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Found 124 results

  1. Hi, just wondering if any one here can give an advice. I have a credit card finance by Synchrony bank/Lowes, I owed them $2100 of merchandise. I was out of country for 6 months and my account went to default. When I came home. I logged in to my Lowe's account and I was confronted by a screen giving me several options how to pay my default account. 1st opt. Pay minimum payment of $75 and will close your account and then forwarded to collections agency 2nt opt. Pay $550 one time and will put your account to current and update Credit bureau. 3rd opt. Can't even remember but its not a good option.. So I made a payment of $550 dollars just to put my account to current and Lowes took the payment. After several days, my bank cleared the payment but when I was trying to logged in to my Lowes account I wasn't able to and told me that my account was not accessible online and call the 800 number. So I called the number but Lowes Rep. told me that they don't have any info on my account anymore and its because of 90 days late. It probably went for collections. On Feb. 11, I called Synchrony Bank and told them the situations including the payment I made over the internet. I told them that I am willing to pay the whole amount that I owed so they open a dispute investigation on the account but on Feb 27, when I called they said the Open a new one because the first one was rerouted incorrectly by the first Representative that I spoke to. It's been more than 45 days and I haven't heard any solutions of my dispute. Now, I got a collection letter from Portfolio Recovery Associate, LLC. trying to collect the debt from Lowes. On the letter said that they purchase the account on March 19, 2015. Does the original creditor can sell my account without finishing the dispute and not even responding to my validation letter? Can Synchrony Bank/Lowes take my $550 as payment to promise me they'll put my account to current? The Only thing I have on my record is my bank statement that Lowes took my $550 payment. Till now I haven't heard any out come on the dispute that I filed. Please, If you think I have a case here, can you give some advice on what violation the OC violated and where and how to file. It's not the money that I'm going for its the fact that they lied and obvious took advance on me.
  2. My question involves collection proceedings in the State of: New York On the nycourts website it states "The statute of limitations on a store credit card (like a Macys card) is 4 years". I had a sears store card (not a visa. etc) . Does this apply to me? https://www.nycourts.gov/courts/nyc/civil/consumercredit.shtml Thanks
  3. Hello if anyone can help me with an answer I would really appreciate it. I received some junk mail in my mothers name today and it said she was being sued. It was an advertisement for a lawyer. I noticed a case number so I looked It in the superior court website and found something had been filed againset her on 3.5.15 My mother passed away in 2012. The summary also says 3/6 a judge signed an order to show cause why sanctions should not be imposed for failure to file 3/25 summons and complaint returned.not found matter continued I am not sure what to do at this point. My mother had no money and we never went to probate because she did not own very much she lived in an apartment and we barely had enough for funeral costs. Can someone give me some guidance on what this means and if I should go to the superior court. What should I ask? thanks
  4. I just picked up a registered letter saying that I was being sued by Calvary SPV and I have a court date of January 30, 2015. It says on the letter to call the magistrates office immediately to tell them if I intend to defend myself. I got "served" last year over this same debt by Portfolio Recovery. I say "served" because I believe they were fake papers and were trying to scare me. I also received something shortly after that saying there was a default judgment against me because I didn't respond to the summons. I can't find a judgement against me, but say there is one, can Calvary still sue for the same debt? Shouldn't I have received something stating they were planning on suing me and giving me 20 or 30 days to respond to the company? This is just a letter from the magistrate stating I have a Civil Action Hearing on January 30th at 10:15 am. On the next page, it is a paper saying Calvary SPV, as assignee of GE Retail Bank is the assignee and successor in interest of account number ending in 7038. The credit account was issued to defendant by GE Retail Bank, the original creditor and defendant used the account. Amount due is $1,117.67. File No 388926 and it is signed by Filance Manuel verifying the facts are true. The last page is Entry of Appearance and it states that David J. Apothaker, Esquire will be their representative and his address and phone number. I believe I last paid this in 2011, so the SOL is not up, I don't believe. Would I go by PA or New York where Calvary is located? Also, what happens if they don't show up to the hearing? Can they send a local lawyer to take their place? I don't see someone driving 9 hours (the lawyer is out of New Jersey) for a debt of $1000. I had more questions but now I am blank as to other stuff I was wondering. Any help would be great!
  5. Hi everyone, I have been reading through the threads on this forum for the past couple of days and I have found some really promising information. But I am still very confused about what I should do about this court case and how I should write my answer to the courts. I think the more that I read the more that I am getting confused so any help that can be offered would be deeply appreciated. This is actually against my husband with an account that was opened and charged off before I even knew him. He was married to his first wife when this was opened but they have put this case against him and me instead of her. They do not have my name listed only Jane Doe. 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.) Jerold Kaplan Law Offices 3. How much are you being sued for? $6079.34 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) We were served at our home 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. The process server had my husband sign for it. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? We had nothing from Jerold Kaplan Law Office. I do believe that my husband received something from Midland but we could not afford to pay it 9. What state and county do you live in? Phoenix, AZ. Maricopa 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 was not married to my husband when he had this account. He was married to his first wife and she paid the bills so he does not know when the last payment was made. I believe that I am not responsible for this debt because I was not married to him yet…or at least I think? The affidavit from Midlands Representative that was attached to the summons says that the last payment was made on 02-19-2009 and that the acct was charged off on 09-30-2009. The credit report shows that the last payment was indeed on 02/2009 but it says that it was charged off in 08/2009 not 09/2009. 11. What is the SOL on the debt? It is 6 years in AZ as of 2011 but before that it was 3 years. (my husband was living in KS when this was opened not AZ) 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 Justice court website says that the case status is 01-new case 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? I received as follows: 20 days. And was served on 12/28/2014 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ​ They attached an affidavit from a legal specialist that is employed by Midland. The affidavit lists the OC as HSBC, shows the last 4 numbers of the account number, the balance of $6079.34, the open date of 12-09-2007, and the charge off date of 09-30-2009, but that is all.
