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  1. So two years ago I took my son from ny state and left for Florida after my husband threatened my life for custody. That was in 2013. The days ago. Feb 2016, I found out that in Feb of 2014 he was awarded sole custody of my son. Now, I was never served, informed, or contacted by him or any law official ( including a proper sapena to court) about this matter. Due to my absence of this unknown affair he was awarded custody. Now we are still married and I found out that he served papers to his mother's house ( my last known residence to him) and the papers were received by either his mother or si
  2. My pre trial paperwork is due tomorrow and I want to make sure I filled it out correctly. Mainly the sections "issues of law" and "issues of fact"
  3. Hello, I just received a summons from Midland Funding and I need help. It's for a Sears account. I was going to be without internet for 3 months, so I set up my Sears account payments in advance. I found a place to use internet about half way through the 3 months and found out Sears had kicked two of my payments out and had placed late fees on my account and raised my interest. I tried to get online to fix it and they wouldn't let me on my account without stating that it was my fault my payments were late. So I tried calling them and no one could or would help me. I finally gave up
  4. Trying to see who we have and where they are from when it comes to attorney. Anyone??
  5. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) KATHARINE ALLEN 3. How much are you being sued for? 1900.14 4. Who is the original creditor? (if not the Plaintiff) WEBBANK (FINGERHUT) 5. How do you know you are being sued? (You were served, right?) SERVED CITATION 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? NOT SURE Process Service Requirements by State - Summons Complaint 8. What was your corresponde
  6. Hi everyone, I did a search on the forums and was unable to find a scenario like mine. If there is one and I missed it, I apologize in advance for overlooking that. When it comes to my question, it originates from a medical debt collection started in 2011 that, as far as I know, came from me breaking my hand in 2010 and being of legal age. Although I signed all of the medical documents, my parents were going to pay the medical bill as I did not have income to pay for it because I was a full-time student. With that said, my parents accidentally stopped paying the debt (I believe it was bein
  7. Please help me reword my discovery answers and find better ones. In particular, can the plaintiff force me to sign an agreement for them to look at specific bank statements? 1. Who is the named plaintiff in the suit? Portfolio Recovery Assets 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sean Hadican, #56131 Arturo A. Hernandez III, #59684 Clinton P. Woerth, #53825 Shelley R. Porter, #59294 Counsel for Plaintiff Arturo A Hernandez III, #59684 showed up to first date. A different lawyer showed up to one court date. He said he was paid
  8. I have received on summond 2/24/15 from LVNV FUNDING C/O STENGER & STENGER Kent county Michigan AMOUNT 746.95 for a credit card debt from CREDIT ONE BANK EXHIBIT A Plaintiff affidavit signed by Matt Summers Exhibit B Photo copy or print out "account statement" prepared by jds Lvnv. I have not yet sent my answer because i was wondering how to do the motion to strike the affidavit. also i havent received the summons from portfolio yet ,and cant find it online. But I received a letter from a lawyer stating i was being sued 63 district court my portfolio. I heard sometimes the
  9. In January of 2013 I had a bill that needed to be paid and I thought I had taken care of it. I hadn't received any more notices after giving them full payment so I went on with my life. Now it is February of 2015 and I just received a notice in the mail from a collection agency saying that I had never paid this debt. WHAT!!! I was so infuriated when I called this company because I DID pay this debt. The lady told me that they had sent the debt to them in October of last year. I am in the process of sending them a request for debt validation and also a dispute for this debt. My question is, wha
  10. I had an administrative citation that was sent over to Financial Credit Network that was $55. They added interest, so now it is $76.24. I sent a Pay For Delete letter with an offer of $50. They refused it stating that they would only accept the full amount. Before sending the Pay For Delete letter, I called trying to settle. The first person said that they could only take it down to $71 so I hung up. I called and asked to speak to a supervisor right away and the "supervisor" said that they could only take it down to $65 and some change. I told them that the debt was from 2012 so it wouldn't be
  11. I need some major help. My 15yr. old son, who had been staying with his mother, was caught TWICE in a month on a DUI. My landlord handed me my court papers this past Friday, and court is this Wed. WTF? They're trying to tell me at the juvenile courthouse that I can't defend my son. That I HAVE to have a lawyer. But I don't want one. I don't want to settle, I want him free. Granted , I know he messed up. BUT IF HE ISN'T OLD ENOUGH TO VOTE OR GET A LICENSE BECAUSE HE'S A MINOR AND MAKES BAD DECISIONS, THEN HOW CAN THEY PUNISH HIM ,,, FOR A BAD DECISION? It seems like it should be thro
