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  1. Does anyone know if I can use the fact that the jdb has reported a larger amount owed on my credit report than what they are sueing for? (They are suing for the amount on the only statement they provided.). Answer is submitted and pre trial is in 30 days. No standing was used as well as failure to state a claim.
  2. I have been sued by FIA in a credit card debt case. First of all I did not receive a demand letter. 2.When the suit was delivered I had no idea who FIA was. 3.The card name they were suing for was Bank of America (had not been resold). 4. The account number on the application, and the original motion was the wrong account number, different from what was on he billing statements. 5. Everything I had had Bank of America all over it. 6. I sent in a dispute letter certified mail, and never received anything back in return. But FIA is saying because I mailed it to the name and address liste
  3. Can one law firm pass a debt to another law firm and 2nd one claim they got from OC? The 1st law firm replied to a DV letter I must of sent to them and then I never heard anything from them again. They responded with one statement to validate. The second law firm filed suit. So in essence they purchased this from the 1st law firm and not the OC?
  4. Hi, everyone. About a year ago, a JDB filed a Complaint against me for an alleged collection account. Despite never being served, I found out about the Complaint and filed my Answer and proof of service for it right away. The Case Summary reflects this, as well as several entries that say, "09/xx/2013 DECLARATION RE: NON-SERVICE FILED," which I'm assuming are indicators that the Plaintiff is filing paperwork to keep the case open without subjecting themselves to countersuit. Since my Answer and Proof of Service thereof have been accepted by the Court, do I need to be at all concerned reg
  5. 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
  6. I was served on Friday. I'm not sure what the best way to proceed is. 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.) Hayt, Hayt & Landau, LLC 3. How much are you being sued for? $21XX 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?) Served 6. How were you served? (Mail, In person, Notice on door) Sheriff a served the docs. 7. Was the service legal as required by your
  7. Hello everyone, I am being sued for CC debt by Midland and need some help (even after reading bmc100's thread and tons others), it mostly pertains to the answer. I want to thank you in advance for your help! I would love to put together a form for every step of my Michigan suit, so others could simply enter their information and tune some of the responses to their particular case. Hopefully that would lift some burden off anyone sued in the future. I have attached the entire complaint (edited of course) and listed a google drive location below where you can view it Link: Removed until full
  8. Sued by JDBs(2 different cases) while on Public Assistance in CA.(served on Dec31) Please let me know of my most effective option with its reflection on our(family) future. ...i belive in you to be the best guide after reading and learning here... Thank you kindly
  9. On Feb 2nd I received a letter in the mail from DA (Debt Arbitrators) saying that they can reduce my CC Debt of 20k to 11k (See attached) I took out all the personal info for obvious reasons. Included with the letter was a "winter catalog" not sure what the purpose is if that. On Feb. 6th I received another letter very similar to the first on only on it was Pink and some dates changed. So I decided to called them on Saturday (Feb. 9th) and talked with a Laurie from Debt Arbitrators and she was really nice and persuasive explaining the basic process of how it works and convinced me to sig
  10. Very interesting on how quick cash places sue you
  11. Hello, My wife and I have a joint credit card with her being the Primary. We have learned that we have a case filed against my wife only as she is the Primary on the card. Can they file against me later on, or at any time later as well if the acount is in both of our names? Thanks in advance to everyone who can help us in this answer. Regards, Scooter.
  12. 1. Who is the named plaintiff in the suit? Liberty Acquisitions Servicing LLCPO Box 17210Golden, CO 80402 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Robert Busch P.O. Box 17090Golden, CO877-328-6180 3. How much are you being sued for? Unknown 4. Who is the original creditor? (if not the Plaintiff) Unknown 5. How do you know you are being sued? (You were served, right?) Deputy Sheriff attempted to serve me at previous address where family still resides. Searched Nebraska court cases and found it. 6. How were y
  13. Please delete this thread, corrected and reposted at:
  14. So I was served 10-6-13. Old Hsbc Credit card bought by Investment Group. Do I respond myself or hire an attorney? The total stated in the summons is less than $4,000.00 what would legal service cost? We are just getting back on our feet thank you very much for advice. Summons form states: Served summons on 10-6-13 Summons and Complaint 67-1st state of Michigan Plaintiff = Investment Group Portf Defendant = me Issued 9-30-13 Expires 12-30-13 Date June 10, 2013 Complaint letter states: 1 That on or about 06/21/1995 Defendant entered into a written credit card agreement, for the extension of
  15. Alright Ladies and Gents, the day has arrived....I suppose we should get down to business: ========== Background =========== I've been checking my local court site daily because I heard that Persolve were scumbags...NO SUMMONS DELIVERED but this popped up online within the last few days. I have had virtually no contact with them. I have hung up on them a few times. Main Questions: i) Do I take this on myself, or hire an attorney? ii) What is my first step based on the answer to i 1. Who is the named plaintiff in the suit? Persolve LLC / Account Resolution Associates 2. What is the
  16. Good afternoon everyone, I've had several mailings coming to my house over the last few days from local attorneys claiming I have a summons heading my way. After some digging into the Dallas Clerk's records I discovered that I am being sued by Portfolio Recovery Associates (Capital One debt). My SOL would have been aged through in 2 months, so I'm definitely going to have to fight it. I've done some research into the attorney handling the case and she has a record of letting things go to "Dismissal for Want of Prosecution". I'd say 85-90% of her credit card cases end with that ruling. Many
  17. I was served papers that were left on my door last Tuesday. Paper work states that this is legal because they have been unsuccesful at delivering to me in person. I am completely confused as to how to respond to this, so ANY help would be appreciated!!! First thing I am confused about it WHEN to respond. It states that I have 50 days to answer the third party collector, but then it states that "I am commanded to appear by filing a written answer to the plaintiff's petition at or before 10 o'clock a.m. of the Monday next after the expiration of ten days after the date of service of this
  18. I have a letter for pre-approval on a debt to pay back from Midland Credit they have given me 3 options or call to set up payment plan. Should I accept this or wait for them to sue me? ;0 Thank you in advance.
  19. I got a letter in the mail today from a law office stating "you may not have been served yet but public records show you have a lawsuit or garnishment from Cavalry LLc " and then they went on to offer me bankrupcy or chapter 7 help ect with a flier for their law office. So does this mean I am being sued? I also looked at my credit report on the card in question and it said a payment was made in 2010 and I never made one since I have no idea about this card. That would throw out the 6 year limitation. And my report also says it was charged off in 2011 so I am not sure what to think. My laws wou
  20. The cause of action listed are 1. Account stated and 2. Money Lent Paragraph 1. The true names and cpacities of Defendents herin sued by the fictitious names as DOES 1 to 10, Inclusive are unknown to Plaintiff, who therefore sues those Defendents under, pursuant to, and in accordance with the provisions of Section 474 of the Code of Civil Procedure. Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities of Defendents named herin as DOES 1 to 10 have been ascertained. Paragraph 2 At all times herein mentioned, Defendants, and each of them, were age
  21. I am having the exact issue with the same law firm: Received a Notice of Claim/Summons on Saturday 2/23/2013 stating, The said plaintiff complains and says: That the defendant is indebted to the plaintiff for reasons stated herein for unpaid balance due. (Plaintiff being Midland Funding LLC as assignee of Citibank). and asks for judgement $$. I received via regular mail and the service requested was personal. (Not sure if this matters). Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt. Affidavit of debt reads as follows: (Also not noto
  22. This site is awesome, I am really feeling so much less stress since finding it! In 2008 my business failed leaving me in a situation where, looking back I should have filed Bankruptcy. All debt in my name. Currently I owe over $300K in debt, with no assets (only about half shows on credit report). Now I am back on my feet with a decent job (making about 100K a year) in Southern California. I just got served with summons and wonder my options. Here are the details of my situation: 1: Served by Pride Acquisitions (NY) regarding my Chase Credit Card for $39,000. Its a charge off. (Card in my p
  23. Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to p
  24. Tomorrow morning I need to appear in court again as Capital One has sued me for about $2K. The first time I was in court, I filed an answer to the compaint and told the Judge I was not familiar with this account. So she postponed mediation until CO attornies can provide me with evidence that it belongs to me. What they mail me was a bunch of statements. However, the last statements balance is less than the amount I am being sued for. So my question is, should I call the balance into question?? Should they have to prove how they calculated this balance to the penny, including any late