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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 name and a fact sheet with my name address total due. The bill of sales do not have my name on them. They show that they bought a bundle of accounts. I need help, please! I downloaded a copy of the answer form from the court. Should I answer with deny and/or should I motion to dismiss for a lack of information and the fact that there was no initial communication? I'm a 57 year old nervous Reck! PLEASE SOMEBODY HELP ME! 1. Who is the named plaintiff in the suit? Midland Funding LLC assessor in interest to Credit One Bank NA 2. What is the name of the law firm handling the suit? Green and Cooper LLP 3. How much are you being sued for? OVER ONE THOUSAND 4. Who is the original creditor? Credit One Bank N.A. 5. How do you know you are being sued? I was served. 6. How were you served? In person. My husband received it. 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? I never knew of Midland until the lawsuit. I haven't responded yet to the lawsuit. I have until March 30, 2018. 9. What state and county do you live in? Georgia Gwinnett County 10. When is the last time you paid on this account? 2016 11. When did you open the account? 2012 12. What is the SOL on the debt? 4 years 13. What is the status of your case? claim filed Feb 8, 2018 14. Have you disputed the debt with the credit bureaus. No 15. Did you request debt validation before the suit was filed? No, because I never received anything regarding this debt until March 1, 2018. 16. How long do you have to respond to the suit? March 31. 17. What evidence did they send with the summons? Affidavit stating that they bought a bundle of accounts. They attached 2 bill statements: One for 2016 and One for 2017. They also had a field data attached. The suit just claimed the defendant is indebted to the Plaintiff as follows: Owe the principal amount $1,xxx.xx, subject to a credit for payment in the amount of $00, plus pre-judgement interest at the rate of 7% from charge-off date through judgment date, plus post-judgment interest at the statutory rate and all costs (Court costs subject to Court approval) of this action. Midland Funding LLC purchased this account. The original credit grantor is Credit One Bank, N.A. the original account number is xxxxxxx6969. All exhibits attached hereto support the foregoing allegations and by reference are made part of this Statement of Claim. That said claim is in the amount of: XXXXXX principal was left blank interest, plus $117.00 cost to date and future cost of this suit. State of Georgia. It was sworn Jan 22 2018 Notice and Summons was stamped Feb 19, 2018. It said Plaintiff made a claim and is requesting judgment against me and that I needed to present an answer. CLAIM STATED.pdf
  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 should not settle when the judge asks us to attempt to prior to trial as there is not bill of sale. The only paperwork I received in the aummons was the complaint and affidavit. I cany even determine if the person who signed it is a legitimate "rep" for LVNV. I neglected to mention that I am judgment proof as my only source of income is Social security for my children as I am a widow. However I want to try to fight this since they could continue to sue me if my income changes. Its ridiculous because we are talking a max of 300 credit that has turned into nearly 1000. 00 they are aski g in court. Upon my answer I did list social security as my only income but apparently they still want to proceed.
