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Found 124 results

  1. In March of 2013 I had received a letter from Midland MCM for an alleged debt. I in turn sent a certified debt validation letter to said company. A few days later I got a letter back from MCM stating that based on the information they would remove all MCM activity from all three major credit reporting agencies. Also they Never provided any debt validation. I looked at my report and they looked at my report in December of 2013 for "collection" reasons. I am wondering how they can still do that after the letter they sent me and also not giving me debt validation as well per the 30 days on my letter. I assumed after they stated they would no longer be reporting on my credit , why are they still hard hitting it?
  2. Good afternoon all. I made a major mistake with taking out a personal loan with a company based out of Idaho, and I need some advice. I took a $1500 loan back in August 2013, and was making payments every two weeks. Everything was fine until the government shutdown in October 2013, and I lost nearly a months worth of income(I'm a contractor). I explained to them my situation, and they were less than helpful. I got behind on my payments, and they were threatening to take me to court. In the end, I ended maxing out one of my credit cards to take care of the daily accuring interest, as well as the missed payments just to stop the phone calls. I am in the process of paying down some debts, and all of my other creditors were gracious enough to place me on an affordable payment plan. Even though I am caught up with the creditor in question, because the daily interest, I'm not getting anywhere with paying off this loan, and having to pay every two weeks has been difficult and stressful. As I stated, they refuse to place me on an affordable payment plan due to my financial setback, and anytime I do not pay on time, they threaten to sue. I've researched this company on the State of Idaho's website...they do sue their customers, and most of the time they've won. I do not have the time to go to court over this, and I cannot afford to have a judgement on my credit report(especially since I had one successful removed last month). The only option I see in dealing with this creditor is taking an entire paycheck and paying them in full, but I know that will put my other financial agreements in jeopardy. I normally would not have a problem, picking and choosing which bills are more important to pay, but with the threat of a lawsuit, I feel trapped. I do not plan to loan with these people EVER again. Any advice/suggestions/stories of experience is greatly appreciated.
  3. 1. Who is the named plaintiff in the suit? Some JDB 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Leaving out the name, but I checked and it is a real law firm, not just a PO Box. 3. How much are you being sued for? Just under $3500 + interest and legal fees 4. Who is the original creditor? (if not the Plaintiff) A major bank. 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person, at my home 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? AZ, Cochise 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to collection notice on my credit report, the first default on the alleged debt occured in April 2009. I have no other records and the complaint provided no information other than alleged balance. 11. What is the SOL on the debt? 7 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Summons Issued as of 11/5/13. I was served on 12/18/13. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No. I didn't know about it until I was served. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have to answer by 1/7/2014. The charges are vague, but I'm assuming it hinges on "breach of contract." 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Full complaint is below. -------------------------------- For its causes and complaint against the above named Defendant(s), the Plaintiff alleges as follows: I That Plaintiff is a legal entity entitled to bring this action under the Statutes of the State of Arizona. That Defendant(s) are residents of the State of Arizona. That Defendant(s), if applicable, are husband and wife, and the acts alleged herein were done for and on behalf of their marital community. Jurisdiction and venue are proper within COCHISE County and this Court. II That on or about **/**/2008, the Defendant(s) made, executed and delivered to {Bank Name}, a revolving Credit Account Application (Agreement). Thereafter, a contract was formed. The contract was subsequently sold and/or assigned by the original creditor to Plaintiff. III That Defendant(s) have breached such contract and defaulted in payment of the indebtedness owed to Plaintiff under the terms of the contract in the present principal sum of $xxxx, with accrued interest in the present sum of $xxxx, and with accruing interest at the contractual rate of x.xx percent per annum from date of judgment, until paid, after deducting all payments and just credits. IV That Plaintiff has made a demand upon Defendant(s) for payment of all sums due pursuant to the contract, but Defendant(s) have failed and refused to pay the amount. V Pursuant to the express written provisions in the contract, Plaintiff is entitled to recover from all of the Defendant(s) its reasonable attorney's fees and costs incurred in the prosecution of this action, and the collection of any judgment rendered. That Plaintiff alleges that the sum of $xxx is a reasonable sum to be allowed as and for its attorney's fees herein, in the event Judgment is rendered by default. WHEREFORE, Plaintiff prays for judgment against Defendant(s), jointly and severally, as follows: 1. For the present principal sum of $xxxx; 2. For the accrued interest thereon in the present sum of $xxxx, plus accruing interest on the principal at the rate of X.XX% per annum from date of judgment, until paid; 3. For Plaintiff's reasonable prejudment and postjudgment attorneys' fees and costs incurred in the prosecution of this action, and the collection of any judgment rendered; 4. For such other and further relief as this Court may deem just and proper. ------------------------------------------------- So... Arizona, from what I've read, is a tough place to fight these vultures... and after checking my credit report... it seems I actually have a handful of "open" accounts by several JDBs who are also going to be suing me in the near future. Win or lose, this could end up being a life-long battle of shooting down a case, having the account resold, and having to fight it again. And if it was just me, I might even enjoy fighting back just for the fun of it. However, I'm recently married and my wife has nothing to do with any of these debts. And since this is Arizona, I don't think any judge will treat her fairly if things don't go well for me in trying to fight off all the JDBs by myself. I'm starting to think I may be better off just planning on filing Chapter 7 to save my wife from any future hardships. If anyone here is, or can recommend, an attorney experienced enough to successfully defend this particular case, please PM me to discuss retainer. Otherwise, any conversational insights into a hypothetical defense for the case are also welcome. Thanks.
