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Found 121 results

  1. Hi, I received an Advertisement letter from attorney offering service for lawsuit, after researching online I found out Midland Fund entered what it seems a E-filed on 5/4/2018. After reading some post in this forum, I I felt much better and with some hope. I appreciate any advice that can be given. This is the information I found through the Miami-Dade court's online services: 06/14/2018 Small Claims Pre-Trial Conference Hearing Thank you for your assistance!!! 1. Who is the named plaintiff in the suit? Midland Funding LLC- Plaintiff is a Delaware Limited Liability Company, authorized to do business in Florida 2. What is the name of the law firm handling the suit? Its not very clear but it has a lot of names for attorneys for plaintiff- with a check mark on an esq' name 3. How much are you being sued for? $1800, and the costs of this suit. 4. Who is the original creditor? (if not the Plaintiff) COMENITY CAPITAL BANK 5. How do you know you are being sued? (You were served, right?) No, I received an Advertisement letter from attorney offering service for lawsuit against me and it mentions that the case # is on the envelope ( I thought it was a scam but I looked and found it at the Miami-Dade court's online services) 6. How were you served? (Mail, In person, Notice on door) Nothing as of today. 7. Was the service legal as required by your state? how can I know if the service is legal? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? to the best of my knowledge, I dont recall talking to any of them, however, I have an app that blocks unknown or scammers calls. 9. What state and county do you live in? Florida, Miami Dade 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) there is a bill with the papers I saved from the court's website- it states 05-02-2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 5-16-2014 12. What is the SOL on the debt? 4 yrs 13. 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 have Small Claims pre-trial conference hearing on 6-14-18 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? Where is this information? 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. With the online records I see- 1 bill statement from OC; affidavit of sale from OC , bill of sale from OC; as exhibits -asset schedule; letter to old address that MCM is new owner Thanking you in advance!!
  2. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Girvin & Ferlazzo, P.C. 3. How much are you being sued for? $4,683.48 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Served impersonally 11/24/18 6. How were you served? (Mail, In person, Notice on door) Notice on door 11/24/18 7. Was the service legal as required by your state? Notice was left on the door. It’s unclear if this is legal in NY 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? I received letters from Calvary several times but never responded with any correspondence, nor did I call to speak with anyone for fear that it was a scam of some sort. I do not have any of the letters I received from the agency. 9. What state and county do you live in? New York. Nassau County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2013 to Citibank 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2012 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 6 years (New York) 6 years (S Dakota...where Citibank is incorporated) 13. 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). Pre-RJI. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? Response required by 12/22 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No Evidence was sent with the summons ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I have been served impersonally 11/24/2018. What should my first step be? I've contacted the Nassau County BAR for a lawyer referral however the lawyers they referred do not handle the type of case that I am experiencing regularly. They mainly cater to Bankruptcy, which is not an option I am open to at the moment. I am being sued in Nassau County Supreme Court. I have never requested arbitration, nor have I had any contact with Calvary SPV outside of letters sent to me stating they were attempting to collect a debt. I discarded the letters as they came because I considered it scam/junk mail. I received the summons on my door. There is no proof attached to the summons, only motions against me. Please let me know your thoughts on steps I should take moving forward- the best way to address this matter. Thank you!
  3. I just Filed an appearance, idk what to expect at court, can someone give me more info. Especially on how to create my defense
  4. I am being sued by Guglielmo & Associates from Tucson AZ. The original creditor is Discover Bank. I have 20 days to answer the paperwork I was served 3/28/19. The debt is 4k. What course of action should I take? Should I answer first or file a motion? If so what answer or what motion? I am unemployed and don't have any property to seize and barely any money in my bank account. Is my car that is paid for at risk (2007) ?
  5. Greetings I have been served by Nelson and Kennard on behalf of Capital One. Due to procrastination I have only a couple of days to file an answer. Is there a place on this site with general first steps? Is there a template answer to give? Any other advice is highly welcomed. Thank you.
  6. Hello, I just got a letter 1/24/2019 from the lovely Hunt & Henriques notifying me of their "intent to sue and incur court costs" on behalf of their client "portfolio recovery associates llc" for my old credit card debit (which was $1,400) of $1,842 from a Barclay card opened up fall of 2013. I've made no contact with H & H. I have tried over and over to find out when my last payment was on the Barclay card, but I am almost certain it was 4 years ago, give/take a few months. I'm in CA and I know the statue of limitations is 4 years, which I'm at or, darn close to it. This debt has gone through a few collection agencies so it's not even barclay that's suing me, they sold my debt a while ago. I have read that I need to send a DV letter initially. My questions: What should the letter say? How can I verify when my last payment to Barclay was? They locked my account so I cannot see any transactions. After I send the letter, I'm sure those money hungry jerks will respond. What do I do after that? How can I drag this out to the 4 year mark so the debt falls off? Does it actually "fall off" my credit or stay on it as an unpaid but closed debt? Any help will be appreciated Thank you kind souls!!
