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Found 124 results

  1. 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.
  2. 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!
  3. I am attempting to delete this post for personal reasons.
  4. Hello, I am new, and this is my post (I hope I am doing this correctly). I am asking this question on behalf of my partner. A summons to small claims court for a credit card debt collection in the amount of $828.51 was sent to the home of my partner's mother (who was his guardian from April of 2016 until July of 2017, after he suffered a debilitating brain anerusm). His mother informed us of this summons having been posted on her front door on February 18, 2018. She scanned and emailed a copy of said summons to us. My partner does not live at his mother's address, nor has he lived at her address in well over twenty years. After leaving a care facility in September of 2017, my partner finally was able to come home (our home is 2 1/2 hours away from where all of the brain aneurysm-related issues took place). He wants to fight the debt collection in court, however, because we do not believe he has been given proper service, and has also been shown no proof the debt is his, nor does he even remember having the particular credit card in question. We are unsure of how to proceed, as he is disabled and unable to drive to the courthouse 2 1/2 hours away to address any of this. A letter arrive in the mail yesterday at his mother's house from the court, which she informed us she marked "Return to Sender, Does Not Live at This Address" (because, well, he does not live there), and set out to be collected by the mailman. The trial (according to the case notes listed on the online database for our state) is scheduled for April 18, 2018. He is not willing to have a judgement issued against him without fighting it, but he does not believe he's being given due process. Could someone please advise us on how to proceed? Also, I'm not sure if this is helpful/relevant information, but the creditor bringing the lawsuit against him is Midland Funding, and my partner is currently an SSDI recipient (he has no other source of income, nor any assets). Thank you so much to anyone who may be able to provide helpful advice!
  5. Hello everyone, This is my second time around. And I need your help. You see, I'm being sued for two credit card debts. One for Citi and another for Tj Maxx. I called the law firm that is taking on both cases. But as I'm reading the reviews they will go after me even if I negotiated with them. They'll still have the courts continue with a judgment. So I'm here begging to please help me write a response. Any advice would be well appreciated. I also have the copies of the contract the law firm sent. Should I attach it to my response as prove? If you have any questions please let me know. I plan on stating the details on the contract both of us discussed and the date and time, phone # I called and who I spoke to. I also certified the letters in which the contracts were sent back to the firm. Thank you in advance.
  6. Can anyone help me with a general denial in California? Being sued by Winn law group for Cavalry LLC. I just don't know what to put in this box on the general denial? I am not outside the statute of limitations. I was planning on fighting that they don't have proof of the debt as they only sent me a couple of old billing statements. What do I write?
  7. Here are the facts of the case: 1. I've had my Discover card since 1996 and always kept it paid off fully every month until around 2014 when I experienced the all-too-common medical expenses for the first time and ran up a debt of ~$14K and couldn't afford to make payments any more. 2. In January of 2016, after a long series of threatening emails and offers to make various arrangements, I received an email from Discover offering to settle my balance in full for 30%. 3. I borrowed the 30% (something like $4.2K) and sent it to them via check. I included a copy of the email, and wrote in three places (a post-it I attached to the email copy, the payment slip, and the back of the check) that depositing the check indicated Discover accepted the account as settled completely. They deposited the check before the 15-day limit the settlement offer had required had run out. 4. Lo and behold, I kept receiving statements that listed the remaining 70% as due. I figured it was just taking time for the settlement to move through the Discover bureaucracy, so I didn't bother responding. 5. In mid-November of 2016, a received via normal uncertified mail a court summons saying that I was being sued by Discover for the remaining 70% and that I had to respond within 30 days. CIR was representing them. 6. Since I had not been legally served, only sent a copy via uncertified mail, I figured I could move to have the case dismissed later if a judge ruled for them by default, so I did not respond to the summons. Instead, I sent a letter to the CIR attorneys via certified mail that included copies of the email offer to settle, my payment slip with its paid in full language, and my cancelled check that had the paid in full language on the back. I explained that their suit had no basis and asked them to dismiss it. 7. Apparently, they forwarded everything to a certain M. Johnson, Sr. Dispute Investigator at Discover. In late February of 2017, I received a letter from M. Johnson stating that he had reviewed my dispute, had found the balance to be valid, and had forwarded his findings to CIR. He included several of my statements and a copy of the FRONT of my payment check, but not the back with its paid in full language. 8. Shortly thereafter, I received another letter via uncertified mail informing me that new attorneys had been assigned to my case. 9. I wrote three letters--one to M. Johnson and one to each of the two attorneys I had been assigned--sent via certified mail that included copies of the offer to settle for 30%, my payment slip that included the paid in full language, and the cancelled check with its paid in full language on the back asking them again to dismiss the case. I have yet to receive responses from any of them. So what's my next move? Do I wait to see if they respond? Did I screw myself by not responding to the initial summons, even though it only came by uncertified mail and I wasn't served properly? The debt was settled fully in 2016 and I have the paperwork to prove it.
