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  1. I am not a lawyer and need assistance in responding appropriately. I only received the Interrogatories March 8th but am required to respond in 15 days after service which was arch 4th . I have some answers but I have no clue as to if they are valid. I don't want to annoy the judge. However, I want to defend myself. In some instances it's unclear what the lawyer is even asking...PLEASE HELP! I believe a breach of contract exists due to circumstances at the time the contract was initiated. I can go into further detail once I get to affirmative defenses and whether they should be included with the interrogatories or separately. Below are the questions and some of my initial answers: INTERROGATORY NO. 1: If you intend to rely upon any documents, electronically stored information, or tangible things to support a position that you have taken or intend to take in the action, including any claim for damages, provide a brief description, by category and location, of all such documents, electronically stored information, and tangible things, and identify all persons having possession, custody, or control of them (Standard General Interrogatory No. 3). If you prefer, you may attach copies of all such documents to your answers to these interrogatories in lieu of describing each such document. RESPONSE: Objection: premature: Discovery is ongoing. Defendant's preparation for trial is not complete at this time. Also, Interrogatory is compounded and contains sub parts. INTERROGATORY NO. 2: If you are relying on an oral statement or utterance for all or any part of your defense in this action, please describe in detail each such oral statement or utterance, include the identity of each person with relevant knowledge and state the dates of each oral statements and utterance. RESPONSE: INTERROGATORY NO. 3: Identify each person, other than a person intended to be called as an expert witness at trial, having discoverable information that tends to support a position that you have taken or intend to take in this action, including any claim for damages, and state the subject matter of the information possessed by each such person (Standard General Interrogatory No.1) RESPONSE: Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process INTERROGATORY NO. 4: If it is your contention that you are not indebted to the Plaintiff as alleged in the Complaint or if you contend that you owe the Plaintiff only part of the amount claimed in the Complaint, state the amount you claim is due and state the factual basis for your contention. Describe, or in lieu thereof attach to your answers to these interrogatories, all documents related to or supporting any such contention. RESPONSE: INTERROGATORY NO. 5: If you contend that another person(s) or entity is responsible in whole or in part for the Plaintiffs claim or damages, then identify that person(s) or entity, and give a detailed statement of the facts upon which you rely for your contention. RESPONSE: Defendant objects to this Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. INTERROGATORY NO. 6: Separately state the factual basis for each defense you have to the claims set forth in the pleadings. REASON: See AFFIRMATIVE DEFENSE SECTION INTERROGATORY NO. 7: Itemize all payments made or tendered for the debt and/or contract at issue in this case by supplying the date, amount and form of each payment made. If any payment was made by check, also state the date the check cleared or was paid by the financial institution or bank that it was drawn on. Attach copies of all checks, receipts and/or other such proof of payment to your answers to these interrogatories RESPONSE: After engaging in diligent search and reasonable inquiry, Defendant is unable to comply with this demand because the items demanded are not in plaintiff's possession, custody, or control. To the best of Defendant’s knowledge, the items demanded are more likely currently in the possession, custody, or control of Plaintiff's, therefore DENIED. INTERROGATORY NO. 8: State each and every date you communicated with the Plaintiff or the Plaintiffs agents, employees, or representatives in writing or orally, regarding matters relevant to the issues addressed in the pleadings or your defense, and for each such communication, identify the person with whom you communicated, describe the substance of the communication and identify any witnesses to the communication. If any communication was in writing, you may attach copies of all such communications to your answers to these interrogatories in lieu of describing such communications. RESPONSE: Defendants object to the Interrogatories and Requests for Production of Documents to the extent that they are overly broad, unduly burdensome, oppressive, and/or seek information that is not relevant to the issues in this lawsuit or reasonably calculated to lead to the discovery of admissible evidence. Also, Interrogatory is compounded and contains sub parts INTERROGATORY NO. 9: If you have a claim for setoff, recoupment or the like in this case, please describe in detail the factual basis for any such claim, itemize your damages related thereto and describe, or attach to your answers to these interrogatories, all documents that support your claim and your damages. RESPONSE: See AFFIRMATIVE DEFENSES Section INTERROGATORY NO. 10: If you contend that the Plaintiff did not perform all the obligations and duties it had under the contract or agreement at issue in this