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Found 124 results

  1. We have been served papers stating we are being sued by this law firm in WI. We are not sure what to do. Please help if you can. We do not owe this debt!!!
  2. I was just served a summons by Calvary SPV. I know I need to answer but there are many discrepancies in their complaint. They allege that they have previously made demand for payment which they have not. They state they have purchased an account from capital one. To prove the purchase of the debt they have some sort of bill of sale(I have attached a copy) The bill of sale has NO INFO whatsoever to state that they purchased an account with my name and in fact they have "whited out" quite a bit of information. They do attach a copy of an old bill with my name from capital one but the amount that the bill they attached is less than the amount they say I owe. The complaint itself has no court date. But when I go to the court's website I see the following information with regards to a court date{02/01/2019 at 08:30 AM OSC 3.740 COLLECTIONSDEFAULT JUDGMENT} Does this mean my court date isn't until 3 years away? I am not sure if this is important or not but on the court website they have my middle name incorrect. My middle name starts with the same letter as the incorrect name they have on file with the court. On the complaint they just have my middle initial. Any assistance anyone can provide would be most appreciated
  3. In 2008, I was in the market for some furniture and wanted to build up my credit. I decided to go to Rooms-to-Go. After picking out a set I liked, I sat down with the salesman to negotiate the terms of the loan. I explained that my current budget wouldn't allow me to go over $80.00 per month and he said he understood. I signed my name and the furniture was promptly delivered to my home. A few weeks later, I received my first bill. It was about three times as much as I could reasonably afford. I immediately called Rooms-to-Go and requested to speak to a manager. I explained the situation, what the salesman and I had spoke about and figured there must have been a mistake. The manager was less-than-helpful. I then decided to reach out to the company that my loan was actually through; TD Financial. I explained to them I was unable to make this payment and asked the payment to be reduced. They told me the terms were set and could not be renegotiated for six months of on time payments. My pleas fell on deaf ears, they didn't care about my financial situation or my credit score. I paid the first payment, to avoid being charged with credit fraud and didn't give another dime. Rooms-to-Go and TD Financial screwed me. They lied to my face, ignored my objections and refused to help me. The furniture itself began deteriorating nearly as soon as I got to use it. The seams split, the springs poked out and the recliners gave up on working without a hard jolt. Eventually, I ended up having to wire the recliner in the closed position, as it started popping open intermittently. So, for 6 years and 6 months I've dealt with this stain on my credit. As you may know, at 7 years it drops off. I've steadily built my credit up with cards and a better financial situation but this blemish was about to drop off. Then I got a letter in the mail. A very conveniently timed letter from Velocity Investments, LLC, saying that I was being sued for the debt. I was livid. How dare they try to come BACK to screw me, when I have just a few weeks before this whole issue would be forever behind me. I read articles and watched videos and researched as much as I could. It turns out that buying debt is a multi-faceted (and very scammy) business. Companies that write off loans sell the debt for pennies to collection agencies. The collection agencies will attempt to collect for a time and, when it goes uncollected, it will be resold. Over and over, changing hands until it reaches one of the bottom-of-the-barrel collectors. Velocity Investments, LLC is one of these bottom feeders. i love clark howard. www.clarkhoward.comTheir entire business model is as follows:Buy old debts that are nearing their 7-year drop off.File lawsuits against every name on their spreadsheet.Try your damndest to get a default judgment against people. How do they accomplish getting a default judgment? Easy. The first summons is basically formalities. Nothing will be done, unless either party doesn't show. I went to my first summons and Velocity Investments, LLC was not there. The Judge asked me if I wanted to throw out the lawsuit, I said yes and that was that. Why didn't Velocity Investments, LLC have representation then? Because, they aren't interested in litigation or fighting for the money. They let everyone who's going to show up to the meeting, throw it out of court. Anyone who missed their first summons will likely miss the second and Velocity Investments will get a default judgment against all these individuals, garnishing wages and securing money from almost-seven-years-old debt. Below I've added a few links that back up my claims and tells others' stories. http://www.creditinfocenter.com/community/topic/324059-i-won-against-velocity-investments-llc/#comment-1299215http://www.clark.com/know-your-rights-when-dealing-debt-collectors
  4. Sort of off topic from collections but more about insurance claims When you want to sue in California Federal court you have to put on the complaint about Venue , Intradistrict Assignment, and Jurisdiction. The actual event occurred in another state and the plaintiff also resides in Southern California- Los Angeles. Wonder if anyone can point me to an example of the verbage to say for Los Angeles County on the complaint. How much detail is requested or can it just be simple? I know that goes at the top above or below the introduction.