  8. Hi all, I recently found out that I have an active lawsuit with Midland Funding. However, I found this out through a letter an attorney sent me advertising their services for the lawsuit. I then requested the documents online via my county's civil court online search to view the summons and claim. I still have yet to be served summons or even indication that they have been attempted to be served, online it says the summons were issued 10/13/17. The address on the documents is my dad's house and I have told him about the situation but he hasn't received anything. When I found out about this, I panicked because I am pretty young and 'new' at being an adult, so it was all very scary. As soon as I found out about this, I contacted Midland Funding to see if I could set up a payment plan. I also explained that I never received notice 30 days prior to the lawsuit that court action would be taken, which is a requirement under Florida statutes, and that I haven't received summons either. I did provide them with an updated address. They offered me a plan but said they wouldn't drop the lawsuit until the debt was paid. I accepted the offer verbally, but have yet to receive any confirmation or documentation that this plan exists. They were supposed to mail me a contract a week and a half ago and I have not yet received it. I've read a few of the threads here but I have a couple of more specific questions that I haven't seen answered. I know I kinda shot myself in the foot by calling them for a payment plan and thus accepting the debt, but I thought I would be able to resolve this without a court date. Really my concern at this point is trying to avoid paying their court fees on top of the debt. Is that even possible? -If I do not receive the summons before the pre-trial date, should I still go? Will this increase my chance of the case being thrown out? -A few things I've read said that if they are unable to serve to the address they can try employers or publishing in the newspaper. Is that true?? What's the chance of that happening? -Should I respond to the summons though they haven't officially been served? -Really just any general advice on what I can do from here would be great. I have a little less than a month until the pre-trial date.This waiting game is really frying my nerves. Thank you! --- 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.) I'm not sure... the only other name I've seen on anything is Encore Capital Group Inc. The MCM/Midland Funding website says my account is now being serviced by them. 3. How much are you being sued for? $1,596.27 plus cost of suit 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?) I haven't yet been served. Summons are supposed to go to my dad's house and he hasn't received anything. I received a letter from a local attorney that said they got the records online and included a copy of the summons. This was not through certified mail, either, just a regular envelope. 6. How were you served? (Mail, In person, Notice on door) N/A 7. Was the service legal as required by your state? N/A 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 have an existing payment plan with them for a different account that I have been paying off for over a year. But I had not responded to anything regarding this specific account. After I learned of the lawsuit, I called them to negotiate a payment plan. 9. What state and county do you live in? Florida, Leon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? 2011 12. What is the SOL on the debt? To find out: 5 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). I have a Pre-Trial date set for 12/5/17 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? 5 days prior to the pre-trial date of 12/5/17 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. 2 statements from OC, affidavit of sale from OC, bill of sale from OC, copy of letter from MCM to me notifying me of the sale of the account from OC (addressed to my dad's residence that I was not living at). Only identifying information on these documents is my name and past address, doesn't include OC account number.
