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  1. Hello, I am getting sued by a JDB (this bill was paid it full 3 yrs ago, thru freedom financial solutions to Brachfeld law group - I was told they did not cash one of the last checks that was sent to them- funny but they cashed the larger check that was sent after that- the one check that they didn't cash was only for 130.00- and I have the records from freedom financial solutions where I paid them) it has been sold since then to serval different JDBs, I just got a 30 day notice from Hunt & Henriques, I am now wondering what steps I should take? how do I write a standing? should I hire a a
  2. Does anyone know if I can use the fact that the jdb has reported a larger amount owed on my credit report than what they are sueing for? (They are suing for the amount on the only statement they provided.). Answer is submitted and pre trial is in 30 days. No standing was used as well as failure to state a claim.
  3. I am being sued and have spent the last two weeks doing research. I have attached my answer but need advice! Is it too much Some basics: SOL is not violated No known FDCPA Violations No affidavit attached to summons Exhibits: plain white paper copy of purchased date with acct and contract date and last pay date HSBC account balance name and last 4 of my social but looks like I typed it (unofficial) Assignment and bill of sale with signature of Capital One (notice its wrong bank) but no account numbers either way . Who is the named plaintiff in the suit? Cavalry
  4. I'm stressing! I have brain freeze! Not sure what to do now. I have to answer a CCP 96, don't know if I should subpoena a witness that works in Plaintiff's attorney's office - he submitted a CCP 98. HELP! Like I mentioned in another post, I'M in Ventura County, Calif, my case is assigned to Judge O'Neill, don't think he liked me much the 1st time I was in front of him. BV80 Xenophon
  5. Hey guys, here is the background of my case...with some questions that I would like you people to throw some light on 1) JDB midland suing for 2500 dlrs sent me summons , I responded back denying with affirmative defenses 2) Did the discovery ( still awaiting reply from them) , responded to their rogs. 3) I asked them for proof of debt and they asked court for 90 days for it. 3) I did not counter sue, should I ? can I still do ? 3) Now I am nearing my first court date and would like to know if I am missing anything here? 4) What can I expected on my first court date , like what i
  6. Hi everyone, I have been here almost daily since receiving a summons from mandarich law group late last year. I filed my answer, sent a request for BOP (and 2nd and 3rd requests), sent discovery, answered discovery, answered ccp 98, and sent ccp 96. I read many, many posts here, and used templates from here, changing them to fit my situation. Thanks to all the brilliant, giving people here, every time I sent them something, they answered exactly as I thought they would, and I knew exactly what to do next. So now, my trial date is less than 3 weeks away, and I am lost and find myself thi
  7. I've been served in Magistrate Court of Cobb County by Midland Funding. My question is how do I file an Answer when there are no numbers to reference? I've searched this site and googled else where for a sample but am having trouble locating a sample that does not reference numbers. Additionally, how do I find out when hearings are being held in my court? I'd like to go sit in on a few of these cases but can't get anyone on the phone and obviosuly am using the wrong search terms to locate the times of hearings. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the
  8. Just came across a ingesting article over the weekend, thought I might share with everyone. Feel free to post your thoughts and feelings J http://www.cnbc.com/id/101846684
  9. I'm starting a new chapter in my life and trying to get my "stuff" together after burying my head in the sand for a few years. In short, I pulled my CRs, only to find that I had 8 collection accounts in my credit report(s). Aware of this site/forum from a similar experience a decade ago, I decided to face my debts and obligations head-on and get started with the rest of my financial life. Because I know that I owed the money on all of these accounts, my first line of defense was to simply see what would happen if I mailed monies to the original creditor with old statements/invoices that I
  10. http://www.creditcards.com/credit-card-news/charged-off-debt-collectors-1282.php Great article on the amount of interest debt collectors can charge Notably this paragraph The U.S. Fair Debt Collection Practices Act says collectors can add fees or interest only if the amount is "expressly authorized by the agreement creating the debt or permitted by law." That requires having a copy of the original card agreement to prove the interest is permitted, consumer advocates argue.
  11. Hi everyone, I'm trying to get down to the nitty gritty and get my credit polished. I've been able to get from 435 to 565 over the past several months. I have quite a few JDBs reporting on me, and I'd like to get these removed. From what I'm reading on here, it seems the best way to dispute these is via snail mail. Is this correct? Also, do I dispute with the CRA first? Is there a link to a form letter I can use as a guide, or will a simple "I dispute this thing" letter work? I've been reading through the stickies. It's just a lot of info to absorb, so if anyone has a minute and can shoo
  12. Need help with a JDB in South Dakota, I apologize if this is in the wrong place!! What happen; Car repo in 2011 Bankster sold vehicle Bankster notified me of this action Heard nothing else from them Where it’s at; Received summons & complaint in 2014 to an action to this from an atty. Representing a collection agency. I had received noting else from them previous to this S&C Notified them of this and asked for a validation and never to contact me again until they do produce. Received some documents but not the ones I was looking for because on my credit report it has a different ac
  13. I really hope someone here can help me. On May 2, 2014 I was served a summons at my house. I am being sued by Hunt & Henriques, Attorneys at Law on behalf of Portfolio Recovery Associates for an old US Bank credit card debt. The amount they are suing for is $5500. The suit was filed on February 7, 2014. This debt is from back in 2009/early 2010- which I believe puts it outside the SOL for California. I don't remember making payments on it since then. I have NO way to prove that though, as I haven't banked with US Bank since 2010. This is the first time I have heard of this debt s
  14. First off I want to thank everyone who posts on this forum you have helped me and many others more than you will ever know! I am being sued by LVNV Funding in Ohio. I did not find out about this lawsuit until my employer advised me my wages were being garnished by a default judgment. I quickly went into high gear to fight this. How can someone garnish my wages and me not even know about it. I have since had the judgment vacated and stayed the garnishment so at this point I am not out any money to them other than the cost to file and mail them there copies. I met with the attorney at the hear
  15. I'm new here. I was served by PRA on 4/19, case was filed on 3/27/14 in Florida. Two counts listed: Account Stated & Unjust Enrichment. They submitted page 1 of a credit card statement from Sept 9, 2010 to Oct. 10, 2010 with a min payment due of $1,953. I don't have any paperwork. I pulled my CR and the last payment was on 2/24/2010 on both PRA account information and OC. I am going to file my answers and affirm the SOL defense plus others. My question is, when would I file a motion to dismiss based on the SOL?