  6. Hi all, I'm a new user here, and new to all of this, (hence my user name) so please forgive my ignorance, because I'm sure there is a lot of it. Anyhow, I'm in Southern California, and about two weeks ago, a man came to my house and wanted to give me papers. I never identified myself as the person they were looking for (nor did the words "served" or "you've been served" ever come out) and the man just dropped off the papers and left. Now I spent the last two weeks doing research on what to do (I don't have an income but my wife does, we don't own our house nor our cars, no really significant assets) and/or who to contact. Fast forward to today, and the same guy comes back asking for my wife. Turns out it's the same legal firm, for the same company (Absolute), for the same card issuer (Capital One), but for an amount that is about four times the amount they are suing me for ($3,200/$900). So what information should I provide here? I'm not entirely opposed to paying the debt, but I hate to line the pockets of a random junk debt buyer. The first summons was brought here on September 10th (says the summons was issued on August 29th) and then the second one (for her) brought here today (issued September 10th). I don't have the money to file an answer. We don't have much income after we pay the necessities (rent, car payment, car insurance, utilities) and our son is special needs. Not sure if that matters or not, but I heard I could possibly get the fees waived? I don't want to ignore these and have $4,000 turn into $10,000 and have wages garnished. I check the SOL and it looks like they filed the suit a few days before it was up. They attached evidence such as a statement showing my last owed balance along with a payment (both in 2010 one for each card) and a form that showed they purchased the debt from Capital One for $32 million dollars (hers said $12 million). The amount they paid for the debts is blacked out. There's also a form from the CEO of the company saying they took ownership of the debts. Our account numbers aren't anywhere to be seen, except of course on the statements. There's also a notice at the back that says we can avoid court by calling in and arranging payment, along with another series of papers asking for a reduction in the filing fee for $44. Not sure what that is about. Both cards have a combined interest/fees amount of $600-$700. Both lawsuits say a hearing is scheduled for 2017 in Chatsworth courthouse. Not sure why it's so far in advance. Nowhere on the papers does it say we have to be in court. So what are my options at this point? Please ask as many questions as needed, I will provide any information I can that will help me out. I appreciate all the help, and God Bless. I almost forgot, they are suing for: Breach of contract, account stated, open book account, and indebtedness on both lawsuits.
  7. 1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?
  8. Hello, I'm pretty new to this site, but it has so far been quite helpful in forming a defense as I am in the process of fighting a lawsuit. Just a few weeks ago, I was feeling overwhelmed by my situation, but a little bit of research in the last week has me feeling optimistic about the opportunity that I have to defend myself. I would like some input as I move forward if anyone has information that would fit my particular situation. I am also lurking about and proactively seeking answers. I'm not 100% comfortable with putting the exact specifics of my circumstances on here, so I'm sorry if anything is a bit vague. Apologies in advance that this will be LONG. I just want to thoroughly explain. The initial contact was made by delivery of summons earlier this year. I made the mistake of calling the JDB to ask what my options are before going to court. I did not make any agreements, but I was not at all careful how I discussed the claim as I was uneducated about this type of business practice at the time. I fear that this conversation may come back to bite me in court. I did appear in court, and a trial date was set. I asked the lawyer to explain the lacking information included in the complaint, and he advised me that I would receive all the info I needed about a month before the trial date. He also advised me that they wouldn't be willing to negotiate a settlement once I "let it get that far." (Insert eyeroll.) Just as he advised, a packet arrived that seemed damning at first glance: Affidavit from JDB records keeper Bill of Sale/ Assignment of Loans (which was already included in previously delivered complaint - no account numbers, etc) Account statements (that began nearly two years after the date the alleged account was allegedly opened. Date of amt owed on last statement differs from the amt I allegedly owe) Affidavit of Sale/ Certification of Debt signed by OC (Dated over a year after the alleged date of acquisition. Obviously in preparation for litigation. Also, Google says the "Bank Officer" who signed is a Mortgage Specialist in a different sector of the parent company.) Spreadsheet with just the information of the account in question. So. I stewed for a while on whether or not I should attempt to settle as I was intimidated by the paperwork. However, I am not convinced that the debt is mine. Just concerned that I cannot defend it. I decided to attempt to verify the information by calling the OC. I was told that any of my account information was archived as I had not been an active customer in several years (I had various accounts with them over a ten-year period). I advised them of the suit against