  7. Hi Guys, so I was served with a second lawsuit. Ughh just my luck! Now I am being sued by Portfolio Recovery Assoc. They only provided me with 5 page booklet. The first two has the court serve paper, the 3 -5 are their request regarding suit. I posted pictures below. They did not provide me with any affidavits or witness or agreements or anything like how midland did. How can I dispute this. Can someone help me or provide me a template I can use for my answer that I can quickly modify or use it .I need to turn it in asap and how should I handle this,, any thoughts or assistance? If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Portfolio Recovery a$$ 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) County Court 3. How much are you being sued for? 1,290.05 4. Who is the original creditor? (if not the Plaintiff) Synchonry Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so 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,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2017 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. 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). Suit Served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). None. 16. 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? 14 days Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None just their 3 pages of petition and the original and copy of serve document. 18. How did you find out about this site? Google 18. Read these two links:
  8. This is my personal experience on how I beat Midland Funding, LLC twice in court and is not legal advice, but I will share what worked for me. Also, I want to thank Credit Info Center and all the people who wrote in the forums sharing their experience as well. The First Lawsuit I first received a letter from the attorney who was acting as a debt collector representing Midland and at the time I was already familiar with the validation process thanks to this website, so I sent a debt validation letter to the attorney. What they sent back was a joke and most of what I requested in the validation letter was ignored. So, after I looked at what they sent back I didn’t do anything because at this point I wasn’t being threaten to be sued. I figured they’d just go pick on somebody else who was an easier target. I was wrong. A few weeks after I received the letter back from the collector. I was returning home one day and a car pulls up in my driveway behind me and an older man gets out of his car and asks if I was the person he was looking for, and I was. I was then served the complaint/summons. Like many, my gut sank and I panicked. After a day or so, panic turned into anger and fueled my desire to beat Midland in court. I did my homework and used the info I gained from this website and answered the complaint. A week or so later I received a packet from the attorney, which was their request for discovery. If you don’t know what discovery is, it’s the plaintiff (Midland/Attorneys) asking for all the info that you might have to help them with their case against you because they don’t have anything or very little to get a judgment against you. As I went through the discovery packet to see what Midland wanted from me I became overwhelmed. So, I called an attorney and had him answer the discovery for me. It wasn’t cheap, but better than letting Midland win and having to pay an alleged debt to them. Now that the discovery was completed and filed with the court, I wait. As a week goes by, I receive a notice of hearing from the court. This is my first chance to really see how this is all going to unfold. So, the hearing date comes and I appear in person and the attorney phones in. That’s right! The attorney doesn’t even show up to the hearing and on top of that, the attorney who called in wasn’t even the attorney that had his name all over the complaint and discovery. The new attorney had the lawsuit dropped on his desk that morning. This was a strong indication to me how this was all going to unfold. At the hearing I stated that the debt wasn’t mine and the attorney said if this was a fraud case that they didn’t want anything to do with it and all I needed to do is fill out an affidavit and hope that Midland would drop the lawsuit. At that point the Judge scheduled the trial date and that was the end of the hearing, which only lasted 15 mins. A couple days go by and I receive an email from the attorney and it has the affidavit attached to the email. I open the attachment and read through the affidavit and realized that they were requesting the same personal info that I objected to and didn’t provide in the request for discovery. So I didn’t fill it out and again waited. The day has now come. Leading up the trial date I organized my defense and mentally went over it in my head almost to the point of going insane. I get to the courthouse about 20 mins early to once again go over my defense and in hope that maybe no one shows up for the plaintiff. Five mins before the trial is set to begin, I see a short elderly man walk into the court room. CRAP! I was really hoping the attorney wouldn’t show and I’d win by default. Oh well, let’s do this! I enter the court room and take a seat and get organized. The judge enters; we stand, and then sit. The judge starts addressing the attorney and it turns out that the attorney sitting in the court room isn’t even the attorney from the actual law firm representing Midland. The law office hired some random rent-a-lawyer to appear and he only had from the previous night to look over the case. The judge addresses the lawyer and the rent-a-lawyer calls me to the stand to testify. I was prepared to be questioned and how to word my answers in case the lawyer tried to be tricky, and he was. He started off with a few “Yes” questions in order to get me in the frame of mind to say YES to anything he says. But when it came to the questions of the alleged debt, I was a rock. Remember, it is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. Remember everything I just said because it comes into play in the second lawsuit. Anyway, after a few minutes of denying the judge turns to me and asks what I have to prove my case. What I presented to the court was my debt validation letter that I sent months ago and how it went for the most part unanswered. The judge asked a few questions to the rental lawyer, which the lawyer seemed to get confused by the questions and my presentation of my case. Rent-a-lawyer and I went round and round over my evidence and finally he got it. I was then put back on the stand and that’s when the lawyer tried to submit what I was sent in discovery from original attorneys into evidence. The judge turned to me and asked if I had seen the documents and I said, “Yes and I object to it on the