  16. I was served on Friday. I'm not sure what the best way to proceed is. 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.) Hayt, Hayt & Landau, LLC 3. How much are you being sued for? $21XX 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?) Served 6. How were you served? (Mail, In person, Notice on door) Sheriff a served the docs. 7. Was the service legal as required by your
  17. I'm BAAACCKK! Just a little background - Using this forum, I went to FL court Pro Se to fight collection on cc not in my name. The CA could not provide anything that tied me to the account and entered voluntary dismissal in March 2013 before I could file for dismissal with prejudice. I objected to the judge, saying they would just sell the account to another CA and file again. The judge told me it was unlikely since they have to pay to file. Whatever!!!!!!!!! August, 2013 I received a collection letter from a new CA. I sent a letter of dispute. They wrote me after receiving my certi
  18. I received a letter today from CACH, everyone's best friend, and was sure it was something bad. Back in April of last year I actually settled an old US Bank CC account with CACH because I had just been sued by Unifund and hadn't found this board yet. I panicked when I realized I might have two lawsuits on my hands and it was very small compared to the other account. So, I made it go away. In any case, the letter says that new information about the account has surfaced, that I was overcharged by US Bank as far as interest added, and that any amount calculated to have been overcharged would
  19. I was going to try and do this by just reading some of the other threads on this great forum and realized I will be better of if I have a more direct support of contact on specific issue, after all if I have a question on something specific how would anyone really know how to answer if the weren't following the case. so i am going to try to post the case on this forum and would greatly appreciate any comments or ideas. lawsuitpdf.pdf
  20. Im very curious on how to handle collections on this random account. Do i dispute it? Do I look into it? Does it even matter? Is it even mine? Could it be zombie debt? Here's the deal: While digging thru some old paperwork I came across a collections letter dated back in Sept 2013. Its a "deal" letter and says nothing but basically "here's what you owe us" and "pick your payment plan option.". The amount in collections is for about $1500 but I have NO IDEA what its from or what its for. Ive recently accessed all 3 of my credit reports and it is NOT listed anywhere. Not the creditor, the
  21. So Portfolio Recovery Associates has been giving me hell over some old debt. Ive got another thread going regarding the whole ordeal. They've got 2 accounts with my name on them, one of which is beyond the SOL and the other which has about 8 months left on the SOL. Im preparing on whether or not to DV them on the most current account and see what they do, then make a deal. Or just wait it out until the SOL expires and I can send a FOAD letter on both accounts. (amounts ranging, $700 - $1000) From what ive read online, its pretty hard to get PRA to do a PFD or anything like that. So I may j
  22. Looking for some advice on dealing with this collection agency Portfolio Recovery Associates. Same old story, I went thru some very hard times about 4 years ago and now im dealing with the consequences. Recently Ive been contacted by Portfolio Recovery Associates regarding TWO accounts that they have purchased and are now trying to contact me about settling debt. One of the accounts is an old GE Bank Credit Card (Walmart) that is out of the Statue of Limitations in my state. (im in Texas and I believe the SOL is 4 years on debt.) The letter that I received regarding that account is has this t
  23. I recently received a summons to superior court in Georgia for a credit card I know nothing about. The plaintiff is Cavalry SPV and the attorney is Hanna & Assoc. I answered the summons, and now I am drafting responses to the Request for Admission of Facts, Request for Production of Documents, and Interrogatories. I am listing the questions and my answers below -- I would sincerely appreciate any advice or critiques, as this process has a very steep learning curve. Thank you in advance. Request for Admission of Facts 1. You applied for, and received, a credit card account No.XXXX
  24. I have picked these up over the years and would like to post them in one place. Hopefully they will prove as useful for someone else as they have been for me. If you have more stuff like this, please post it to this topic! Some are written by consumer attorneys (Edelman, Combs and the like) and others are written by the attorneys from the dark side as ways to weasel out of FDCPA liability (it's always a good thing to know what the other side is thinking). Pro-Consumer: Defending credit card cases, 2009.pdf Ethical issues of JDB suits.pdf FDCPA CASE LAW, NCLC.pdf FDCPA, Edelman Breakdown-
  25. NOTE: THIS IS LENGTHY, AND I'VE TRIED TO FIND ANSWERS TO THE ISSUES I'M FACING ON THIS FORUM TO NO AVAIL. PLEASE BEAR WITH ME! I PROMISE THIS WILL MAKE FOR GOOD READING Hello, I received a summons from Midland in December. Shortly after they filed the lawsuit, the notorious NJ DC law firm, I'll just call them "P", called me and told me if I set up a payment arrangement, the lawsuit would "go away." At the time, I agreed to the payment arrangement. A couple of days later, they sent me a letter, dated December 26, 2013, saying I had to sign and return the agreement BY MAIL no less, by