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Found 139 results

  1. 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 anything they the JDB says I need to in order to talk with them. What should I bring with me? Discovery request? Or am I waiting for a trial date to be set? Thanks for any help, it is a scary time.
  2. 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!
  3. 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 clean for 7 years and been a model little debtor. I understand that this is a he said/she said scenario. It's not about what you know, it's about what you can prove. Under normal circumstances I would never have given all that info but I'm a little rusty and was caught off-guard.) The next day... Receive a voicemail on my cell from JDB. The weird human/robo-call combo transcription is as follows: <robot voice> ShinerBock (insert real name here) <human voice> I am contacting you from the process and summons division. I am calling to notify you that there will be 2 charges filed against you in your county. Looks like fraudulent activity has been attached to your name and social security number. <robot voice> ShinerBock (insert real name here) <human voice> I do need to make you aware of your legal rights to address your charges prior to them being filed against you. You will need to do so before you receive your summons at your place of employment or home address. Once you're served, your rights will be forfeited. Your case number is... <robot voice> XXXXXXXX <human voice> Their telephone number is... <robot voice> (XXX) XXX-XXXX (this number is the same one they called from when leaving this voicemail ) <human voice> You will need to speak to someone in their legal department. ***End of message*** Normally I would just fire off a C&D and tell them to FOAD but two hours later I get an alert from equifax. These <insert ugly words here> did a hard pull and dropped my beautiful and hard won credit score below 700! SO... 1) Is this a TCPA violation? Is this message threatening action that cannot be taken thus being a violation of the FDCPA as well? The OC was never given permission to contact my cell because when I became deliquent I had never owned a cell at that point! Also, I want to make VERY SURE that the threat is in no way ambiguous for us "least informed consumer" types. 2) Did they have PP to HP my CR? I know this area is a bit murky as they most certainly DO have PP as a CA but from my POV since the debt isn't valid they do not. Any new case law to back up my assumptions? 3) Where do I go from here? It's not enough to send a C&D. They invoked my wrath when they did a HP. A single action of $1000 will not be enough. I am in a one party state and I own sufficient recording devices. If you were me, how would you go about inflicting as much monetary damage as is legal and ethical in this situation? Any and all forms of advice are encouraged. Thank you for taking the time to read all of this. Shiner
  4. 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 debtor has defaulted in connection with an obligation secured by specified collateral; (2) that the secured party has exercised its post-default remedies with respect to the collateral; (3) that, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and (4) the name and mailing address of the secured party, debtor, and transferee. ( A transfer statement entitles the transferee to the transfer of record of all rights of the debtor in the collateral specified in the statement in any official filing, recording, registration, or certificate-of-title system covering the collateral. If a transfer statement is presented with the applicable fee and request form to the official or office responsible for maintaining the system, the official or office shall: (1) accept the transfer statement; (2) promptly amend its records to reflect the transfer; and (3) if applicable, issue a new appropriate certificate of title in the name of the transferee. © A transfer of the record or legal title to collateral to a secured party under subsection ( of this section or otherwise is not of itself a disposition of collateral under this article and does not of itself relieve the secured party of its duties under this article. Added by Laws 2000, c. 371, § 126, eff. July 1, 2001.
  5. I received citation last week. I am going crazy. On the Interrogatory they want all of my bank records. What do I do?
  6. 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 A$$ ugly face. I have to submit MY discover this week and aside from entering what they did, and myself, not sure what else there is for me to "discover". Their discovery includes a generic "Bill of Sale and Assignment of Loans", which there is no link to the debt in question, and on a second sheet, generic details of the account, identifying acct #, my name, amounts, OC, dates, etc. Last, my assumption as this is credit card debt, with a LPD of more than 4 years ago, the SOL applies due to the new AZ HB 2412 which add credit cards to the type of debt with a 6 year SOL. Regarding this, should I use the three year SOL as the law infers that before 4/11/2011 (as the language specifically states HB 2412 "ADDS" credit cards to this type of debt). This is a fairly recent clarification, and I am hard pressed to find any judgement that excludes grandfathered credit card debts. Is there any way to argue the change of law should not affect this debt as the said debt was originated and incurred priod to the change in law? Last, I have documentation of contact from a different law firm collecting on the same debt, this is after Cavalry bought the supposed debt. What can I ask for in regard to the chain of assignment for this debt? Just not sure how should approach this. Thanks in advance!!