me, and I asked if they would be willing to verify information in the claim. They said they could not. I was advised that they only have a profile to store my personal information as a customer, but no information regarding previous accounts as it has all be archived. I asked for anything they could provide in terms of a contract for a credit account, and they told me they can't access anything. They advised me to request this information from anyone who was suing me as anyone who would have purchased an account from them should have all available documentation accessible. So, I decided to call the JDB to attempt to request this sort of documentation. Again, what was I thinking? This was only last week, but I know so much more now. I wish that I would've gone about this differently. I hope that I didn't say anything that can be used against me in court. I was transferred to multiple people who did their best to convince me that I just needed to shut up and pay up. That they have sent me all the validation they need to, and that a judgement is the next step if I don't pay. I asked for contact information for an attorney or someone in records who could help, and I was told there was no one who would take my call and that I should just ask my questions in front of a judge. Um. Ok, I will. Between that call and the trial date (earlier this week), I did a lot of research to see how many holes there are in the case they have presented. I'm probably countless steps behind, but I decided to file a Sworn Denial before we went to trial to have my stance made clear. I showed up to court feeling really confident, but still worried that I would not be able to effectively defend myself. Partly because the atmosphere of the court is surprisingly informal. I really like the judge. I like the way he doesn't take crap from anyone, but he is compassionate and makes jokes through the session. I was relying on my ability to appeal to his reasonable side, but I also am not confident enough in my understanding of the process to speak with authority on my concerns about the "evidence." I found myself wishing I had more time and reasonably nervous that I would be leaving with a judgement. The lawyer sat down with me prior to the trial and asked if I recieved the packet and asked if I had any questions. I told her that I have a lot of questions and also presented her with the Sworn Denial. She advised that she may not be able to answer my questions, but she would like to know how she could help. I told her I didn't recognize any of the account information, and showed her the apparent opening date of the account. I told her that I was confused about why I would only have statements from the last year the account was open and no contract to show how I would have been responsible for the account. I also asked her where the amount in the first statement that was presented came from. She simply advised me that they can't go all the way back through the account, but said she would ask the judge for a continuance in hopes that the JDB would get me the information I needed. Was I wrong to do a happy dance on the inside? It gives me a little confidence that I presented enough of an issue to keep her from being able to prove her case with the information they gave me. But now the question is, how do I effectively go on the attack? Some thoughts.. I believe I still have a couple of days to file a Motion to Strike. Based on what I've read I have 30 days in TN. I wonder if I should skip that and file a Motion to Dismiss? Should I file them both? Create my own affidavit? Send the JDB a Request for Production? I would love to threaten them with a counterclaim, but I'm not sure how much of a case I would have. I am more interested in scaring them off than I am pursuing them. I am off to do more research. If you are still reading, thanks for taking the time. TIA for any particular thoughts or similar experience.
  9. Greetings, Obviously I am new to the site and seeking a little bit of direction. 3 weeks ago my girlfriend, whom I live with, received a summons from someone stating that I was being sued by Capital One (the Plaintiff). The debt is true ($1,300) and they have included a copy of my last statement as evidence of the debt I suppose. I have been researching on how to proceed since this is my first incident like this. Most of what I have seen has said that it makes no sense to not do anything, since I will automatically be forced to pay the debt plus incurred fees and interest, as well as be vulnerable to wage garnishment et al. What I'm looking for is what to do next. Do I bother contacting a lawyer? Do I enter a judgement on my own? Should I try to negotiate with Capital One outside of court (I feel like this will make me look weak and they will pursue all charges)? Thank you in advance for any help here.
  10. 1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?
  11. Hello. I need a little help. I am being sued by Midland in PA for two different items in December. I checked my credit report and there is a 3rd item I have with them but I have not received any notice of a lawsuit for that. I'm not sure what to do. The first two are on different dates, two weeks apart. The total of all the items together is a little over $3,000. I've already entered my intent to defend myself with the magistrates office. I'm not sure what to do..... if I win the first will there be any chance of winning the second or possibly third? I don't know if I should call them and try to settle. I could use some advice guys. Thanks in advance.
  12. I received a Civil Citation for a Debt Claim Case. I am disabled with Social security as my only income. I read in Midland's Consumer Bill of Rights Article 3. b. We will cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets. I also received a letter yesterday from them asking me to call them. Since I have never made any contact with them, I am concerned that if I do call them it will re-age the account. I am tempted to contact them about what I discovered from their website but I don't know if anyone has had success with them honoring their Bill of Rights. Anyone? btw, it appears that they are still trying to personally serve me...Constable at my door today.... ANY HELP WOULD BE APPRECIATED Below is the info from the lawsuit. 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.) 4 Attorneys listed as Attorneys for Midland FUNDING LLC with a P O BOX address in TX. 3. How much are you being sued for? approx $8,200 4. Who is the original creditor? (if not the Plaintiff) CHASE BANK USA N.A. 5. How do you know you are being sued? (You were served, right?) A Citation was posted on the front door of my home by person from Profession Service Process 6. How were you served? (Mail, In person, Notice on door) Notice on door 7. Was the service legal as required by your state? Do not know. They had asked for alternate service as they had been unable to serve me before and the alternate service options stated 1). mailing a copy and delivering a true copy to anyone above age 16 at the address or 2.) mailing a copy of the citation by first class mail and attaching a true copy to the front door/entry way at the address 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? FORT BEND, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) To the original credit card company, about May 2010 or before (no later than 5/2010 as per the credit report. - it shows 30 days late in 6/2010). Petition was filed end of June 25, 2013. 11. What is the SOL on the debt? 4 years in Texas (from last payment date) 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). 7/1/2013 Original petition 7/17/2013 Citation 7/23/2013 Civil citation service - unserved 6/27/14 Order for substitute service 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. 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 received as follows: 14 days. Citation was posted on 9/15. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ​They attached copy of the 11/2010 statement
  13. I have been served with a Petition for a suit by Midland Funding and I am reading through these posts for help with my answer, but it seems that the "Plaintiff's Original Petition" that I was served does not appear to look like the ones I am finding on this forum. ( I know this is the same line as in another post but it applies to me as well.) I have been served a Citation from Midland which requires a response by today. I have been doing research but just found this forum around 10 PM last night. From the Citation it appears to be a petition to get me to court for Discovery and has very little of the accusations shown in other forum question documents. The documents do not include the last four numbers of either my SSN or Texas DL. There are no affidavits or bills of sales attached either. I have to drop off a reply by 4:30 today. It won't take long to write up but I'm asking if I should respond line by line as suggested in other posts and should I include the PLEA TO THE JURISDICTION as suggested by texasrocker in post http://www.creditinf...y/#entry1303627 Item # 7? Here is the link to the documents for viewing. http://www.mahahual-...om/CITATION.pdf
  14. Hi everyone, I have been here almost daily since receiving a summons from mandarich law group late last year. I filed my answer, sent a request for BOP (and 2nd and 3rd requests), sent discovery, answered discovery, answered ccp 98, and sent ccp 96. I read many, many posts here, and used templates from here, changing them to fit my situation. Thanks to all the brilliant, giving people here, every time I sent them something, they answered exactly as I thought they would, and I knew exactly what to do next. So now, my trial date is less than 3 weeks away, and I am lost and find myself thinking why bother? My only income is a military pension, and I don't own anything, I'm essentially judgement-proof. I am usually a very happy, optimistic person, but this last month has been horrible. My beloved dog was killed, and I am heartbroken. I know I have time limits to get ready for trial, so I'm hoping that you guys will help me by reminding me of anything I may have forgotten to do, and not letting me give up and let the bad guys win. So, the basics: 1. Who is the named plaintiff in the suit? Cach 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich law group 3. How much are you being sued for? 1500 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? California, San Bernardino 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I think it was October, 2010, they say October, 2011. (I haven't been able to get my bank records from 2011.) 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 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). Trial in mid august. Answer filed, discovery done, requested BOP, they refused, and l just received their Plaintiff's CCP 96 Response. 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? Already responded with a general denial. The complaint is for 1. BREACH OF CONTRACT 2. COMMON COUNTS Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None with the summons, they cited Distifano and Hall in response to my BOP request, claimed "Trade Secrets" in response to my discovery, and sent copies of a statement dated "10/25/2011 to 11/23/2011" with a past due balance, and another statement dated "11/24/2011 to 11/30/2011 with a balance of 0.00, addressed to a house I owned at the time but did not live at. In response to my CCP 96 they sent copies of the same two statements, and a short form purchase agreement between Wells Fargo and Cach. For witnesses, they say they plan to use a declaration pursuant to CCP 98. They list eight names that they say are custodians of records that they may call. they say they can't know the identity of the individual who will be available to testify until approx. 10 days before trial. They gave a contact address for the lawyers office. They also plan to call Defendant. For evidence, they listed the CCP 96, the billing statements, and the Wells Fargo Bill of Sale and accompanying redacted Loan Schedule (I see no loan schedule attached.) So, what is my next step? I know I'm supposed to send a subpoena, but aren't the witnesses supposed to be available for personal service 20 days before trial? Are they allowed to just cut that time in half? Or have they already given me a reason to exclude the CCP 96 Declaration in Lieu? For the subpoena, can I have someone I know attempt to serve it? Also, they had already sent me a Declaration Pursuant to CCP 98 in Lieu of direct testimony, which I received on the same day I mailed my request for it. That one is dated June 16, 2014, and signed by one of the people listed to testify. So doesn't that person have to be their witness? Is that who I subpoena? And when? 20 days out, or 10 days out? Thank you in advance for answering my questions, and thank you for giving your time and knowledge to people like me. By the way, the lawyers referred to the list of people who might show up in court as "traveling witnesses" whose schedules are made weekly, not as the custodians of records. they say they will testify about the plaintiff's business records, and how they aquired the account. Are they not missing the main part of their lawsuit? How can they skip over the whole "contract" part of a Breach of Contract case?
  15. Hi everyone! I was served about 25 days ago by CACH LLC. Originally, I thought that the collection on my credit wasn't mine, so I disupted it and it was deleted. . I was able to hire an attroney that will send them a letter as a response to the judgement. He doesn't think that he can win alleging lack of standing or proof that I owe the debt. He thinks that he should pursue the SOL defense more. The original creditor was Bank of America (allegedly), the terms and conditions were likely from Delaware. My attorney thinks that he can get this case dismissed because that the agreement was made with Delaware with the choice of court, and their SOL is only 3 years, as opposed to the 6 year SOL in Oregon.