  5. 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.) "Racquel A. White ESQ. FBN 0392669" 3. How much are you being sued for? Less than $1,000 4. Who is the original creditor? (if not the Plaintiff) HSBC (Credit Card portfolio was bought by Cap1 after that) 5. How do you know you are being sued? (You were served, right?) Process Server 6. How were you served? (Mail, In person, Notice on door) Notice on door 7. Was the service legal as required by your state? I don't believe so, I called the process server as he left his contact info with someone I live with who refused to take any paperwork from him. I called him to serve me the papers however he just left them wedged in my door. The link provided lists that he has to leave it with me or someone I live with. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I have never had a conversation with them on the phone that I know of. 9. What state and county do you live in? Florida, St Lucie County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe it was in 2013. 11. What is the SOL on the debt? 4 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). The online website says "Case Filed - Pre Trial Conferences Set" 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have disputed the debt with Transunion previously stating I had no contract with Portfolio, to no avail. 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. Not from the OC or the JDB. 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 did not receive a questionnaire. I believe I have to be present for the pre-trial conference in about a month. Complaint: 1. This is an action for damages less than 5,000. 2. Defendant obtained and used a Citibank, N.A. / Best Buy revolving credit account ******#### (the account) 3. Plaintiff is the successor in interest of said account having purchased said account in good faith, for value, and in the ordinary course of business. (See Attached). 4. Defendant did make purchases and charged same to the Account, but after statements were provided to Defendant, Defendant failed to make the monthly payments due upon the account and failed to object to the balance then owing, resulting in an account stated in the sum of $###.## (Exhibit B ) 5. Plaintiff has declared Defendant to be in default and demands payment of the balance due on the Account. Defendant has refused said demand. 6. Defendant is indebted to plaintiff in the sum of $###.## 7. All conditions precedent to this action have occurred. 8. Pursuant to Rule 2.516 Plaintiff designated the following e-mail addresses for the purpose of service of all documents required to be served pursuant to Rule 2.516 in this proceeding (Lists about 20 e-mails.) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A : Affidavit for a custodian of records from portfolio recovery associates stating the debt is mine and is rightfully owed to them. Exhibit B: Bill of Sale and Assignments, document is not specific just stating that the bank sells, assigns, conveys etc the debt to Portfolio Recovery Associates however does not have my name or account number in the document Exhibit C: Statement from May 2014 with account balance listed My debt is small however I really do not want to pay portfolio recovery associates. Is it worth taking the risk to fight it or should I just settle for a smaller amount with them? Thank you for any help!!
  6. I made payment arrangements with a law firm back in October, 2014. They have since disbanded and are seeking payment in full. I have made all my payments according to the payment plan, they have cashed my checks & are still continuing to cash my checks. They have now filed a lawsuit demanding payment in full. I need to file my answer. I am not denying the debit. However, I am denying paying it in full since I have a payment arrangement prior to this. What do I use for my defense in my answer to the lawsuit?
  7. I just got served on Saturday - for a BOFA credit card with $30,000 charge-off. As far as I remember, I got this credit card as a "secured credit card" by putting a $500 deposit to use, back in 2008. I can't remember clearly but I believe I applied for it at a bank branch - since you have to put in deposit - Not sure if I signed anything or not, it's been years. After 10 months or so, they refunded my deposit and turned this card into unsecured card. Fast forward years, my limit kept increasing and eventually it was $27.5K. I defaulted, it got charged off with $30K and now the lawsuit. Any opinions on how to approach this would be great! ------------------------------ 1. Plaintiff is wholly-owned subsidiary of Bank of America Corporation and the successor in interest to FIA Card services, formarly known as MBNA America Bank, NA. FIA was merged into and under the charter and title of Plaintiff effective October 1,2014. 2. Defendant is an adult individual residing in this county 3. Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the Account). Defendant used or authorized the use of the account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement (Agreement) governing use of the account with plaintiff. 4. Defendant breached the agreement by failing to make periodic payments as required thereby and the account was subsequently charged off. The entire balance on the account is owed to Plaintiff and is presently due and payable in full. 5. The current Account balance is $30K, which includes any applicable payments and credits. The account is not accruing post charge-off interest. 6. In accordance with federal regulations, monthly periodic statements for the account have been provided to the defendant. Attached hereto and incorporated herein as Exhibit A, is a copy of the last periodic statement provided to defendant prior to charge-off. Based on Plaintiff's records, there are no unresolved billing disputes related to the account. 7. Defendant's last payment on the account was made on November 18, 2014. I certify that the matter in contraversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated and no other parties should be joined in this action in accordance with Rule 4:5-1 (b) (2). --------------------------- 1. Who is the named plaintiff in the suit? Bank of America NA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law offices of Frederic I. Weinberg and Associates 3. How much are you being sued for? ~ $30,000 4. Who is the original creditor? (if not the Plaintiff) Bank of America 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, by the Sheriff 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? No correspondance 9. What state and county do you live in? Bergen County, NJ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11/2014 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 on Saturday. 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? 35 Days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only copy of 1 credit card statement.
  8. I am on currently on disability. I have a B of A credit card debt ($11K) that was charged off three years ago--before I had been awarded my disability. I have not heard anything from that creditor in over two years. Last week I received a summons/complaint from a law firm (Howard Lee Schiff) on behalf of the original creditor suing me for the debt. I live in RI -the case was filed in Superior Court. I thought the debt had gone to collection because I had received letters from collection agencies prior to and shortly after charge off- I just checked my credit report and it is not showing it as out for collection. I have other credit cards but I am current on those payments. I am not able to file bankruptcy at this time (my father died last year and will inherit a portion of the proceeds from the sale of his house-it has been on the market for 18 month with no interest-it wont be very much but more than the amount of the debt). I need to file my answer. I think there is a problem with the complaint that I can raise in my answer- The complaint does not include an account number. It says that there is an exhibit with a copy of my last statement as proof of the debt. There is no exhibit attached to my copy or the copy filed at court (I went to the clerk's office to check). The amount due matches the amount on my credit report. The account was opened in 1989. I am hoping to settle this and would be able to make a lump sum payment of $5.5 K-maybe $6K. I have read that it is best to file an answer before making a settlement offer. Does this sound do-able pro-se? Because there is no proof of debt included, I was thinking I would admit that I opened a Bof A account but Deny the other parts because they are vague. Any advice is greatly appreciated.