grounds of hearsay”. The judge looked over the documents, which consisted of a bill of sale, affidavits, and some print outs of what was allegedly purchased with account in question. Then the judge turned to the lawyer and told him that based on what he has reviewed in the documents, he agrees that it’s all hearsay and will not admit the documents into evidence. The judge then started on the rent-a-lawyer by asking him questions on how he could even consider a judgment in the favor of the plaintiff based on their claims. And that’s when the lawyer thru his hands up in the air and said, “Fine, motion to dismiss the case without prejudice”. RED FLAG! That’s when I turned to the judge and requested the case be dismissed with prejudice. The judge made a few comments to the lawyer about how I’ve spent time and money over this case and that he was going to honor my request to dismiss with prejudice. Finally, this five month stressful experience was all over and I’ll never go through this again, right? So I thought. The Second Lawsuit Fast forward ten months from the end of the first lawsuit and I get served again by the same law firm and Midland, but for a different alleged account… on my birthday. I want to take a moment and talk a little about Midland. If they get their hands on a junk debt that they say you owe, I can almost guarantee they will come after you based on my experience. Midland, as many already know, is notorious for filing lawsuits. But from what I have seen from them in the court room, as long as you do your homework and show up in court, you will have the upper hand. Ok, let’s get to this second bogus lawsuit. The process was the same from the complaint/summons and discovery as the first lawsuit, but this time I didn’t need a lawyer to complete the discovery because I kept the one from the last lawsuit. So, the complaint and discovery were word for word copy for the most part so all I had to do is make a few changes to make it fit. Once all the paperwork was filed with the court and copies sent to the Midland’s lawyers, I sent a debt validation letter to the law firm. I figured what the hell, why not. It was the same format as the letter I sent in the first lawsuit and I got back the same garbage from the debt collector (law firm) as I did in the first lawsuit. The hearing date comes and goes and a trial date is set by the same judge as the first lawsuit, which was a good thing for me because I knew what to expect from the judge and how he worked. A week before the trial everything changed and I thought I was doomed. I was getting my mail and received an 8 ½ X 11 size envelope from the lawyer. Now I’m thinking, great, what now. What they sent me was a Notice of Exhibits and Witnesses for trial and a Notice of Intent to use 902(11) Evidence. Ok, let’s break this down. The exhibits and witness consisted of the same documents that I received in discovery except, one new document that was titled Book Records Affidavit or something like that and two female names and mine were listed as witnesses that may be called upon at trial. Up until I received all this new info, I was confident in my case, but all that went out the window and I felt like I did during the first lawsuit. Again, a day goes by and the panic turns to anger and strength to get my head on straight. First I realized that Midland was trying to scare me into believing that they were going to fly witnesses from out of state to testify against me. Financially for Midland it made no sense. Second, what the hell were these women going to testify to? Anyway, I prepared questions to ask them at trial and planned on objecting to anything they say on the grounds of Lacking Personal Knowledge and Hearsay. Now to the important part of the notices I received, Notice of Intent to use 902(11) Evidence. In my state this rule basically protects the plaintiff’s evidence from the hearsay rule based on the grounds that the documents were maintained accordingly by the party. I had a hard time with this one and I was going to take my chances at trial to get around the rule. On the day of the trial I was a wreck. But, I had to keep in mind that they still had to prove their case to the judge. Remember what I said back in the first lawsuit? It is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. This is how I used the above statement for my defense: Midland Funding did not have a contract with my signature or agreement from the original creditor showing I owned the debt and they didn’t show how they calculated the amount and what was purchased with the alleged credit card. Midland Funding didn’t have a contract/agreement between me and Midland stating that I owe them anything. And most importantly, as I examined the bill of sale there was not one mention that Midland Funding, LLC actually purchased or owned the specific debt that they claimed I owed. NOT ONE WORD. All it stated is that Midland bought a POOL of charged-off accounts. Everything that I mentioned above is essential for JDB’s to prove their case and they don’t have such info, unless you give it to them by agreeing to pay them. Ok, now for how it all went down in court. I get there early like last time and wait in the court room eagerly watching the clock to strike 9 am. About five minutes till 9 a tall order man walks into the court room and asks if I am the defendant and I say yes. Then he goes on to say he’s the attorney representing Midland Funding, LLC and guess what? He’s a rent-a-lawyer! This lawyer like the last only received the case files the day before and he was alone. NO WITNESSES. The rental then asked if I’d be interested in settling and I said no thank you. The judge enters; we stand, and then sit. This time we each get to have an opening statement before I get called to the stand. So, in my head I know the lawyer is going to ask the “YES” questions and try to trip me up. Not going to happen. He starts off asking basic questions like what’s my full name and address. Then he started with questions on the alleged debt. After I honestly denied his questions, he started to introduce his evidence. The rental did this in a very drawn out way by introducing one document at a time and explaining why it should be admitted. As soon as he went to submit the first exhibit, I OBJECTED on grounds of hearsay. Remember the Notice of Intent to use 902(11) Evidence, well it was used and it worked for the rental. Every document he submitted for evidence was accepted by the judge based on the 902(11) evidence rule and the hearsay rule was useless. So now that Mr. Rental had all of his exhibits entered into evidence, I was given the opportunity to make my case. I knew I had to push hard and really focus on the statements that I outlined earlier for my defense. When