  9. I was away visiting my parents for about 10 days, and came back to find this under my door and in my mail (it was postmarked the 25th, I left on the 22nd). I live in NYC. I've been scouring the internet since I came back as to what I can do, and I'm at a loss, scared, worried, and stressed. I have 30 days to go to the court since it wasn't delivered to me by hand. I took the day off to go on Tuesday in case I go to the Civil Court to submit my answer. Basically, should I settle? I don't have the funds to, and don't know if that will stop everything. Do I submit a General Denial? Any advice would be appreciated. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC as assignee of Synchrony Bank formerly known as GE Capital Retail Bank. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Schacter Portnoy, LLC. 3. How much are you being sued for? 1947.70 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (and I think it was my Amazon card?) 5. How do you know you are being sued? (You were served, right?) I received a Court Summons. 6. How were you served? (Mail, In person, Notice on door) I received papers underneath my door, and was also mailed some, mail date dated the 25th. 7. Was the service legal as required by your state? NY- and I think so? They allow door service as long as it is also mailed. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I had mailed for a verification and never heard back, but didn't follow up like I should have. And then I checked their website, otherwise, nothing else. 9. What state and county do you live in? Queens, NYC, New York 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Oct 26, 2016 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? 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). Just a court summons right now. with cause of actions. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Nope 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. I had, but never heard back, and didn't follow up, like I should have. I am assuming they never got it? 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? 30 days. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  10. Title poses the inquiry, what is the statute of limitations on retail accounts in Missouri? My various google searches for answers provide nothing concrete, as I get different answers from different results. (Store cards, like Lowes, Best Buy, Jareds etc?) Sterling Jewelers, through an attorney, (owning brand of Kay, Jareds and a few others) purportedly contacted me today via phone through a mitigation firm (whatever that is), with a number to call and a file number to give in regards to a delinquent account from 2010 threatening civil action. They did have some personal information, however it was nothing that couldn't be attained from my credit report aside from the full digits of my SSN (and some of their information they were trying to use, for what I can figure was intimidation, was flat wrong, like purchase dates on a vehicle etc.) Trying to figure out what to do, should I just wait to see if they/or someone actually files anything with the courts and then just hand it over to an attorney? (Funny thing, the "firm" that contacted me... their number traces to Monrovia, California...not Missouri or even the tri-state area. Also, they claimed to have mailed me something middle of September, but I received nothing. I also specifically told the "lawyer" on the phone that before I would even consider proceeding, I require a validation of the debt in writing via USPS. To which he replied "we're beyond the time for validation, that won't be happening, the next thing you receive from us will be a summons from the process server" to which I replied with "Alright, see you in court then.")
  11. I'm being sued by Calvary SPV in Indiana. I received the summons today on my door and have 20 days to respond. The complaint states that the plaintiff owns an account due by me and the assignee was synchrony bank and the amount is 4000.00.They have attached only 1 exhibit which is an affidavit of debt signed by a designated agent of Calvary SPV stating they are familiar with the record keeping practices ofthe plaintiff, that Calvary is not the original owner of the debt. It states the amount owed as of a certain date with the last 4 numbers of an account number. It states the date the alleged account was opened and the date the last payment was supposedly received on 10/9/16. The affidavit is not notarized and there is nothing else attached to the summons. Can someone please help me? Should there be other information attached? How should I answer and what affirmative defense could I use? I've been reading about arbitration and the synchrony agreements have arbitration clauses. I've been looking but I can only find a synchrony retail agreement on the consumer protection bureau site for 6/17. How can I find an agreement from before payments stopped on the account? Can I request arbitration in my answer?
  12. I'm being sued by Calvary SPV in Indiana. I received the summons today on my door and have 20 days to respond. The complaint states that the plaintiff owns an account due by me and the assignee was synchrony bank and the amount is 4000.00.They have attached only 1 exhibit which is an affidavit of debt signed by a designated agent of Calvary SPV stating they are familiar with the record keeping practices if the plaintiff, that Calgary is not the original owner of the debt. It states the amount owed as of a certain date with the last 4 numbers of an account number. It states the date the alleged account was opened and the date the last payment was supposedly received on 10/9/16. The affidavit is not notarized and there is nothing else attached to the summons. Can someone please help me? Should there be other information attached? How should I answer and what affirmative defenses should I use?
