduated college, i dont have the current high amount of money they are trying to get me to pay. So I'm going to try and mediate with them by answering their lawsuit. However I've been reading up on how to properly do this and mostly everything I come across says that everybody does it wrong and just ends in default. I was wondering if anybody would guide me in the right parts to trying to negotiate or trying to get this dismissed. Any help would gladly be appreciated. 1. Who is the named plaintiff in the suit? Barclays Bank Delaware 2. What is the name of the law firm handling the suit? Scott, Parnell & Associates 3. How much are you being sued for? 2220.18 4. Who is the original creditor? (if not the Plaintiff) Apple 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) Person by a Sherrif Deputy 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Tried to settle before they sued, however would always get a voicemail 9. What state and county do you live in? Hidalgo, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jan 2014 11. What is the SOL on the debt? 4 years 12. What is the status of your case? To answer to the suit 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 14 days from 6/21/2015 We need to know what the "charges" are. Please post what they are claiming. "Plaintiff's claims are for Breach of Contract, Account Stated and/or Open Account" Did you receive an interrogatory (questionnaire) regarding suit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None
  17. Hi all First post, so take it easy on me I completed my chapter 13 bankruptcy in January of 2014. It only took me a couple years to complete. Most of the debt was from payday loans that I just could not catch up on. Chapter 13 was a good solution to help me organize my debt, and pay off in full without trying to manage multiple creditors. I filed in 2012. Long story short, recently I was denied credit because of a judgement on my credit report. Upon further review I found 2 judgements from 2010, prior to my bankruptcy. One of the judgements reflects that it is satisfied, and indeed that creditor was included in my bankruptcy payments. Another, is still showing outstanding from 2010. When I look at my BK ledger, I do not see the creditor in the judgement included. I am not sure if the debt was sold off and another creditor was included in the BK. When my BK lawyer reached out to my creditors during the filing, many did not repsond. This is why it took only a couple years to pay off all my debt. My question is - How do I go about having this judgement removed? Is there any legal right since it was prior to my filing and completion of Chapter 13? And since I do not see them on my ledger, is it riskier to call the creditor and ask for it to be satisfied, or do I just hold out for 2 more years and let it fall off? Any advice is appreciated. Thank you all!
  18. I was called the other day by a supposed private investigator named Christopher Marlynn who said he had papers to serve me for a defaulted pay day loan from 2012. This could be true but at the beginning of this year I paid off everything that was on my credit report minus my school loans. But anyways he called first saying he was an investigator with the Sheriffs department and that he had papers to serve me regarding money I owed on a payday loan. I told him I didn't know what he was talking about because I paid everything off the beginning of this year and he said so your denying this? I told him that if I owe money I owe it so he instead gave me a number for the law firm that was handling the case because he said it was only over a couple of hundred dollars and he had bigger fish to fry and he would give me until the next day to handle it with them or he would serve me at my residence. So I called a company that was called First Financial Group. Which I thought was weird because that didn't sound like a title of a law firm but instead for a bank or collections agency maybe. So I called and it was answered by a man named david allen. He was the supposed attorney. He told me that I owed money for taking out a payday loan with some California Advance location on Westminster blvd in 2012. I told him I don't remember doing that but I could of. He told me that he was being used by the collections agency because I told him I refused to pay which is not true anytime I have a collections agency call I ask them to send me something in the mail or email me regarding what it is about but would not pay until I receive it. I had someone call me 3 weeks prior from a collections agency before this happened. So he told me though because he had already been hired and the company paid him $500 already to take care of this the bill was $856.00 but he would refund them $250 because we wouldn't go to court and said I only had to pay $536.31 if I settled with him. I told him let me think about it. I then tried to call back the investigator and it went to dispatch for the Stanton sheriffs department and I asked to speak to investigator Marlynn and they said there was no one there named that and I told them the just of what happened and they told me it was a scam. So I left it alone until the next day and called the investigation dept for the Stanton Sheriffs dept and spoke to a lady named susan and she had no idea who that investigator was and said it was a scam. She took down my info and told me she would check into everything for me. So I then called the company first financial group back and david allen then answered and I don't know what attorney answers his own office phone but I told him what I was told that it was a scam and he then freaked out on the phone saying it is not a scam investigator marlynn is a PI and must know people at the sheriffs dept and I told him that I doubt the sheriffs dept would allow anyone to call from there number. I ended up handing up on him later on because he was just yelling and babbling on. I then got a call from an unknown number and checked the voicemail at 1030 am, which was the PI stating he was at my residence with another PI but mumbled his name and no one answered and I needed to stop this willful evasion and I would see him again.I called my sister who was at home and asked if anyone came by and she said no. I then called back the supposed lawyer group and told him he needed to stop this at is