  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 $3 million penalty for selling credit card debt with inflated interest rates and for failing to forward consumer payments promptly to debt buyers. The second action is against both Citibank and two debt collection law firms it used that falsified court documents filed in debt collection cases in New Jersey state courts. The CFPB ordered Citibank and the law firms to comply with a court order that Citibank refund $11 million to consumers and forgo collecting about $34 million from nearly 7,000 consumers. "Citibank sent inaccurate information to buyers when it sold off credit card debt and it also used law firms that altered court documents," said CFPB Director Richard Cordray. "Today's action provides redress to consumers who were victimized by slipshod practices as part of our ongoing work to fight abuses in the debt collection market." Citibank, N.A., is a national bank with headquarters in New York, N.Y., that issues consumer credit cards. From 2010 to 2013, Citibank sold portfolios of charged-off credit card accounts. It typically provided debt buyers with information about the consumer and the debt, including the supposed annual percentage rate (APR). A “charged-off” account is one the bank deems unlikely to be repaid, but may sell to a debt buyer, usually for a fraction of face value. The debt buyer then can try to collect on those accounts. Illegal Debt Sales Practices Citibank broke the law when, from February 2010 until June 2013, it provided inaccurate and inflated APR information for almost 130,000 credit card accounts it sold to debt buyers. These buyers then used the exaggerated APR in debt collection attempts. Citibank also failed to promptly forward to debt buyers approximately 14,000 customer payments totaling almost $1 million. The CFPB found that Citibank violated the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act. Specifically, Citibank: Overstated the annual percentage rate in accounts sold to debt buyers: Between February 2010 and June 2013, Citibank overstated the APR for 128,809 accounts it sold to 16 different debt buyers. For some accounts, Citibank claimed the APR was 29 percent when it was actually 0 percent. Consumers paid about $4.89 million to debt buyers who used an APR inflated by more than 1 percent in collection efforts. Delayed sending consumer payments to debt buyers: From 2010 to 2013, Citibank delayed forwarding to debt buyers nearly 14,000 payments made by consumers, totaling almost $1 million. This delayed the updating of account balances and subjected consumers to collection efforts from debt buyers after they had already, in reality, paid off their account. Enforcement action Under the Dodd-Frank Act, the CFPB has the authority to take action against institutions or individuals engaged in unfair, deceptive, or abusive acts or practices. Under the CFPB’s order addressing illegal debt sales practices, Citibank must: Refund an estimated $4.89 million to roughly 2,100 consumers: Citibank must refund all payments consumers made from Feb. 1, 2010 to Nov. 14, 2013 to debt buyers that referenced an inflated APR provided by Citibank in their collection efforts where the discrepancy was more than 1 percent. Accurately document the debt it sells: Citibank must provide certain account documents when it sells debt, such as the credit agreement and recent account statements. Stop selling debt it cannot verify: Citibank cannot sell debts if it cannot provide documentation, if the consumers notified Citibank of identity theft or unauthorized use, if consumers allege in writing that they do not owe the amount claimed, or if the account is within 150 days of the end of the statute of limitations. Include certain protections in debt sales contracts: Citibank must include provisions in its debt sales contracts prohibiting the debt buyer from reselling the debt. Provide consumers with basic information about the debt: When it sells a debt, Citibank must give consumers information about the debt, such as the name of the original creditor, the credit agreement, and recent account statements. Pay civil money penalties: Citibank must pay a $3 million penalty to the CFPB’s Civil Penalty Fund. The full text of the CFPB’s consent order on debt sales is found at: http://files.consumerfinance.gov/f/201602_cfpb_consent-order-citibank-na.pdf Altered Affidavits Separately, the CFPB is taking action today against Citibank, two of its affiliates – Department Stores National Bank and CitiFinancial Servicing, LLC – and two debt collection law firms for altering affidavits filed in debt collection lawsuits. Citibank retained Faloni & Associates, LLC, of Fairfield, N.J., and Solomon & Solomon, P.C., of Albany, N.Y. to collect credit card debt on its behalf in New Jersey state courts. Citibank filed sworn statements attesting to the accuracy of the debt allegedly owed. Citibank then provided the affidavits to their attorneys to file with New Jersey courts. The two firms retained by Citibank altered the dates of the affidavits, the amount of the debt allegedly owed, or both, after the affidavits were executed. This violated the Fair Debt Collection Practices Act. In May 2011, Citibank learned that one of its law firms had altered affidavits and stopped referring new credit card accounts to it. At Citibank’s request, a New Jersey court dismissed actions pending as of Sept. 12, 2011 that Citibank identified as involving altered affidavits or incorrect information. The CFPB’s order requires Citibank to comply with the New Jersey state court order, in which Citibank had to refund $11 million collected from consumers and stop collection of an additional $34 million in debts, both of which Citibank has done. Solomon & Solomon, P.C., must pay a $65,000 penalty to the Bureau’s Civil Penalty Fund. Faloni & Associates, LLC, must pay $15,000. Consistent with the Bureau’s Responsible Business Conduct bulletin, the CFPB did not impose civil money penalties on Citibank for this violation, especially in light of its efforts to recompense harmed consumers. The full text of the CFPB’s consent order against Citibank, N.A., Department Stores National Bank, and CitiFinancial Servicing, LLC, related to the altered affidavits matters is available at: http://files.consumerfinance.gov/f/201602_cfpb_consent-order-citibank-na-department-stores-national-bank-and-citifinancial-servicing-llc.pdf The full text of the CFPB’s consent order against Faloni & Associates relating to the altered affidavits matters is available at: http://files.consumerfinance.gov/f/201602_cfpb_consent-order-faloni-and-associates-llc.pdf The full text of the CFPB’s consent order against Solomon & Solomon relating to the altered affidavits matters is available at: http://files.consumerfinance.gov/f/201602_cfpb_consent-order-solomon-and-solomon-pc.pdf
  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 of Springleaf Financial Services Inc. 2. What is the name of the law firm handling the suit? Emmett L Goodman, Jr. Macon, GA 3. How much are you being sued for? 2971.95 4. Who is the original creditor? Springleaf Financial Services Inc. 5. How do you know you are being sued? Served by process server 6. How were you served? 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 my mother is aware of 9. What state and county do you live in? Georgia, Coweta 10. When is the last time you paid on this account? ~2011 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Not answered summons as of yet, cannot find legal status in county magistrate’s web site 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? 3/4/2015 We need to know what the "charges" are. Please post what they are claiming: 1. Defendant is indebted to Plaintiff in the amount of 2876.95, as referenced by Exhibit “A”. 2. Pursuant to O.C.G.A 7-4-2, Plaintiff claims 7% prejudgment interest from June 2013 forward. 3. Said amount is just, true, due and unpaid, and Plaintiff has made demand on defendant for payment, but the defendant has failed and refused to pay same and is in default. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not yet 16. What evidence did they send with the summons? An affidavit of indebtedness and ownership of account with no supporting contract.
  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 credit card? Count two states Plaintiff is entitled to recover because transactions between plaintiff and defendant gave rise to an indebtedness, there existed an agreement between the plaintiff and defendant which established the amount due to plaintiff, and the defendant promised to pay the indebtedness. Prayer requests response and appearance resulting in judgement for damages, just under 2k, court costs, and all other relief entitled. The affidavit states that the custodian for Portfolio is - Competent to testify in the matters contained herein - An authorized employee of PRA, and is familiar with the policies and practices, as well as the books and records of ACCOUNT ASSIGNEE with respect to the matters stated herein. The affidavit is based on their personal knowledge of ACCOUNT ASSIGNEE'S RECORD KEEPING SYSTEM and their review of the business records of the original creditor, including a review of the business records transferred to account asignee. - According to the business records, the account and all proceeds are now owned by ACCOUNT ASSIGNEE, having been sold, transferred and assigned by the seller on (xx/xx/2013). Affidavit states all power and authority has been assigned to account assignee. - According to records transferred, defendant breached terms of the account in the amount of $x,xxx.xx with respect to account ending in xxxx as of xx/xx/2012. - Affidavit states amount due, once again. - Affirms defendant is not a minor or service member. Signed and Notarized Bill of Sale is included, which makes no mention of account number, original creditor, plaintiff, and date of sale does not coincide with date on affidavit. Only one account statement is included, with account number blacked out, other than last 4 of card. Statement does not list any payment, last payment, etc. Only information is the "New Balance," which is the amount being pursued. One page of statement includes generic verbiage regarding account. No information that would indicate how balance was accrued, interest rate changes, last payment, or any payment, etc. Paperwork is very ambigous. Any assistance is greatly appreciated. I am looking for assistance regarding a proper response. Do I need to request permission to request discovery? How should I respond? Is it possible for breach of contract and Account stated? This is a credit card account. Should I bring into question SOL? Also, should I question custodians knowledge of original creditors policies and procedures, as well as their personal knowledge of account and history of how interest was calculated? Do I bring into question their mention of this being an "Account Stated?" as well as the mention of a "Written Contract?" Furthermore, Can I use defense that Sale date on affidavit does not coincide with "Bill of Sale" that was included. The bill of sale, as stated above, makes no mention of any personal information in regards to the account, original creditor, defendant, amount, etc. Sorry for the information being a bit scrambled. I am attempting to include all that seems relevant without posting verbatim, and am rushing through this as I have 14 days to respond, and only discovered this website yesterday. Any help, again, is greatly appreciated, and I can provide addtl' information as needed. Thank you all in advance, and I look forward to being of assistance in any way I can in the future on this site.