  13. Okay, my name is Jayme. I am 33 years old and I feel like a child right now with this stuff. Backstory: I fell on hard times. I was in therapy for mental illness, leaving an abusive boyfriend, and lost my ability to handle working for that time. I stopped being able to make payments to my credit card and of course have wanted to. I haven't been able to get back on my feet yet, and then this happens. Some stupid daddy bought me punk served me with these papers not an hour ago and I'm in a panic. Help please. I know nothing about this. I can't afford a lawyer, I can't afford to have wages garnished as soon as I do find employment that I'm able to maintain. I WANT to pay my debts, but I am unable. I am in a bad way right now and this is just making it feel hopeless. Any advice would be much appreciated. I've got other debts too, but of course evil corporate satan that is Walmart can't just let me be until I get on my feet. 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.) Law Office of Stephen P Lamb 3. How much are you being sued for? 907.73 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Walmart credit card company...) 5. How do you know you are being sued? (You were served, right?) I was served by a little punk in a 'daddy bought me' truck 6. How were you served? (Mail, In person, Notice on door) At my front door by a dipshit 7. Was the service legal as required by your state? I don't know what that means for my state honestly. I signed nothing, and the paper that he was supposed to fill out is still blank... 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've had no contact with the debt collector. I don't answer my phone. 9. What state and county do you live in? Craighead County, Arkansas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Payment of 50 on 9/12/15 11. What is the SOL on the debt? I don't know what that means. 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). I don't know. I'm reaching out as my first line of defense. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) As of yet no. I mean I do understand I owe synchrony bank, not the debt collector. I never had a relationship with that company. I had one with the walmart credit card company. 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. I don't even know what that means 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 see no interrogatory paper. I have thirty days to respond. I'm said to owe the previously stated amount to Midland Funding LLC. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They have the statements attached to the back of the packet.
  14. Hello everyone, I was served Saturday (7/22/2017) morning with a suit for unpaid debt. This is my first time ever dealing with a legal matter and I never even been in a court before except for jury duty. I'm nervous about this and will happen and what I should be doing. The date on the summon is 8/22/2017. I am lost at what I should do by then. I really need a step by step instruction. I have read a lot online and it is getting overwhelming. Do I need to submit an appearance? what about an answer? Am I expected to show up on that return date? Or maybe hiring an attorney would be the best for this? Since I don't understand any of the stuff written in the summons. I would greatly appreciate any guidance or help from anyone here. My financial situation at the time and now still have not improve to settle on this matter. 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.) Blitt and Gaines PC 3. How much are you being sued for? $4140.89 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank / GAP 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? Not even sure if I even received anything from them 9. What state and county do you live in? Illinois - Jackson County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April 2015 11. What is the SOL on the debt? To find out 5 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). 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? 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? Date on the summon 8/22/2017. I do not receive a questionnaire regarding the lawsuit. I will attached the claims they made at the end of this post. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Copy of the last payment made on the account prior to charge-off (Exhibit 1) and an Affidavit from Custodian of Record. Also attached the whole document provided.
  15. I recently received a Summons and Complaint that I need to respond to. It was filed by the attorney of a JDB. Here are their edited down allegations. I don't know if my answers should simply be "denied" or if I should provide any details. My spouse and I are the owners of a particular business. Answer: Denied. (It's a Sole Proprietorship and I am the sole owner. ) Defendants entered into a series of loan agreements with the original creditor Answer: Denied Defendants breached the terms of the loan agreements. Answer: Denied (The complaint does not specify a particular loan number or agreement they claim was breached. ) The original creditor assigned all rights, title, an interest in the loans to Plaintiff. Answer: Denial of Knowledge or Information (Should I change this to "Denied"? Plaintiff has not furnished any documents establishing standing to bring any action. In addition, the name of the original creditor is different from the name of the bank on the loan agreement.) That as a result of the breach, Defendants owe the Plaintiff $____________. Answer: Denied My Defenses Plaintiff filed in Circuit Court. The loan agreements include a small claims court option that says disputes may be adjudicated in small claims court. Otherwise, they must be resolved by binding arbitration. In arbitration, neither party has the right to have a court or jury decide the claim being arbitrated. Also, neither party can engage in pre-arbitration discovery. Plaintiff has not specified which loan agreement(s) has been breached. The Plaintiff's complaint states I breached the terms of the loan agreements. There were several individual loan agreements. The Plaintiff does not indicate which specific loan agreement they claim was breached . Plaintiff's Standing When I received a collection notice from the Plaintiff's attorney earlier this year, I responded with a request for validation of the debt and also asked for documentation establishing their client's ownership of the account. They sent me copies of several loan documents and did not address the ownership issue. 30-Day Dispute Period Included with Summons and Complaint - The Summons and Complaint were accompanied by a sheet of paper that includes 15 USC 1692, the right to dispute the validity of all or any portion of the debt within 30-days. I already disputed the debt when I received a collection notice from the Plaintiff's attorney earlier this year. Because this "dispute period" was included with the paperwork I was served with, I'm assuming I should send them another letter to dispute the debt. I can definitely use some feedback about the wording of my responses. Also, in addition to responding to their claims, is it premature for me to ask them to respond to issues regarding proper venue, specific loan agreement information, and Plaintiff's standing?