  12. I received a summons last week and I need to respond, but after reading so much on this site, I still am confused and need some help, please. I am being sued for $1600 from Attorney, Robert Scott Kennard, representing National Credit Adjusters, LLC collection agency, the papers were filed in San Bernardino County Civil Court, CA on 6/10/13 and were served to my daughter in law on 8/20/13. I am disabled and my income is limited to SS benefits, so I cannot afford an attorney. 1) The most important question I have is, am I responding to the 2 page "Complaint-Contract", or to the 1 page "C
  13. Sued by Midland . Sent original response as general denial. Requested the following in official vaidation Request 1. Original account application with my signature for this alleged debt . 2. A fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated , including the interest rate being charged . Confirm that this rate falls within the state limits . 3. Provide proof of debt ownership including how much this debt was purchased for . 4. provide proof of the date in which alleged charges first
  14. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked
  15. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked
  16. Hi! I am not sure if I am posting this in the correct place or not. I am new to this site and hope someone can give me a little guidance. When I was in high school my step sister who was 17 at the time was approved for a credit card through Capital One. I thought wow, if they gave her one maybe they will give me one! Dumb...very dumb I know but at the time I was 16 and was not thinking towards the future. Sure enough I filled out the application online and even filled it in correctly with my real SS# and everything, the only thing I did was change the year of my birth so at the time it would'v
  17. Hello I'm a newbie residing in CA. I've been following various threads on this forum for about a month now and I can't begin to tell you how much hope it's given me in regard to dealing with my JDB law suit. It is comforting to have found a community of people who have dealt with similar issues and are so willing to help/share strategies with a stranger. Everything I've read says it's not going to be easy, but that it can be done with diligence and perseverance! With the help and support of this forum I believe I will succeed. And if not, at least I've learned a lot and will be more prepar
  18. I am another victim being sued by JDB --Midland Funding LLC and I need some help. I have been reading these forums and my eyes are bleeding. I was hoping for some specific guidance. I am trying to draft me answer as my 30 days will be up on 8/28/2013 -- I have read and bookmarked many posts by some who have won cases, but they are in other states or I have not received the exact clarity I need. I do not want to hire an attorney, because I want to fight this and win, and the firm I am considering has a 40% success rate??!! I have dowloaded the ANSWER PLD-C-010 however, I am uncertain as
  19. Today I received the Plaintiff's discovery requests and looking for input on how to answer. Apologize in advance for length. Copied exactly as they wrote it up. Plaintiff is CACH. Complaint can be found here. INTERROGATORIES AND REQUEST FOR PRODUCTION PROPOUNDED TO THE DEFENDANT INTERROGATORIES AND REQUEST FOR PRODUCTION INTERROGATORY NO. 1: Please state the Defendant’s current address, telephone number, social security number, place of employment, and banking affiliations. Please include the address and telephone number of employer and banking affiliation. INTERROGATORY NO. 2: In
  20. hi all, obviously this is a post judgement case. unfortunately i received a writ of garnishment from midland here in az. now when i say i i mean my name is on the letter, but the issue im having is it says my name and then i reads and his wife, then i t reads my mothers name. first, i dont have a wife, and second my father and i share the same name. the issue i am having is i was never served, even from the start of the complaint. in the packet i received i received a copy of all the other summons up until the garnishment. and every single one of them lists the defendant as my same name and my
  21. Hi, I was sued in CA in May 2011 by CACH. I have several other posts and details on this site but due to this new set up I cannot find the thread! History: I have conversed with and batted around forms and filings with P. All my corresponded appears in order. P has violated my cease and desist. They have constantly lost my documents and they cannot provide all documents requested. In the midst of all this, I came down with a serious disease and ended up in the hospital. I am recuperating now. My dilemma now, with a month before trial, what are the steps I need to take? Subpoena their witne
  22. 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) LJR 3. How much are you being sued for? $3,343.00 4. Who is the original creditor? (if not the Plaintiff) Sears/Citibank 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) Certified 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? Rec