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  1. Introduction: Sued by JH Debt Portfolio Equities, LLC (JDB2), debt purchased from Oliphant Financial, LLC (JDB1) whom purchased from OC (Capital One) Account and Debt are unknown to me (Pro Se Defendant) Responded to Petition with General Denial and Special Exceptions, requested Disclosures from Plaintiff (required multiple additional requests to comply to get documents) Responded to Plaintiff's Request for Admission with Denials. Current Delimma: Plaintiff (JDB2) filed Motion for Summary Judgment. In the motion the Plaintiff specifically refers to Bussiness Reco
  2. I posted this question in the wrong thread and was advised to create a new thread. I did get an answer to my question in the last thread but I wanted to post my situation for all to learn from. I am a newbie to lawsuits and I am riddled with many as of late. My question for this suit is on the production no.4 it ask for 10 original signatures of my name on a blank sheet of paper. RED FLAG went up in my head. No amount of googling was giving me any kind of help to this so I brought it here. The answer i got from previous thread was " Objection: this request is irrelevant and not destined to re
  3. Hi guys, I previously posted about two collections I have with PRA regarding credit card debts and was directed to speak a lawyer here in TN. I was given the advice to dispute the collections with the CRAs and once they reply to notify him Well it has been almost five days since I notified him of the results and I have not been given a reply. At this point I feel like trying to fight it is not worth it. I fear getting sued and then not being able to find a attorney to fight it and getting a judgement. Can anyone provide any advice on how I should approach PRA? I have filed a disput
  4. I had an account years ago called "PayPal Pay Later", which was administered by GE Moneybank. I lost my job in November of 2010, and was unable to make further payments - in fact, I was unemployed for over two years, and was called a "deadbeat dad" by the Friend of the Court because I was unable to pay my full child support payments from my unemployment checks - in fact, they confiscated several tax refunds, such as they were, to pay the back amount. The debt has been sold twice that I know of - possibly more. The first time I was aware of it, I told the collectors I had nothing to give them (
  5. 1. Who is the named plaintiff in the suit? Cortez Investment Co, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hameroff Law Group, P.C. 3443 E Ft. Lowell Rd, Suite 101 Tucson, AZ 85716 3. How much are you being sued for? $9,680 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 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
  6. Hey everyone, I just received a letter from a local law firm (do these guys have people sifting through court records on a daily basis looking to make a quick buck?) stating that court records show a lawsuit was filed against me. Just to play it safe, I went to the IN gov site and sure enough, the case number listed did indeed exist. Unfortunately, I could not pull up any details on the suit (documents submitted, etc). Like many who have come here, I too found myself in a position of being afraid. After reading the many posts and very helpful suggestions from members, I thank God that I foun
  7. I need some help on next steps in Discovery phase of lawsuit. Here's a snapshot of where things are at: April 2014: Via Pocket Docket in Minnesota, was served by Gurstel Chargo, representing Autovest as JDB for Wells Fargo Financial on Consumer Debt. With interest it's around 25k. I responded within the 20 days required, basically said insufficient information to be able to admit or deny claims. Asked for plaintiff to prove claim. Requested lawsuit be dismissed, etc. May 2014: Gurstel sends robo letter to discuss discovery plan, gives settlement offer. Discovery plan states they will
  8. Hello, I just joined this forum and I am new. I LIVE IN MICHIGAN. I got served with a suit from Midlund Funding for 2 CC debts that I owe. I filed an answer and our trial date is set for April 2, 2015. I just got their interogatories in the mail. I have about 3 wks to answer them and prepare mine for them. I will go line by line for you if you need me to. I just need help in answering them. They have nothing except for a receipt for 1 of the old accts and an affidavit for the other along with a receipt. In the interrogatories, they are asking BASICALLY For me to GIVE THEM ALL THE INFO THEY
  9. Hello All, Second post. First post was introductory that illustrates my background, knowledge and areas of expertise. This one specifically describes a lawsuit filed against me. What's really bad about this is that I am mostly alone with this. I have not disclosed this to friends or relatives. (As I do not know anyone likely to respond to help anyway.) There was little time to respond in time to file answer once verified as fact. I am looking for a path with the least cost and damage. This hit me at the worst possible time when other issues are happening including the loss of a frie
  10. Introduction Hello, this is my first post after joining today. I am college educated at the Bachelor of Science level in science, business and computers. I have worked with computers since 1979. Low Income And Financial Data Management My first topics are about low income legal assistance and financial data quality/integrity. Low income here is defined as being eligible for public benefits (disability, energy assistance, food stamps, free cell phone, gas cards, etc). Reasons for lack of income can include completed work with no pay, employment application scams, fake interview
  11. 1. Who is the named plaintiff in the suit? ABSOLUTE RESOLUTIONS V, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RESURGENCE LEGAL GROUP, PC 3. How much are you being sued for? $3,xxx.00 4. Who is the original creditor? (if not the Plaintiff) CAPITAL ONE BANK (USA), NA 5. How do you know you are being sued? (You were served, right?) Summons provided by someone claiming to be a process server 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes, as far
