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  1. I have trial in a few weeks and just want to know from those that have gone to trial with Cavalry (or any JDB) what your experiences have been.
  2. I am preparing to head to court today in response to a lawsuit filed against me by Midland Funding. I have read a number of postings here and at other places, but of course, this is the first time for me going into court to face a JDB, so very nervous. Before the court date, I filed with the court my Answers to the JDB. Following the advice I found, I never admitted to anything at all. The only thing I admitted to was the address they had for me was correct. I will be in court and I know never to admit to anything and to challenge everything they say. I understand also not to sign an
  3. Any information is highly appreciated. I will be representing myself because there is no lawyer available to take my case. If anybody experienced the appeals process, please chime in and help me get a step-by-step process that i will follow. Thank you guys! @HomelssInCalifornia, @calawyer and @Seadragon have been very generous of their time, resources and expertise in helping me. I appreciate you guys!
  4. Alleged debt info: Crap1 cc DOLA either 2000 or 2001 OOS for both Texas and Louisiana and also time-barred for CRA reporting Initial communication: Mistakenly answer call from JDB. After finding out it was this particular (alleged) debt I told the rep that it was too old to place on credit report, that is was SOL, and that she called me on a cell phone and was not to call the number again. I also said since this was the initial communication that I would be expecting a dunning letter within 5 days and hung up. (Note- It's been years since dealing with these types as I've kept my nose c
  5. I was looking to see what legal requirements were necessary for a Bill of Sale to be binding. It took a bit of digging, but I found this from O.S. 12A Uniform Commercial Code if I am reading this right, this supports the argument that a Bill of Sale must specifically identify the "rights" being transferred. That any Bill of Sale lacking such information is in fact invalid. Is this correct? §12A-1-9-619. Transfer of record or legal title.TRANSFER OF RECORD OR LEGAL TITLE (a) In this section, “transfer statement” means a record authenticated by a secured party stating: (1) that the debt
  6. I received citation last week. I am going crazy. On the Interrogatory they want all of my bank records. What do I do?
  7. I am in need of some advice. Can't quite find what I'm looking for so I will hope someone can help. My question is when it comes to discovery. I am being sued by Cavalry SPV I, LLC in Arizona. OC is B of A (FIA Card Services). I don't see where they have offered into discovery the original credit card application, or the language therein of the option to assign the debt. Not that I am going to bring this into discovery, but is this where I object for lack of standing in a trial? The debt has been through numberous hands at this point, and I thought they had given up when Cavalry reared their
  8. Last month I made a written offer to settle a debt claimed that I owe by Credit Control, a collection agency acting on behalf of JH Portfolio Debt Equities, a JDB that had apparently purchased debt from a charged off Chase account. I received a response in writing from Credit Control stating that they were authorized to agree to my offer and that once my payments were complete, the account would be settled in full. They also sent me the complete agreed upon payment schedule and stated that my first payment must be received "on or before" November 29th by check, check by phone, debit or cre
  9. This is the 4th time the judeg is hearing the JDB summary disposition. I am a complete novice. I want help defending myself. I need to submit an amendment by tomorrow to be within the 7 days of judge hearing the motion. I will type Plaintiff's motion for Summary disposition here: 1. On or about Nov 2002, Defendent entered into a Contract with Plaintiff's assignor whereby Plaintiff's assignor provided certain credit to Defendent based upon Defendent's promise to pay for same and more specifically described as account number *************. (see exhibit 1) 2. Based on the above, Plaintiff'
  10. 1. Who is the named plaintiff in the suit? Some JDB 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Leaving out the name, but I checked and it is a real law firm, not just a PO Box. 3. How much are you being sued for? Just under $3500 + interest and legal fees 4. Who is the original creditor? (if not the Plaintiff) A major 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, at my home 7. Was the service legal as required by your state? Yes
  11. Greetings - I have received a response to my DV request and the firm has given me two weeks to call them to set up payment. Now - after reading through various topics, the response was junk and if necessary I could challenge the chain of custody because what they sent in (to me at least) offers no proof that the JDB actually bought the account nor includes how the amount they bought was derived at (just a couple old statements and a notorized affidavit from a JDB employee who confirmed their information). What would be ideal for me though is to send them back looking for additional informat
  12. Hello, First of all thank you to everyone that has contributed so much to this forum, the more I read the more valuable all this information becomes. I am very new to this and have been served and preparing my answer. Ihave a couple questions, really hope someone can help. My first question pertains to the SOL. My suit from a JDB with original debt from BofA was filed in my state of residence, MN. The debt however originated from when I lived in CA. Being that the SOL is different for the two states and would make a huge difference in my case which state's law is the court going to use?