case, or under any statute or law, please describe the factual basis for this contention in full detail. If your contention is based on or supported by any documents, describe, or in lieu thereof attach to your answers to these interrogatories, all documents related to or supporting any such contention. RESPONSE: Defendant objects to this Interrogatory on the grounds that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Also, Interrogatory is compounded and contains sub parts INTERROGATORY NO. 11: If your residence and/or mailing addresses have changed since entering into the contract or agreement at issue in this case, please identify each such address, the time frame for each such address, and the date and method you advised the Plaintiff of each such address. RESPONSE: Defendant objects to this Interrogatory on the ground that it Seeks information that is not relevant to any issue in this action; Seeks information not calculated to lead to the discovery of admissible evidence; Seeks information not relevant to any subject matter of this action. INTERROGATORY NO. 12: Identify each person whom you expect to call as an expert witness at trial, state the subject matter on which the expert is expected to testify, state the substance of the findings and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, and, with respect to an expert whose findings and opinions were acquired in anticipation of litigation or for trial, summarize the qualifications of the expert, state the terms of the expert's compensation, and attach to your answers any available list of publications written by the expert and any written report made by the expert concerning the expert's findings and opinions (Standard General Interrogatory No. 2). RESPONSE: In response to this interrogatory requesting information about experts, no determination as to who may be called as an expert witness has yet been made (see Interrogatory 3 Response). I reserve my right to further supplement this response when such information is known to me. Also, Interrogatory is compounded and contains sub parts INTERROGATORY NO. 13: If you contend that any of the allegations set forth in the pleadings are incorrect; identify each incorrect allegation and give a concise statement of the facts upon which you rely for your contention that the allegation is incorrect. Describe, or in lieu thereof attach to your answers to these interrogatories, all documents related to or supporting any such contention. RESPONSE: See Affirmative Defense Section
  2. 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 sister, yet I was still not informed. Now...Feb 2016 ( found out by legal aid that was trying to help me gain a divorce due to abuse) he has filed violation of custody/visitation rights. Yet again, that had no knowledge of to begin with. Upon calling new York attorney, I was told to request a traverse hearing.... One I'm unsure how to that. Two I'm in need of more advice on how to present abuse to the courts since I'll be going through the courts by phone.
  3. 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"
  4. 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. It shows I owe $3200.00 but my credit limit was never over about $2600.00 and I had paid some of my balance down, so anything above that is all fees. I am a widowed mom of 3, and I don't have any income other than Social Security survivor benefits for one child and myself as guardian. And about $400 a month from a Government retirement account. I don't know if this makes a difference or not. I have looked through this forum and I have copied the letter that Texasrocker had posted in his #10 post. And I have read most of the forums for Texas and Midland on this site. I noticed the example I saw was a little different in the wording than mine in the Facts paragraph 6. Would the example letter posted still work? Paperwork I was served: 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.) Rausch, Sturm, Israel, Enerson & Hornik, LLC 15660 N Dallas Parkway, Suite 350, Dallas, Texas 75248 3. How much are you being sued for? $3203.33 4. Who is the original creditor? (if not the Plaintiff) Sears 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Texas, Wise 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2 1/2 years ago 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I couldn't find anything for our small court online. 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? 20 days from serve date which was 8/14. I have been trying to post but this site wouldn't allow me. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Don't see anything
  5. Trying to see who we have and where they are from when it comes to attorney. Anyone??
  6. 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 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? TEXAS, TRAVIS 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) AUG OF 2013 11. What is the SOL on the debt? To find out: 4 YEARS 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). NOT SURE 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? TILL MONDAY THE 20TH 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. ONE STATEMENT THAT SHOWS NO ACTIVITY, BILL OF SALE, SCHEDULE 1 TO BOS, AFFIDAVIT OF SALE OF ACCOUNTS BY ORIGINAL CREDITOR, ASSIGNMENT AND BILL OF SALE, SCH. 1 TO ASSIGNMENT AND BOS, AFF. OF SALE OF ACCT. BY DEBT SELLER, AND A PRINT OUT OF WHEN ACCOUNT WAS OPENED, LAST PAYMENT, LAST CHARGE AMOUNT, PHONE NUMBER, ADDRESS, NAME, CHARGE OFF DATE... ETC.
