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Found 87 results

  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.) Michael Young 3. How much are you being sued for? $2083.80 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank, N.A. 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I think so. 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 9. What state and county do you live in? Texas, Bell County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) October 2014 11. What is the SOL on the debt? 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). Suit Served 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 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 was served on March 22, 2016 and have already responded to the suit. Court is set for June 1, 2016. I did not recieve any questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Credit card statement, Bill of sale from MHC Receivables, Affidavit of Sale, Certificate of Confromity, Bill of Sale from Sherman Originator III LLC, Affidavit of Sale of Accounts by Sherman Originator III LLC, credit card Contract I have already answered, but don't know what to do now. I have also just been served with a second lawsuit from a Portfolio Recover Assoc LLC today 5/11/2016 which I have not responded to, but will in the next few days. Like this
  2. I have the Experian ProtectID service, since the Anthem BC/BS hacking incident and today I noticed this pop-up on my report.Account name: PARAMOUNT RECOVERY SYSTM 111 E CENTER ST, LORENA, TX 76655, 254 857 7007Account number: CAPOCAP1700200382255Recent balance: $630 as of 03/01/2016Date opened: 12/2015Status: Collection account. $630 past due as of Mar 2016.Address identification number: 0317070136Original creditor: GILLESPIE EMRGY MED ASSC PAType: CollectionTerms: 1 MonthsOn record until: Feb 2017Credit limit or original amount: $630High balance: $0Monthly payment: $0Recent payment amount: $0Date of status: 03/2016First reported: 03/2016Responsibility: IndividualAccount history: 2016/Mar/CI find this troubling because:1. The dates on this report are from 12/2015 and 03/01/2016. The creditor is located in Texas, but I have been living in Missouri since 2013.2. I have never used the creditors services let alone visited their medical facilities. The company runs a number of private ER rooms in and around Austin Texas.3. I have never been contacted by Paramount Recovery Systems about this debt.4. I have seen a LOT of BBB complaints about this recovery company. So may be a junk debt dealer, trying to beat Texas's 4 year statue of limitations for suing on debts.The only scenario I can come up with, is that after immigrating to the USA in 2009, I lived in Texas up until mid 2013. My now deceased wife, who passed away March 2015, was in and out of ER rooms with her end stage kidney disease around 2011/2012. She never let me deal with her medical bills and to be honest wasn't very responsible with paying them. So we move to Missouri, 4 years pass and now in 2016 I'm getting slapped with a bad credit report for this $630, which was probably for her ER visits. I know Texas is a common property state, so I guess is that after the 4 year statue of limitations expired and they couldn't collect from her, they are now trying to throw the bill in my direction, expecting me to pay.I've already been through hell and back with medical collection agencies here in Missouri for the 2013 to 2015 period bills, which I finally got resolved. She did have Medicare, but due to my work insurance, there was a dispute as to the primary insurer, so NOBODY paid and I was left with over $100,000 worth of medical bills. So I am sick to death with dealing with my dead wifes financial fallout. Just when I got Missouri sorted out, now I get this crap from Texas.So is my hypothesis on what may be happening plausible?If so, what would be my best course of action?These bills are in my late wife's name only and are most likely over the 4 year statue of limitations. So I'm afraid to pay anything, reset the clock and have the debts become legally binding which would result in gawd knows how many other creditors crashing down my door with their hands out for payment on a dead woman's debts.
