Search the Community

Showing results for tags 'AFFIDAVIT'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Calendars

  • Community Calendar

Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 25 results

  1. Hi I am being sued by Midland through an attorney in Georgia. I never received an initial letter. I was served March 1, 2018 and was totally surprised because I never received anything stating that I owed Midland. I called the court and they stated that they filed but hadn't submitted the server confirmation yet. I have until the end of March to reply. I did have an account with the bank but it was written off. 3 different DC owned the alleged account before Midland. They sent me the attached bill of sales with certificate of conformity and 3 copies of old credit card statements without my nam
  2. I am being sued by Cavalry for old Capital One Debt. I have a signed affidavit by Stephanie Cappelli notarized by Dawn Fanning. I am trying to see if anyone has a copy of of Stephanie Cappelli's signature. Her print is half cursive and does not remotely resemble signature. I also saw other post where people had questions about her signature but cannot find a copy of it.
  3. I received a summons with an affidavit for a JDB LVNV. On the affidavit the chain of ownership appears that credit one bank sold it after charge off. Subsequent owners are as follows: FMBM LLC, Sherman Originator 3rd LLC, Sherman Originator LLC and finakly to LVNV Funding LLC. Upon filing a "deny" answer, I received a court date. Is the affidavit signed by a Chris Meeks as a representative for LVNV allowed evidence? I had thought it wasnt and considered hearsay however read something else that it could be admissable. I go to court on 8-24-2016. Just curious if I should or shoul
  4. February 23, 2016 CONTACT: Office of Communications Tel: (202) 435-7170 CONSUMER FINANCIAL PROTECTION BUREAU ORDERS CITIBANK TO PROVIDE RELIEF TO CONSUMERS FOR ILLEGAL DEBT SALES AND COLLECTION PRACTICES Citibank Sold Credit Card Debt with Inflated Interest Rates; Debt Collectors for Citibank Altered Affidavits Washington, D.C. –The Consumer Financial Protection Bureau today took two separate actions against Citibank for illegal debt sales and debt collection practices. In the first action, the CFPB ordered Citibank to provide nearly $5 million in consumer relief and pay a
  5. Hello, all. New member here, and hope to find help with a matter that has arisen for mother, who is retired and has only SSI income now. She has been served with a suit from a debt buyer, and the response is due in a couple of days. I have found lots of helpful info here and appreciate that, but want to post before crafting her pro se answer in case I am missing big things, or there is a possibility for a motion to dismiss, etc... Suit is in Magistrate Court of Coweta County, GA Thanks, WH in GA 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC as assignee and purchaser
  6. Please Help, Suit filed by Portfolio Recovery Asignee of Citibank NA The Home Depot Filed as Civil Citation in Justice Court - State of Texas Amount of suit is just under $2,000.00 Count One is for Breach of Contract which states that the issuance of a card constitutes the offer of a contract. Defendant accepted by using and / or authorizing use. Issuer performed obligations by reimbursing. Defendant breached contract by defaulting on the payment, violating the aforementioned "written contract" Count Two is account stated. This was a credit card. Can account stated be used on a credi
  7. For anyone not familiar with my case, you can read up on it here: http://www.creditinfocenter.com/community/topic/321144-sued-by-jdb-cavalry-in-arizona-lost-on-plaintiffs-msj/ The short version is Plaintiff filed an MSJ in August of 2013. The court denied that one. I filed a MSJ in February 2014. In response, Plaintiff filed a cross-MSJ with the same arguments from their original MSJ (that was denied) but the cross-MSJ was a much more brief version thank the original MSJ. The court granted their cross-MSJ. So that is where I am. I do not have a final order of judgment yet, but I will
  8. Hello, all. New member here, and hope to find help with a matter that has arisen for mother, who is retired and has only SSI income now. She has been served with a suit from a debt buyer, and the response is due in a couple of days. I have found lots of helpful info here and appreciate that, but want to post before crafting her pro se answer in case I am missing big things, or there is a possibility for a motion to dismiss, etc... Thanks, WH in GA 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC as assignee and purchaser of Springleaf Financial Services Inc. 2. What is t
  9. I have known of numerous pro se cases in WA reported on this board that failed solely because they lacked affidavits that district judge like to see per CR 56(e). I am trying to figure out a template for such affidavit that I will have to use in the event JDB will start their case anew. Here is a typical JDB affidavit:
  10. In the process of preparing my objections to evidence that was sent to me and I have no clue how to prepare it. Can someone send me some examples of MIL or objections to evidence ( affidavits). Subpoena'd the Custodian of Records and she was served today, so not sure if I still include the objection to the CCP98 if not then all i have to object to are the affidavits thats why i"m in need of example of an objection that is tailor to the affidavits and not so heavily on the CCP98 (being that she was served today) Correct me if I'm wrong. Thanks all
  11. I just received the plaintiff's response to my plea to the jurisdiction, and special exception I sent off courtesy of the help from Texasrocker. Each reply was in a separate envelope. My court date for this is October 29th so any helpful info will greatly be appreciated. I am just now trying to figure out what the next steps would be or how to properly object to (and get this stuff thrown out) this info they obviously are going to bring up as evidence. The only thing they have my info on is the affidavit from the expert "custodian of records" for Portfolio Recovery, Larry Whitaker.
  12. Please read the post here. I think I found something really good that may help others as well. I just need to know what to include so as not to allow Midland/Asset to come back with updated paperwork that changes anything. Here is the link... Thank you all. http://www.creditinfocenter.com/community/topic/324806-answering-msj-arizona-procedural-question-please/