  7. 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 being paid for on a charge card and they received new cards), and it eventually ended up on my credit report, resulting in around $1600-$1700 in debt. So, why am I worried about it now that it is almost 2.5 years away from being removed from my credit report? It is because I have a flawless credit history outside of this collection and I honestly want to correct this "mistake" so I can continue on with having my "perfect" credit history. Now that I am graduating college and am possibly looking at moving out soon, I want to be able to have a clean-slate and not run into any issues with my credit history. I am also looking at applying for another credit card or two as my credit score is slightly above 700. Now my question to you friendly folks is this, I have read about settling and seriously pursuing the "pay for delete" route because that is the best case scenario for me, but where do I start?. I have the money to offer a sizable settlement amount, but I do want to try to settle for as low as possible as I know they buy the loan from doctors for pennies on the dollar. As a side note, this debt is still owned by the original CA that filed the delinquency back in 2011. Do I send a letter of validation even though I believe the debt is accurate and all of the notes match up with the original source of debt (the hospital)? If I do and I receive confirmation, do I offer 20% of the debt and work my way up from there? Do I run the risk of having them "reset" the SOL if I try to settle for a pay for delete? I am very serious about getting this removed, and am willing to spend generously if that's what it takes, but I'd rather start low and work my way up from there. This was what I was thinking about saying when I call them, "Hi, “name" I was hoping to be able to speak with someone about being able to settle a collection on my credit report. I inherited debt that I did not know was not being paid, and am hoping to be able to make it right and come to an agreement. As a result of this agreement, I am hoping that we can also agree that this will be a pay for delete settlement and you will contact the credit agencies to have this derogatory mark removed." If you made it through this post, I want to say thank you very much for your time and hope that you can provide me with any advice on how to approach this situation. Having this removed from my credit report would be absolutely amazing for me and my mental "well-being."
  8. 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 to attend by the law firm. 3. How much are you being sued for? roughly 1600 4. Who is the original creditor? (if not the Plaintiff) BANK OF AMERICA / FIA Card Services 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I believe so as the Sheriff served it 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? Cannot remember 9. What state and county do you live in? Cole 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) I do not know. 11. What is the SOL on the debt? To find out: 5 years in MO 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). Have recieved Plaintiff's first discovery. Had two court dates. Third scheduled. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, should I? 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 Responded on time to complaint with answer. Received discovery, have roughly 20 days to respond to that. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Complaint included: Complaint on the basis of account stated Affidavit Bill of sale without attached spreadsheet, no mention of name A credit card statement addressed to me, but does not include charges only a balance. Servicemembers relief act status report (not in armed forces) DISCOVERY (redacted, names account numbers and case numbers by deletion which may result in some incomplete sentences or answers) REDACTED DISCOVERY ANSWERS AS I UPDATED THEM ALMOST ENTIRELY
  9. 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 they do not send a summons so they can get a default. please help i dont want to file bankruptcy if i dont have to. scared they will take my car or something. please help cant afford to be garnished head of household low income family
  10. 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, what are the legal time frames of both the hospital and the collection agency? I just don't feel like any of this is right. 1. The debt was paid when I got the bill. 2. They waited almost 2 years to send it to collections. and 3. It was sent to this agency in October and I never received a phone call or a letter stating I was in collections until February. Any and all help is much appreciated. I just want to know if anything illegal happened while I'm in the process of disputing this debt.
  11. 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 too long until it just fell off and they said that would be my choice. That's when I decided to send the letter. When I received their rejection letter, I called the original creditor (the County I used to live in) and they said that it was sent over to FCN and they were allowed to add extra interest so I would have to go through them so they could receive the extra money they are entitled to. I was thinking of sending another letter with an offer of $60 but I'm not exactly sure if that's the best option? Should I sent another letter or wait for it to "fall off"?