  16. First off I want to thank everyone who posts on this forum you have helped me and many others more than you will ever know! I am being sued by LVNV Funding in Ohio. I did not find out about this lawsuit until my employer advised me my wages were being garnished by a default judgment. I quickly went into high gear to fight this. How can someone garnish my wages and me not even know about it. I have since had the judgment vacated and stayed the garnishment so at this point I am not out any money to them other than the cost to file and mail them there copies. I met with the attorney at the hearing for vacating the judgment who wanted to discuss a settlement to which my response was absolutely not! So they have refiled with my local court where I currently reside...they did pull my credit report prior to and after filing so had my current address yet still attempted to serve me twice at an old address that i have not lived at for over four years. So here's the rundown. LVNV Funding in Ohio with the usual junk attached. Plaintiff owns Defendant's account By use of the account defendant became bound by the account's agreement. Defendant breeched agreement by failing to pay. Amount now due and owing is $3xxx a copy of statement attached as "Exhibit A" Demand has been made defendant failed to pay up. It has been re-filed and I filed my answer with the court. I received their request for production of documents, admissions, and interrogatories. Which are of course the usual b.s. The alleged account was opened while I lived in another state with a 3 year SOL. So I am using this defense along with a few others. But, I have received a voicemail from them saying they are calling to collect a debt. I also received a bill from them in the amount of over $1,000 more than I am being sued for. I believe this to be them attempting to collect the amount from the judgment that has been vacated. Is this not a violation of the FDCPA? I plan on bringing this up in court as to show their inaccurate figures and being an error on their part. I believe this to be misleading to me showing I owe more than I am being sued for without a judgment against me. I am also preparing my own interrogatories and request for admissions and documents so if anyone has any advice please help!!!
  17. Hysterical deposition! http://news.yahoo.com/blogs/sideshow/surreal-exchange-during-legal-deposition-recreated-by-new-york-times-165531130.html
  18. Hi everyone, A summons was left for me today sticking out of my apartment mailbox. There is a space that says "Date of service (To be inserted by officer on copy left with defendant or other person)" which is blank (since it wasn't left with a person at all). Is that an appropriate way to be served? There are also two copies of the top sheet (the YOU ARE SUMMONED one). The lawsuit is from PRA and is regarding a credit card account that they apparently bought from GE Capital Bank/Gap. The complaint has my name and the county I'm a resident of, a statement saying that I opened a charge account with ge capital bank agreeing to make monthly payments, a statement saying PRA is "the successor in interest of said account... having purchased said account... in good faith and for value", a statement saying I did make purchases and charge the account but failed to make payments and the balance (>2500) "(See Client affidavit as Plaintiff's Exhibit No. 1)" and lastly a statement that the plaintiff declares me to be in default and demands payment of balance. Then there is "Exhibit 1" an affidavit from Virginia (I'm in IL?) signed by a notary public that "affirms" 6 points: 1 she is competent to testify, 2 she's an authorized employee of PRA and authorized to make statements on behalf of PRA about the records transferred to them from GE Capital Retail Bank/Gap which have become integrated into PRA's business records. 3 according to the records the account and all proceeds are owned by PRA, all of the banks interest in the account having been sold, assigned and transferred in 2012 and saying PRA has been assigned all of the banks original authority to do and perform all necessary acts for settlement. 4 that according to the records there was >2500 (edited exact amount) due (with the last 4 digits of the original account number) and owed as of 2011 and the last two aren't really relevant info to this post. There's no other information or proof, no DV or anything like that. I'm thinking my next step would be to call their lawyer and talk to them about a payment plan to avoid the suit going forward. Would this be a proper next step? I have very, very limited income and no consistent paycheck, I don't own any assets (house, car etc.) or have any money in the bank. We (family of 4) just live on the money we get, pay the rent and the bills and that's all we have. There's an appearance fee of $186 that I'd have to pay just for showing up to respond to the suit, even that is going to be a struggle to pay. I also read this: http://ficoforums.myfico.com/t5/General-Credit-Topics/Sued-by-a-Junk-Debt-Buyer-Portfolio-Recovery-Associates/td-p/2296511 about a woman who had argued that she never signed a contract with PRA and so owes them nothing (or something more polite to that affect), does that hold any water? Would that be an option should we end up in court? Advice would be more than appreciated. Thanks! Edited to add: If calling them tomorrow is the right thing to do, how should I talk to them, what should I say and not say? Edited again for the questionnaire: 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) BHLM 3. How much are you being sued for? See original post above. 4. Who is the original creditor? (if not the Plaintiff) See original post above. 5. How do you know you are being sued? (You were served, right?) Kind of served, summons was shoved half into mailbox and half sticking out. 6. How were you served? (Mail, In person, Notice on door) As above. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint As understood (for IL) they are meant to leave it with a person, I'm not sure what point 3 means. They left it shoved into the side of the mailbox, which doesn't seem appropriate to me, but I may be wrong. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. Possibly phone calls which were blocked. 9. What state and county do you live in? IL, USA. 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 2010 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 5 or 10 I'm not sure. 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). - 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No questionnaire, no answer requested because of amount, but appearance required in 16 days (2/20) with fee of $186. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  19. We go to trial in a week from today. LVNV Funding did not respond to discovery, so we had to file a motion to compel admissions and req. production of docs. LVNV funding finally responded last week, but simply gave us the same paperwork they originally provided when we asked for a Bill of Particulars back in December - nothing new, except the answers formulated admit, deny etc. The exhibits are the same. They have provided no signed agreement which they reference in their complaint, no contract, no statements, and no itemization of account to show how they came up with the amount owed - we don't believe this is our debt. We are concerned that they might try to enter evidence at our trial that they have not provided us, and want to be prepared to object to this with citations of case law which support objecting to the plaintiff entering this info after the discovery period is over. From the research we have done, the cases seem to be from CA Reporter 3rd series: 84Calap3rd771 195Calap3rd213 200Calap3rd372 and another from Cal Reporter - 235CR430 Does anyone have access to these cases? I can't seem to find them at the law library! I am hoping if someone does, it will not only help us, but also help others to have these cases as a resource for trial. Thank you for any help and advice as we get ready for trial.