has been reported to the sheriffs dept he then came back and said do you think im scared of any law enforcement, give me her number and I will call them right now then when I told him I needed his business location he went on to verbally harass me with "I cant wait to sue you because your a good for nothing on the community and I hope your glad to be such a piece of ****. And I hope you speak this was to investigator Marlynn and just see what happens to you." I then asked him was that a threat? He told me "no I was just saying in general." I told him I don't think any real lawyer would say that to anyone especially over $300 and he told me that he told investigator Marlynn to make it his personal vendetta to find me. I told him im at work so I will be home after 5pm and if he doesn't find me then to send it certified mail because I have no reason not to pay something I owe. He then went on to say that if I deny to pay it becomes a criminal offense of check fraud. but I could of swore that every California pay day loan place I have ever been into has a sticker in there window that states they cannot take you to court over a defaulted payday loan. No one has shown up at my residence to serve me and it has been a few days. I told the investigator at the sheriffs dept and she said that she had called them supposed lawyers number and asked what kind of company they were and he did not answer her just kept on giving here the run around she told me and another colleage agreed it was a scam. I looked up all over the internet for this company and cannot find any lawyers group call First Financial Group or private investigator Christopher Marlynn. Should I just chalk this up to a scam? Please let me know
  19. I recently got served with papers from American Express, telling me I am being sued for a little over $5000. I am in the middle of selling my house and I cannot afford to pay this upfront. However, I can afford to pay it on February 4th, 2016. Should I tell them that or tell them that it may be sooner if my house sells earlier? Will that keep us out of court? Help, please! I am so confused. Information You need to answer this.docx
  20. Hello. I have an old debt with Kay Jewelers (credit card account). November 2014 was contacted about debt (and not knowing what I know now) paid the debt and thought it was over. Never received any confirmation of the debt or that I paid it. The only proof is the amount on my back statement. Fast forward to August, I begin receiving calls about the debt mentioned above from a company called RW Financial. They state that they own the debt and that I must pay, or they will take me to court for the amount. I began by calling Kay and following the companies that bought the debt till I learned that this debt has passed the statute of limitations and that the clock started 7/9/11. How do I get rid of this company and avoid going to court? I would like them to stop harassing me. I found this letter in the information on this site and wondered if it would help to send to RW Financial. "Date Your Name Your Address City, State Zip Collection Agency Collection Agency Address City, State Zip Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: I am continually being called on the telephone by your firm over an alleged (fill in the amount) debt. According to the information given to us by your firm, the date of last activity by the original creditor was (date). The State of Limitations on this alleged debt, even should it be ours, is X years in the state of (your state). Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute: [15 USC 1692e] (2) The false representation of -- (A) the legal status of the alleged debt and ( any services rendered or compensation that may be lawfully received by any debt collector for the collection of a debt. I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and, therefore, you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA, I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me. Sincerely, Your Signature" Thanks for all of your help.
  21. Collection Agency sends letter on small debt but corporation dissolved. The bank account was closed and the corporation was dissolved even before the account was in collection . I am not sure why they show the old corporation and not the new one that the account was under. Its a smaller debt under $350 The sol will run out beginning of 2016 I am more concerned with them reporting it on CR I sent the validation and they responded with statements from the OC but statements covering one year. I doubt they would sue but may report to CA- not sure Should I make an issue of this corporation no longer being in existence- If I can still find a statement with the other corp name what should I do with that?
  22. Hi I'm new here and am at my wits end on what to do. In 2008, I got a $13,000 personal line of credit from Beneficial. I was paying extra every month for insurance in case I was unable to work due to an injury etc. Well, I broke my leg that year, and asked to have the insurance coverage be put into effect. They denied me because I was self employed. Funny thing is, they knew I was self employed when I got the line of credit. I fought it with a lawyer, and they dropped it. Then, on December of 2011, a judgement was entered against me for $14,996.94. I have not been able to make any payments, plus I feel that they are at fault for charging me insurance when they knew damn well I was self employed. I just received by mail in my mailbox, a new court document. It is a "Challenge To Garnishment", and attached is the writ of garnishment that I never received before, and in that writ it states," A judgement was entered against the Debtor for the debt, or the debt otherwise became subject to garnishment, on January 8, 2011." I never got that set of paperwork either. The new requested amount is $42,242.47 The statute of limitations in the state of Oregon is 6 years. We are at 7 right now. What do I do? I am a single mom, full time student living on financial aid with no savings, nothing. I get $150 a month in child support for two teenage girls. Barely scraping by. What can they garnish? I don't have a job! Please help me, I am still going through a nasty divorce, and really don't need anymore court apperances, they are getting in the way of my education. Thank you!