  16. Hi everyone; I'm a newbie here and feeling way in over my head, needing some advice and wisdom from all your experience. I reside in California. I got a notice of intention dated 7/18/2017 to sue (and incur court costs) from Mandarich Law Group on behalf of Cavalry SPV for a $8900 Citibank CC balance. Last payment made 12/2013 (4 yr Cali statute of limitations not up yet). I have not yet been served any court papers. Like most people who find themselves in this predicament, I'm going thru a tough time financially and cannot pay this loan off, so it went delinquent. Now I'm in a state of near panic wondering the best strategy is short of declaring bankruptcy. I have NOT contacted Mandarich to negotiate a settlement. I'm not well versed in the arts of negotiations, and even less in the law, So, I have been speaking to a few law firms to get some options offered to me, none of which feel all kosher! Without naming names; One suggests telling Mandarich the intention to file bankrupcy, but keep putting it off until the SOL clock runs out. (for a fee of $500) One will charge $595 to negotiate a debt settlement and also get a 5% bonus for moneys saved in the process. and so on... questions: can I use the remaining 5 months left on the statute of limitations to my advantage (running out the shot clock, as it were)? Should I refrain from calling Mandarich directly and offer say 10% ( i know that is unlikely)? what are the risks of dealing with these sharks? Is it a good idea to retain legal council, and more importantly ; how do i find an honest one?? I'm trying to get this dark cloud from over my head and get this off my back. ANY advice would be appreciated!! Thanks.
  17. Hello, I recently posted in another forum, but this seemed like the more appropriate place. I am being sued by Portfolio Recovery Associates. I was served a few weeks ago and am closing in on the time I have left to file an Answer. I think the scope of the suit has me in a state of confusion and I feel as if there is nothing I can do to change the outcome of the suit. I was recently contacted by a group that wanted to arbitrate on my behalf, but I didn't feel good about what they had to offer and insisted that I pay a small fee in cash. Any advice would be greatly appreciated. I hope I am not breaking any rules by submitting another post, asking for help. 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.) Portfolio Recovery Associates Attorneys located in SD 3. How much are you being sued for? 2,300 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank / Amazon.com 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? Los Angeles, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The account was closed sometime in 2015. 11. What is the SOL on the debt? To find out: 4 Years in CA 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). Status is Pending. I was just served and am approaching the deadline. 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? Less than 2 weeks. The Plaintiff is a claiming that I owe them the balance of a debt that Synchrony / Amazon sold to them. The Plaintiff has included to pieces of “evidence” with the complaint (2 statements from Synchrony / Amazon) If needed I can include a copy of the complaint with any personal information removed. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Two Statements from Synchrony / Amazon
  18. Hi - New here. I will sum up my situation and any advice appreciated. I entered a DMP with a consumer credit counseling service to pay off about 60k in Credit Card debt after major life events made it impossible to keep up with payments. Long story short the monthly payment was too much, so the the DMP was cancelled and all cards were written off as charge offs. 1. Last payments to most of the CC were through the DMP in June 2015. So most cards officially charged off in Nov or Dec 2015 2. One item not included in DMP was a loan through Prosper. Charged off in 5/2015 14k or so 3. Since 11/2015 just been sitting on everything, took approach to pray no lawsuits etc. and make it to 2022 and have everything fall off CR. Credit already ruined so that was my initial approach. Painful , anxiety producing yes. Collection Letters, calls at all hours. None of which I responded to or do now. 4. Fast forward. May 2017. Cach LLC (i have heard all about them) sues me for 14k prosper loan they bought at a JDB . Filed early May. Still have not been served. I learned of suit first via a letter from an attorney advertising their services, so I checked court website, and alas it is there. Hearing set for early 2018. Obviously when I am served I will file and