  3. Hi All, I'm being sued by Midland Funding in Parker County, TX. I was served, or I should say my parents were served on Tuesday night. I've searched and read a lot of useful information on here but I wanted to be sure to file the right answer and not look like a fool. I found a few on here that are similar to mine but i'm not sure which direction to take on it. Any advice would be greatly appreciated:) Below will explain my summons in more detail: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Katharine Allen 3. How much are you being sued for? $1,744.37 + "all costs of suit and all other relief, in law and equity to which plaintiff may be entitled" 4. Who is the original creditor? Synchrony Bank (Amazon.com Store Credit Acct) 5. How do you know you are being sued? Citation 6. How were you served? Sheriff served my parents 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? Parker County, TX 10. When is the last time you paid on this account? 07-25-14 11. What is the SOL on the debt? Within the SOL 12. What is the status of your case? Suit served? Motions filed? It was still listed as unserved when I looked it up on the night of. I haven't re-checked yet, 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. 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? Breach of contract, account stated, damages. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? I attached the citation, the only that was included was a bill of sale from Synchrony Bank, an Amazon billing statement and a field data sheet with my information on it and blacked out account numbers.
  4. (Continuing a thread "hijack" from another thread) Do any of you reference the Texas Finance Code when you write a dispute letter to a credit reporting agency, or is that applicable only to DVs to CAs/JDBs? Previous thread:
  5. 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.) Michael James Young P.O. Box 460568 Houston, TX 3. How much are you being sued for? $1900 4. Who is the original creditor? (if not the Plaintiff) Citibank (Best Buy Card) 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 before you think you were being sued? None 9. What state and county do you live in? Texas, Travis 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2013 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). Suit Served 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 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? 20 days from serve date which was 8/25 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. All are included in the attachment with the exception of a Credit Card statement from Best Buy Lawsuit_Redacted.pdf Looking for some help with my guidance letter. Based on what I have seen from other posts on this forum I know I need to keep it short and respond to their allegations line-by-line but not sure how to proceed much further
  6. I originally posted this in another sub-forum but believe this is actually the correct place now. I'll delete from the other. 1. Who is the named plaintiff in the suit? - Portfolio Recovery Associates, LLC Assignee of 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 Garza Dallas, TX / Rausch, Strum, Israel, Enerson & Hornik, LLC 3. How much are you being sued for? - A little over $5,000 4. Who is the original creditor? (if not the Plaintiff) - Capital One 5. How do you know you are being sued? (You were served, right?) - Served with Citation and Petition 6. How were you served? (Mail, In person, Notice on door) - In Person 7. Was the service legal as required by your state? - Yes, I believe so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - Denial via phone 9. What state and county do you live in? - Texas, Navarro 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - Jan 2013 11. What is the SOL on the debt? - 4 years 12. What is the status of your case? Suit served? Motions filed? - Petition filed 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? - Yes, only verbally, not written 15. How long do you have to respond to the suit? - 14 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Nothing beyond petition. Attached documents. I've seen a drafted answer someone put up for another Texas case and that it has been referred to a few times. I just didn't know if it was applicable to my case. My current plan seems to need to be: 1. Draft answer. 2. File at around 12 days and send a copy to the lawyer via certified mail. 3. Prepare a petition for discovery and motion for discovery. 4. File petition for discovery the next day after answer. Have motion ready in case it is requested or approved. Thanks to all who step up and help me during this trying process. Small Redacted.pdf
  7. I require help please. I was just served with a suit and have 14 days to respond. I will provide any info requested as soon as possible and greatly appreciate any assistance. Plaintiff: Portfolio Recovery Associates, LLC Assignee of Capital One Bank (USA), N.A. Court: Justice of the Peace Plaintiff Attorney: Michael J Garza, Dallas, TX The final page lists Rausch, Sturm, Israel, Enerson & Hornik, LLC. I have scanned and redacted copies for anyone that is willing to help me. Thanks. Edited to attach documents. Small Redacted.pdf