  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 be filing the required notice of appeal once I get the final order of judgment. I don't know what the justice court appeal fees are yet, but I don't think I can afford them. There was no trial, and therefore no audio recording to prepare, so maybe the cost from justice court will be lower. It looks like the fee once the case gets to superior court is going to be $300. UGH! No way can I come up with that. There is also a "cost bond" to cover Plaintiff's legal costs. I have no idea how that is calculated, but I'm sure I can't afford that either. The good news is I can request a waiver or deferral of all of the fees. Just when I was getting my hopes up that Plaintiff would be dismissing, it looks like we're just getting started. This is unreal..... Edit: I used info from a variety of sources when I appealed. The following proved to be the most informative and helpful. The first one is a walk-thru that explains timelines and what all needs to be filed and where. The second one is a packet that has forms and fills in some info gaps from the walk-thru. The third one is the general "right to appeal" form the court gives you when you lose. It's sort of a shortened version of what's required to get the ball rolling. I don't know how often these are updated, but the fee info is not right on at least one of these so plan the fees being 10-15% more than what's stated in these documents. https://www.azcourts.gov/Portals/34/Guides/Superiorcourtljccivilappealsudated.pdf http://justicecourts.maricopa.gov/HowTo/CV_Appeal_packet.pdf http://justicecourts.maricopa.gov/CaseTypes/CVForDetAppealInfo.pdf Notice: I appealed a Justice Court case to the Superior Court. If your case started in Superior Court (debt >$10,000) there is a different process for appealing. You can find the info here: http://www.azcourts.gov/Portals/34/Guides/ProSeGuideCOMPLETE(Amended12-12).pdf
  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 the name of the law firm handling the suit? Emmett L Goodman, Jr. Macon, GA 3. How much are you being sued for? 2971.95 4. Who is the original creditor? Springleaf Financial Services Inc. 5. How do you know you are being sued? Served by process server 6. How were you served? 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 my mother is aware of 9. What state and county do you live in? Georgia, Coweta 10. When is the last time you paid on this account? ~2011 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Not answered summons as of yet, cannot find legal status in county magistrate’s web site 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? 3/4/2015 We need to know what the "charges" are. Please post what they are claiming: 1. Defendant is indebted to Plaintiff in the amount of 2876.95, as referenced by Exhibit “A”. 2. Pursuant to O.C.G.A 7-4-2, Plaintiff claims 7% prejudgment interest from June 2013 forward. 3. Said amount is just, true, due and unpaid, and Plaintiff has made demand on defendant for payment, but the defendant has failed and refused to pay same and is in default. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not yet 16. What evidence did they send with the summons? An affidavit of indebtedness and ownership of account with no supporting contract.
  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. ** Objection hearsay, chain of custody, as Mr. Whitaker is not an expert to the financial records of Citibank...** But the bill of sale from Patricia Hall is very generic. Then behind that is a blank "Exhibit 1 Asset Schedule" it looks like they blanked everything out. Then the printout of all my info from an excel spreadsheet and down @ the bottom says " Data provided by Portfolio Recovery Associates, LLC from electronic records provided by Citibank, NA pursuant to the sale of accounts from Citibank to PRA" In the response, the mention Texas DOT v. Arzate, 159 s.w.3d 188,190( Rex. el paso 2004, no pet) I think it is supposed to be Tex not rex. and then Bland ISD v. Blue, 34 s.w.3d 547,554 (TEX. 2000) --------------------------------------------------------------------------------------- Since they separated the Plea to Jurisdiction and the special exceptions, I will do the same. And again any help will be appreciated.
  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 don't know how to present this. Cates v. State, 589 SW 2d 598 - Ark: Court of Appeals 1979 may also be of interest - it provides criteria for admission of business records. -josh Body of my Motion to Strike follows: 1. Plaintiff has submitted into evidence an affidavit claiming that the affiant has personal knowledge of business records related to the aforementioned alleged debt referred to herein as PLAINTIFF’S AFFIDAVIT. 2. The affiant writing the PLAINTIFF’S AFFIDAVIT does not explain how the business records came into her possession, only that to the best of her belief they "represent" the actual records from the original creditor, creditor name. 3. Affiant of PLAINTIFF’S AFFIDAVIT does not claim to have personal knowledge of how business records were kept at the original creditor. 4. Affiant of PLAINTIFF’S AFFIDAVIT does not claim to have personal knowledge of the sale or assignment of the alleged debt from the original creditor to PORTFOLIO RECOVERY ASSOCIATES, LLC. WHEREFORE, the Defendant prays the Court that Plaintiff's Affidavit be stricken from the Complaint filed herein, in which it is incorporated by reference. Respectfully submitted,
  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 December 29, 2013, or else they would "have to continue with collection efforts." Mind you this is only 4 DAYS from the time they MAILED IT, not from when I received it! When I got the notice, I decided not to sign it, because I had no idea what a consent judgment was at the time, and it that phrase didn't sound anything like the payment arrangement I thought I was agreeing to. I timely filed an answer with the court, and on the same day, hand delivered a copy to P a couple of days later. Someone suggested that I also mail a copy of everything to P just to make sure they got it. I did this, but a couple of weeks later (several weeks of bad weather). I should also note that I filed a FDCPA counterclaim based off of the payment arrangement/consent judgment, since they didn't tell me I was agreeing to a CJ on the phone, said that the payment arrangement would make the lawsuit go away, and tried to put me under "duress" by only allowing me a day or two to sign and return the CJ by mail. I also submitted a motion to allow discovery, since we are only limited to 5 interrogs, and submitted requests for admissions, the 5 dogs, and requests for documents. A couple of days after I dropped off the documents to P, I received a letter dated the same day I dropped everything off trying to confirm our "agreement" to the consent judgment. I wrote on the letter stating that I did not agree to a consent judgment, and sent a certified copy of this to them and to the court. Later in time, can't remember the date, they called me stating that they wanted to discuss my answer. I simply said I was advised not to speak to them and hung up. Mind you, I am going at this alone so far, thanks to this awesome forum and all of the extremely useful resources provided by Mr. Phil Stern's website. On February 14, P filed an answer to my counterclaim, denying the allegations - typical failure to state a claim, and also that the claim was frivolous. When what I assumed to be the deadline for discovery passed, February 20, 2014, I sent them a letter saying I hadn't received their responses to the interrogatories. However, I failed to state the 10 day rule - one of many mistakes I've made so far. I sent certified to court and to P. P responded by saying that they never received any docs I hand delivered, that they didn't get notice of any documents or answers or counterclaims (by mail) until February 12, that they only received notice from JEFIS on February 10, so they had until March 14 to respond to discovery. However, they submitted answers to my RFA's and of course objected most claiming I didn't define certain terms so they refused to answer. They also stated they were objecting my motion for discovery and advised me that the motion was premature because discovery hadn't closed yet. I did not receive any responses to my discovery request by March 14, even though this is the date they themselves decided was appropriate. I didn't receive anything yesterday either! CAN I DO SOMETHING WITH THIS FACT? So I am confused - how do they object my motion to permit discovery, yet submit answers to my RFA's? The judge was supposed to rule on this motion on the 14th. The docket has not been updated yet. On Thursday, I received a pretty thick packet from P and P. It was their own requests for discovery. They also submitted 35 interrogatories and 39 requests for admissions! Since they opposed my motion to permit discovery, are they allowed to turn around and do this? Do I have to answer them even though I submitted the motion to permit? Also, if I have 30 days to respond, and trial is set for April 17, should I wait until the last possible day to respond? I received this packet from them on Thursday, March 13, 2014. P also included ANOTHER answer to my counter claim in this packet. They used the same defense and time barred???? I am not sure what they were referring to or what they meant, they didn't cite any law/rule. I thought you had a year to file an FDCPA claim. They also requested dismissal, and opposed my motion for summary judgment, claiming that it was premature because discovery was not over, and that I had not asserted a factual basis that allows me relief. My other mistake was submitting the court forms for the msj, but I did not attach a statement stating why it should be granted. However, after receiving the requests for admissions, and nothing else, I wrote them a letter defending a discovery end date of February 20, 2014, and told them that claiming they didn't get the paperwork would not relieve them of this deadline. I don't know how I will be able to prove this, but I went ahead and filed a motion to dismiss for failure to answer discovery. I also asserted they should not be allowed to use stalling tactics to gather documents that they should have had together before they filed the lawsuit. I asked the judge to rule that the close date was Feb. 20, and dismiss because they had not complied. Another mistake - I didn't explicitly say they had 10 days when I sent the reminder, so I'm not sure if the reminder will be enough to back this up. Miscellanous facts, I have seen "signatures" from 4 different attorneys on this claim. One filed the lawsuit, tried to get me to agree to consent judgment, one filed the answer to my counterclaim, and now this douche bag I've been corresponding with here lately. The RFA's they sent included reference to certain exhibits for me to confirm or use to answer my questions. The exhibits included two affidavits from Debt Collectors about an assignment of accounts - chain of title docs; a bill of sale for each subsequent assignment, and one exhibit in the first assignment sequence, labeled a statement of accounts, but all of the info was blacked out. Also, in the second assignment, the bill of sale made specific references to certain portfolios, but these were black out as well. lastly, they attached a credit card statement from June 2011, but it doesn't appear to be the last bill they sent on the account. there aren't even any late fees on it for that billing period!!! It actually looks a little shady and I would be interested to know what an actual last periodic billing statement looks like. is there a certain format or certain information that a last billing statement must include? So, now that I've walked you through the lengthy details of where I am so far, I am at a loss as to what I should do next! PLEASE HELP!!!!! Is it too late to amend my MSJ? Or even my counterclaim? Can I file another motion to dismiss for failing to answer rogs? Can I use the exhibits they attached to the RFA's against them to argue that they have no evidence that they own the account? Can I file a motion to strike the affidavits, even though I am not sure they have even handed them to the court yet? Do I have grounds to attack these? I saw someone make reference to this before but didn't find an answer, why would Midland make an inquiry to the credit bureau a couple of weeks before filing a lawsuit against me? Are they allowed to do this? Also, I have a question I would like to ask someone off forum, so if someone would please allow me to pm them, I'd be grateful! Additional Info: The case is in NJ. Special Civil Part. Breach of Contract. Less than $2,500 cc account Within SOL. - 6 years Did not send DVR before lawsuit. Can't remember any correspondences pre-lawsuit. Not saying it didn't happen lol! This debt has been disputed with the credit bureaus. Can't remember last payment. The bill they sent is from May 2011. They made reference to a payment I made in 2010. Currently awaiting trial with no jury, 4/17.
  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 people suing you before you think you were being sued? Received dunning letter; timely sent validation letter; received a response giving me the name and address of the creditor. 9. What state and county do you live in? colorado . La Plata 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never - but attached statement has a date within SOL 11. What is the SOL on the debt? To find out: - It's within SOL 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). Served about 10 days ago. There isn't a case file yet, but clerk said they usually file electronically a few days before the response date (June 10). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I recently sent a dispute to Equifax. Still waiting to get Trans and Exp via mail. 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. Yes and they responded with the name and address of the creditor. 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 must file by June 10. 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. They attached an affidavit and a statement. The affidavit looks to be robo signed. Should I attach a redacted version?
  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? 2. Second, should I include in the affidavit what I told the judge in court or should I keep it as a graduated denial (i.e, "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount.") I don't want to say too much, as I don't want the affidavit to be ripped apart by the other side. I have learned from working in government that it is best to only say the minimum that needs to be said. On the other hand, I'm not sure that keeping the affidavit vague will satisfy the judge. I don't want to alienate him after basically giving me a second chance. The gist of what I told him in court was that I had no recollection of getting this credit card, that I didn't live at the address when the bills that the plaintiff provided came, that I knew my then husband had a credit card from this store but didn't think I did, and that I had requested a signed application from the plaintiff but never received it. The judge seemed skeptical about my lack of remembering these events from 7 years ago, but when I told him about some of the things that had been going on in my life at that time he seemed satisfied with my answer and made the offer for me to file an affidavit. Any suggestions? Links to relevant discussions that I may have missed? Thanks for taking the time to read this.
  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 gather feedback from here, as the MIL is critical to the case
  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)In person at my home 7. Was the service legal as required by your state? Not sure, he gave me the letter and walked away. He did not ask for my signature. 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'd never heard from them prior to the complaint. If they sent a letter, I never received it. 9. What state and county do you live in? Michigan, Wayne 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)March 2007 11. What is the SOL on the debt? To find out: 6 years in Michigan 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). Motion of Summary Judgement filed May 16, 2013. Pre-tail orders gave the May 27, 2013 for all motions, dispositive or oterwise, must be filed with court. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)The debt was never on my credit report. I did not have time to dispute except for the ANSWER. I don't think I did that right because immediately the date was set for pre-trail. 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. I mention debt validation in my ANSWER. However, I don't feel I did it correctly. 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? We've gone through all Discovery in which I didn't do correctly because I didn't give them a admit/deny. However, I asked them questions regarding my 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. They just gave me a complaint letter and the time I had to respond. No affidavit or anything. Later, I received a date for the pre-trail. I mentioned lack of information or knowledge and the judge immediately set a trial date. One mistake I made was when the Plaintiff called me into the hall and asked me if I ever had an account with American Express and I said "No." I told him I wanted to discuss this in the courtroom. That's when I mentioned the above statement. Now, JDB has issued a MSJ because I admitted to most of the Admissions questions regarding my residence and the fact that I did have an account with AE. My concern is that Hirishberg subpoenaed my bank account before they made contact with me about the debt. Before they contacted me, they had my bank account information, my driver's license, and statements from AE. My bank account showed where I had paid electronically on the account. I was never told that my bank account had been subpeonaed until a year later. They sent it to me at the end of March 2013. Then they said in the MSJ that they supeonaed my account 3/21/13 which is not true and if they did, they didn't inform me. Also, it would have been their second subpeona because the first was done in 2012 before they made contact with me. The Is that fraudulent? They even have a copy of my application from the bank with my personal info and signature for when I opened the account. It also states my social security number and my driver's license no. That's how they received most of my info. The Bill of Sale from the OC was not signed and none of the other Bill of sales had affidavits. During Discovery they did not submit a signed contract by me, no contract with Hirshberg and OC. I asked for the Subpoena order, they stated alread enclosed, but it was the one from 2012. I asked for the Bill of Sale and Assignment of Account in question, issued to the Plaintiff by OC just to see if they needed to make a correction because the OC signed to someone else but without signatures or affidavit (at least it wasn't included with the copy of the Bill of Sales sent to me). This is where I am. I have until May 22, 2013 or May 24, 2013 to finish this. Please help me and thank you all for taking the time to hear my plead.
  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 by your state? Not sure, he gave me the letter and walked away. He did not ask for my signature. 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'd never heard from them prior to the complaint. If they sent a letter, I never received it. 9. What state and county do you live in? