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  2. I’m hoping someone can help me with an Answer and with the Discovery. I appreciate your assistance in advance. Thanks. 1. Who is the named plaintiff in the suit? Portfolio Recovery 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Would rather not say 3. How much are you being sued for? $1,500 4. Who is the original creditor? (if not the Plaintiff) Credit card company 5. How do you know you are being sued? (You were served, right?) Received the Petition and Order for Alternate Service in the mail 6. How were you served? (Mail,
  3. While out of work we got behind on our HOA assessments. The HOA Board (our neighbors) decided to file suit against us 4 months after a payment had been made when all that was owed were the 2013 assessments and a few late fees. The excessive collection fees, attorneys fees and late fees added up quickly. So we added fees (about $3000) into a Chapter 13 that was really filed just to get our mortgage lender to modified our loan. That strategy worked and this past August our mortgage lender modified our loan so we ended the chapter 13. At that time we also began trying to negotiate with o
  4. Hi all, I have DV'ed all of my very old debt with the CRAs online only to just find that there are laws in Texas that may provide me additional remedies under the law to get this stuff removed (I've only lived here for about a year and a half). After 30 days, some of the debt came off but the big ones did not (think Midland, LVNV, NCS). I called the CRAs to see what evidence was presented and found that they basically just took their word for it. What steps should I take next after already disputing these items with the CRAs? Are there any additional remedies under Texas law? Any help would
  5. Hello Everyone, I had/have a court date set for January 6th (being sued by Midland Funding / purchased from Dell for $2340) and I received a letter in the mail on Friday (postdated Dec. 26th) from Midland saying they are requesting a Motion for Continuance. From what i've read, this will be granted to them since it's their first request, so there is nothing I can do to fight it. My concerns are these: in the actual Motion sent to the judge, they wrote: III. Certificate of Conference On December 22, 2014 Plaintiff sought Defendant's position on its motion for continuance. Plaintiff called
  6. Ok, I've gotten into a rhythm of Answer and dismissal on SOL here's one that still breathing. Served last October on a debt that has a January SOL on it. So on that, no footing there. I responded with general denials in specific to the wording of their complaint. Called the court a month ago. The Clerk said they have filed and received my response, but no court date(at that time). In a moment of despair, the clerk shared that Midland doesn't have their stuff together, so if I come prepared that will be a good thing. So, trial date is set for end of January. At this point, th
  7. I have a question about breaking a lease for medical reasons. I went to visit my daughter and while there i had a medical issue. As a result i couldnt go back to Texas, where my apartment was. Im currently in Tennessee. I didnt know i was in collections until i looked st my credit report. I got no notification at all from anyone. What can i do about this collection? Ive never had this issue before. Never had credit problems like this. Thanks for any guidance
  8. 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 lit
  9. Hello all. A little stressed here... I was wondering if I could get some help with this. I've been reading a tons of helpful stuff here but I can't seem to but A to B just yet. I have just a few days to file my answer but I want to make sure it's correct. I cannot afford an attorney at this time. **teardrops** 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.) Not Listed. Prior letter stated Scott, Parnell & Associates PC 3. How much are you being sued for? About 5k. Previ
  10. I disputed with the big 3. All had the same 4 neg TLs. TU is clean, EX & EQ deleted and keep the same two TLs. The four TLs were related. I had a retail credit card (Lane Bryant). In 12/07 the card number was stolen, charged up online and the fraud was reported. I closed the account after fraud investigation was completed and fraudulent amounts removed. 6 years later I pulled reports to find 4 neg TLs concerning this account. OC reports "Transfer/Sold, Purchased by another Lender, etc" Comenity Banks reports two TLs, with two different account numbers as "Purchased by another lender"
  11. I posted here a while back about some issues I had with HSBC/Capital One/United Recover Systems... Now, I'm back with more questions. My wife and I had a retail account with HSBC. We were receiving our bills through my email. The last bill I received was in September of 2012. Around that same time, we had moved (across town) and we were also dealing with the death of my mother-in-law. While I should have known better, the email was the reminder to pay the bill. I don't know if we stopped receiving emails because of the Capital One acquisition, or what, but the last payment was made aft
  12. Hello, first let me say I have found a lot of good information on this site. I am being sued by Midland LLC in Texas. I have read a lot of information about Midland in different law suits ans well as the law suit filed by AG Greg Abbott against Midland. My question goes to the stated facts of my case. In the law suit the lawyers filing against me stated in the facts "The Defendant opened an account with Chase Bank USA, N.A." That is not a true statement. My account was not opened with Chase is was sold to chase. Now maybe I am splitting hairs, but somewhere I read, and I don't recall where, th
  13. Hi. My husband was sued by JDB Midland Funding last year. Suit was filed Feb 8, 2012. We weren't served until June 7, 2012. We are in Texas and the venue is JP Court for approx. $7,000 plus interest ad fees. We immediately sent a VOD since we were unaware of the debt. Midland never answered, (from what I understand in TX there is no time restriction about when you can DV, but the DC has to answer within 30 days, or it's a violation. Don't know if this applies once the suit has been filed). We also filed our answer, etc. A year went by and I was hoping the case would be dismissed for Lack of Pr
  14. I have recently been sued in TEXAS for by a debt collector for credit card debt. (Totaling about $1300) I got advice from here to send my answers within 50 days, and I did so, denying pretty much everything. I was then sent a court date to appear in August. Any help as to what I do now? I have heard many times the debt collectors will drop the case depending on my answers. How will I know if they do this? When I appear in court, will I have to have a lawyer? I can't afford one, and haven't used one thus far. Please help!
  15. 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
  16. Check out this Texas case law regarding challenging 3rd party business records:,44&as_ylo=2012 Here is the relevant excerpt: "Finally, Campos [debtor] contends the [OC] records themselves are untrustworthy. However, we note that the creator of the documents, Chase, must keep careful records of its customer's accounts, otherwise its "business would greatly suffer or even fail." Id. at 244 (quoting Harris v. State, 846 S.W.2d 960, 964 (Tex.App.-Houston [1st Dist.] 1993, writ ref
  17. I filed my Answers and Affirmative Defenses, but I need help in answering Request for Admissions. If I admit any of these, then they have nothing to prove.