  8. Hello everybody, I was served 6/21/2015 and had 14 days to reply to the lawsuit. My answer is due 7/6/2015. I currently have consulted with two attorneys near my area, and they both told me that it would be pointless to hire them because of their high legal fees(fees=2000, amount being sued for =2300) therefore they told me it was best to try to settle with the collection agency. I have tried calling the collection agency but since i currently just graduated college, i dont have the current high amount of money they are trying to get me to pay. So I'm going to try and mediate with them by answering their lawsuit. However I've been reading up on how to properly do this and mostly everything I come across says that everybody does it wrong and just ends in default. I was wondering if anybody would guide me in the right parts to trying to negotiate or trying to get this dismissed. Any help would gladly be appreciated. 1. Who is the named plaintiff in the suit? Barclays Bank Delaware 2. What is the name of the law firm handling the suit? Scott, Parnell & Associates 3. How much are you being sued for? 2220.18 4. Who is the original creditor? (if not the Plaintiff) Apple 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) Person by a Sherrif Deputy 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? Tried to settle before they sued, however would always get a voicemail 9. What state and county do you live in? Hidalgo, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jan 2014 11. What is the SOL on the debt? 4 years 12. What is the status of your case? To answer to the suit 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 15. How long do you have to respond to the suit? 14 days from 6/21/2015 We need to know what the "charges" are. Please post what they are claiming. "Plaintiff's claims are for Breach of Contract, Account Stated and/or Open Account" Did you receive an interrogatory (questionnaire) regarding suit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None
  9. Attached is my rough draft of a DV letter that references the TEXAS FINANCE CODE, I've pieced it together from this and other forums examples, trying to cover all my bases so I don't end up screwing my chances of getting this collection removed. I would appreciate any advice to improve it that anyone can offer. collection.docx
  10. Hello, I just received a summons from Midland Funding and I need help. It's for a Sears account. I was going to be without internet for 3 months, so I set up my Sears account payments in advance. I found a place to use internet about half way through the 3 months and found out Sears had kicked two of my payments out and had placed late fees on my account and raised my interest. I tried to get online to fix it and they wouldn't let me on my account without stating that it was my fault my payments were late. So I tried calling them and no one could or would help me. I finally gave up. It shows I owe $3200.00 but my credit limit was never over about $2600.00 and I had paid some of my balance down, so anything above that is all fees. I am a widowed mom of 3, and I don't have any income other than Social Security survivor benefits for one child and myself as guardian. And about $400 a month from a Government retirement account. I don't know if this makes a difference or not. I have looked through this forum and I have copied the letter that Texasrocker had posted in his #10 post. And I have read most of the forums for Texas and Midland on this site. I noticed the example I saw was a little different in the wording than mine in the Facts paragraph 6. Would the example letter posted still work? Paperwork I was served: 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.) Rausch, Sturm, Israel, Enerson & Hornik, LLC 15660 N Dallas Parkway, Suite 350, Dallas, Texas 75248 3. How much are you being sued for? $3203.33 4. Who is the original creditor? (if not the Plaintiff) Sears 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 before you think you were being sued? None 9. What state and county do you live in? Texas, Wise 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2 1/2 years ago 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). I couldn't find anything for our small court online. 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 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? 20 days from serve date which was 8/14. I have been trying to post but this site wouldn't allow me. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Don't see anything
