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  1. I am trying to help my son who is being sued by Capital One for credit card debt. I really wish I had found you sooner but maybe there is still time to do something, I am hoping you can help. We issued a general denial and I was going to challenge jurisdiction so I was looking for some information for that when I happened upon this website and saw the, DEFENDANT'S ORIGINAL ANSWER, PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS provided to Htown, oddly enough 3 years ago today. I read it over and it looked like just what I need except the plea to the jurisdiction is addressing a debt coll
  2. I got a letter in the mail from a credit lawyer saying someone has filed a law suit in my name gives a court case and suing by Barclays Banks case was filed on 04/18/2018 ... I’ve never heard of this bank what should I do ? I have not been served
  3. Hello, I'm new here. Short story to explain what I am wondering. I've been out of work, need back surgery, 59 yr old female, zero income. Husband lost his good 16 yr. High paying job. Now he works hard labor at $11 hour. We own one paid off house, one van that will pay off in Sept 2018. Once our income went to hades, we were only able to pay utilities and eat(also joined a food bank. ). It's bad, real bad. All of our unsecured credit accounts went sour. We both owe 3 or 4 to Midland and some other creditors. Midland/MCM put a judgment againt me and we ha
  4. 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint. 3. How much are you being sued for? $3,000 4. Who is the original creditor? (if not the Plaintiff) WebBank 5. How do you know you are being sued? (You were served, right?) Served. 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you b
  5. Hello! I'm new here and I've never been sued before. I have been reading on how to Answer a Complaint since I received a Summon yesterday. Please review the complaint and help me answer it. Thank you. 1. Plaintiff, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC ("Plaintiff") is a limited liability company qualified to do business in Ohio. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, MY NAME, (hereafter "Defendant"), residence lies within the jurisdiction of this Court. FACTS 3. Defendant opened an
  6. I was served a "Consumer Credit Transaction" on the 19th of August. In it, it indicates that I am "summoned and required to serve upon plaintiff's attorney an answer to this complaint in this action within twenty days after the service of this summons, exclusive of the day of service..." The attorney is out of Schachter Portnoy LLC in Valhalla NY and it says that the plaintiff is "Cavalry SPV I, LLC, AS ASSIGNEE OF SYNCHRONY BANK" Page 2, which contains the "VERIFIED COMPLAINT" states in part: "1. That at all times hereinafter mentioned, plaintiff, CAVALRY SPV I, LLC, is a limited li
  7. Hi all, I am located in Austin, TX in Travis County. I started receiving letters from lawyers last week wanting to represent me in a lawsuit that was filed on 7/20/17 and provided a case number. I looked online but cant find the case with the courts..but I may not be looking for it correctly as I've never been in this situation. I think its probably related to a bank of america credit card that with 30k that could no longer be paid from 3 years ago after financial problems. I expect to be served any day. I plan to answer with a general denial within 20 days. I have been reading a lo
  8. I've read alot of forums today about Midland funding suing for debt they bought from a creditor. I had a past one (actually today) that I paid a lawyer to take care of well he won my case. Now Midland funding is suing for another debt I had also. I don't want to pay another lawyer. If I had all that money I would have paid off the debt myself. Now this one is suing me for less than the one I had hired a lawyer for. I already called the magistrate office to defending my case. So I know I'll have a different paper coming in the mail. My question is do I just go in that day let them
  9. Hello all, I've been combing the forums for about 5 hours now and I was hoping to get some help specific to my situation. Thank you in advance for taking the time to read this and hopefully responding. 1. Who is the named plaintiff in the suit? Myself. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blatt, Hasenmiller, Leibsker, & Moore, LLC (representing Capital One) 3. How much are you being sued for? $5454.23 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank (USA), N.A. 5.
  10. I recieved a summons and complaint, by a serving officer in the state of Michigan. Barely anything was attached to it, except 7 statements to the court which I will now copy 7 Claimed Statements and what my reponse would be (I Just have no idea how to send it) 1. Jurisdiction and Venue are proper in this court. (the 60th district, has jurisdiction over me I don't dispute that). Me- The Defendant admits this allegation in its entirety 2. Defendent entered into an agreement with the plaintiff's assinor, SYNCHRONICITY BANK, for an account number ending in XXXX (Honestly don'
  11. I WON TODAYYYY!!!! MIDLAND FUNDING filed a lawsuit against me in Lancaster County Pennsylvania claiming that I owed a debt to an old credit card company. They had a lawyer out of Philadelphia Pennsylvania file against me in my local Magistrate Office. I was in the middle of moving when the first notification came through and missed the court date. Thank God the judge did a little research on Midland funding and decided to extend the date requiring Midland to prove that they own the debt and to prove how they got to the amount of that debt and to prove they have the right to hav
  12. Can anyone guide me with answering this summons and copy of complaint. I got a credit card with my son as a co signer for him to use to purchases a medical device. He hasn't been able to pay it and i'm getting sued. I have 20 days to answer.