  13. I'm stressing! I have brain freeze! Not sure what to do now. I have to answer a CCP 96, don't know if I should subpoena a witness that works in Plaintiff's attorney's office - he submitted a CCP 98. HELP! Like I mentioned in another post, I'M in Ventura County, Calif, my case is assigned to Judge O'Neill, don't think he liked me much the 1st time I was in front of him. BV80 Xenophon
  14. In response to my Motion to Strike Plaintiff's Affidavit(which is the standard PRA affidavit), PRA is claiming the affidavit is admissible as evidence under AR rule of evidence 803(6) or (7). "Plaintiff has properly incorporated its predecessor in interest business records into its own business records. There is no prohibition against this practice. See Marshall Trucking Co. v. State, 23 Ark. App. 110 (1988)". Do I need to file a response to this, and if so, what argument do I use? I know this is not correct, and that you can't just use someone else's business records as your own, but I
  15. NOTE: THIS IS LENGTHY, AND I'VE TRIED TO FIND ANSWERS TO THE ISSUES I'M FACING ON THIS FORUM TO NO AVAIL. PLEASE BEAR WITH ME! I PROMISE THIS WILL MAKE FOR GOOD READING Hello, I received a summons from Midland in December. Shortly after they filed the lawsuit, the notorious NJ DC law firm, I'll just call them "P", called me and told me if I set up a payment arrangement, the lawsuit would "go away." At the time, I agreed to the payment arrangement. A couple of days later, they sent me a letter, dated December 26, 2013, saying I had to sign and return the agreement BY MAIL no less, by
  16. 1. Who is the named plaintiff in the suit? Citibank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Silverman & Borenstein 3. How much are you being sued for? ~ 6k 4. Who is the original creditor? (if not the Plaintiff) OC 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) Personally 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the peopl
  17. Good morning, everyone. The attorneys representing the JDB who is suing me had a summary judgment up for review last week. I showed up and spoke with the judge, who very graciously gave me the opportunity to file an affidavit denying the debt. I had filed a general denial with my answer, and discovered that that wasn't enough. He told me that if I provide an affidavit to him this week he will order that the case go to trial. So after searching the forum and the internet at large, I still have a few questions. 1. Does anyone know of a good resource for a template for an Ohio affidavit?
  18. Uh-oh, preparing my MIL and trial brief and just realized the subpoena was supposed to be filed with the clerk! Process server attempted service (failed of course) and i thought i was ready to go but just came across this. What to do? trial is next monday. Theoretically could file it in the morning and have them attempt service on tues weds thurs then file MIL on friday. Trial brief needs to be filed and served 5 calendar days (weds) so im unsure how to incorporate the MIL in that any advice? burning the midnight oil tonight. Will be consulting with clerk in the morning, but wanted to ga
  19. Who is the named plaintiff in the suit? JDB Hirishberg Acceptance Corp 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Hirshberg Acceptance Corp. The plaintiff is an attorney 3. How much are you being sued for?$1,152.42 includes court fees 4. Who is the original creditor? (if not the Plaintiff)American Express 5. How do you know you are being sued? (You were served, right?)Never received an original letter to validate. Just served and the server did not take my signature. 6. How were you served? (Mail, In person, Notice on door)I
  20. Who is the named plaintiff in the suit? JDB 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Hirshberg Acceptance Corp 3. How much are you being sued for?$152.42 includes court fees 4. Who is the original creditor? (if not the Plaintiff)American Express 5. How do you know you are being sued? (You were served, right?)Never received an original letter to validate. Just served and the server did not take my signature. 6. How were you served? (Mail, In person, Notice on door)In person at my home 7. Was the service legal as required
  21. Hi Friends, My wife is being sued in Wyoming for 10K from a JDB based in Colorado. I have several questions that I could use some help with. The original suit they sent her listed an OC in the affidavit that she did not recognize. She responded to the suit denying the debt and requesting a contract, account statements and purchase receipts to prove the amount of the debt. A month later they revised the affidavit with a "Motion For Leave of Court To Amend Plaintiff's Exhibit A To The Original Complaint and Amended Affidavit of Indebtedness Pursuant to WRCP 15 (a). This motion was filed to
  22. 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 $$. I received via regular mail and the service requested was personal. (Not sure if this matters). Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt. Affidavit of debt reads as follows: (Also not noto
  23. I am having the exact issue with the same law firm: Received a Notice of Claim/Summons on Saturday 2/23/2013 stating, The said plaintiff complains and says: That the defendant is indebted to the plaintiff for reasons stated herein for unpaid balance due. (Plaintiff being Midland Funding LLC as assignee of Citibank). and asks for judgement $$. 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
  24. Hi everyone, I have read through the steps to arbitration and I finally feel like I am getting a grasp of things.I have been doing lots and lots of research and everything I read tells me that this DC Law firm is horrible to work with. I received a dunning letter and I responded with a letter CMRRR that I disputed the debt, and would like to use arbitration via JAMS per my cardholder agreement. I received 2 statements (random months) and an affidavit of the creditor that after looking online sounds like a generic one that they send everyone. The letter said that I will be please that
  25. Would like some suggestions (or more specifically a template) to assist in compiling a memorandum of points and authorities. Have already created the motion similar to Linda7's offered template. The absence of Oregon Case Law is a challenge so can possibly use 9th District. Original Creditor - Chase Bank Buyer #1 - Purchasers Advantage Colorado Buyer #2 - Professional Bureau of Collections of Maryland (Colorado Same address as Buyer #1) Yeah! I know! I realize this is not an account just a file of random numbers The Complaint is for both Account Stated and Breach of Contract. Have answer