  13. Hello, as you can see this is my first post, thanks in advance for any and all help. I was served 10 days ago in MN and since have been spending upwards of 2 hours per day researching how to deal with this situation, which leaves me 10 more days to respond. Today I read a very informative thread here.. http://www.creditinfocenter.com/community/topic/312714-standing-when-dealing-with-jdb/ Written by a couple very helpful individuals. I know this will probably sound really bad to some, so please don't rost me as I am completely new to all of this but here it goes..... How exactly do
  14. Hi Guys, How to classify these violation? JDB put 6 negative tradelines on my 3 credit reports, + they did not notify me within 30 days,... Will it be under FDCPA: 805 Communication in connection with debt collection [ 15 USC 1692C] Or will it be under FCRA: 1681s-2(a)(7): Financial institution must provide notice to the consumer when submitting negative info to a credit rating agency, must be within 30 days, must be in it's own writing. In conjunction with 616 civil libaility for willfully non compliance [ 15 USC 1681n] / or 617 for negligent noncompliance [15 USC 1681o] I was tol
  15. History: Served by JDB, I filed MTD, MTD denied. Judge ordered opposing counsel to submit an order denying the motion and requiring the submittal, within 20 days, of the alleged notice of assignment (condition precedent to bringing action) and other alleged docs to support cause of action. FL Bar conduct states that atty should have prepared order by the next business day and given to me for review and then sent to judge. I also filed a MTD to dismiss for failure to post nonresident bond. More than 20 days have passed and atty has not prepared order, supplied docs or posted bond; so they a
  16. I am being sued by a JDB. I simply cannot tell if it is for account stated or other. I was hoping if I put more info here I could get some input? The JDB did not attach any documentation to the complaint. they state I entered into a credit card agreement on such-and-yay date. they state I purchased goods with the line of credit they state I defaulted under the agreement despite demands by oc they state the oc charged off the balance they state the oc sold the blance to the JDB they state I owe the JDB How do I determine this then? Thanks so much
  17. An old credit card debt surfaced last year, when CAs began calling. After a little digging, I learned that a JDB purchased the debt from US Bank---the CAs were their minions, trying to collect. None of the CAs responded to DV letters, so things just quietly slumbered in the background. Not a word for nearly a year, then six weeks ago, yet another CA came calling (actually, mailing, to be literal). Idiot me did a stupid thing---sent DV letters to both the CA -and- the JDB that hired them, in hopes of getting this shut down once and for all (assuming the latter didn't have validation docume
  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 prepar
  19. 1. Who is the named plaintiff in the suit? Portfolio Recovery As Assignee of XXX Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? Under $5000 4. Who is the original creditor? (if not the Plaintiff) Major CC Company 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
  20. Hi, hoping to get some advice... I am currently being sued by a JDB in Arizona for an amount that is under $800 with their attorney fees. I responded by denying knowledge of the debt and provided a request for production which they have not responded to. A mediation was set up for a week from now, and I received a letter that they sent to the court titled "Plaintiffs motion to allow counsel to appear as sole representative: motion to appear telephonically". After reading through numerous posts, I know that at trial I do not want them or their witnesses to appear by telephone. But how about m
  21. I am hoping I can get some advice here, still not completely sure how this whole process works. I am being sued in Arizona. In my county, my initial response did not require me to list affirmative defenses or go through the admit/deny stage right away. I responded, and also sent a request for production. I got a huge packet today that includes every statement of the account. The account has been sold 5 times. Included in their response are all of the bills of sale (my account not listed, just the total dollar value of the collection of accounts), an affifavit of indebtedness, all of the accoun
  22. Hi from a newbie who luckily found this board! After reading sooo much for hours over the entire holiday weekend, I am still floundering on what to do- although I certainly have more of a clue than before I found it! I only have three days to file all of my responses, and I am certainly panicking! Here is a summary of my situation: I was summoned to court for a debt less than 5k from a JDB claiming they purchased the debt (HSB) in Mass in 2008 from an account supposedly entered in 2005. JDB requesting relief in amount of about 4300. I responded to the court & the jdb that: 1/ th
  23. http://www.state.il.us/court/Opinions/AppellateCourt/2013/1stDistrict/1113658.pdf
  24. Good morning, I'm looking for some advice. I submitted my answers in time and also submitted my own discovery to Midland's attorney. However, I did not provide any language about making an electronic copy available, which is in Ohio's rules. I also didn't require them to notarize their answers, but I'm not sure if that's required. It's been over 30 days now and I haven't received a response. We are due back in court next week. Should I resubmit my discovery with the corrections and give them another 28 days or should I wait until we are back in court?
  25. Hello everyone, I was referred here by a friend who said you guys are the best people to ask for advice regarding legal matter. I am helping a family member by translating on his behalf on a case with a junk debt buyer in NY (Portfolio Recovery associates) for the amount of $6000. During the first meeting, he didn’t have a translator and he requested me so the judge gave him 4 months for me to come back. During the second case, I questioned the junk debt buyers creditability in court by asking them to provide proof of account transfer from Chase, they had no answer so they delayed the case 4