it came my turn to present my case I started with the easy approach. I went with the debt validation letter I sent to the law firm. I made the case to the judge that I had sent the letter and it was ignored for the most part and they failed to send me what I requested in the letter. I also made the case that what was sent to me could have been created by anyone with a computer that had Microsoft Word. The judge agreed. The letter came back into play, but I’ll touch on that in a few. At this point, the rental didn’t object to anything I was saying and the validation letter was admitted into evidence. Next, I started on all the documents that were admitted against me and that weren’t. First, where’s the contract with my signature stating I entered into with the original creditor? Judge, “Counsel do you have that document?” The rental states, NO. Then I move onto the bill of sale. I bring to the judge’s attention that there’s not one word in the bill of sale that states that Midland had actually purchased the specific alleged debt that they are claiming they own. The only words that state that Midland bought anything were POOL of charged-off accounts. No specific indication that Midland actual owns the specific debt that they are trying to sue me for. This unleashed a hail storm of questions from the judge to the rental, all of which the rental had NO answer or proof of. With that being said, I attacked with, where is the contract that states I entered into an agreement with Midland to pay them? Again, the judge rips into the rental with more questions. Judge, “Counsel, I don’t see an agreement in which the defendant and the plaintiff entered into a creditor/consumer contract, do you have one?” The rental sits for a second and then replies, “No”. After that the judge started recapping everything I pointed out and lectured the rental on how can a suit be brought forward if there isn’t enough evidence to prove their case. Now we get to what sealed the deal, if not already. While the judge was lecturing the rental he noticed something on one of the documents that was submitted into evidence by the rental. It was a credit card statement. The statement had three different dates on it and one of those dates I didn’t notice and over looked. One date was a date referencing being a member since whatever year, the next was a due date which was two years after the member date, and the last, the one I over looked had a date that went back SIX years before the “member since” date and showed interest charges. What a minute! How could interest charges be on a statement SIX years before being a member? RED FLAG! The judge then stated that the date of the interest charges date back to being thirteen years old, which puts the alleged debt eight years past my states statute of limitations. So not only does Midland have nothing document wise to prove anything, now they lack legal standing to even bring suit because one can now make the case that the statute of limitations has well come and gone. I really wish I had noticed the dates when I received the complaint/summons and had the case dismissed with prejudice at the hearing. Oh well. After piling my defense on the court and the rental, the rental puts me back on the stand for a last ditch effort to question me. He asked a few basic questions and at that point the questions he was asking I could only speculate on and that’s all I said. The rental said no further questions and I stepped down from the stand. The judge then asks to hear our closing statements. Mr. Rental’s closing statement was him just asking for damages to be rewarded to the plaintiff based on that they FEEL I owe the debt. You have got to be kidding. My turn comes and I summarize everything that I have mentioned and requested the case be dismissed with prejudice. The judge then makes a few remarks and then dismisses the case with prejudice based on the evidence provided in his court room. I hope someone can learn from my experience and win as well. Remember, they have nothing. All they will try and do is scare you. Even if the hearsay rule can’t be used, it doesn’t mean you can’t win. They still have to prove everything I outlined earlier. Stay strong and don’t give up. Good luck!
  9. Hi guys, I am new this, this is the first time I face a lawsuit. I would greatly appreciate any assistance in knowing what process I should follow regarding this lawsuit. I received the serve papers on 8th of this month and I submitted an answer Friday 11th. I will be posting pictures regarding the files I got and also the answer I submitted to court. Big thank you to @texasrocker for assisting me in the first step of the process. If anyone can help me or guide me I would greatly appreciated. Please excuse my typing and run off sentences. I really do not have any knowledge in business law so please bare with me if I ask too many questions. Steps Completed. 1. Answer Submitted 2. Can someone help with discovery part, what template can I use and do I file it at court and mail it off to the midland attorney, If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 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.) County Court 3. How much are you being sued for? 1,600+ more or less 4. Who is the original creditor? (if not the Plaintiff) Commenity Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so 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,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jun 2016 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2013 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. 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 already submitted answer should arrived by Certified mail to Midland Today 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). I submitted Answer but that is it so far. 16. 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? 14 days Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A & Exhibit B 2 Affidavits, and CC blurry terms form from Express, Bill of Sale, Most of the documents are blurry. 18. How did you find out about this site? Google 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  10. Hi guys, please check my original post I have answered the questions regarding the lawsuit I am currently facing. I already submitted an answer to court and I did sent it off to midland attorney via certified mail. I have until Monday to finish up. I believe I need to attach a discovery document, can someone help me create a template I can use. All of this is taking place here in TX. I am new to this process and I really do not know the steps I should take. If someone can assist me and guide I would greatly appreciate it. I would like to get ready for the next step as well what should I prepare and expect.