  9. Hello Everyone I firstly wanted to say THANK YOU ALL for this amazing forum. Because of you guys I now have the knowledge to take on these jerks! I'm in the discovery phase of my case, and I wanted to check with you all on the wording of my documents and also get help with being 'disrespectfully respectful' in my interrogatories haha. This is actually the second time PRA is suing me for the same debt, which I wasn't sure they could do because of res judica. But because they just sell it to other JDB's apparently the cycle can just continue on and on. Blehhhhh. So in my answer to PRA, I chose to deny everything. I also didn't give any affirmative defenses. For the Request of Admission, I denied all the allegations because they haven't proven standing/ownership of the account. All they sent were billing statements with my name and former address showing a payment that was made on 11/25/2012, along with one other billing statement with the new outstanding balance. From what I'm seeing, this is pretty standard for some cases, as that's usually all they have. I already sent a BOP Via CMRRR and that's what they sent me in response (two billing statements), even though I also asked for the contract that proves their ownership of the alleged debt and so far have received nothing. I'm working on my own Discovery and would like to send it at the same time as my responses to their Discovery. I still have two weeks before the deadline but If I can get this done I'll send it first thing Monday morning. Here's what I have for my Response to Request for Production of Things: Their requests: 1. All correspondence, whether original or copies, sent by you to Plaintiff PRA or to GE CAPITAL RETAIL BANK and/or to any collection agent or agency purporting to act on behalf of PRA or GE CAPITAL within the past 5 years regarding any problem with your former GE CAPITAL credit account number 60xxxxxx 2. All correspondence, whether original or copies, sent to you by plaintiff PRA or by GE CAPITAL and/or by any collection agent or agency purporting to act on behalf of PRA or GE CAPITAL within the past 5 years regarding any problem with your former GE CAPITAL credit account number 60xxxxxxx 3. Copies of each canceled check, money order receipt, bank account debit and other similar evidence of payment for the last payment made by you or which was made on your behalf on your former credit account number 60xxxxx with GE CAPITAL. (If you cannot find a copy of the last payment, send a copy of the last payment you are able to locate. 4. Any and all documents supporting the affirmative defenses alleged by you in this action 5. Any and all documents supporting any and all of your general or specific denials of PRA allegations in this action. RESPONDING PARTY hereby answers PROPOUNDING PARTY’s Request for Production: RESPONSE TO REQUEST FOR PRODUCTION NUMBER  1   : After diligent search and reasonable inquiry in finding requested items, defendant is unable to comply because defendant has none at this time, but if any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   2   : After diligent search and reasonable inquiry in finding requested items, defendant is unable to comply because defendant has none at this time, but if any become known to the defendant during the proceedings the defendant reserves the right to present those documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   3   : Objection. Over burdensome and oppressive. Locating such documents will cost $20/hour for bank to locate evidence of payment among over four years of bank records, as well as the incurring costs for copies of each statement. RESPONSE TO REQUEST FOR PRODUCTION NUMBER   4   : After diligent search and reasonable inquiry in finding requested items, Defendant is unable to comply with request because defendant has none, as no affirmative defenses were given. If any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   5   : After diligent search and reasonable inquiry in finding requested items, Defendant is unable to comply with request defendant has none. If any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time The tricky part for me is answering their interrogatories without giving them any ammo. Their Interrogatories: 1. Did you ever submit a request for a credit account to GE CAPITAL RETAIL BANK? 2. Did GE CAPITAL issue a credit account number 60xxxxxx in your name? 3. State the approximate date you opened the credit account (for the purpose of these interrogatories, the credit account shall mean credit account issued to you by GE CAPITAL account number 60xxxxxx). 4. Identify (for the purpose of these interrogatories, identify shall mean to state the name, address, and telephone number) each and every person other than yourself who has ever had possession of any credit card for the credit account. 5. identify each and every person who you ever authorized to use the credit account 6. did you use the credit account? 7. Is $1,5XX.XX, the amount set for in the complaint in this case as the sum owed as of January 19, 2016, your balance due as of that date on the credit account? 8. If you do not agree that $15XX.XX, the amount set forth in the complaint in this case as the sum owed, is your balance due as of January 19, 2016 on the credit account, state all facts upon which you base your denial that the sum of $15XX.XX is your balance due as of January 19, 2016 on the credit account. 9. Did you ever report to GE CAPITAL (for the purposes of these interrogatories, GE CAPITAL shall mean and refer to PRA and/or its predecessor, GE CAPITAL, and/or any collection agent or agency purporting to represent PRA or GE CAPITAL, as to this account) that the credit card for the credit account was lost or stolen? 10. Did you ever report in writing to GE CAPITAL or PRA that there was any problem with the credit account which problem remains unresolved? 11. Did you receive periodic statements from GE CAPITAL regarding the credit account? 12. State the approximate date of your last payment to GE CAPITAL on the credit account. 13. Have you ever corresponded with GE CAPITAL in writing regarding the credit account? 14. Have you ever corresponded with PRA in writing regarding the credit account? 15. State all facts upon which you base your denial of the complaint in this action. 16. State all facts upon which you base each affirmative defense to the complaint in this action Here's what I have so far for my response to their interrogatories: Interrogatory 4: N/A Interrogatory 5: N/A Interrogatory 9: Objection. Argumentatuve and lacking in foundation, as this question assumes facts that are not in evidence. There is nothing in the record that supports the claims made in Plaintiff's question, and these claims cannot be assumed without unfairly prejudicing the Defendant. Interrogatory 10: OBJECTION Argumentative and lacking in foundation, specifically that any such billing statement was received. Again, thank you all from the bottom of my heart for creating this site. I can't thank you enough!
  10. I was just served a summons by Calvary SPV. I know I need to answer but there are many discrepancies in their complaint. They allege that they have previously made demand for payment which they have not. They state they have purchased an account from capital one. To prove the purchase of the debt they have some sort of bill of sale(I have attached a copy) The bill of sale has NO INFO whatsoever to state that they purchased an account with my name and in fact they have "whited out" quite a bit of information. They do attach a copy of an old bill with my name from capital one but the amount that the bill they attached is less than the amount they say I owe. The complaint itself has no court date. But when I go to the court's website I see the following information with regards to a court date{02/01/2019 at 08:30 AM OSC 3.740 COLLECTIONSDEFAULT JUDGMENT} Does this mean my court date isn't until 3 years away? I am not sure if this is important or not but on the court website they have my middle name incorrect. My middle name starts with the same letter as the incorrect name they have on file with the court. On the complaint they just have my middle initial. Any assistance anyone can provide would be most appreciated
  11. 1. who is the named plaintiff in the suit? National Collegiate Trust 2. what is the name of the firm handling the suit? Patenaude & Felix A,P,C 3. how much are you being sued for? 28,xxx.xx 4. who is the original creditor?(if not the plaintiff) Union Federal Savings Bank 5. How do you know you are being sued? (you were served, right?) I was served 6. how were you served? In person 7. was the service legal as required by your state law? Yes 8. what was your correspondence (if any) by the people suing you before you think you were being sued? I sent them a letter to three different addresses denying the debt in 2013 and asked them to stop contacting me because I believed it was included in my 2010 bankruptcy. 9. what state and county do you live in? Arizona: Maricopa County 10. when is the last time you paid on the account? (looking to establish if you are outside the statue of limitations) Never made a payment; the loan was taken out in 2007 and went into default in 2010 during my bankruptcy. I thought it was included so I started the process of rebuilding my credit. In 2013, I received a bill from them and sent them the letter I mentioned above. 11. What is the statue of limitations on the debt? 6 years 12. what is the status of your case? suit served? motion filed? Answered with a general denial of all allegations on 10/7/2015. Plaintiff filed 1st amended complaint on 10/13/2015. I filed a motion to strike 1st amended complaint on 11/2, citing it was filed without being signed by the attorney, it was not conformed, and plaintiff did not have leave of court (no idea if it was accepted?). Notice of Disclosure statement filed on 11/18. 13. have you disputed the debt with the credit bureaus? (both the original creditor and the collection agency) Yes. I have disputed it every time it shows up on my credit report because I thought it was included in my bankruptcy. I found out recently (after talking to a lawyer) I would have needed to go through the adversary process when I filed bankruptcy, but the bureaus have removed it every time. 14. did you request debt validation before the suit was filed? No. 15. how long do you have to response to suit? I already responded. I am looking for advice on whether I should continue to fight this (it's subject to compulsory arbitration) or try and settle. I have been advised my current life situation makes me collection proof, but I have a little bit of a 401k I can cash out to settle this if I absolutely have to. I am in a master's program that will have me unemployed for the next 3.5 years, but I don't want to worry about a judgement following me around. I also don't want to cash out a protected asset to settle a debt I thought was discharged. 16. what evidence did they send with the summons? an affidavit? statements from the oc? contract? list anything they attached as exhibits. The first set of documents I received contained a summons, certificate of compulsory arbitration, plaintiffs complaint citing "breach of contract," "open account," and "account stated" with nothing attached. There was NO account number listed in any of this and the plaintiff referred to it as a "line of credit." ​The amended complaint just lists "breach of contract" and the description is changed to "loan for academic purposes." Attached was the "note disclosure statement" and "non-negotiable credit agreement" from the original creditor with my signature. They also attached what looks like a very generic "pool supplement" because none of the information is specific to my account. It lists three people as "witnesses" to the agreement but the names are typed out and there is no physical signature. The amended complaint was not signed by the attorney, it was not conformed by the court, and it was filed without leave of court based on the date I responded.
  12. My question involves an entry of judgement in the State of: Washington, DC Two 1/2 years ago a debt collector sued me for a credit card debt. We settled and a judgement was NOT entered. As long as I made $75 dollar payments a month until the payment was paid off, then debt would be resolved. Fast forward, early 2015 I was told my last payment was due on August 2015. I made my "last" payment in August of last year. Three months later I'm being sued and entry of default has been set against me because I didn't make the last two payments. It seems, that sometime between August 2015 and December 2015, the law firm that I originally dealt with and settled with, was sold to a bigger law firm. They, the bigger law firm, now want the entire amount. I tried explaining to them that I was told the last payment was in August but of course, I can't remember who I talked to. I also was never given a reminder that I was late on a payment. Anyway, 98% of my payments were made on green dot pre-paid credit cards. I learned from here to never pay debt collectors/law firms using your checks. The other 2-3% were made via money orders. I still have all of the green dot cards but because I didn't register my name and information, I'm trying to get them to send me records. Anyhow, I just received by mail, from the law firm, regarding the history of my account. The history shows the the first payment until the last payment which was August 2015. It CLEARLY shows - that I made all my payments every month with the exception of the last two $75 payments. I got a court date this Wednesday. Is there anything I can say to the Judge to avoid this to turn into a judgement? Thank you ....
  13. Hello All, I am in the process of responding to a request for admissions and one of the requests is: Admit that you never sent a written dispute if any billing statement within sixty (60) days of receiving that billing statement. I actually did send a letter denying the debt was valid (because I thought it was included in my BK and I still have a copy of it) but I am worried that answering "DENY" will be considered an admission of guilt. Can anyone give me advice on this?
  14. Happy Thanksgiving to All! I am being pursued for a lawsuit against Mandarich Law on behalf of Cach, LLC. The suit is for just over $1,000.00 dollars. The debt stems from years ago. I belive i do fall within the statute of limitations as it looks like in Feb. 2016, is the 6 year mark (i believe the SOL is 6 years here in Oregon) I'm looking for all of your input from experiences as i need as much guidence and help as possible. I've reached out to @Mrj9182 and have been met with great kindness and offerings of heroism to which I'm so thankful for! ANY of you folks who are willing to chime in, I can't thank you enough! My Answer to their complaint is due in on this coming Monday, btw. -OregonAce
  15. I tried to get a home loan back in 2012/13. When they pulled up my credit report, there was two accounts from BoA on there that I had no recollection of. I disputed those items on my credit report and they came back verified. A few months later, I was hit with a hold on my funds in my bank account... Fast forward a month and I find out that BoA had received a default judgement against me in court. I go to the court and request all the information regarding their complaint and proof of service. I find out that their "proof of service" was no proof at all. They served someone who wasn't at my address and in all honesty had no description of anyone I know or who would be related to me. I wind up filing a motion to vacate the judgement. I wrote the motion all by myself and served it to BoA's attorneys on file with the court. They respond to my motion but ultimately the judge rules in my favor and I get a chance to fight these guys in court. I go to my court date to fight the debt and we finally get our case number called up. I tell the judge the merit of my motion and that I dispute the debt and that I would like to call their process server as a witness to cross examine them as to who they served the complaint to. The plaintiff's attorney's said that the process server doesn't live in the state anymore and can't be called for questioning and then pleaded with the judge for an adjournment and the judge complied. So after we step down from being in front of the judge, the plaintiff's attorney begged me not to pursue this case in court anymore and they would release the lien on my bank account and have BoA removed the erroneous accounts off my credit. Push comes to shove and I stupidly believed these scumbags, so I sign a motion to dismiss without prejudice in order to have my funds released and I was hoping that they would follow through with removing those accounts from my credit. Instead, BoA decides to just start reporting these bullsh*t accounts now every month as a way to punish me for beating them in court. I emailed the CEO of BoA and asked them to help me resolve this matter without litigation and they said no way. Now I have no choice but to bring a FCRA suit against them and this is where I will need advice. This is what the account looks like as it is currently being reported on my credit... I need to know when does the countdown begin before this negative item falls off my credit report. According to the person I've been speaking with at BoA it is 7.5 year after the charge off date. According to how they are reporting it, it says it was a CO in April of 2011. How can that be correct? I also want to know what would be the best way to begin discovery before I even file my FCRA with the courts? I want all the records BoA has on these accounts so that I can review them for inaccuracies so I can nail them like the scumbags they are in court.
  16. In April 2015 I received a debt settlement letter from Synchrony bank to pay off my account for 1/3rd of the balance. I was in a bad spot financially so I jumped on the offer. The offer letter said I had to contact them by a certain date which I did. I spoke to a rep who gave me instructions to send a check along with a copy of the settlement letter via CMRRR which was done. Synchrony received my check but never processed it because they signed for it 2 days PAST the date to contact them on the settlement letter. They claim since they received it past the settlement date on the letter it was not accepted. My case is that I DID contact them PRIOR to the date and arrangements were made and followed through to pay the debt, Synchrony is saying that since they received my check past the date on the settlement letter to contact them they did not process the payment. Subsequently they sent me to collections and now a civil lawsuit. I have the signed green card, copy of the settlement letter sent to me and a copy of the letter I sent to them along with my check. The lawyer's office for Synchrony has sent me INTERROGATORIES to answer which I have no problem with because its all information I've provided to them previously but my question for the forum is: Can I serve the Plaintiff (lawyer's for Synchrony bank) interrogatories of my own? They are telling me "Synchrony refused your payoff because it arrived 2 days late" and I would like to know if I have the right to know who at Synchrony has the authority to say that + I would like to bring in the recorded conversations done by the attorney's office if it comes down to it in court. I think a judge would find all of this to be a waste of time but I will not pay Synchrony 4 times the amount I believed I settled for.