  23. I was served this (Sheriff left the packet by the door and then mailed me one page Summons). The plaintiff is a debt buyer and the attorney is just the owner of one of the owners of the JDB. I would really appreciate it if I can get help regarding answering this Lawsuit. I need to answer it first and then later address the affirmative defenses and possible counterclaims. I don't have anything on account. Not sure even if there are the same last digits of the account that they mentioned so I am not sure of the SOL. Please find below what I received and help me draft an answer. I did have a CITIBANK card a long time ago but it had a limit not even half of the JDB is alleging. This is in Massachusetts and no form required. I have to answer within 20 day. However, I only have about 10 days left for this and would like to be done with it ASAP as I have not have any sleep since I got it last week. xxxxxxxxx is a debt buyer and does not have to be licensed in Massachusetts since a Lawyer is representing them. The Lawyer office is the collection company and in fact he is a member of the company (may be sole owner)/. xxxxxxxxxxx is registered in Massachusetts. Thank you very much for your time and help Complaint: xxxxxxxxxxxxxxx, LLC as Assignee of CITIBANK, complaining of the defendant,XXXX Alleges as follows: 1. Plaintiff is a New Hampshire Limited Liability Corporation having a usual place of business at xxxxxxxxxxxxxxx 2. Defendant is an individual xxxxxxxxxxxxxxxxx Middlesex and the commonwealth of Massachusetts Count I: 3. The defendant entered into a credit card agreement ("agreement") account number xxxxxxxxxxx5400 with plaintiff or its assignee/predecessor 4. Under the terms of the agreement,plaintiff agreed to extend credit in consideration of defendant's promise to pay a specified monthly amount. 5. The defendant failed to make payments as they came due, thus defendant was in default of the agreement. 6. Citibank, NA assigned all of its rights, title and interest in the account to plaintiff. As a result of the above, Defendant is now indebted to plaintiff in the total amount of 12K Count II: 7. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs 1 through 6 inclusive of the complaint as if set forth herein in full 8. CITIBANK, NA, Plaintiff's assignee, conferred a measurable and valuable benefit on Defendant by allowing him/her to use credit card to obtain goods,services and other valuable benefits. 9. A reasonable person in Defendant's position would have expected to compensate CITIBANK,NA for using its credit card to obtain valuable goods and services 10. CITIBANK, NA provided the benefits to Defendant with the reasonable expectation of being paid. 11. To date, Defendant has failed to compensate Plaintiff, or CITIBANK, NA, for the benefits received. As a result of the above, Defendant in indebted to Plaintiff in the total amount of 12K
  24. Hey all. I'm in a bit of a predicament. Let me start from the beginning: My daughter was born last February with an extremely rare skin condition. My mother agreed to help out by taking over my card payments. She didn't and waited until they threatened legal action to tell me. I called them and got the legal action dropped. Lesson learned, but now what? My credit rating is in shambles and I'm going to have to pay a ridiculous monthly payment to get back on track. My balance is almost $3,000 at this point and with a little one with a rare medical condition, I can't afford those kind of payments. So my question is: what's my best course of action that won't cost me an arm and a leg? Personal loan? Balance transfer to another card? I'm sure it'd be difficult to get either at this point, let alone anything that's not going to kill me with interest and fees. I can afford the typical monthly payments, but what they want me to pay now is going to be very, very difficult. I'd love to just nix the card I'm on at this point and start over, honestly. Thanks for your help.
  25. Hello, I got my first credit card in 2012. For the first year I was paying it off just off fine, I was working on building credit. In August 2013 I moved from Nevada to California and lost my job shortly after. So I ended up having to use that credit card until I got a new job a two months later. On top of the credit card I have a card payment(under my moms name) that I had to always pay. Also a student loan that lets me pay very little. With my new job I wasn't making nearly enough to pay for everything. So I had to stop paying my credit card. I've had a rough few years trying to pay for the basics while working a low paying job. I'm finally to the point when I can pay off my old debt. Last year I got two letters from the collection agency that now has my debt. However because of moving a few times I haven't been able to find the letters they sent me. I'm not quite sure what to do now. I really want to pay it off, so I can start working on getting my credit back up. Would I be able to call my old credit card company and figure out what collection agency has my debt? Thank you for your time.