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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. Hello all: Looking for some advice on how to proceed next. Last August we were served with a lawsuit from Portfolio Recovery Associates on an old debt that was 1 month away from expiring SOL - so they got it in just in time. We answered the suit and also made the request to the court to conduct discovery. We never heard back from the court - on anything. I would periodically check the Collin County website and nothing was happening. All of a sudden we got a notice in the mail that we had a trial date set. Went to the courthouse to find out what happened with the discovery request.
  3. I received a packet from Midland Funding LLC with the first page basically the judge granted them permission to serve me though the mail. That was signed on 6/27/2017. The citation is attached and says it was filed 5/1/2017 and had 14 days to respond. I didn't receive it until 7/26/2017 because it was forwarded from my old address to my new one. I also have an affidavit relating to damages and business records from Midland. In that my account number is covered; not sure if that matters, and it says when the account was charged off 2-26-2015 and when Barclays bank sold it to Midland 9-30-2016
  4. I was served with a lawsuit from Midland Funding today. Lawsuit was filed in Justice of the Peace Court in Texas. 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.)Chase Hague, Houston, TX 3. How much are you being sued for? $5xxx 4. Who is the original creditor? (if not the Plaintiff) Barclays Bank Delaware 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
  5. 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Wold rather not say. It is a well known JDB attorney for CACH in Texas. 3. How much are you being sued for? $10k+ 4. Who is the original creditor? (if not the Plaintiff) Web Bank (Lending Club) 5. How do you know you are being sued? (You were served, right?) Served at my home 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. W
  6. I received a summons from a Credit Union I use to bank with, in Texas. The Petition states the Credit Union as the Plaintiff, as it has not been sold to a debt collector. I am being sued for an amount between $5,000 and $10,000 due to credit card debt. The petition states the Plaintiff intends to conduct discovery. The Petition provided a generalized credit card agreement between "defendants" and "plaintiff", however there are no account numbers, no signatures of omission from defendants. or any documents provided. Does this mean they may or may not have access to more definit
  7. Introduction: Sued by JH Debt Portfolio Equities, LLC (JDB2), debt purchased from Oliphant Financial, LLC (JDB1) whom purchased from OC (Capital One) Account and Debt are unknown to me (Pro Se Defendant) Responded to Petition with General Denial and Special Exceptions, requested Disclosures from Plaintiff (required multiple additional requests to comply to get documents) Responded to Plaintiff's Request for Admission with Denials. Current Delimma: Plaintiff (JDB2) filed Motion for Summary Judgment. In the motion the Plaintiff specifically refers to Bussiness Reco
  8. needing help with my moms judgement .............i followed steps provided on one of the forums but unfortunately i didnt notice the forums was a few years old that i had studied and with the information i was provided i shared in court and portfolio had an answer and the judgement was against my mother based on my lack of providing evidence or information for the judge to move in her favor.................... with that being said are there any forums already posted that address someone filing an appeal or anything related that i could study that would help build a stronger case against portfo
  9. Hello Forum, HELP!!! I am a Texas resident and Homestead Property owner involved in a Pro Se "unconscionable contract" dispute with Nationstar Mortgage. My original petition is attached. Nationstar is a "Debt Collection" agency/service provider for Freddie Mac. The defendant Nationstar has sent an open letter of "General Denial" to my claim stating: 1) Defendant asserts statue of limitations. 2) Plaintiff has failed to name all necessary parties. 3) Plaintiffs complaint alleges damages that are the result of acts or omissions committed by non
  10. Hello, I am seeking help with a summons I got today. I have very little experience in law. I'm a disabled veteran, unable to work, and don't have money to hire an attorney. So, I'm reaching out on here. I received a summons today stating that I am being sued by Portfolio Recovery Associates, LLC Assignee of Citibank, N.A. / Citibank, N.A/ The Home Depot. The attorney is located about 200 miles away from where I live. A: Parties 1. It lists PRA & a Norfolk, VA address 2. It has my name, and address B: Jurisdiction 3. Plaintiff seeks only mone
  11. Hi, I've been reading threads here for few days now.. and I was wondering if I stand a chance against Midland Funding. They haven't sue me yet. But I received letter from them trying to collect a debt and says if I don't reply to them, they're going to sue me. Therefore, I sent them a letter telling them I wanna elect Arbitration about this matter. (Which I read in arbitration step by step thread) After that, they sent me documents like bill of sale and affidavit from original creditor and credit card statements. Now Im asking whats next thing to do?
  12. 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.) "Portfolio Recovery Associates," 3. How much are you being sued for? $2,771.86 4. Who is the original creditor? Synchrony Bank/Wal-Mart 5. How do you know you are being sued? I was served papers last night, 1-20-17 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 peo
  13. So today a woman knocked on my door and served me with 2 pieces of paper. Midland Funding LLC vs. "ME" My original creditor was Dell Financial. (webbank) I have browsed and read this site for a few hours (serching for texas stuff) Found a few good things, then joined the site hoping to find more. To be 100% honest. Im lost maybe because i have so much going through my mind. I dont want to mess this up by filing something thats way wrong.. I have 14 days till I have to do something. Im not asking for a step by step, All I am hoping for is to be pointed in the right dire
  14. I live in Bexar County Texas and just started receiving letters from different lawyers wanting to represent me in a lawsuit filed by Midland Funding on an account they purchased from Synchrony Bank which Synchrony Bank is not even the Original Creditor on. I started doing some research and found that it was filed in a JP Court here. I know I need to be served which a private service company has left a few notices on my door for and I know the next step would be to file my answer however my question would be how should I file my answer and in Bexar County at which point would I file for disco
  15. Okay, below is my situation. Any advice provided would be greatly appreciated! Thank you in advance. 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? Raush, Sturm, Israel, Enerson & Hornik LLC 3. How much are you being sued for? A little over $5000. 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? Serv
  16. Question: Is an Agreed Judgment necessary in this situation? I want to pay the full balance on a credit card debt. I received a notice of intent to file civil law suit from a collections attorney representing the Original and Current Creditor (same bank). I contacted them and over the phone discussed terms (a payment plan) and requested the paperwork for a settlement agreement of those terms. I received in the mail a 1) settlement agreement, and 2) an agreed judgment. They have asked me to sign both and return them. In the settlement agreement it says: "During the conversation, you e
  17. Can anyone point me in the direction of how to Initiate with JAMS? I was looking at their website but I see no type of form or anything I can fill out to show I am initiating arbitration with JAMS.
  18. 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
  19. 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.
  20. Question: Can I call them to start the conversation and indicate that I want to settle? Understanding that all must be in writing from them before payment/etc. Texas resident. I am trying to figure out my best next steps. I have two accounts in collections from 2013/14 when I was unemployed. I let my fear and shame rule me, so I did not talk to my creditors at the time, and have since then been at a complete loss as to how to proceed. I am now determined to get ahead of these. My finances are now back to where I can make payments and can Dave Ramsey-style pay off all my credit card
  21. 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.) "Portfolio Recovery Associates," with Original Petition signed by Orjanel Lewis, Texas SBN 24083667 3. How much are you being sued for? $3,134.72 4. Who is the original creditor? (if not the Plaintiff) Cit Online Bank / Dell Financial Services, LLC 5. How do you know you are being sued? (You were served, right?) Served 9/15/2016 6. How were you served? (Mail, In person, Not
  22. If I filed a general denial and the court set a hearing in 2 weeks can I still elect JAMS or do I need to wait and appear in court then present my contract and advise I'm electing arbitration per my agreement?
  23. I've read several different cases on this site regarding portfolio Recovery but I'm freaking out since I sent in my answer and also requested info on how I proceed for file for discovery but no answer instead I get a letter today from the judge with a court date and stating if no show a judgement would be placed. Do I just send a copy of the request for discovery since they never gave me an answer on the process of it? I will be ordering the book @texasrocker suggested this evening but I'm just really scared since I've never had to appear in court or in front of a judge ever in my life. I
  24. We were served with a suit today by Portfolio Recovery Associates. Looking for help on a response. The particulars are stated below as I have seen others respond in this manner. We will have two weeks from Monday to respond and we are hoping to eradicate these buggers quickly. Our situation is different from most I have seen in that we had lots of contact with PRA and also RSEIH (the law firm) prior to the suit. Any and all help is greatly appreciated. Who is the named plaintiff in the suit? Portfolio Recovery Assoc, LLC 2. What is the name of the law firm handling the suit
  25. 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.) Michael J. Scott & Associates (Scott & Associates) 3. How much are you being sued for? $2427.17 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Served Papers 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Proc