  20. Yesterday I got a letter in the mail that looked as if it were written by a child. There was no return address and I nearly threw it out, but decided to open it. The letter was from a bankruptcy attorney offering his services to us. I wasn't sure what this was about because the only debt I know about is our mortgage, which I pay and medical bills, which I also pay each month. A second sheet of paper was attached that had a court case number on it and it was a surgical group suing my husband and me. I went and checked out the website and sure enough, there is a court case for us and the first court appearance is scheduled for October. This was news to us--we were never served with paper work. Today's mail had two other lawyers wanting us to use them--but still, we have not been notified by the court that we are being sued. Does anyone know if we should have been served first? Is there a time frame from the time it is registered on the court website to try and send a process server to us? I am not quite sure what to do here.We can't afford a lawyer and I am really at a loss here. Open to all advice.
  21. I was going to try and do this by just reading some of the other threads on this great forum and realized I will be better of if I have a more direct support of contact on specific issue, after all if I have a question on something specific how would anyone really know how to answer if the weren't following the case. so i am going to try to post the case on this forum and would greatly appreciate any comments or ideas. lawsuitpdf.pdf
  22. I've spent hours on this site formulating my response to the first set of interrogatories, request for admissions and request for production of documents. Would you mind reviewing my answers to confirm they are legally sound? I did have this account and owe money, but due to loss of employment I can neither pay my debt nor hire an attorney. I truly appreciate your assistance! STATE OF INDIANA IN THE XXXXXX SUPERIOR COURT II COUNTY OF XXXXXX CAUSE NO. XXXXXXXXXXXXXXXXXXX ASSET ACCEPTANCE, LLC PLAINTIFF VS. KELLY XXXXXXX DEFENDANT DEFENDANT’S RESPONSE TO FIRST SET OF INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS NOW COMES the Defendant, KELLY XXXXXX, responds to Plaintiff’s, ASSET ACCEPTANCE, LLC, First Set of Requests for Admission, Interrogatories and Requests for Production of Documents as follows: INTERROGATORIES Interrogatory No. 1 Please state your full name, address, date of birth, place of birth, and social security number. a. Kelly XXXXXXXXXXXXX. Regarding date of birth, place of birth and social security number, responding party objects on the grounds that this information is personal in nature, and has no bearing on the issue that is the subject of this litigation, nor will it lead to the discovery of admissible evidence. Interrogatory No. 2 What is the name and address of the bank where you have your checking account? a. Objection. Irrelevant, will not lead to any legal conclusion. Interrogatory No. 3 What was the number of the last check you wrote to the order of the Plaintiff and/or the original creditor as payment on the Account? a. Objection. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 4 Identify any payment that you have made to the original creditor, Dell Financial Services/CIT Online Bank, and state the date of the last payment you made to the original creditor and the amount of that payment. b. Objection. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 5 Identify any payment that you have made on the Account, number 6879450 1290644564 14, and state the date of the last payment you made on the Account and the amount of that payment. a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 6 What was the number of the last check you wrote to the order of the Plaintiff and/or the original creditor as payment on the Account? a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 7 Please list the date and amount of all payments made by check, money order, banks official check or any other means, that you claim were made on the Account. a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 8 Is the amount that you owe on the Account sued upon correct and, if not, what is the correct ", amount? a. The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves there is an account balance the burden of proof rests with the Plaintiff. Interrogatory No. 9 If any offers of settlement were made to you on your Account, please state the name, address, and phone number of the person and company who offered you the settlement and how long the settlement was good for? a. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 10 Please state the manner in which you paid any settlement that you allege was made (i.e, check, money order, etc.). a. The Defendant has denied the existence of any alleged account in the complaint. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 11 Have you ever received a settlement letter or paid in full receipt evidencing an amount you paid toward the Account sued upon? a. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 12 Please provide the following information for each person you will call as a witness at the trial of the captioned matter: 1. Name, address, and telephone number; 2. Place of employment; 3. Relation to the Defendant; 4. The subjects and substance of the testimony the witness will give; and whether the witness is to be tendered as an expert witness. a. Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process. Also, interrogatory calls for legal conclusion as Defendant is asked to provide information not known to her on an alleged account that is disputed. Interrogatory No. 13 Please identify and describe each exhibit you will use in the trial of the captioned matter. a. Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation. Interrogatory No. 14 Are you currently involved in any litigation in which you are a Plaintiff! If so, then: 1. In what court is this matter pending? 2. What is the nature of this claim? a. Objection. Irrelevant, will not lead to any legal conclusion. Interrogatory No. 15 State fully, completely and at length the factual basis of each defense which you now assert or intend to assert in this action. a. Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. Interrogatory No. 16 As to each defense set out in response to Interrogatory Thirteen (13), above, state the following as to notification to Plaintiff by Defendant of such defenses: (a) the date or dates when notification was given; ( the manner in which notification was given; and © the specific party or parties to whom notification was given. a. See response to Interrogatory Thirteen (13), REQUESTS TO ADMIT FACTS The Plaintiff requests that the Defendant answer the following requests to admit facts pursuant to, and in accordance with, Indiana Rule of Trial Procedure 36. If the Defendant objects to any requested admission, the reasons therefore shall be stated. The Defendant's answer shall specifically admit or deny the requested admission, or set forth in detail the reasons why the Defendant cannot truthfully admit or deny the requested admission. A denial shall fairly meet the substance of the requested admission, and when good faith requires that the Defendant qualify an answer or deny only a part of the matter of which an admission is requested, the Defendant shall specify so much of it as is true and qualify or deny the remainder, again detailing the specificity of the denial or the part thereof. Fact No. 1 Please admit that you applied to the original creditor, Dell Financial Services/CIT Online Bank, for the account, number XXXXXXXXX, in question. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 2 Please admit that you are indebted to the Plaintiff in the amount of $1XX, plus any accrued interest, as shown on Plaintiffs Complaint. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 3 Please admit that you made payment(s) on your account. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 4 Please admit that you owe the balance on the Account to the Plaintiff. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 5 Please admit that the correct balance is outlined in the Complaint. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 6 Written demand for payment of the charges subject of this action was made upon Defendant by Plaintiff or Plaintiffs counsel thirty (30) days or more prior to the filing of the Complaint in this action. a. Denied. Written demand for payment never received by Defendant. DOCUMENTS TO BE PRODUCED 1. Please provide copies of any and all payments made on the account sued upon, for example, all canceled checks, money order receipts, etc., including a copy of any payment which you allege paid off or settled the account sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time. 2. Please provide copies of any and all settlement letters or offers to settle regarding the Contract sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time. 3. Please provide copies of any and all receipts, letters, or other information that supports your contention that the account was paid in full. a. The Defendant has denied the existence of any alleged account in the complaint. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. 4. Please provide copies of any and all exhibits and/or evidence that you intend to introduce at trial. a. Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation. 5. If you are currently involved in any litigation as a Plaintiff, inside or outside of the state of Kentucky, please provide a copy of the petition for damages, including amendments and responses. a. Defendant has none. 6. Please provide copies of all notice letters, collection letters, statements and charge slips in your possession on the contract sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.
  23. NOTE: THIS IS LENGTHY, AND I'VE TRIED TO FIND ANSWERS TO THE ISSUES I'M FACING ON THIS FORUM TO NO AVAIL. PLEASE BEAR WITH ME! I PROMISE THIS WILL MAKE FOR GOOD READING Hello, I received a summons from Midland in December. Shortly after they filed the lawsuit, the notorious NJ DC law firm, I'll just call them "P", called me and told me if I set up a payment arrangement, the lawsuit would "go away." At the time, I agreed to the payment arrangement. A couple of days later, they sent me a letter, dated December 26, 2013, saying I had to sign and return the agreement BY MAIL no less, by December 29, 2013, or else they would "have to continue with collection efforts." Mind you this is only 4 DAYS from the time they MAILED IT, not from when I received it! When I got the notice, I decided not to sign it, because I had no idea what a consent judgment was at the time, and it that phrase didn't sound anything like the payment arrangement I thought I was agreeing to. I timely filed an answer with the court, and on the same day, hand delivered a copy to P a couple of days later. Someone suggested that I also mail a copy of everything to P just to make sure they got it. I did this, but a couple of weeks later (several weeks of bad weather). I should also note that I filed a FDCPA counterclaim based off of the payment arrangement/consent judgment, since they didn't tell me I was agreeing to a CJ on the phone, said that the payment arrangement would make the lawsuit go away, and tried to put me under "duress" by only allowing me a day or two to sign and return the CJ by mail. I also submitted a motion to allow discovery, since we are only limited to 5 interrogs, and submitted requests for admissions, the 5 dogs, and requests for documents. A couple of days after I dropped off the documents to P, I received a letter dated the same day I dropped everything off trying to confirm our "agreement" to the consent judgment. I wrote on the letter stating that I did not agree to a consent judgment, and sent a certified copy of this to them and to the court. Later in time, can't remember the date, they called me stating that they wanted to discuss my answer. I simply said I was advised not to speak to them and hung up. Mind you, I am going at this alone so far, thanks to this awesome forum and all of the extremely useful resources provided by Mr. Phil Stern's website. On February 14, P filed an answer to my counterclaim, denying the allegations - typical failure to state a claim, and also that the claim was frivolous. When what I assumed to be the deadline for discovery passed, February 20, 2014, I sent them a letter saying I hadn't received their responses to the interrogatories. However, I failed to state the 10 day rule - one of many mistakes I've made so far. I sent certified to court and to P. P responded by saying