  11. I received in the mail early this month paperwork regarding a consumer credit collection complaint case being filed against me by collection agency Portfolio Recovery Associates, LLC and I have no idea what to do. Below is what I found when I looked the case up online. What should my next step be?? Viewed Date Action Text Disposition Image 10/15/2019 7:00 AM DEPT. 33 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT 04/16/2019 7:00 AM DEPT. 33 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT VACATED 12/07/2018 PROOF OF SUBSTITUTED SERVICE OF CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 10/17/2018 OF PORTFOLIO RECOVERYASSOCIATES,LLC AS TO *** WITH DECLARATION OF DILIGENCE AND DECLARATION OF MAILING ON 12/04/18 FILED Not Applicable 11/21/2018 RETURN OF NON SERVICE FILED ON ***. FEE FOR NON SERVICE IS $59.50 Not Applicable 10/17/2018 CASE ENTRY COMPLETED Not Applicable 10/17/2018 ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 10/17/2018 OF PORTFOLIO RECOVERYASSOCIATES,LLC FILED Not Applicable N/A 10/17/2018 COLOR OF FILE: BLUE Not Applicable 10/17/2018 COMPLAINT FILED; SUMMONS IS ISSUED Not Applicable 10/17/2018 CASE HAS BEEN ASSIGNED TO DEPT. 33 10/17/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 4/16/19, AT 7:00 IN DEPT. 33 10/17/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 10/15/19, AT 7:00 IN DEPT. 33
  12. Hey guys! Need help again, this is my 3rd lawsuit from midland in the past 12 months. I beat them in the two previous lawsuits and both were removed from my credit report. However, this last one has thrown me for a loop. I did exactly what I did with the last two, granted my MTC and stay pending arbitration, submitted my documents from JAMS proving that I have started the arbitration, the next day my case was closed, dismissed withOUT prejudice. I am confused to what just happened. I was granted a stay, JAMS hasn’t received payment from the attorney, my arbitration case is open, so why was my cases closed? I am not happy with the order and want it dismissed with prejudice . What I read on the JAMS site is that if they don’t pay then they close the case. Then what? I am attaching my case docket of the events as well as the orders... any suggestions would be much appreciated! @fisthardcheese @Brotherskeeper
  13. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pollack & Rosen, Joseph F. Rosen 3. How much are you being sued for? $2700-3500 4. Who is the original creditor? (if not the Plaintiff) Synchrony 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) Papers handed to my adult son at my residence 7. Was the service legal as required by your state? Yes 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? Florida, Duval 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? March 2016 12. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 13. 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). Served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? Must respond no later than 5 days before court date. Claim is Account stated. I don't believe I have a questionnaire. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. One statement from Synchrony
  14. (Backstory) Several years back I was handed a summons while my now dead ex was having his condo forclosed on him. Was busy at the time the summons looked fake and all types of things were wrong in it so I never bothered to answer their complaint. It was with first national premier bank and they were way over the statute to be suing anyway. So this was around 2008 when this happened. I lost my job and the economy collapsed then I went under and came up but there sure is a storm brewing now and I don't even know where to begin. I got credit for $250 back in 2014 swore I would never have credit nor did I want it again. Had tax returns that were sending me off on a solo journey to Europe in 2015 and right before I left they expanded my credit to 2500 because I opened up a bank account with Citi Bank one of the only banks I thought would also be in Europe so I could access my money. Citi is awful bad idea on my part. Now I know. Flash forward to now I just broke up with someone who has kept me financially unstable the past 4 years saying. He's out of the picture now but I just got a summons from capital one USA na on September 16th I received 5 alerts from every credit monitoring system that my social security number was on the dark web and my main email was compromised the one with all my info on it. So I put fraud alerts on all this stuff but I am in debt bad right now. Almost 20k I don't even know how that's possible. When just 3 years ago I was in the black. First thing I need to know is where to get an answer to complaint template so I can start filling it out . Second now with my identity compromised who I am in the answer and for that matter who are they? plaintiff alleges as follows 1. Plaintiff is a national banking Association organized and existing under and by virtue of the laws of the United States of America. Might be a stupid answer but can I deny that being virtues and laws are granted to, by and for the people, to the people and by the people. Capital one is a financial corporation who here in California the people do not recognize corporations as people so can I deny their claim of identity ? 