  7. 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 credit card by phone. As it was already close to that date by the time I received their response letter, and also a holiday week, I opted to make the first payment by phone and not trust the mail to deliver the first payment on time. I called to make the payment at around 10am on the 29th, (thinking that this would satisfy the "ON or before" due date that they had stated in their letter) and I was told that JH Portfolio had reclaimed the account and placed it with another agency. Is that even legal? Before the due date of the first agreed upon payment had even passed? A week later I receive a letter from a new collection agency, Alpha Recovery Group, requesting that I pay the original amount in full (what happened to the reduced amount that Credit Control had agreed to?). Alpha Recovery's letter was dated November 29th, again showing that this account was placed with them before the due date of the first payment per the previous agreement had even passed. Very confused, and this all seems more than a little shady to me. Not sure what my next step should be. Validation letter? Sit back and wait for them to sue me so I can submit this info to the court? I don't really see the point in trying to negotiate a settlement again if they're just going to accept and then renege before the ink is even dry on the agreement.
  8. 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's assignor did ptovide the credit, which Defendent did receive. 3. Thereafter, Plaintiff's assignor sent monthly invoices to Defendent for the credit extended and Defendent made payments, or partial payments, thereof. 4. Prior to June 21, 2008, Defendent breached the Contract for the credit extended with Plaintiff's assignor by failing to properly remit payments to Plaintiff's assignor based on the monthly invoices (See Exhibit 1). 5. The account and underlying debt subsequently assigned to Plaintiff. (See Exhibit 3). 6. Plaintiff filed its Complaint on or about June 28, 2013, in order to recover the sums due and owing from Defendent under the terms of the Contract. 7. Defendent fi;ed an Answer, denying owing Plaintiff for the credit extended. 8. Pursuant to MCR 2.116©(9), Defendent has failed to state a valid defense to Plaintiff's cause of action. 9. Pursuant to MCR 2.116©(10), there is no genuine issue as to any material fact, and Plaintiff is entitled to Judgment by law. _______________________________________________________________________________________________________ I am prepared to send my answer to the summons and Complaint to whomever is willing to help me on this forum via inbox as well as my responses to their Motion for Summary Disposition, which I can paste here. I am in the process of amending those answers by tomorrow morning based on Case Laws: 1. Lack of Capacity to Sue 2. Mistake 3. Insufficient Personal Guaranty 4. FACTA "prevents victim of Identity theft including a prohibition of collection of debts incurred." As well, I have read threads from bcm100 which states that if a proper bill of sale and notorized copy of the assignment wasn't included in the filing, I should have the case immediately dismissed. ________________________________________________________________________________________________________ Trust me, time is of the essence and I will do as I am told. I have had phone conversation with the JDB as well as tried to settle with them via phone. Those calls were recorded. "I NEVER ADMITTED TO HAVING THE DEBT nor RECEIVING ANY STATEMENTS. I did however impluicate that it may have been my mother or sister....because I truly believe this is the case- if the debt is true. My sister and mother denies ever having incurred the debt as well. I do not know exactly what to do. Please answer in as timely a fashion as possible. I was hoping I could get help from bcm100. Thanks!
  9. 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 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? AZ, Cochise 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to collection notice on my credit report, the first default on the alleged debt occured in April 2009. I have no other records and the complaint provided no information other than alleged balance. 11. What is the SOL on the debt? 7 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). Summons Issued as of 11/5/13. I was served on 12/18/13. 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? No. I didn't know about it until I was served. 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 to answer by 1/7/2014. The charges are vague, but I'm assuming it hinges on "breach of contract." 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Full complaint is below. -------------------------------- For its causes and complaint against the above named Defendant(s), the Plaintiff alleges as follows: I That Plaintiff is a legal entity entitled to bring this action under the Statutes of the State of Arizona. That Defendant(s) are residents of the State of Arizona. That Defendant(s), if applicable, are husband and wife, and the acts alleged herein were done for and on behalf of their marital community. Jurisdiction and venue are proper within COCHISE County and this Court. II That on or about **/**/2008, the Defendant(s) made, executed and delivered to {Bank Name}, a revolving Credit Account Application (Agreement). Thereafter, a contract was formed. The contract was subsequently sold and/or assigned by the original creditor to Plaintiff. III That Defendant(s) have breached such contract and defaulted in payment of the indebtedness owed to Plaintiff under the terms of the contract in the present principal sum of $xxxx, with accrued interest in the present sum of $xxxx, and with accruing interest at the contractual rate of x.xx percent per annum from date of judgment, until paid, after deducting all payments and just credits. IV That Plaintiff has made a demand upon Defendant(s) for payment of all sums due pursuant to the contract, but Defendant(s) have failed and refused to pay the amount. V Pursuant to the express written provisions in the contract, Plaintiff is entitled to recover from all of the Defendant(s) its reasonable attorney's fees and costs incurred in the prosecution of this action, and the collection of any judgment rendered. That Plaintiff alleges that the sum of $xxx is a reasonable sum to be allowed as and for its attorney's fees herein, in the event Judgment is rendered by default. WHEREFORE, Plaintiff prays for judgment against Defendant(s), jointly and severally, as follows: 1. For the present principal sum of $xxxx; 2. For the accrued interest thereon in the present sum of $xxxx, plus accruing interest on the principal at the rate of X.XX% per annum from date of judgment, until paid; 3. For Plaintiff's reasonable prejudment and postjudgment attorneys' fees and costs incurred in the prosecution of this action, and the collection of any judgment rendered; 4. For such other and further relief as this Court may deem just and proper. ------------------------------------------------- So... Arizona, from what I've read, is a tough place to fight these vultures... and after checking my credit report... it seems I actually have a handful of "open" accounts by several JDBs who are also going to be suing me in the near future. Win or lose, this could end up being a life-long battle of shooting down a case, having the account resold, and having to fight it again. And if it was just me, I might even enjoy fighting back just for the fun of it. However, I'm recently married and my wife has nothing to do with any of these debts. And since this is Arizona, I don't think any judge will treat her fairly if things don't go well for me in trying to fight off all the JDBs by myself. I'm starting to think I may be better off just planning on filing Chapter 7 to save my wife from any future hardships. If anyone here is, or can recommend, an attorney experienced enough to successfully defend this particular case, please PM me to discuss retainer. Otherwise, any conversational insights into a hypothetical defense for the case are also welcome. Thanks.