  17. Hello. I have an old debt with Kay Jewelers (credit card account). November 2014 was contacted about debt (and not knowing what I know now) paid the debt and thought it was over. Never received any confirmation of the debt or that I paid it. The only proof is the amount on my back statement. Fast forward to August, I begin receiving calls about the debt mentioned above from a company called RW Financial. They state that they own the debt and that I must pay, or they will take me to court for the amount. I began by calling Kay and following the companies that bought the debt till I learned that this debt has passed the statute of limitations and that the clock started 7/9/11. How do I get rid of this company and avoid going to court? I would like them to stop harassing me. I found this letter in the information on this site and wondered if it would help to send to RW Financial. "Date Your Name Your Address City, State Zip Collection Agency Collection Agency Address City, State Zip Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: I am continually being called on the telephone by your firm over an alleged (fill in the amount) debt. According to the information given to us by your firm, the date of last activity by the original creditor was (date). The State of Limitations on this alleged debt, even should it be ours, is X years in the state of (your state). Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute: [15 USC 1692e] (2) The false representation of -- (A) the legal status of the alleged debt and ( any services rendered or compensation that may be lawfully received by any debt collector for the collection of a debt. I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and, therefore, you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA, I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me. Sincerely, Your Signature" Thanks for all of your help.
  18. I was served this (Sheriff left the packet by the door and then mailed me one page Summons). The plaintiff is a debt buyer and the attorney is just the owner of one of the owners of the JDB. I would really appreciate it if I can get help regarding answering this Lawsuit. I need to answer it first and then later address the affirmative defenses and possible counterclaims. I don't have anything on account. Not sure even if there are the same last digits of the account that they mentioned so I am not sure of the SOL. Please find below what I received and help me draft an answer. I did have a CITIBANK card a long time ago but it had a limit not even half of the JDB is alleging. This is in Massachusetts and no form required. I have to answer within 20 day. However, I only have about 10 days left for this and would like to be done with it ASAP as I have not have any sleep since I got it last week. xxxxxxxxx is a debt buyer and does not have to be licensed in Massachusetts since a Lawyer is representing them. The Lawyer office is the collection company and in fact he is a member of the company (may be sole owner)/. xxxxxxxxxxx is registered in Massachusetts. Thank you very much for your time and help Complaint: xxxxxxxxxxxxxxx, LLC as Assignee of CITIBANK, complaining of the defendant,XXXX Alleges as follows: 1. Plaintiff is a New Hampshire Limited Liability Corporation having a usual place of business at xxxxxxxxxxxxxxx 2. Defendant is an individual xxxxxxxxxxxxxxxxx Middlesex and the commonwealth of Massachusetts Count I: 3. The defendant entered into a credit card agreement ("agreement") account number xxxxxxxxxxx5400 with plaintiff or its assignee/predecessor 4. Under the terms of the agreement,plaintiff agreed to extend credit in consideration of defendant's promise to pay a specified monthly amount. 5. The defendant failed to make payments as they came due, thus defendant was in default of the agreement. 6. Citibank, NA assigned all of its rights, title and interest in the account to plaintiff. As a result of the above, Defendant is now indebted to plaintiff in the total amount of 12K Count II: 7. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs 1 through 6 inclusive of the complaint as if set forth herein in full 8. CITIBANK, NA, Plaintiff's assignee, conferred a measurable and valuable benefit on Defendant by allowing him/her to use credit card to obtain goods,services and other valuable benefits. 9. A reasonable person in Defendant's position would have expected to compensate CITIBANK,NA for using its credit card to obtain valuable goods and services 10. CITIBANK, NA provided the benefits to Defendant with the reasonable expectation of being paid. 11. To date, Defendant has failed to compensate Plaintiff, or CITIBANK, NA, for the benefits received. As a result of the above, Defendant in indebted to Plaintiff in the total amount of 12K
  19. **I called the attorney to ask if there was a court date set. She said she is a legal agent who works on behalf of the Lawyer's office, this is an attempt to collect a debt, etc. She offered to settle the debt and take court fees off, and offered a payment plan. I did not acknowledge that the debt was mine or take her offers. I said I would be in touch, but did not affirm anything or that I had ever had an account with Discover. I plan to file a Chapter 7 soon, but I'm trying to research as much as possible to be sure I'm prepared. I have very little property and very little income (my income has changed drastically since last year; hence, my unpaid bills). I'm thinking the best option is to file a motion to dismiss because the plaintiff provided no evidence in the complaint? I have no clue where to start, so if anyone has any thoughts, or a template or link to something similar to my situation, it would be very helpful. Thanks so much. 1. Who is the named plaintiff in the suit? Discover Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lloyd & McDaniel, PLC 3. How much are you being sued for? $1,645.54 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served by Sheriff's Dept 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 (I may have called before becoming delinquent, to request payment assistance or arrangement. I do not recall which companies I contacted, but I believe I contacted Discover and was told there was no way to arrange for any relief from my monthly payments, in spite of my financial hardship). No correspondence once account became delinquent, except to call and request that they not contact me at work. 9. What state and county do you live in? Kentucky, Jefferson County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2014 11. What is the SOL on the debt? To find out: 5 Years, 3 in Plaintiff's state 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 filed in district court, case number provided on summons 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? 20 days (currently at day 4 or 5) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. no evidence. No account number. Name and address and last four digits of my ssn, but no other evidence that I have any account. One piece of paper that states complaint: Plaintiff, by counsel, for its cause of action against Defendant states as follows: 1. The Defendant is indebted to Plaintiff in the amount of $1,645.54 2. Venue is proper with this court based on the Defendant residing in Jefferson County. Wherefore, Plaintiff respectfully requests the following relief: 1. Judgment against the Defendant in the sum of $1,645.54; 2. For Plaintiff's costs herein expended; 3. For any and all other relief to which the plaintiff may be entitled pursuant to contract, statute, or common law. That's all it contains. Just the Civil Summons cover page notifying me of the legal action, and the above copied Complaint.