  11. @texasrocker I was served a Citation (Debt Claim) properly yesterday in the Justice Court, Texas by Portfolio Recovery Associates. I need a general denial to file as my answer and I want to make sure I am sending the correct language for my specific case. It is within the SOL. I have never spoken to PRA prior to this lawsuit. The 14 days to file answer starts today. Thanks so much!! The plaintiff is Portfolio Recovery Associates LLC Assignee of GE Capital Retail Bank (Paypal). The facts listed in the petition are as follows: Defendant opened a credit account with GE Capital Retail Bank (Paypal) in the defendants name under its account number ending in XXXX. Defendant used account and therby became obligated to pay for the balance owed on the credit account. Plaintiffs records indicate defendants last payment on the account occurred on Xxxx. Defendant defaulted on the obligation to make monthly payments and the account was subsequently canceled. The credit account was closed due to nonpayment and/or charged off on or about xxxx. On or about Xxxx, GE Capital Retail Bank (Paypal) assigned credit account to Plaintiff, and Plaintiff id the current holder of account and the proper party to bring lawsuit. The balance remaining on the credit account is presently due and payable in full. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. Count 1: Breach of Contract Plaintiff is entitled to recover for breach of contract. GE Capital Retail Bank (Paypal) offer and extension of credit to defendant constitute performance and/or tendering of GE Capital Retail Bank (Paypal). Defendant failed to repay full amount owed on the credit account and thereby breached the contract. Defendants breach was a proximate cause of actual damages of $xxxx. All just and lawful offsets, credits, and payments have been applied to the account. Count 2: Account stated Plaintiff is entitled to recover on an account stated claim because (1) transactions between the plaintiff and defendants gave rise to the indebtedness (2) there existed an agreement between the plaintiff and defendants which established the amount due to plaintiff and (3) the defendant promised to pay the plaintiff on the indebtedness. Damages Plaintiff seeks damages on its liquidated claim in the amount of at least $xxxx which is within the limits of this court. Conditions Precedent All conditions precedent to plaintiffs claim for relief have been performed or have occurred. Miscellany The undersigned attorneys hereby give notice that they and plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiffs attorneys are debt collectors. Prayer For these reasons plaintiff asks the court issue citation for defendant to appear and answer, and that plaintiff be awarded a judgment against defendant for the following. Actual damages in the amount of $xxxx Court costs All other relief to which plaintiff is entitled. Respectfully submitted Rausch, Sturm, Israel, Enerson & Hornik, LLC
  12. 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.) KATHARINE ALLEN 3. How much are you being sued for? 1900.14 4. Who is the original creditor? (if not the Plaintiff) WEBBANK (FINGERHUT) 5. How do you know you are being sued? (You were served, right?) SERVED CITATION 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? NOT SURE 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 9. What state and county do you live in? TEXAS, TRAVIS 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) AUG OF 2013 11. What is the SOL on the debt? To find out: 4 YEARS 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). NOT SURE 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 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? TILL MONDAY THE 20TH 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. ONE STATEMENT THAT SHOWS NO ACTIVITY, BILL OF SALE, SCHEDULE 1 TO BOS, AFFIDAVIT OF SALE OF ACCOUNTS BY ORIGINAL CREDITOR, ASSIGNMENT AND BILL OF SALE, SCH. 1 TO ASSIGNMENT AND BOS, AFF. OF SALE OF ACCT. BY DEBT SELLER, AND A PRINT OUT OF WHEN ACCOUNT WAS OPENED, LAST PAYMENT, LAST CHARGE AMOUNT, PHONE NUMBER, ADDRESS, NAME, CHARGE OFF DATE... ETC.
  13. I dv'ed a CA using TFC 392.202 and they sent a response saying "We are in receipt of your letter of dispute or request for verification pursuant to 15 USC 1692g of the FDCPA. Please be advised we have contacted our client who has confirmed the name and address listed on the account in addition to the amount owed." Does this constitute validation? It's clear they didn't bother to read my letter and address the issue as I had raised it. Thank you for your help.
  14. I was served with notice of suit by CitBank. Is for CC debt. Their Attorney is Rausch, Sturm, Israel, Enerson, & Hornick out of Dallas. Can Anyone help craft a response and tell me how to proceed? I redacted my name and address from the service receipt (that I had to scan at my home because server didn't have a copy to give me) and the Citation, before I uploaded them. If I understand what I have been reading, they can't file a credit card debt as Account Stated, so can I requested dismiss with prejudice to prevent a non-suit and then re-file? Is sending their attorney copy via fax acceptable if I have a the confirmation page? A little tight to pay for Reg Rtn Rcpt. Any help/guidance would be great. Thanks in advance, RichD
  15. Hey Guys, I'm just starting to try to tackle OC issues on my credit report and I've found that one of them is reporting a different DOFD to each of the three reporting agencies. The same is true for the CA that it looks like bought it. Can I just send a letter to the three reporting agencies with copies of the three different entries and they will delete the tradelines? Or do I have to send everything to the OC and CA themselves and hope they'll do the right thing? Either way I think this violates TFC and FDCPA.