that they never received any docs I hand delivered, that they didn't get notice of any documents or answers or counterclaims (by mail) until February 12, that they only received notice from JEFIS on February 10, so they had until March 14 to respond to discovery. However, they submitted answers to my RFA's and of course objected most claiming I didn't define certain terms so they refused to answer. They also stated they were objecting my motion for discovery and advised me that the motion was premature because discovery hadn't closed yet. I did not receive any responses to my discovery request by March 14, even though this is the date they themselves decided was appropriate. I didn't receive anything yesterday either! CAN I DO SOMETHING WITH THIS FACT? So I am confused - how do they object my motion to permit discovery, yet submit answers to my RFA's? The judge was supposed to rule on this motion on the 14th. The docket has not been updated yet. On Thursday, I received a pretty thick packet from P and P. It was their own requests for discovery. They also submitted 35 interrogatories and 39 requests for admissions! Since they opposed my motion to permit discovery, are they allowed to turn around and do this? Do I have to answer them even though I submitted the motion to permit? Also, if I have 30 days to respond, and trial is set for April 17, should I wait until the last possible day to respond? I received this packet from them on Thursday, March 13, 2014. P also included ANOTHER answer to my counter claim in this packet. They used the same defense and time barred???? I am not sure what they were referring to or what they meant, they didn't cite any law/rule. I thought you had a year to file an FDCPA claim. They also requested dismissal, and opposed my motion for summary judgment, claiming that it was premature because discovery was not over, and that I had not asserted a factual basis that allows me relief. My other mistake was submitting the court forms for the msj, but I did not attach a statement stating why it should be granted. However, after receiving the requests for admissions, and nothing else, I wrote them a letter defending a discovery end date of February 20, 2014, and told them that claiming they didn't get the paperwork would not relieve them of this deadline. I don't know how I will be able to prove this, but I went ahead and filed a motion to dismiss for failure to answer discovery. I also asserted they should not be allowed to use stalling tactics to gather documents that they should have had together before they filed the lawsuit. I asked the judge to rule that the close date was Feb. 20, and dismiss because they had not complied. Another mistake - I didn't explicitly say they had 10 days when I sent the reminder, so I'm not sure if the reminder will be enough to back this up. Miscellanous facts, I have seen "signatures" from 4 different attorneys on this claim. One filed the lawsuit, tried to get me to agree to consent judgment, one filed the answer to my counterclaim, and now this douche bag I've been corresponding with here lately. The RFA's they sent included reference to certain exhibits for me to confirm or use to answer my questions. The exhibits included two affidavits from Debt Collectors about an assignment of accounts - chain of title docs; a bill of sale for each subsequent assignment, and one exhibit in the first assignment sequence, labeled a statement of accounts, but all of the info was blacked out. Also, in the second assignment, the bill of sale made specific references to certain portfolios, but these were black out as well. lastly, they attached a credit card statement from June 2011, but it doesn't appear to be the last bill they sent on the account. there aren't even any late fees on it for that billing period!!! It actually looks a little shady and I would be interested to know what an actual last periodic billing statement looks like. is there a certain format or certain information that a last billing statement must include? So, now that I've walked you through the lengthy details of where I am so far, I am at a loss as to what I should do next! PLEASE HELP!!!!! Is it too late to amend my MSJ? Or even my counterclaim? Can I file another motion to dismiss for failing to answer rogs? Can I use the exhibits they attached to the RFA's against them to argue that they have no evidence that they own the account? Can I file a motion to strike the affidavits, even though I am not sure they have even handed them to the court yet? Do I have grounds to attack these? I saw someone make reference to this before but didn't find an answer, why would Midland make an inquiry to the credit bureau a couple of weeks before filing a lawsuit against me? Are they allowed to do this? Also, I have a question I would like to ask someone off forum, so if someone would please allow me to pm them, I'd be grateful! Additional Info: The case is in NJ. Special Civil Part. Breach of Contract. Less than $2,500 cc account Within SOL. - 6 years Did not send DVR before lawsuit. Can't remember any correspondences pre-lawsuit. Not saying it didn't happen lol! This debt has been disputed with the credit bureaus. Can't remember last payment. The bill they sent is from May 2011. They made reference to a payment I made in 2010. Currently awaiting trial with no jury, 4/17.
  24. I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescinding their request for sanctions. As of yesterday I have received another request for sanctions because I haven't given them the bank records. Can they do this???? I never saw a motion to compel, never had the chance to dispute the motion and the court just stamped a order for me to provide documentation!!! If I provide the information will it destroy my case? I have been fighting the case based on the fact that the plaintiff has not provided me with any proof they own this "debt" and have only provided me with copies of an electronic statement with transactions and my name/address. I sent them a discovery request for proof of ownership and they came back stating that I didn't submit my request correctly so they didn't have to answer me. As far as I can tell I did submit it correctly. If they had the proof they needed wouldn't they have just requested a trial and been done with it? Thanks for any help someone can provide!!!