  10. 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 information. The SOL will be up in 86 days so I want to just stall, stall, stall any further action by them before they file suit. So my question is, what is the best way to accomplish this? Depending on what/who you read the response I should send them should either be very vauge - just say the matter is still in dispute. Or others suggest that I point out specifically what I have issue with and request that they send me the relevant information. I don't know which response to send. I'm inclined to ask them to send me the Bill of Sale from the OC and an itemized list of transactions which ends with the alleged amount that the JDB bought from the OC. Not sure what to do right now but want to be sure to get a response sent to them so they do not think I have just rolled over on the matter. Suggestions on what to do? Short denial? Detailed? Pluses and minuses of each? Thanks in advance!
  11. 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? Second question is regarding lack of standing. Since this is a JDB and several years old and likely sold a couple times would using a lack of standing defense be a good idea in my answer, or as I have read in a couple of threads should I save it for later? Lastly, if I do use it in my answer how do I phrase it, I know that is a basic question but I can't seem to get an answer? Thanks in advance for any and all help.
  12. 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 I word my answer to challenge standing? Thanks again!
  13. 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 told earlier, that there is NO Private Right on FCRA !?! Or would it be under something else ? Thank you in advance !
  14. 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 are stalling. I can't find anything in the FL rules of civil procedure or FL Statutes that cover this. How do I proceed? I have prepared MTD for failure to post bond but I'm not sure if I should include failure to prepare order and provide docs in that MTD as well, or if I should file the MTD for bond and a MSJ, or should I handle some other way. I am unemployed and have no money for atty, so thank you for any info you can provide. Please help.
  15. 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
  16. 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 documents either). Bad move. No word from the CA, but the JDB sent back: Copies of the Bill of Sale and Assignment (two--one when US Bank sold it to JDB #1, then a second when JDB #1 sold it to these guys, JDB #2)Copies of two monthly credit card account statements (one showing the last charge made on the card, the second showing the bank's charge off)Their MN collection agency license number As I understand it, that fulfills validation requirements. If this had occurred a year ago, I could have/would have negotiated a settlement, but now, within six months of the SOL, the devil on my shoulder wants to run the clock out. Add to that a serious dip in my career the past nine months, and a negotiated settlement isn't financially possible. Pertinent details: Date of First Delinquency: March 2008Minnesota SOL = 6 yearsResulting expiration date is March 2014, six months from now Yes, I should have left sleeping dogs alone. That said, what do you wise souls suggest I do moving forward?
  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 prepared if there is a next time. To @Seadragon, @calawyer, @ASTMedic, @HomelessInCalifornia, and many others, I can't thank you enough!
  18. 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 you think you were being sued? None 9. What state and county do you live in? Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Within SOL by a little under a year 11. What is the SOL on the debt? To find out: 4 years in FL I believe 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). Attended pre-trial, denied their claim and scheduled a trial date. 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? No answer was required as it is was immediately set for pre-trial in Small Claims Civil Court. I went to pre-trial at which point I denied their claim and asked to proceed to trial. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ComplaintAffidavit from their custodian of recordStatement of account on JDB letter headForward Flow Receivable Sale Agreement from XX Bank that does not mention me specifically just a file number with price of purchase redactedone statement from cc account with no charges, payments, etc only past due fee and interest chargedSheet with designation of email address they would like to be served with documents. I'm looking for advice on what my next move should be . At this point I've appeared at Pre-trial. Prior to the pre-trial the JDB attorney called me aside to offer a payment plan. I basically responded with I have no relationship with this company and will wait to speak with the judge. When the judge addressed the court before people were called he said you could work with the mediators to work out a payment plan or deny the claim and request to proceed to trial. I denied the claim and requested a trial date. I basically said that I have no relationship with this company, they are claiming to have purchased an account belonging to me, but have provided no signed contract or statements showing any activity or purchases by me. He asked if I was denying the account with XXX Bank and I said yes, there is nothing confirming that account belongs to me. He then addressed their rented-attorney and said maybe if you guys could provide defendant with what is being asked for then this can be resolved before trial, but it wasn't a direct order to give me anything. From a little online reading I guess my next move should be interrogatories and discovery, is that correct? Also worth noting this same JDB tried to sue me before I showed up at pre-trial basically said something to a similar effect and requested trial. Then about 2 weeks before trial they filed a dismissal without prejudice. Last time they had less paperwork included with the summons. Since this is the second go around I figure they may try a little harder. Any help or advice is greatly appreciated. Considering talking to an attorney, but would hate to pay for one only to have them dismiss again then re-file later. Does anyone know how many times they can do that in FL before its considered harassment?