3rd what about mine they neglected my middle name . This is their second allegation. The true names and capacities, of defendants named here in as does 1 through 5 inclusive, or unknown to Plaintiff, who therefore sues said defendants by such fictitious names, and plaintiff will amend this complaint to show their true names and capacities when the same have been ascertained. Yes this seems complicated but I'll not attorn myself and will take these mfs down American style pro se. It's a limited civil case rule 3.70 collections not complex nor a class action. In their addemndeum their are 3 steps they had to do. They never circled the number in colum c which they did x off in colum b for A6012 other promissary note collections cases. But they seem to circumnavigate the whole missing circled number with step 4. Should I file for a general dismissal because the form was missing that step and then they looked into the Department of defense to see if I was on active duty which nothing came back I did take the oath to join the army in 2003 but I was caught in a pickle because of my recruiter telling me to lie about my past then when my past came up I never got my date to go to boot camp. So it's like I joined but not really. I don't even know about that one. Good this is a novel. Sorry any help would be much appreciated. As I don't plan on paying these money grubbing fat cats 1 iota of money when the entire time 29.9 apr. After the first year. Yep that's what my rate was for 4 years with capital one. Citibank too with their card and $4000 not exaggerating in banking fees since 2015. My credit score is hovering around 450 right now. Also if this is my future and I can't afford to pay for food right now. I work the weekend so I'll make grocery money then. Should I call up my 401k and empty it for fear of garmishment. I'm a waiter so they can't really garnish my wages. Losing out on tax returns might suck but I'm more worried about the whole no id theft thing than anything especially when my Id isn't that great. I've been just run under the bus just to get up to get smashed by the train approaching. Dealing with the ID theft I had to lock all my credit reports, get some new cards. But I put quite a bit into my SSI and still need to talk to them about everything. Haven't filed a police report yet because I don't know what to do I'm being sued no one has done any wrong exept me getting behind on bills that are only stagnant and high because of interest rates on them. I don't make much probably 25k this year a good year is 30 k. Things are getting pricier rents going up and work is getting slower. Didn't really have an American dream growing up but I sure would love to be the poster child for waking America the hell up. I was taught and educated to be a consumer. Play their rigged Monopoly game. Be nationalist and turn a blind eye to the wrongs and aggressions of our leaders. To not be accurately represented. To not challenge status quo. I know better now. We are slaves. Economic slaves brainwashed to fret for our contracts and fret for our lawsuits in some 3 ring circus bullshit. The defendant prays for rain your honor.
  15. Hello All, I am looking for some help. I was recently sued and I don't know what to do. I'm trying to stay calm, but I am internally freaking out. If you one can provide any details, I would greatly appreciate. I'm interested in the arbitration path, but I'm not sure if that will help me or hurt me. Below are the details of my situations. I currently live in GA and I'm recovering college graduate. I don't have any money to spare, but I also don't want a judgement on my public record. Please Help Me! 1. Who is the named plaintiff in the suit? Velocity Investments LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ragan & Ragan 3. How much are you being sued for? Under $4K 4. Who is the original creditor? (if not the Plaintiff) Lending Club, maybe Web Bank 5. How do you know you are being sued? (You were served, right?) Served in person 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? yes 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? nothing 9. What state and county do you live in? Georgia, Dekalb Conty 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. What is the SOL on the debt? To find out: 6 yrs 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). Suit served. Must file answer within 30 days. 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? 30 days. (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. Defendant is a resident of this county and is subject to the jurisdiction of this court Defendant resides and may be served at 'insert my address' Defendant executed a electronic transaction entering a loan agreement, identified as 'account' with Web Bank. This was serviced by LendingClub Corporation Defendant received the load proceeds Defendant breached the loan agreement by failing to pay as agreed and left a balance Webbank has transferred all their rights, title, and interest in this loan account to lending club Plaintiff purchased the loan agreement and received written agreement of the debt at issue in this action Despite demand by Plaintiff, Defendant has failed to pay amount due on the loan amount Defendant is liable to Plaintiff for the sum of $XXXX.XX in principal, $XXX.XX in interest and fees, and costs of action Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. 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. Loan Agreement printed offline, Loan Disclosure printed off line, Certification of Loan Sale, Bill of Sale, two spreadsheets w/ principal, interest, payment breakdown and payment history
  16. The pre-trial meeting for a debt collection is coming up shortly and the attorney for Cavalry SPV has provided the discovery, which includes the following: As per the suit, the Citibank account was opened in 2006 1.) EXHIBIT A: A typewritten cover page (no letterhead) with only the last four digits of the credit card account, dated 5/8/2016 and an address that I have never used for any financial account (This address also does not match the statements they provided). 2.) Exhibit B: They provided a generic credit card agreement, which is dated July 2013. Note: The account was opened in 2006 3.) Exhibit 😄 Cavalry provided a copy of a letter they stated was sent to me in October 2017 ....I have no record of this letter. 4.) Exhibit 😧 Cavalry provided a data drop, which shows the account number and a lot of other details, which would not make sense to someone who does not know the coding, but what I pulled from the report was: A) Application date: 2006 B.) Signature Indicator = Y C.) Electronic Signature = N D.) Two other account numbers were stated in the data file, as well. 5.) Exhibit E: This exhibit included the Assignment from Citibank NA to Cavalry. A.) The Affidavit of Sale states 'On or about March 30, 2017, CBNA sold a pool of charged off accounts. B.) Affidavit of Sale was signed: April 12, 2017 (C.) Bill of Sale was dated: March 30, 2017 (D.) Purchase and Sale dated: 3/28/17 (E.) Bill of Sale further states: 'Accounts described in Exhibit 1' Note: I received Exhibit 1, which states a Purchase date of 8/1/2017 ****I live in Massachusetts and the debt collection regulations are as follow: 940CMR 7: If the debtor, or any attorney for the debtor, notifies the creditor in writing within the 30-day period described in 940 CMR 7.08(1), that the debt, or any portion thereof, is disputed, the creditor shall cease collection of the debt, or any disputed portion thereof, until the creditor verifies the debt and provides the debtor, or any attorney of the debtor, by first class mail, the following materials: (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected; (b) A ledger, account card, account statement copy, or similar record, whether paper or electronic, which reflects the date and amount of payments, credits, balances, and charges concerning the debt, including but not limited to interest, fees, charges or expenses incidental to the principal obligation which the creditor is expressly authorized to collect by the agreement creating the debt or permitted to collect by law; (c) The name and address of the original creditor, if different from the collecting creditor; and (d) A copy of any judgment against the debtor. Pursuant to 940 CMR 7.08(2), the creditor must provide those materials described in 940 CMR 7.08(2)(a) through (d) which are in the possession, custody or control of the creditor. If the creditor does not possess, have custody of, or control the materials described in 940 CMR 7.08(2)(a) through (d), the creditor shall cease collection of the debt until the creditor has made reasonable efforts to obtain the necessary information and provide this information to the debtor. https://www.mass.gov/files/documents/2017/09/13/940cmr7.pdf Question 1: Based on 940CMR 7 above, 'Section (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected' DOES THIS MEAN THE CREDITOR NEEDS TO PROVIDE ME WITH A SIGNED ITEM, in order for this to be a valid lawsuit? Question 2: Since the date of the Bill of Sale states a purchase date of March 30, 2017 and their Exhibit 1 states a Purchase date of 8/1/2017; is the suit invalid? Question 3: The attorney for the debt collector sent me a pretrial memorandum. I am not 100% sure how to complete the memo, since they want me to consolidate it into one memo. Do I provide them with my findings above or just state that the validation of debt is invalid? I really hope someone can help me with this. I have to get the memo back to the plaintiff on Monday. Thank you in advance.
  17. Help, my boyfriend is being sued by Portfolio Recovery Associates in Florida. We don’t have much information to go on but included the questionnaire below. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael David Kaminski 3. How much are you being sued for? Not sure, my boy friend haven’t been served as of yet, all I know it’s with smalls claims court. 4. Who is the original creditor? (if not the Plaintiff) Just found out it’s for Citibank but not sure what kind of account. 5. How do you know you are being sued? (You were served, right?) When I visited my boyfriend I noticed all the post cards from attorneys soliciting service and it reminded me of when some one gets a ticket. Asked if someone sued him he said no then I decided to search via clerks of court online and say that there’s a filing. He have not been served. 6. How were you served? (Mail, In person, Notice on door) N/A at the time of writing this due per answer in question #5 7. Was the service legal as required by your state? N/A at the time of writing this due per answer in question #5 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, never done any kind of business with Portfolio Recovery 9. What state and county do you live in? Florida [Miami] 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Clueless here as we don’t even know what account this suit is pertaining to. Would like to know how we can find out. 11. When did you open the account? (looking to see which agreement/contract may be applied) N/A at the time of writing this due per answer in question #10 12. When did you open the account (looking to establish what card agreement may be applicable)? N/A at the time of writing this due per answer in question #10
  18. Hello, I’ve been a long time lurker, but this my first time posting. I was sued by American Express Centurion Bank represented by Zwicker on February 23rd, but served to me on May 15th. The suit is for $12k. I filed a general denial answer and counterclaim against Amex. It has now been 21 days since I filed the answer and counterclaim. On June 19th Zwicker transferred the case to Suttell and Hammer who sent me a new dunning letter along with the change of counsel motion. I was planning on filing a motion for summary judgement on my counterclaim on Monday and a request for dismissal of plaintiffs case without prejudice. I have several questions: 1. Is the change of counsel a delay tactic? Why would they change law firms so close to when their answer to counterclaim was due? 2. Suttell and hammer currently represents Discover card in a case against me. I sent a request for debt validation to them. Haven’t heard back yet. Since I have virtually no assets wouldn’t this be a severe conflict of interest for both clients of Suttell? They would be fighting over the same small amount of assets. Any help and advice would be greatly appreciated!
  19. Hello guys! I am being sued by Cavalry SPV I through Gurstel Law Firm. I have been doing some research on how to go about this and I was wondering if anyone can provide me with more information on how to fight and win this lawsuit. The complaint provided is quite vague and it really just states that I owe Calvary $1252.56 but does not have any other supporting documents. It would be greatly appreciated if I could get some guidance ! 1. Who is the named plaintiff in the suit? Calvary SPV 1 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gurstel Law Firm 3. How much are you being sued for? 1252.56 4. Who is the original creditor? (if not the Plaintiff) Citi Bank 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) front door, summons given to my mom 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? i believe they sent me the 30 days noticed to verify the debt but I ignored it 9. What state and county do you live in? Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) between 1-2 years ago 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? suit served 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 15. How long do you have to respond to the suit? a couple of days. does it go by the date you were summoned or the date on the summon because the actually summon provides a contradictory statement. 16. What evidence did they send with the summons? No evidence
  20. I was served papers last night (I wasn't the one that got served even though it's for me and is it normal to just get papers stapled together and no envelope?). What is my next step? What do I do? The papers states that i have 20 days after the service of this summon to respond to the complaint by stating my defense in writing. I don't know what to write or what i should or should not write/admit. The complaint states I breached a contract. "Defendant, an individual residing in Snohomish County Washington entered into contract with Synchrony Bank/Gap for a credit account. The credit account was issued to the defendant under the account number **************. Synchrony Bank/Gap supplied the credit account to defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fee." The amount owed is not what was charged off in 2014. So I obviously do not want to pay them. The date printed by the attorney on behalf of midland is for Nov. 28, 2016, then the date of Dec. 8th, 2016 was when it was filed, and Dec. 16th of it being received. Thanks for any help.
  21. Hi Everyone, I have been sued by Cavalry SPV I. LLC, as assignee of Citibank NA, over a credit card debt in the District Court. I was not served and did not receive a summons, but now I have received a Plaintiff's Motion to retain the case on the docket, that they have filed several times after notices to dismiss. Cavalry attached an old credit card statement and an affidavit of claim to the Original Petition. Please help...Really need some help and guidance on how to handle this. Also, I was sued by Portfolio Recovery Assoc., they filed through a Justice of the Peace and I filed an answer with the JP, but think I need to do something else here too. Input much appreciated. I posted this under is there a lawyer in the house as well...fyi. Thanks
  22. Hey everyone! Brand new to the forum and need some quick help. I will try to read up on some posts but figure somebody here gonna love to hear this one. So log story short my wife is being suid by PCA Acquisitions in court here in Mongomery County Texas. I had answered the law suit with the following letter, asking for the court to dismiss the case , my first main point being that they have no surety bond filed with the secretary of state. Now today i have received a court date for August 22nd. my question is, does PCA Acquisitions still really want to peruse this after I have noted that they don't have a surety bond? Why would the judge let this continue? Or is this great for me to peruse some legal action? I'm not a lawyer and did the best research I could, but I'd figure Id get some advice on this one as it sounds like a lawsuit as well as filing a complaint with the attorney generals office for them practicing collections in Texas with no Bond? What everyone's though on this?
  23. Hi everyone. I am being sued by Jefferson Capital Ssytems LLC, who acquired my debt from Comenity Bank. I was served papers the day before Good Friday (April 29th) and unfortunately before I filed my answer, I received a letter stating that a court date has been set. However, a default judgment has NOT been filed against me. The letter states that if I do not appear in court a default judgment may be filed against me. I am just unsure as to what to do. According to them my last payment on the account was April of 2016 so I am not past the SOL yet. Any advice is greatly appreciated. My court date is May 30th.
  24. Hello everyone!! I am new to this boards and I hope I'm posting this in the right place. Last week I've discovered that I had a lawsuit filed against me by Calvary SPV for some old debt from Citi requesting judgement, I didn't know about it until I started receiving letters from lawyers and went to check on public records. And there it was! I have retained an attorney to deal with it, but meanwhile... I'm in the process of purchasing a house and have closing already set for December 20th. Lawsuit was filed on November 8, I understand this is not a judgement, but if title runs the search, will they pick up this lawsuit and how will it affect my closing, will I be able to close?? The amount of debt is 30K (it's a long story with my ex, etc...) I'm really concerned I might not be able to purchase home, even though I was already preapproved. The Citi debt is no longer on my credit report, only this law suit that just popped in at a really bad time. Should I let my lender/title know about this or what should I do if anything at all? Any advise would be much appreciated and thank you in advance!
  25. I am attempting to delete this post for personal reasons.