answer, as to not get a default judgement against me. I understand that CACH LLC would need to prove standing, chain of command etc. and is a JDB. In Philadelphia, the case goes directly to Compulsory Arbitration Program All claims less than 50k go to this process: https://www.courts.phila.gov/pdf/manuals/civil-trial/compulsory-arbitration-center.pdf 5. Since my whole strategy to avoid BK and just go the informal BK route, was to pray I wasn't sued, has gone to pot, what do you folks advise I do? I don't want to end up losing to CACH LLC and having a judgement. In PA they can't garnish wages, but can go after bank account. Not that there will be much in there after I am paid monthly it basically is drained to every penny. But the point is what do you guys advise now? Facts: 1. I have absolutely no savings to attempt "settling" other than maybe $500-1000 with CACH, LLC and I am assuming they won't go for this in exchange for deleting tradeline, dismissing with prejudice. Because without that, what is even the point. So my question is should I file BK now, or wait. Chap 7 or Chap 13? Or try to fight lawsuit? Not sure what the point of that would be, with all the other debts hanging over my head. 2. I own a paid off car that is a 2011 model kelly blue book 10-12k, minimal other items, and rent. I make just under the median income amount of 51, 138 for chap 7 in PA. I cannot lose my car as I need it for work, so would I have to go Ch 13? I know my car is over the "exemption" amount so how would that work? 3. I have very little disposable income, after rent, normal utilities, and about a $250 payment per month to IRS on installment plan which I have a few more years on. 4. One last question. What happens if I file BK to the lease and the apt I am renting. I have never been late on rent and have been here 5 years. Would it be best to tell landlord before filing (if I file) and ask them what they would do? Do they have to kick me out if I file? I do not owe them anything, nor am I late on any utility, etc. It is just the consumer items listed above. 5. And if filing, should I get an attorney and what would that cost to file in general? Any helpful advice would be much appreciated.
  19. I am being sued by midland funding LLC, could use to some help for pre trial or some opinions would help. Docs plaintiff provided have some discrepancies as well.
  20. Hi guys, I hope somebody can answer my question. Few days ago I received a letter from a Non-profit 501©3 company claiming that a lawsuit was filed against me; they listed he case number. Indeed, after I checked the case number, a lawsuit by the Winn Law Group against me has been filed with the LA Superior court. Total amount ~ $7,100 So first question: how do they know that? Anyhow, when I checked the online "Case Summary" I found this: Case Summary Case Number: XXYYNN CAVALRY SPV I LLC VS. XXXXXXX ZZZZZZZ Court: Chatsworth CourthouseFiling Date: 08/12/2015 Case Type: COLLECTIONS CASE (Limited Jurisdiction) Status: PENDING Future Hearings 07/27/2018 at 08:30 AM in department F43 at 9425 Penfield Ave., Chatsworth, CA 91311 OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT History Parties Plaintiff: CAVALRY SPV I LLC AS ASSIGNEE OF CITIBANK N A Attorney: WINN LAW GROUP, APC - JOHN E. GORDON Defendant: XXXXXXXX ZZZZZZZ Attorney: None Party Information Histories (Dates listed in descending order) 08/18/2015 OSC HEARING IS SET FOR 07/27/18 AT 08:30A M., IN DEPARTMENT F43 . ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY BENNY C. OSORIO, JUDGE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE AND FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740. CERTIFICATE OF MAILING FILED. 08/18/2015 CASE FILE FORWARDED TO RECORDS RE: FILING 08/12/2015 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN CHA505953021. 08/12/2015 SUMMONS ISSUED. 08/12/2015 SUMMONS FILED. However, what is a little bit strange to me is that I have not received yet any summons. Is this normal? Also, in the original note from the non-profit, they states that "you may have as little as 30 days from the filing date to respond, even if you think you have not been served properly". From my understanding, I have 30 days from the date I am served, not from the date of filing, isn't that right? Also, what does it mean "CERTIFICATE OF MAILING FILED"? If I have not received any summons, how am I supposed to know what's in the lawsuit??? In addition, could anybody help to translate this" SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE AND FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740." Thank everybody, I don't hide how concerned I am right now.