  12. 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 thrown out easily, but I know how completely crooked the system is. I know if they take my son in,,, he'll be gone for good. Just like they did my cousin. He had to keep protecting himself and thirty years later, he's now 40,,,,,fk, and my son LOVES to fight. AND IT'S BECAUSE OF THE DAMN SYSTEM HE'S THIS WAY. Anyway, They didn't read Miranda rights,,, they did breathalyzer but didn't wait the required 15 minutes watching that he didn't belch. Cop says he had to go 60 to catch him, although he has him down at 60??? I SIGNED THE PAPERS SUI JURIS,,, does that help??? Look, since the two tickets, my son was in a fatal car accident. HE WASNT DRIVING. But his best friend was the 15yr old driver and died. My son was rushed to the hospital to remove his spleen and then rushed by life flight to UCDavis for heart surgery. He has a hole in his heart now and has to be very careful. He'll never make it out. I can't believe they would even consider 4 yrs on a minor who has never been in trouble. PLEASE HELP I want to abate the process, but they won't let me do anything.
  13. 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 "Cause of Action-Common Counts"? I believe I should be answering the Cause of Action because of the nature of the content, but the instructions on this site indicate to respond to the Complaint. 2) Is there a legal form I need to use to file my response or do I just type it up on regular paper? 3) I think the Statute of Limitations applies for me, but am not sure. According to my credit report, the last payment for this creditor was 6/2009. From 7/2009 on, my report shows 30, 60, 90 120, all the way to Charge Off. From what I understand, the "open Book Account" rule (which the court papers say this is) for CA is 4 years, but is that from the last purchase or the last payment? And if it's from the last payment of 6/2009 (actual date unknown) and the court papers were filed on 6/10/2013, how do I know if it's a few days shy, or a few day over the 4 year mark? 4) If I do site the Statute of Limitations, do I still deny the said charges as unclear? The papers say Sterling Jewelers, which I am assuming is Jared Jewelers, and to be honest, I have no idea what I owed them when I became disabled and had to stop paying because my income became very limited, but the amount owed to Jared on my credit report matches with the amount I am being sued for. Please if anyone can help me, I would be eternally grateful. I am very willing to provide any and all information needed for assistance. Thank you!
  14. 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 became delinquent. Midland sent me a collection type letter about 3 weeks ago with a redacted bill of sale . Yesterday, I got a certified letter return recpt. from midland attorney locally... Answers to request for production . They are objecting to much of my request . Do I need to respond to this Answer? If so, is there a time limit for which this has to be done ? Funny thing , the cover letter sent with this was signed " Very Truly Yours" is this supposed to be a joke ? Are they seriously trying to intimidate me by using accusitory language? Thanks "G"
  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 about this account they told me they cant discuss it and to contact the law firm (Forster and Garbus). I called the law firm to request information, they asked for my name and I gave it to them. They said they had no info under my name. I gave the the account number instead and they located an account with a name similar to mine but the spelling off. For example, if my name were John Doe, this account was for John Dop. I never once agreed to pay anything or acknowledged myself as John Dop. Furious with the person I spoke with I ran to this site and began searching for help. This is how i began: 1/25/13: -Started disputes with all three credit bureaus on all negative marks - Sent DV's to Midland Funding and Forster and Garbus CMRR: "I have just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. I was not aware of this debt until now and under my right under the FDCPA, I request you validate this debt" 2/25/13 -Sent another letter: "This letter is a follow up for the previous debt validation request. I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private private contractual arbitration via JAMS to resolve any disputes between us. Pursuant to the terms of the agreement, I am requesting the advance of the arbitration filing fee. All phone calls are inconvenient, so any further communication must be my mail" 5/22/13- Received response from Forster and Garbus, included was ONE statement, NO signature and a Balance due of $1090.51: "BALANCE DUE: 1090.51. In response to your request here are billing statements" **Something to consider? Statement Balance from 2010 was 1058.17 7/23/13-Served. -Two things stand out to me in the complaint: "3. There remains an agreed balance on said account of 1058.79 due and owing on plaintiff's cause of action. No part of said sum has been paid although duly demanded" **Something to consider? Balance different than two previous balances stated "5. Plaintiff, as owner, is authorized to proceed with this action" **By answering to the complaint, do I acknowledge debt? 7/30/13- Answered the complaint with, I believe the term was, General Answer?(Didn't write anything down). I did sign and acknowledge myself as "JOHN DOE being sued as JOHN DOP", as that is what the clerk told me to do. I told her JOHN DOP is not me and that is what I should write. 8/7/13-Received letter from Forster and Garbus thanking me for responding to the complaint and would like to settle. I did not contact them. But at the bottom of said letter was a battle to be paid of $1,252.09 ****Different than all three previously stated balances. I just received my court date last week and I am so nervous. Do I file any motions now or do I wait for the first court date? Why is it that we are in a civil case even though I had requested JAMS from the beginning. I had printed out a credit card agreement. Why are there so many different balances owed? At this point I'm not sure where to begin. Btw, my court case is in Suffolk County NY and I moved to Nassau County just recently.