  16. Hello, I am being sued by Midland Funding original creditor Citibank(Home Depot). I must answer by 5/28/15. I am very willing to fight this to the end, but the amount of evidence/account information included is slightly intimidating. I have reviewed a lot of information on here, but have not been able to find a case with as much up front documentation as I have been provided. I will post all of my documents recieved in the following post. Please give any feedback possible. Thank you for your time.
  17. Very simple I am being sued by Portfolio Recovery Associates in Texas and I don't know what to do. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC assignee of Wells Fargo bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Attorney in Texas (about 200+ miles from where I am located) 3. How much are you being sued for? Roughly $5,900 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 5. How do you know you are being sued? (You were served, right?) Person came to door and handed me the citation (processor I guess) 6. How were you served? (Mail, In person, Notice on door) In person at my door 7. Was the service legal as required by your state? Do not know, woman just handed it to me and left 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Never spoke with them....EVER. 9. What state and county do you live in? Texas, Bexar County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Through the credit card company, 2012 Collection agency, NEVER 11. What is the SOL on the debt? 4 years in Texas I believe 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 dont know. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, for fear of resetting SOL 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 did not speak or respond with them ever. 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? 14 days. I received no questionaire.
  18. I am at impasse with a debt collector reporting on my credit report as the current owners of an alleged old second mortgage debt. A few years ago the last supposed owner of this alleged debt was unable to validate it so it came off of the credit report. This was prior to my becoming a citizen of Texas. Green Tree now pops up claiming to own the debt on my credit report and it looks like they have been reporting it since March of this year. Before educating myself with TFC 392, I requested validation through the credit bureau website thinking there was no way they could validate it because the last guy wasn't able to but they did. How is this possible? if they did in fact purchase the right to collect on this alleged debt, they should not have been able to verify because the documentation required for that doesn't exist. On top of that, they never sent anything to me showing that they were the new owners of the alleged debt. So how do I get rid of these guys? Good news is the alleged debt is SOL. My initial thinking was to try to use portions of TFC 392 and demand that they remove all trade lines within 5 days because they were lying by verifying the debt to begin with but I wasn't sure I could because I did not invoke TFC 392 in my request for verification with the credit bureau. I was also going to threaten to file a claim against their bond, send a complaint to the FTC, BBB, AG and CFPB. They've already gone through so much litigation with the FTC, you would think they would clean up their act. Any advice on how I should handle this? Thank you for your help, guys!
  19. I recently have had LVNV file a lawsuit against me similar to what other forum members have experienced. I wanted to try and fight this myself and could use a couple of tips instead of going the lawyer route as it seems pretty cut and dry that they are not the original creditor and have had no written agreement or have they shown proof they own the debt. I have written my response based on what other member have used on this thread but not sure I have done everything correctly. If anyone with experience with law and/or dealing with LVNV could please take a look at my response that would be extremely appreciated. I would even pay for someone to help with professionally writing the response as an option. PM me if you can assist. Thanks
  20. I would like to write a Motion for Sanctions so I could point out to the Court how Midland was providing them with false information. Does anyone have any suggestions as how to do that? Do I just list what they have lied about (when they rcvd my Motion, the fact that they DO arbitrate with AAA, etc?) It was suggested that it might be an FDCPA violation that they suggested we couldn't arbitrate. Does anyone know if that is correct? Any help is greatly appreciated.
  21. COULDN'T FIGURE OUT HOW TO CHANGE FORUMS. PLEASE CONSIDER THIS TOPIC CLOSED, I'M MOVING IT TO ANOTHER FORUM. THANK YOU.