  12. Hi All, I'm being sued by Midland Funding in Parker County, TX. I was served, or I should say my parents were served on Tuesday night. I've searched and read a lot of useful information on here but I wanted to be sure to file the right answer and not look like a fool. I found a few on here that are similar to mine but i'm not sure which direction to take on it. Any advice would be greatly appreciated:) Below will explain my summons in more detail: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Katharin
  13. 1. who is the named plaintiff in the suit? National Collegiate Trust 2. what is the name of the firm handling the suit? Patenaude & Felix A,P,C 3. how much are you being sued for? 28,xxx.xx 4. who is the original creditor?(if not the plaintiff) Union Federal Savings Bank 5. How do you know you are being sued? (you were served, right?) I was served 6. how were you served? In person 7. was the service legal as required by your state law? Yes 8. what was your correspondence (if any) by the people suing you before you think you were being sued? I sent them a letter to three different address
  14. Hi, All. Midland has been harassing me with phone calls and settlement offers regarding an alleged credit card debt for some time now. I've never responded. They're also reporting on my CR and I'd like to find a way to get it off, particularly since they entered the start date for the purported account 4 years after the alleged OC default. I believe that they've avoided filing a lawsuit because in California, this alleged debt would now be about a year beyond the SOL. I've read elsewhere on the site that reporting on my CR without listing it as "disputed" may be an FDCPA violation. C
  15. Hi, All. Does anyone have a reliable process server they can recommend (based on past personal experience) in the Greater San Diego area? I need to have a subpoena served on a JDB employee there. The job will require that they attempt personal service up to (3) times before leaving it with anyone else, sending me an Affidavit of Due Diligence (preferably in both electronic and hard copy form), and do it all in a very timely fashion. Any leads are very much appreciated, particularly if you can tell me a little bit about your experience with the company or individual being recommended.
  16. I'm writing up my Objection to Plaintiff's Declaration in Lieu using @h8spleadingpaper's objection as a exemplar. I have a few questions and am hoping the California folks can help me out. For Argument A ("Failed to Comply With CCP Section 98") H8 states the declarant "does not say where the declaration was executed. He also does not give an address in California where he may personally be served." For my case, the declarant does give an address in La Jolla, CA where "this affiant is available for service of process ... during the 20 days immediately prior to trial. If service is of process
  17. 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"
  18. I entered into a conditional settlement agreement in Los Angeles County for a smaller amount than I was sued for. Basically, if I make payments as agreed, they dismiss with prejudice. If I don't, they can then apply for a judgment in the full amount. Plaintiff filed the Notice of Conditional Settlement back in July and the case was put off calendar and I've made two payments since, but when I check online the actual settlement agreement itself still has not been filed. Question 1) Should I be concerned about this? I have an executed fax copy on pleading paper so I suppose I could file it m
  19. Hello to the best forum on the planet! I was referred here by a friend and have been reading the awesome stories and advice given here. Tho I feel completely overwhelmed I have a glimmer of hope if I can get my head around all this stuff! I am taking this in chunks as it's the only way I can digest it all. Below are my answers to Racecar's questions. I have just a couple of questions for my first steps. I do believe I can file a General Denial (thanks AST Medic for that awesome thread)..but want to make sure my complaint is not verified. There is the first page of the summons; the compl
  20. Listen, I am not a lawyer and I am not an expert, by any means, but I've been reading this forum for over a year, and now that I have also had some experience in these matters, I feel compelled to make a few observations about (what seems to me to be) the general strategy that JDBs (junk debt buyers) use, at least in California. 1st – The JDBs depend upon the fact that most defendants are not going to answer the complaint filed against them, which allows the JDB to receive a default judgement, winning the case, and allowing the JDB to then proceed to garnishing the defendant's wages. 2nd
  21. Mates: I'm defending my uncle in a lawsuit by AMEX and have a question for you all... Are there any significant differences in how I should approach the upcoming trial since I am dealing with the original creditor? They filed a CP 98 and I will attempt to have Linda Salas served in the coming days, but obviously, she won't be there. The process server will give me a declaration indicating that she wasn't there, and I will object to her declaration in lieu of testimony at trial. From what I can gather, they will have no legs to stand on at this point, and it should be a directed verdict. A
  22. 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
  23. I think I may have found some important information for those dealing with JDBs in Wisconsin. I've been reading the boards for a while and recently read a Marquette Law Review on responding to admissions, interrogatories and documents. I was hoping for some feedback on my answers with this new information. First questions: what is the criteria for determining the "specificity" of the denial? Are the denials that I give in the following post considered "specific"? Many users on this board have cited lack of information or belief in refusing the admit or deny. I am assuming that in states
  24. To my fellow Pro Per defendants, Right before my trial, I had my initial thread for this topic taken down. However I was able to first export most of the information contained therein, and after hearing from several other members about how helpful the thread had been to them, I decided that I just had to try to bring as much of it back to the site as possible. I apologize in advance if the posts look a bit odd; I'm having to cut and paste them into this new version from .pdf files. The conclusion to this thread may be found here: http://www.creditinfocenter.com/community/topic/326248-por