  16. 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 about this account they told me they cant discuss it and to contact the law firm (Forster and Garbus). I called the law firm to request information, they asked for my name and I gave it to them. They said they had no info under my name. I gave the the account number instead and they located an account with a name similar to mine but the spelling off. For example, if my name were John Doe, this account was for John Dop. I never once agreed to pay anything or acknowledged myself as John Dop. Furious with the person I spoke with I ran to this site and began searching for help. This is how i began: 1/25/13: -Started disputes with all three credit bureaus on all negative marks - Sent DV's to Midland Funding and Forster and Garbus CMRR: "I have just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. I was not aware of this debt until now and under my right under the FDCPA, I request you validate this debt" 2/25/13 -Sent another letter: "This letter is a follow up for the previous debt validation request. I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private private contractual arbitration via JAMS to resolve any disputes between us. Pursuant to the terms of the agreement, I am requesting the advance of the arbitration filing fee. All phone calls are inconvenient, so any further communication must be my mail" 5/22/13- Received response from Forster and Garbus, included was ONE statement, NO signature and a Balance due of $1090.51: "BALANCE DUE: 1090.51. In response to your request here are billing statements" **Something to consider? Statement Balance from 2010 was 1058.17 7/23/13-Served. -Two things stand out to me in the complaint: "3. There remains an agreed balance on said account of 1058.79 due and owing on plaintiff's cause of action. No part of said sum has been paid although duly demanded" **Something to consider? Balance different than two previous balances stated "5. Plaintiff, as owner, is authorized to proceed with this action" **By answering to the complaint, do I acknowledge debt? 7/30/13- Answered the complaint with, I believe the term was, General Answer?(Didn't write anything down). I did sign and acknowledge myself as "JOHN DOE being sued as JOHN DOP", as that is what the clerk told me to do. I told her JOHN DOP is not me and that is what I should write. 8/7/13-Received letter from Forster and Garbus thanking me for responding to the complaint and would like to settle. I did not contact them. But at the bottom of said letter was a battle to be paid of $1,252.09 ****Different than all three previously stated balances. I just received my court date last week and I am so nervous. Do I file any motions now or do I wait for the first court date? Why is it that we are in a civil case even though I had requested JAMS from the beginning. I had printed out a credit card agreement. Why are there so many different balances owed? At this point I'm not sure where to begin. Btw, my court case is in Suffolk County NY and I moved to Nassau County just recently.
  17. 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've made me 18. About two weeks later I received my credit card in the mail, with a $550 limit...it took me about two weeks and I maxed it out and never thought twice about it. Now that I am older I realize how much my credit is actually needed. Aside from school loans Capital One is the major thing on my credit report, with a nice total around $2,500 now I'm assuming because of interest fees and such. My fiance and I recently just purchased our first home and I am in the market to be buying a new car. Everywhere I go denies me because of my credit. I have fixed everything with my school loans and have worked a deal out with the Department of Education now it's just trying to clean up the rest. Basically what I am asking is, can I be held accountable for the debt, being that I was a minor and only 16 at the time when they approved me for the card. I do know that it was my own fault for applying and receiving but, shouldn't they have done some more research on me before they approved me? I mean they did have my social so they could have checked my age and everything. Any help would be appreciated and thanks for your time in advance! -Paula
  18. 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 prepared if there is a next time. To @Seadragon, @calawyer, @ASTMedic, @HomelessInCalifornia, and many others, I can't thank you enough!
  19. 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 to the proper verbage used how to draft it so that it is a "winner" Which part of the "Complaint" do I answer to? the First Cause of Action? Items 13-16 before they pray to the court to ream me for $10K? I really need some help as I am a single mother with no means to pay or settle this lawsuit. I am working on my answer -- but the ones that I have seen samples of are so long, and I am unsure as to write for affirmative defenses as well. Any guidance is much appreciated.