  22. 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, In person, Notice on door) Mail 7. Was the service legal as required by your state? Yes, with the Court Order, I believe so. 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 have never spoken to them 9. What state and county do you live in? Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2010 11. What is the SOL on the debt? To find out: 4 years, I believe 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). Petition filed and I have approx. 7 days left to file an answer. 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 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? Approx. 7 days left to answer 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. No evidence was sent 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Petition is as follows: A. Parties 1. Plaintiff and address 2. My name and address B. Jurisdiction 3. Plaintiff seeks relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, and pre-judgment interest. 4. Plaintiff asserts that the above names court has jurisdiction over the subject matter of this case and the person(s) of Defendant(s) and that the damages sought are within the jurisdictional limits of the court. C. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believed to be residing in said county at the time of commencement of trial. D. Facts 6. On or about __________, XXXXX bank issued a credit card in the Defendant's name under its account number ending in _________xxxx Defendant received and used the card and thereby became obligated to pay for charges incurred with the card. Plaintiff's records show Defendant's last payment on the account occurred on Dec 2010. Defendant defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently cancelled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about July 2011. The entire balance on the credit card account is presently due and payable in full. On our about Feb 2014, Defendant’s credit account was assigned to Plaintiff, and Plaintiff is the current holder of Defendant’s account and the proper party to bring this lawsuit. 7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to plaintiff by Defendant on the account is $1,500. 8. The plaintiff has made demand upon the defendant for payment of the amount due and payable in full. The Defendant has failed, neglected, and refused to pay the amount requested. 9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. Count 1: Breach of contract 10. The issuance of a credit card constitutes the offer of contract. See, e.g. Bank One, Columbus, N.A. v. Palmer, 63 Ohio App. 3d 491, 492, 579 N.E. 2d 284, 285 (Ohio Ct. App. 1989). Use of a credit card constitutes acceptance of the terms of the cardholder agreement, which accompanied the card when issued to the Defendant. See e.g. Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21, 150 S.E. 2d 319, 320 (1966); Magnolia Petroleum Co. v. McMillan, 168 S. W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. Feder v. Fortunoff, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat’l Bank v. Monahan, 82 Misc. 2d 808, 370 N.Y.S.2d 840 (N.Y. County Ct. 1975). 11. By using and/or authorizing the use of the credit card defendant accepted the credit card contract and became bound to pay for all charges incurred with the credit card. Defendant also became subject to all of the terms and conditions of the Plaintiff's cardholder agreement. 12. The issuer of the card fully performed the contractual obligations by reimbursing merchants who accepted Defendants credit card. Prior to date of charge-off monthly bills were sent to the defendant reflecting inter alia, all charges incurred with the credit card, the monthly payment due, and the total balance due. The defendant had a duty to submit any disputes of the charges set forth in such statement, in writing within sixty days from date of the statement. Plaintiff asserts that a Defendants failure to submit such disputes should be treated as an admission of the account balance, since defendants was/were given both a method and an opportunity to raise such disputes. 13. Defendant breached the contract by defaulting on the payment obligation of the credit card agreement. In violation of Defendant's promises and obligations under aforementioned written contract, the defendant breached the agreement by wrongfully failing and refusing to pay for the credit advances actually made to the Defendant. 14. Defendant's breach was a proximate cause of actual damages $1500. All just and lawful offsets, credits, and payments on the credits have been applied to the account. F. Count 2: Account Stated 15. Plaintiff is the owner and beneficiary of all claims related to the credit card account opened by Defendant. The amount due and owing is $1500. All just and lawful offsets, credits, and payments on the credits have been applied to the account. 16. Plaintiff is entitled to recover on the account because (1) transactions between the Plaintiff and Defendant gave rise to the indebtedness, (2) there existed an agreement between the Plaintiff and the Defendant which established the amount due to the Plaintiff, and (3) the defendant promised to pay the Plaintiff on the indebtedness. G. Damages Plaintiff seeks damages on its liquidated claim in the amount of at least $1500, which is within jurisdictional limits of this court. H. Conditions Precedent 18. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred. I. Miscellany 19. The undersigned attorneys hereby give notice that they and the Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors. J. Prayer 20. For these reasons, Plaintiff asks the court to issue citation for the Defendant to appear and answer, and that the Plaintiff be awarded a judgment against Defendant for the following. a. Actual damages in the amount of $1500 b. Court Costs C. All other relief to which plaintiff is entitled.
  23. 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 our neighbors who are on the HOA board for a settlement payoff amount (like we had tried to do in the past). We suggested $1000 towards the junk fees (instead of $3000). They said $1200 but they demanded it be paid in 24 hours. We told them that was not enough time and to instead give us 30 days to get it in (as we knew we would have the money at the end of the month). they never responded and stopped answering our communication. In the past the collection attorneys (who are in Austin) that were handling the case normally always sent any notices to us in the regular mail and we always received them. But when they wanted the case to be re-opened (since the 13 was no longer holding them up) they did not send us notice of a hearing via regular mail. So unfortunately we had no clue that they were seeking a summary judgement. In November we received a notice from the court saying the case was closed but there was no other information. We thought ok great. Then for some reason in last month I decided to google my name. I saw that there was a "Sheriff Sale" (foreclosure) scheduled for February 3. Of course I panic. These collection attorneys did not contact my mortgage company about this and they did not contact me. It is my understanding they have to contact the 1st lien holder. WF says that they checked the title and there was no lien on the property...but it appears a lien was requested in November. So none of it makes sense. They also did not send us a copy of the lien they filed back in November. We looked it up. Since we had always received notices before it seems shady that the notices stopped. I contact these people about this and their response was we sent it certified and to your email address. Well I had never given them an email address. And they knew that I had not picked up any of the certified letters previously but did confirm with them that I got notices via regular email. Then come to find out they were sending an email to a family members email account. They were no longer willing to negotiate and refused a settlement pay off amount. So yesterday we filed a motion to set aside the default judgement and request a new hearing. The judge signed the order to set a hearing on the motion to set aside the default judgment. The judge also set aside the order of sale pending the result of the hearing. The judge said I cant tell you what objections to make...but you can go to the law library and research. I feel as though this judge is for lack of better words on our side in a way...by giving but not giving that advice. He also told the attorneys they could only get $500 in atty fess instead of $2500 like they requested in the default judgement. So I think we may be able to get this to be set aside. But I need to know how to do it and be pointed in the right direction. Is there a law or rule that can be used in this situation? At the time they got the summary judgement the amounts they requested were still questionable and being disputed. At that time we owed the 2014 dues and the disputed late fees. We have since paid the 2015 dues and have shown good faith all along to negotiate a deal. But these collection attorneys are not taking the offers - even the previous offer that the HOA suggested. It seems odd that our HOA would be willing to negotiate in August and now a few months later refuse to negotiate. I think it is the attorneys trying to get as much money in their pockets as possible as none of these excessive fees are going to the HOA. Any help, advice or direction would be so greatly appreciated. Thanks!
  24. Ok, I've gotten into a rhythm of Answer and dismissal on SOL issues...now 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, there's the Filing and my denial. What can I do at this point? DV letter was sent prior to all of this and what I got was an account statement with name, address, and balance. What I am looking to asking in court is.... Prove I owe it. I'm not providing them anything...unless court demands it. Any specifics on how and what to deny? Show me an account listing of how you arrived at this amount Show me an original contract I signed with Midland Prove your account verifier isn't signing off on a hearsay document I'm not claiming fraud(a tactic on their part before), I'm denying I owe Midland until they prove it I'm hoping to send enough requests that it will be dropped prior. Either way, I'm ready for the court day if I have to. I've read through this forum and there are alot of great things I've copied/pasted into my Evernote file. Help!