  21. I have been living in Thailand for the last two years while working as a teacher. I come back to Arizona when school is out to visit my mom and sister, and am supposed to return to Thailand in May per my contract with my employer. I haven't spoken to my dad in years but we share the name so he was served papers from Midland Funding that were actually meant for me. He told me this in a facebook message, I asked him to send me the forms but he hasn't replied. I don't know if he will or not. We don't really have much of a relationship other than being facebook friends. This is what I have been able to gather about the lawsuit online: 1. Who is the named plaintiff in the suit? Midland Funding, LLC2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) I believe it is Law Office of Jennifer Wiedle, PLLC3. How much are you being sued for? In the message my dad sent he said $800, but i'm not sure of the exact amount as this information isn't listed online.4. Who is the original creditor? (if not the Plaintiff) Credit One Bank from what I found on my credit report5. How do you know you are being sued? (You were served, right?) Message from my dad who was served, he has the same name as mine.6. How were you served? (Mail, In person, Notice on door) Unknown7. Was the service legal as required by your state? UnknownProcess Service Requirements by State - Summons Complaint8. What was your correspondence (if any) with the people suing you before you think you were being sued? None, I have never heard of them before.9. What state and county do you live in? I live in Bangkok Thailand (I can provide proof of this as I am registered to vote while living abroad and have emails from Maricopa County showing that), but currently am staying in Pinal County, my dad was served in Maricopa County and that is where the court is. My last address in Arizona was in Maricopa County but all of my bank statements show my mothers address in Pinal county.10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Date of First Delinquency Sep 01, 201311. What is the SOL on the debt? To find out: 6 yearsStatute of Limitations on Debts12. 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 looked it up online and it only says New Case. It does not have any case information listed as of yet. My dad sent me the message on Saturday March 25th, so I imagine that is the day he was served.13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No14. 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. No15. 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? From what I have seen in other threads I believe I have 20 days.Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Unknown I guess my question is how should I proceed? Should I just file a motion for arbitration? How do I obtain copies of the served documents? I really don't want a default judgement against me, but if it did happen they wouldn't have any avenues to collect it as I have a Thai Bank account (I should note, I do have a couple US bank accounts but there usually isn't much cash in there) and no property or job here in the United States. But I will move back one day so I would like to get this taken care of while I have a chance. Any advice on how to move forward would be most appreciated. Thank you in advance.
  22. I had an account years ago called "PayPal Pay Later", which was administered by GE Moneybank. I lost my job in November of 2010, and was unable to make further payments - in fact, I was unemployed for over two years, and was called a "deadbeat dad" by the Friend of the Court because I was unable to pay my full child support payments from my unemployment checks - in fact, they confiscated several tax refunds, such as they were, to pay the back amount. The debt has been sold twice that I know of - possibly more. The first time I was aware of it, I told the collectors I had nothing to give them (they asked the usual questions, including "do you have anything of value you can sell?" - which I do not, as everything of value I once had, I sold in a vain effort to keep my house from being foreclosed on, hoping I would find employment before then). That company continued to try to call, then stopped. I did not hear from anyone for a long time afterwards. When I finally did get a job, I ended up with so much being taken out in child support, plus health insurance (the court requires me to take out health insurance on my kids, despite the fact that their mother makes more money than I do - by a significant amount - and has insurance through her employer, which is the state correctional system), that I have to live with my parents in order to provide my children with a decent living environment when they are with me - I can't even afford the rent on an efficiency apartment, which is hardly suitable for my kids! I have barely enough left over to pay for gas and insurance on my car, plus my necessary medications. I drive 60 miles to the nearest VA clinic because gas is cheaper than the medical bills for a simple doctor visit (I once incurred a bill from my local hospital for just over $400 for basic blood work, which took me over 2 years to pay off)! I got a letter from a company called "Taurus Law Group LLC" in MA in October informing me that their client had purchased my debt. I ignored them, as I had nothing to give them to begin with. They called and left a message asking me to call them on November. I put that number on my blocked list. They called me from another number and left another message yesterday, asking me to call them. That number is also blocked now. It is past 6 years since I lost my job, and Michigan's statute of limitations is 6 years. Can these bozos still sue me (for money I can't afford to give them, no less), now that they are past the S.O.L.? Can I simply send them a letter telling them to cease and desist, and that they ARE past the S.O.L., and that further attempts to collect will be treated as harassment? I have received no further letters from them, just the two phone calls simply stating who they are (with no notification as to who they are calling), that it is an "attempt to collect a debt", and a person and phone number to call.
  23. I have been served by Portfolio Lawsuit for collection of a credit card debt. I am looking for help in responding to the lawsuit in Brazoria County Texas. I just can't afford an attorney for the fees they are asking at this point in time. Any help would be appreciated. Thank you, Patrick