  20. 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 the event the Defendant denies any of the submitted Requests for Admission, please state specifically the reason for said denial. INTERROGATORY NO. 3: Please state specifically the dispute you have with the information contained in the Complaint. INTERROGATORY NO. 4: In the event this cause should be tried, please state the names, addresses, telephone numbers and expected testimony each person the Defendant plans to call as witnesses. INTERROGATORY NO. 5: Please list and describe all tangible evidence the Defendant expects to introduce at trial on this cause. REQUEST FOR PRODUCTION NO 1: In reference to Interrogatory No 5, please prove Plaintiff with a copy of all documents, tapes, transcripts, receipts, and any other evidence that the Defendant will introduce at a trial of this cause. INTERROGATORY NO. 6: Please state the correct balance, if any, the Defendant believes is owed to the Plaintiff. INTERROGATORY NO. 7: If the Defendant is claiming a payment, credit, or offset that Plaintiff is not giving the Defendant credit for, please state the amount, date, and mode of such. REQUEST FOR PRODUCTION NO 2: In reference to Interrogatory No 7, please provide Plaintiff with a copy of the receipt, canceled check, or any other proof of such payment. INTERROGATORY NO. 8: Please state the date and amount of your last payment on said account. INTERROGATORY NO. 9: Please state the balance due on said account after your last payment. INTERROGATORY NO. 10: If the Defendant denies having received the card identify any person whom the Defendant believes may have received the credit card. INTERROGATORY NO. 11: If the Defendant denies having used the card identify any person whom the Defendant believes may have used the card and state whether each such person was authorized by the Defendant to use the card. REQUEST FOR PRODUCTION NO 3: Please produce all billing statements from Issuer to the Defendant. REQUEST FOR PRODUCTION NO 4: Please produce a copy of the front and back of the credit card issued to the Defendant from Issuer. REQUEST FOR PRODUCTION NO 5: Please provide true copies of all correspondence from the Defendant to Issuer disputing any billing statements on the Account, together with proof of sending and receipt of such correspondence. INTERROGATORY NO. 12: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based. REQUEST FOR PRODUCTION NO 6: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, please produce the documents on which such contention or belief is based. INTERROGATORY NO. 13: Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person’s anticipated testimony and the opinion of each such person concerning the subject matter of this litigation. INTERROGATORY NO. 14: If you are disputing only a portion of the Account please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes. INTERROGATORY NO. 15: Please treat these interrogatories as continuing and supplement your answers with additional information as it becomes available to you. Will you do so?
  21. 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 mothers name. now, i cant ask my father if he knew of this, unfortunately he passed away in a work accident last july. when looking thru his mail i came accross one letter from midland offering a settlement, and on that letter the last name is misspelled. another issue i am looking at, is that this is an account from bank of america, which midland, according to the summons, they started collecting in may of 2005. the only progress i've made is filing for a hearing. now im stuck, and in need of advice and im unable to afford an attorney. i pulled my credit report, and on there is an account from bank of america, that was opened in 1995, the issue with this is that at that time i was only 12 years old. so i'm pretty sure i was unable to get a credit line on my behalf at that age.
  22. 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 witnesses? What is my timing? Please help. Please, this is not my strong suit, my health is still somewhat copromised and I am at a loss at this point! Any suggestions in arguing the case would be helpful as well. TIA, Bohey
  23. 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? Received letters in mail. 9. What state and county do you live in? Montgomery County, Ohio 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2010 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? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Case is awaiting trial date. I filed Answer. Addressing discovery concerns now. 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 have filed an Answer. I have until December 31, 2012 to answer RFP, ROGS and RFA. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Some credit card statements and an affidavit that they now own the debt. I am currently in the process of answering discovery requests. My concerns at the moment are a question asking me to reveal my bank account information which I do not want to do and several questions regarding whether or not this was identity theft. It was not. I am just hesitant to admit to much of anything. My natural tendency is to say that no identity theft was alleged. Also, I do not have records of previous payments that are requested. What would be the best way to answer these requests?
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