  4. I'm disabled and I have $11,500 in credit card debt. I live with my parents and I asked them to stop paying my credit cards in order to eventually settle for as little as possible. I'm hoping to wait about four more months so the debt could go to a collection agency so I can settle for a small percentage of the total, or possibly letting it go and not paying at all because I'm not really concerned about my credit rating. I'd rather avoid bankrupcy though because it costs money, and I could use that to settle. The banks obviously started calling me about this and I recently told them to communicate only by email. The debt amounts are $5,700 on Capital One, $2,700 on Discover, $1,500 on Chase and $1,600 on Bank of America. When they called, I would tell them that I live with my parents, lost my job (even thought I havent had one in many years), don't have any savings, but trying to 'save up', but not the entire health situation. I should mention that I stopped using credit cards and only deal with the cash I'm given access to. I want to avoid the hassle of a lawsuit, even though I know I can still negotiate after they sue, but I'd like to find out the best things to say to them so they really believe they won't get anything from me, and so they don't sue me, what things should I avoid saying, and what are the chances of actually getting sued for this?
  5. Greetings - I have received a response to my DV request and the firm has given me two weeks to call them to set up payment. Now - after reading through various topics, the response was junk and if necessary I could challenge the chain of custody because what they sent in (to me at least) offers no proof that the JDB actually bought the account nor includes how the amount they bought was derived at (just a couple old statements and a notorized affidavit from a JDB employee who confirmed their information). What would be ideal for me though is to send them back looking for additional information. The SOL will be up in 86 days so I want to just stall, stall, stall any further action by them before they file suit. So my question is, what is the best way to accomplish this? Depending on what/who you read the response I should send them should either be very vauge - just say the matter is still in dispute. Or others suggest that I point out specifically what I have issue with and request that they send me the relevant information. I don't know which response to send. I'm inclined to ask them to send me the Bill of Sale from the OC and an itemized list of transactions which ends with the alleged amount that the JDB bought from the OC. Not sure what to do right now but want to be sure to get a response sent to them so they do not think I have just rolled over on the matter. Suggestions on what to do? Short denial? Detailed? Pluses and minuses of each? Thanks in advance!
  6. Hi, this is my first time posting. Although I am somewhat familiar with debt collection/validation procedures, I am NOT so savvy in the summons - we're-suing-you procedures. I was served a limited, civil summons in person eight days ago saying that the Plaintiff, Razor Capital LLC, (represented by Nelson & Kennard) is suing me for just over $2000 for a debt that they claim that I owe to GE Capital Retail Bank. I have been getting voice messages from Nelson & Kennard for the past couple of months (I did not call them back), but I have never received a dunning letter or any other kind of correspondences from either Razor Capital LLC or Nelson & Kennard. I called Nelson & Kennard and recorded the call in which I told them immediately, and they told me that they had sent me a demand letter on April 3, 2013. I keep maticulous records and would have requested validation right away if I had received anything from them! This account was sent to collections three years ago to a different CA and when I requested validation from them, they did not respond; I never heard back from them. This account is being reported by only the OC on my CR. My question: Is there an FDCPA law that requires CA's/Attorneys to send a demand letter to an alleged debtor more than one time before they just go and try to sue someone??? Also, my name is on this summons, but my address isn't, is this normal? I am going to the court (15 miles away - ugh, there's a superior court 2 miles from me!) on Tuesday (Nov. 5) to get the appropriate forms that I need to file my answer. Thanks again! Jo
  7. Greetings all. Love this site. Midland Funding is suing me. I answered the summons on time, however I believe my ADs are weak. I filed a CMS, but they did not. I attended the CMSC, but they did not. Unfortunately, I have fumbled the Discovery portion of the suit and I need help. The trial will happen in the latter part of next month. I sent them a Demand for Inspection of Docs, which they have sent to me. I also sent them a Request for Statement of Witnesses and Evidence, which was deemed improper. I have to resend it. They have sent me documents, such as Interrogatories, Product. of Doc. and Requests for Admission documents. I am confused on how to properly answer them, the docs, since they have already sent me affidavits, CC statements, Bill of Sale, affidavit of sale and other things. Please help.
  8. Ok, here we go. So In june I received a summons in my door from Midland about a Chase Credit card I had somewhere around 06-07. Unforuntately I lost my job and was no longer able to afford payments on the card back then. Needless to say, it went to collections then on to Midland. When I was served, I was gracious enough to find resources much like this blog in order to properly respond seeing that I don't have the funds or resources to afford an attorney. Here are my case details; 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.) No Law Firm in particular, about 4 different attorney's names. 3. How much are you being sued for? 3496.63 4. Who is the original creditor? ( if not the Plaintiff) Chase Bank USA, NA 5. How do you know you are being sued? (You were served, right?) I was served at my home, not personally, it was left in my door. 6. How were you served? (Mail, In person, Notice on door) Notice on Door 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? I don't recall. I think they may have mailed things out to me but, i've received so many collection notices I honestly cannot remember if they did or did not. 9. What state and county do you live in? CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Probably back in 06 or 07. I have not made a payment to Chase or to Midland since that time. 11. What is the SOL on the debt? To find out: 4 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). Pending 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, I filed an Answer and mailed a proof of service. That is all. 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? The summons was filed on 6/21, I responded with my answer (General Denial) on 6/28. I had 30 calendar days to respond and did so as requested. I was unaware up until now, but a hearing has been set sometime in May of next year. As far as my charges, It seems they are just charging me with non-payment of a debt within the last 4 years which is not true. 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. They included an Exhibit A showing a notice of new ownershp and pre-legal review, which i have no recollection of recieving, in addition, it doesn't have the correct unit number when it was sent. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ==================================================== I have now received 3 documents and dont know the first place to begin; 1) Plaintiffs request for admissions to Defendant, Set No. One 2) Plaintiffs Demands for Production of Documents to Defendent, Set no .one 3) Plaintifs Special Interrogatories to Defendent, set no. one. Any help would be GREATLY appreciated! Are any of the responses to the documents listed above time sensitive? Thank you advance, and Bless those out there that help people from the kindness of their hearts!
  9. 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!!!
  10. I have been contacted by a CA over an alleged credit card debt of $15,000.00 + this is now the third CA that has contacted me over this alleged debt. I requested validation and received a generic reply listing the date they purchased the debt, the OC's name Etc. This will be past the SOL in just under a year. At this point should I just wait it out and ignore any contact by the CA in hopes that the SOL will pass before a suit is filed. Based on the amount I am assumiming that the CA will file suit, but was wondering if anyone out there with a similar situation has had the SOL pass and not be sued.