  20. Very simple I am being sued by Portfolio Recovery Associates in Texas and I don't know what to do. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC assignee of Wells Fargo bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Attorney in Texas (about 200+ miles from where I am located) 3. How much are you being sued for? Roughly $5,900 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 5. How do you know you are being sued? (You were served, right?) Person came to door and handed me the citation (processor I guess) 6. How were you served? (Mail, In person, Notice on door) In person at my door 7. Was the service legal as required by your state? Do not know, woman just handed it to me and left 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Never spoke with them....EVER. 9. What state and county do you live in? Texas, Bexar County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Through the credit card company, 2012 Collection agency, NEVER 11. What is the SOL on the debt? 4 years in Texas I believe 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I dont know. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, for fear of resetting SOL 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 I did not speak or respond with them ever. 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? 14 days. I received no questionaire.
  21. Hi, I'm really hoping someone can help me because I'm extremely stressed, upset and at my wit's end. Back in 2000, someone backed into my car and I had to have it fixed. The repair man fixed it to perfection, but due to unfortunate financial circumstances, I bounced the check I gave him. He was nice enough to try to wait for me to fix things, but he eventually went to an attorney who obtained a judgment against me. Shortly thereafter, I contacted the repair man. He said all he wanted was the money owed for the fix (the original amount). I went and paid him in cash and he gave me a signed receipt and wrote "Paid in Full". I attempted to show this to the court and to the attorney, but it didnt seem to make a difference. Over the last 15 years, this attorney has tried numerous times to get money out of me. Last week, someone showed up at my house with papers stating that I needed to appear in court with bank statements, etc. I really don't understand this. The repairman (who hired this attorney) considers the debt paid, but yet I'm still being harassed for this money. What can I do? This whole situation has me in tears.
  22. Please help me reword my discovery answers and find better ones. In particular, can the plaintiff force me to sign an agreement for them to look at specific bank statements? 1. Who is the named plaintiff in the suit? Portfolio Recovery Assets 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sean Hadican, #56131 Arturo A. Hernandez III, #59684 Clinton P. Woerth, #53825 Shelley R. Porter, #59294 Counsel for Plaintiff Arturo A Hernandez III, #59684 showed up to first date. A different lawyer showed up to one court date. He said he was paid to attend by the law firm. 3. How much are you being sued for? roughly 1600 4. Who is the original creditor? (if not the Plaintiff) BANK OF AMERICA / FIA Card Services 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? I believe so as the Sheriff served it 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? Cannot remember 9. What state and county do you live in? Cole County, Missouri 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I do not know. 11. What is the SOL on the debt? To find out: 5 years in MO 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). Have recieved Plaintiff's first discovery. Had two court dates. Third scheduled. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, should I? 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Responded on time to complaint with answer. Received discovery, have roughly 20 days to respond to that. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Complaint included: Complaint on the basis of account stated Affidavit Bill of sale without attached spreadsheet, no mention of name A credit card statement addressed to me, but does not include charges only a balance. Servicemembers relief act status report (not in armed forces) DISCOVERY (redacted, names account numbers and case numbers by deletion which may result in some incomplete sentences or answers) REDACTED DISCOVERY ANSWERS AS I UPDATED THEM ALMOST ENTIRELY
  23. Hi, About two months ago, I noticed a few inquiries on my credit report that I did not recall authorizing, so I disputed each one with the companies listed on my credit report, CMRRR. Over 30 days has passed since each company has received my dispute letter; of the six or so companies that have received the letters, only two have responded. I thought that they were required to respond within 30 days after receipt of the letter or they could be sued. An attorney I spoke with stated that I had to dispute through the credit bureus first, but that doesn't do anything because they just check eOscar or whatever and confirm it without proving that anything actually transpired. I wanted actual proof that I authorized these inquiries aside from the companies simply stating "Oh, you did." Do I have any right to sue at this point? What should my next step be? Thank you