  13. I am being sued by midland funding LLC, could use to some help for pre trial or some opinions would help. Docs plaintiff provided have some discrepancies as well.
  14. Please help...... I was served on April 6, 2017. I tried to call PRA on the 14th and 17th of April. Once I went to their website and put in my information I called and actually got a person. I now know I shouldn't have. I went to file my answer on the 17th. The process server had not put it in the system yet. I believe the 14th day is the 20th. The amount they say I owe is $996.25 from World Financial, Ann Taylor. There was no statement attached to the citation or any evidence attached at all. It also states that I made my last payment on or around December 12th, 2013. I don't know how to w
  15. Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney. I've answered the questions necessary thats been requested by the admin/moderators. Thanks again ahead of time. *Note: I've left out specific info. If anyone needs more specific info I can message or email
  16. Hello everyone. I could really use some help here. I received a summons on Friday and I am not exactly sure what to do. I have never had to deal with any sort of legal issues before. Any help would be appreciated. 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gamache & Myers PC 3. How much are you being sued for? $615 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 5. How do you know you are being sued? (You were served, right?) Summons 6
  17. I am being sued by Cavalry SPV I, LLC as assignee of Capital One Bank. Their lawyer is Winn Law Group. For $3,700.00. Since I was never served at all by mail or at home, I submitted a Motion to Quash. The company they hired to serve me stated they served a person who is about three inches taller than I am and of a different race! I have no one who fits that description who lives or has visted my house. I believe the company that was supposed to serve the papers did sewer service (which to me means they claimed they served the papers but did not). Anyway, the judge accused me of getting
  18. I got served by a JDB, for a debt of an amount under $3,000 and am working on making my response. Thanks in advance for help!
  19. In oct/nov of this year I was sued by Eaton Group for old debt. I have made a payment within the last year or so but it's been a while. I can't reach them on the phone after numerous attempts and leaving voicemails. I've sent a certified letter and lately I've been faxing them to avoid further legal action. And to set up a voluntary payment plan! Also they want me to sign a consent judgment and my friends keep telling me not to sign it. I need Louisiana advice please!
  20. Ok so I posted here before about being sued by Portfolio Recover Associates. Well I filed my general denial and its been months. PRA sent me some mail saying they had documents and I needed to sent them a written notification in order to obtain them. I never responded to that. Now I have a court date set for this Monday coming up. Does anyone have any recommendations for this? I have my cardmembers agreement that I will take with me and if things go wary, maybe I can ask for the private contractual arbitration as outlined in my agreement? Any suggestions would be helpful.
  21. Looking for some assistance on what to do. Back in April I filed my General denial not requesting arbitration, kind of forgot about everything and then got a letter in the mail saying I have court coming up on Monday the 7th of November. I have my member agreement showing I can use arbitration but what I want to know is if they don't back down how do I request for the private arbitration as stated in my card members agreement. Any help would be great. I would like to know how to write out the Motion to Compel Private Contractual Arbitration and what how to file it when I do go to court on
  22. I was just served this morning with a summons and complaint and need advice on what I need to do next in the State of Nebraska. HELP PLEASE !!! 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandy L Musta 3209 West 76th Street Suite 301, Edira MN 55435 (Rausch, Sturm, Israel, Enerson & Hornik LLC) 3. How much are you being sued for? $2,365.88 4. Who is the original creditor? (if not the Plaintiff) US BANK National Association. 5. How
  23. Being sued by Cach LLC for a debt allegedly incurred my by defunct business for $31,000. Original creditor is Wells Fargo. Here are the bullets: Plaintiff Petition Filed 3/2015 Defendant Answered Petition 5/2015 Plaintiff Filed "MOTION TO COMPEL DISCOVERY RESPONSES AND TO SET DISCOVERY CONFERENCE" 6/2016 Plaintiff Filed "NOTICE OF HEARING ON PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES" 6/2016 All of the Plaintiff's communication was mailed to my now ex-wife's old house address, so I never received the communication. As a result, I was not able to respo
  24. Good morning, I've attached the petition that I received taped to my door about being sued by this collection company. I have to answer within 14 days and I have no idea how to answer in a professional way but also a way that I don't mess up and make me lose the case as well. The court suggested I contact the lawyer on the last page and work out an agreement to drop the case and I settle the debt. After reading numerous sites about this company, I'm not seeing anyone suggesting that since this company is bad about never stopping to collect until they get the whole amount they ar