  11. Here we go! I received a notice from the courthouse saying a trial date has been scheduled for later this month. I actually wasn't expecting this so soon because I just responded to Midland Funding's demand for production of documents, requests for admission, and special interrogatories about a week ago. I've moved out of California, but the court participates in the CourtCall system. I'm hoping to schedule to appear by phone. What is the best defense strategy at this point for lack of standing? #19 below spells out the documents Midland sent in response to my RFP. When it comes to the sale/transfer of all right, title, and interest to the account, I believe the documents they provided are insufficient. Should I do a court appearance by phone and argue that Midland has not provided evidence that substantiates their ownership of the account? Should I send a follow-up RFP asking for the documentation that's missing? Can I file some kind of motion with the court to tear down their evidence? My husband is still in California, so I'm able to sign documents, send them to him overnight, and have him mail things on my behalf or file papers with the court in person. My sincere thanks to everyone in this excellent community who have been helping me through this! 1. Who is the named plaintiff in the suit? Midland Funding. They claim all right, title, and interest to the account was sold to them. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Midland Funding, no outside lawyer. 3. How much are you being sued for? $6,000+ 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?) I was served. 6. How were you served? (Mail, In person, Notice on door) Left summons at a commercial address where I have a mail box. 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. I've since seen copies of their collection notices. However, the notices were mailed to an incomplete address - a commercial address where I have a mailbox without a mailbox number. 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Three years. 11. What is the SOL on the debt? SOL has passed. 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 filed a General Denial and sent a RFP to the Plaintiff (Midland). They responded by sending me documents outlined in #19 below. Midland sent a demand for production of documents, requests for admission, and special interrogatories. I responded to these in late July. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes. 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 never received any collection notices from Midland. 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. I responded to the suit in time by filing a General Denial. 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. The cause of action is account stated: "... became indebted on the Account to Plaintiff in the sum of $--- on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff." 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. The summons doesn't include a signed declaration. 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? No. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence was sent with the summons. In response to my RFP, they provided me with an affidavit regarding the sale of a pool of accounts from Chase to 'Collection Agency A' and a bill of sale for a pool of accounts from 'Collection Agency A' to Midland. There is no bill of sale or backup documents regarding the initial sale of the pool of accounts by the original creditor to the collection agency who originally purchased them.
  12. Midland filed a lawsuit against me in California earlier this year. So far, I've been through the process of sending them a RFP, receiving their response, receiving their Request for Production of Documents, and recently responding to that. I moved out of state last June, and am no longer in California. Are there steps I can and should take to notify Midland and/or the court? My husband is still in California, so he's able to forward any mail to me and send signed documents to Midland on my behalf. He'll be leaving California in September or October, though. Midland filed the lawsuit while I was temporarily living in California after the death of my father. Is it possible for me to request a change of venue to my home state? Any information would be greatly apprecaited. I haven't been able to find any information on the boards about what happens when you move out of state. Thank you.
  13. I have until the end of the week to file my paperwork for a recent lawsuit I have to respond to. My question is, do I pay the normal filing fee that I would when Answering a summons? Since this would be a motion, would I instead pay for filing the motion or would I have to pay both?
  14. I recently received documents from Midland that include Plaintiff's demand for production of documents, requests for admission, and special interrogatories. I'm hoping some of you can help me prepare a response to the following. The Request for Admission includes several requests that center around a "Pre-Legal Reminder" notice they sent me last year. They included a copy of this notice as an exhibit. The notice reflects an incomplete address that doesn't include my box number. It was never received. Documents to be produced: 1. Any and all documents that refer or relate to credit cards issued to you by Chase. 2. Any and all documents that refer or relate to a credit card assigned by Chase. 3. Any and all documents that refer or relate to transactions initiated by you on a credit card assigned by Chase bearing account No. xxx from (date) to (date). 4. Any and all documents that refer or relate to payments made by you to Chase that were applied to the outstanding balance on a Chase credit card. 5. Any and all documents that refer or relate to correspondence sent by you to Chase from (date) to (date). 6. Any and all documents that refer or relate to correspondence received by you from Chase. 7. Any and all documents that refer or relate to telephone calls made by you to Midland Credit Management. 8. Any and all documents that refer or relate to telephone calls received by you from Midland Credit Management. 9. Any and all documents that refer or relate to correspondence received by you from Midland Credit Management. Request for Admission 1. Admit that you applied for the account. 2. Admit that you used the account. 3. Admit that you received monthly billign statements from Chase related to the transactions made. 4. Admit that you made payments on the account. 5. Admit that you owed $________ on the account at the time the complaint in this action was filed. 6. Admit that you have not repaid the $________ due on the account. 7. Admit that the date of your last payment on the account was (date). The notice mentioned on the following lines was mailed to an incomplete address (no box number) and was never received. 8. Admit that you received the Notice of New Ownership and Pre-Legal Review from Plaintiff. 9. Admit that you did not dispute the ownership of the account by Plaintiff. 10. Admit the Notice of New Ownership and Pre-Legal Review attached hereto is a true and correct copy of the letter you received from Plaintiff. 11. Admit that you did not dispute the accuracy of the Notice of New Ownership and Pre-Legal Review letter attached hereto that you received from Plaintiff. 12. Admit you owe Plaintiff $_________. Special Interrogatories 1. State each name by which you have been know over the past 6 years. 2. State each residence address you have had within the six years prior to the date of your responses, including dates you lived at each address. 3. Stat ehte name, address, and phone number of each employer you have had for the past 5 years, including the dates worked. 4. Did you ever report to Chase that there was an inaccuracy in any billing statement you received? 5. Did you ever report in writing to Chase that the account was open as a result of fraudulent activity? 6. State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for the damages plaintiff claims in this action. Thanks in advance for all your help! Here's an overview of my particular case: 1. Who is the named plaintiff in the suit? Midland Funding. They claim all right, title, and interest to the account was sold to them. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Midland Funding, no outside lawyer. 3. How much are you being sued for? $6,000+ 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?) I was served. 6. How were you served? (Mail, In person, Notice on door) Left summons at a commercial address where I have a mail box. 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. I've since seen copies of their collection notices. However, the notices were mailed to an incomplete address (a storefront where I have a mail box). They did not include a box number. 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Three years. 11. What is the SOL on the debt? SOL is four 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). I filed a General Denial and sent a RFP to the Plaintiff (Midland). They responded by sending me documents outlined in #19 below. I received a Notice of Case Reassignment from Midland last month with a new case number and assignment to a different courthouse location. There is no court date. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes. 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 never received any collection notices from Midland. 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. I responded to the suit in time by filing a General Denial. 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. The cause of action is account stated: "... became indebted on the Account to Plaintiff in the sum of $--- on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff." 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. The summons doesn't include a signed declaration. 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? No.   19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence was sent with the summons. In response to my RFP, they provided me with statements from the OC and documents regarding the sale of the account from Chase to 'ABC Company' and from 'ABC' Company to Midland. The only document regarding the Chase sale is an affidavit. There is no back-up documentation showing my particular account was among the pool of accounts sold.
  15. Hello, I'm currently in the process of helping my sister fight a lawsuit brought against her by PORTFOLIO RECOVERY. The original creditor was G.E. Money. We’ve already gotten through the process of filing an answer, responding to the interrogatories, and serving them with a Bill of Particulars. The question I have is regarding their response to the Bill of Particulars. The following is portion of the letter that was sent to my sister. [Pursuant to Ca Civ. Proc. 454: A demand for bill of particulars may be served on the plaintiff only in an action on "an account." A Bill of Particulars is not appropriate in an action on an account stated, because an account stated is deemed to merge the various items which the earlier accounts were based: i.e., there is nothing left to itemize] Any help with interpreting this reply to her BOP and what her next move should be would be greatly appreciated. Thank You
  16. Earlier this year Midland Funding filed a lawsuit against me for a credit card account that went into default 2-3 years ago. The total amount they claim is slightly more than $6,000. After posting a message on the boards regarding this, I filed a general denial. I also sent Midland a Request for Production (RFP). They responded to the RFP with loads of documentation showing how ownership of the credit card account had changed hands (as part of a bulk sale) through two junk debt collectors. Since that time, I've received no further communication regarding the case. I'm interested in settling the debt. However, because a court case has been filed, I'm not sure if I can or should contact Midland directly with a settlement offer. My letter would not admit responsibility for the debt. I would merly offer to pay a percentage in exchange for having the original credit card account listed as "Paid/Settled" on my credit reports, and the collection account removed entirely. Is there a smart way to approach Midland with a settlement offer? What percentage should I offer? (I thought about starting at 20-25%.) The lawsuit was filed in California while I was living here temporarily after the death of a parent. I'm going to be moving back home, out of state, in a few days. How will this affect Midland's lawsuit? If and when a court date is set, will I be obligated to return? I need to have this cleared from my credit reports because I plan to purchase a house with my husband within the next 2-3 months. The bank will require this to be taken care of. Thanks in advance for your input.
  17. I'm trying to find the registered agent for Chase Card Services as it reports incorrect info to Equifax. According to the credit report and a fax I received from Chase Card Services, they are in Delaware (PO box). But, when I search https://delecorp.delaware.gov/tin/controller I find nothing for "Chase Card Services." Do we sue and serve JP Morgan Chase? There are only several hundred ... Or do we just serve at any Chase branch? Thanks for any pointers, Christine
  18. Hi everyone, I have one item on my credit report that I don't recognize. I'm not sure if I should report it as ID Theft since there is a chance it is mine and I just don't remember it. Is DV the best way to learn what this item is? The thing is, I've heard that some agencies will file a lawsuit against me if I request DV. I am disabled and homebound and cannot physically get to a courtroom, so I am really scared of this happening. The amount of the item is low and if it would be safer and easier I would just try to do a Pay for Delete or even just pay it off if that would benefit my credit report at all. The CA is Portfolio Recovery and the OC is HSBC. I appreciate any advice. Thank you.
  19. 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A., 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) The Moore Law Group 3. How much are you being sued for? $9794.21 4. Who is the original creditor? (if not the Plaintiff) Plantiff 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person at Home. I was served April 15th but it seems to indicate Mar 26th so I'm not sure how long I have to answer. 7. Was the service legal as required by your state? I think so? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence at all. The last correspondence I got from Capital one was several months ago when they Charged off the debt. The first correspondence I received from Moore Law Group was when I was served the Summons. 9. What state and county do you live in? CA, Napa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2012 11. What is the SOL on the debt? To find out: 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). Checked out the courts website but I could only search for Traffic and Criminal cases. Nothing for Civil. I will go down the the Courthouse tomorrow to inquire. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not. 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. Also I have not. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have "30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff." I was served on April 15th but every date on the document indicates Mar 26th. I think they sat on it for 3 weeks before serving me so I'm not sure when the court thinks I was served. 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 of any kind was included or indicated in the summons. Just a list of 3 "Cause of Action" where they state that I owe them the money plus "the costs of suit".
  20. Hi, I am in Florida and dealing with a quickly approaching issue. I had a credit card account with Chase in excess of $35K and defaulted in 2008. Pride Acquisitions has served me with papers which I have to quickliy respond to. I had already "Fired" Baker Sanders, using the correct verbage, under The Fair Credit Act etc etc. as they are not the original creditor of my account, via Certified mail but was still served. Will sending a copy of that letter and the proof of receipt and my objection that they are in fact not my debtors slow or cease the process?
  21. My spouse is being sued by attornies on behalf of CACH - without going into lengthy particulars, we answered the summons, etc. but we are wanting to settle and they broached the subject by phone yesterday - we have CMC soon and would like to proceed with a settlement asap. The actual debt was $5000 and has ballooned to just over $5700. They offered a $4300 settlement. The debt is valid and my spouse just wants it OVER...will NOT consider fighting, so we dont even need to go there in this forum at this time. We would like to counter but are unsure of how AND how much to offer? We do want to get this settled but dont know how to proceed. We are communicating at this point via email as they put a 48 hr. time limit on this first offer. Your thoughts...advice? Greatly appreciated!
  22. Through the kind and thoughtful help on this forum I was able to defeat a MSJ and I am now scheduled for a trial date in 2 weeks. I have to send in a Trial Brief outlining my case. Can anyone help with form or advice on content? I am being sued for approx. $5,000 CC balance. I am worried if I lose (which a court ordered mediator told me I would) that they will be able to garnish my wages? Can anyone help me on that subject? Should I ask for arbitration? I believe that the attorney who filed is really a JDB and does not represent the CC company like he claims. How can I prove this or bring it up in court? Do I have the right to a Jury trial? If so, how do I ask for one? Any advice would be greatly appreciated.
  23. On Jan.2, 2013 Collection Agency XYZ called me about a debt they say I owe from a totaled car that owned back in 2003. This was the first I ever heard from them or the debt. I explained to them that my car was totaled and that my insurance company paid off the loan. They told me this was not true. I asked the collection agency to send me something in writing, as this was the first I heard about this debt. They refused and try to get me to set up payments. When I asked them for there mailing address they also refused to give it to me. I told them they were a fraud and abruptly hung up the phone on them. Once I got off the phone with them, I did some research on Google about XYZ. They are a junk debt buyer. I called the FTC and the Georgia Dept of Consumer affairs to file a formal complaint against them as i felt I was being harassed. About 3 weeks later, I received a letter from XYZ dated Jan. 13, which is 11 days after our first contact. In this letter they stated that I have the right to validate the debt in writing. I did send them a DV letter on Feb. 11 which they signed for Feb. 20. They haven't responded to my request, yet they continue to call me. I had two voice mails from them last week. I need some suggestions as to what to do now? I wanted to sue them for FDCPA violations, however, I was told by the small claims court here in Savannah GA that I have to file in the location where XYZ is located. They are located in another state at least 7 hours away. Please give me some feedback. Thanks Rjeffery1 =)