  24. Good Evening, I am BrokeBaker: I accumulated debts when my mom died a month before I opened a bakery. Since closing that business 3.5 years ago, I'm still underemployed/unemployed, and I've watched my bills grow and grow while trying to get from underneath them and also not ending up homeless. Tonight on March 27th, 2014, when I got home, my roommate handed me a summons that he received for me. I am being sued! This girl is very scared, very overwhelmed. I've spent the last 3 hours reading through the forum, and there are a lot of relevant cases to mine (Homeless in California to name just one). But there is so much information and I'm not sure what to do or what the sequencing is. I'm utterly overwhelmed. Is there anyone out there who can help me make sure I have my immediate plan of action clear? Step 1: Respond! I know that I need to file an answer to this summons within 30 calendar days from the date I was served. So, I need to provide a written response by April 25th, 2014. Because my roommate was served and not me, I may actually get an extra 10 days to respond. (1) Can I mail my response to the summons? The suit was filed in a courthouse that is about 30 miles away from where I live, so I wonder if I can "answer" this lawsuit via certified mail, or if I need to go to the courthouse. Anyone know the answer to that?. (2) Affirmative Responses/Defense: In my response to the summons, do I need to write a word document or do I need to complete an official Court Form? I'm not sure if there is a template or legal required form. I know that I need to provide a written response to the summons with my "affirmative defense". I know that if I don't list them in my response, I cannot use them in my defense later. How do I decide all of the affirmative responses that I can use? What are some common options? From what I read, here's what I think: Statute of Limitation: I haven't made a payment on this account since at least 2009, which means this is outside of the statute of limitations (SOL). SOL in California is 4 years, I just learned on this excellent forum.What affirmative defense relates to this? Is this "Lack of Standing"? I'm being sued by a Law Firm on behalf of Asset Capital Recovery Group (ACRG), but the cause of action says that I became indebted to Chase Bank. I have never had an account with Chase Bank. But, I know I had a Washington Mutual Account, and Chase Bank purchased Washington Mutual (which is now a defunct bank). I don't even know if ACRG or Chase has written record of this debt, and I don't know for sure that ACRG can represent Chase to sue me as they have provided no paperwork or documentation. What affirmative defense would cover this scenario, if any? ​(3) When Do I File CCP96?: I now know that California Civil Code 96 [form found here: http://www.courts.ca.gov/documents/disc015.pdf] is my request to the Plaintiff basically saying "I want to know who your witnesses are and what evidence you have that I owe this debt, and what signed copies of the contract do you have saying I agreed to this debt". When do I file this form? Do I file it with the courts at the same time I respond to the summons? (4) Is CCP 96 related to BOP? When do I serve the plaintiff with the Bill of Particulars (BOP)? Again, this is a question of sequencing. I do have a lovely word document template I obtained from one of the forums here. (5) I see a "General Denial" form. [http://www.courts.ca.gov/documents/pld050.pdf] Do I need to submit this? And if so, what is the sequence? (With the answer to the summons?) (6) When do I send CCP 98? Again, this is a question of sequencing ----------Any information you all can provide would be incredible appreciated. I can bake an amazing cake, but I have no head for all of this legal stuff. I know I wrote a lot, but I"m trying to be thorough and clear------------ If it's helpful, I'm attaching my case below since I've seen this modeled on other posts: This is my case: 1. Who is the named plaintiff in the suit? - Asset Capital Recovery Group, LLC a Limited Liability Company 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Law Offices of Kenosian & Miele, LLC 3. How much are you being sued for? - $11825.17 + legal fees 4. Who is the original creditor? (if not the Plaintiff) - Chase Bank USA 5. How do you know you are being sued? (You were served, right?) - Summons served 6. How were you served? (Mail, In person, Notice on door) - summons was given to my roommate while I was not at home. 7. Was the service legal as required by your state? - Yes as far as I know. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - I received a collections call on the matter and when I said I couldn’t make payment arrangements at the time given that I am unemployed, I was told that I would be sued in court. 9. What state and county do you live in? - California, Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - They don’t list this date in the summons, but it does list 12/9/2010 as a date that a 10% annual interest on the debt began accruing. The last time I paid a bill for Washington Mutual (which became Chase Bank) had to be late 2009. I certainly didn't make a payment on 12/9/2010. 11. What is the SOL on the debt? - 4 years in California 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) - Complaint filed: 03/18/14; Summons & Complaint served: 3/26/2014 - General denial (PlD-C-010 form): not filed yet - Plaintiff's RFA, Special Interrogatories, and RFP not filed/served yet - Defendants Answers to RFA, Special Interrogatories, and RFP not filed/served yet - Defendant's RFA, Special Interrogatories, and RFP not filed/served yet - Plaintiff's Answers to RFA, Special Interrogatories, and RFP not filed/served yet - MSC scheduled for n/a - Trial scheduled for n/a 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. - 30 days (possible 40 given that I wasn’t personally served the summons) 16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. - Contract Rule 3.749 collections. One cause of action “common counts” 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. - Yes, the complaint is verified. The person is a managing member of Asset Capital Recovery Group, and not Chase Bank USA. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? -No, I do not believe do. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. -There is no evidence with the summons or complaint. ---