  19. 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 mediation? Should I care or just for trial? It does say that "plaintiff believes that all court appearances be heard in 15-30 minutes and that Plaintiff's representative/ custodian of records could appear telephonically without predjudice to either party". I am worried that if I do not contest this, that it may transfer to trial, so should I respond that I have a problem with this? If so, how should I do this? I could not find a form/example of a similar situation. Do I need to list law(s)/other trials since it is just a mediation? I have just a few days to respond. I am also curious if anyone knows, in general, a JDB breaking point (financially)? I am wondering if I should just throw out a number during mediation ($100) just to save myself time. Thanks in advance
  20. 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 account statements (which includes an annotation that the account number was changed multiple times over the course of the account), and a blanked out Excel table with an account number- not sure what that goes to. The statements are intimidating, I have to admit. It makes me feel as if the battle is already lost. I guess after reading through a lot of the forums, I honestly thought they wouldn't be able to produce these. I have also received a Request for Admissions, however, these pages are literally just "admit" or "deny", and no room to write comments. Should I not use their form and re-type all of them with comments? The next set are Notice of Service of Plaintiff's Non-uniform Interrogatories. I was planning on using similar posts to figure out how to answer these. Any thoughts/ideas would be much appreciated! Thank you in advance
  21. 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/ the debt was not valid & 2/ to provide the original signed agreement w/balance on account from 0-present. Instead I received a notice of case management conference. I appeared the attorney was late and it was rescheduled. Two days before this date (and received when I got home from court), JDB sent Things to Be Produced & Interrogatories, Requests for Admissions, as well as an agreement for judgment addressed to the court. In the new set of papers and in the request for judgement, they now say I owe almost 7000! What happened to 4300? I don't get it. The only "proof" they have is my name and address and the last four of an account number with HSB. I had an account with HSB previous to the date they give, with different last four of number. I want to go to arbitration and don't know if I can use the terms & conditions of the HSB account that I do have information on (account number, agreement) that which differs from what they propose. However, I am pretty certain this account was written off and is for the year before their "on or about" statement. I am so lost and my questions on the following, if anyone would be so kind to offer any advice? #1) can I object due to the fact that they have not verified the debt that asked for in my response? #2) can I object due to the conflicting #'s they presented in their summons & in the agreement for judgment & Request for Admissions? #3) can I use my credit card agreement to force arbitration, even though the date and last four of account number are different? If so what steps might be suggested I take??? Any help would be great, and I will keep reading all of these forums. I know that I want to send/file an opposition to plaintiff's motion for summary judgment, but I want to certainly include key points in--perhaps an ammended answer to the court so that I can force arb. Thoughts, anyone? Thanks to anyone who may offer advice. (edit) okay, I realize that my "answer" was a too late to do anything request for verification so nix #1 Q!
  22. http://www.state.il.us/court/Opinions/AppellateCourt/2013/1stDistrict/1113658.pdf
  23. 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?
  24. 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 more months, now it’s the third time next month, what should my actions be this time? Please reply, any advice would be helpful.
  25. I have an old CC debt that is now supposedly owned by Cavalry. The summons I received has zero affadavits attached. In fact, the only attachment is a copy of terms and conditions from the CC company. The lack of any supporting documents with the complaint pleading makes me suspicious about their ability to back up their standing. Anyway, I can't afford to have this go to court so in the end I've got to pay them what they'll settle for[1] before trial. My question is this: Is a strategy of going ahead as if I were willing to go to trial to get them to settle for a lower amount a good idea that has a decent chance of resulting in a lower settlement amount? The petition I received (pursuant to Missouri Chapter 517) alleges a valid assignment of debt with no supporting documents. [1] As of a phone call to them last week wherein I said something along the lines of "I'll give you $250 only so I don't have to deal with this hassle" they offered to settle for ~$1400 which is about $100.00 off of what they're suing for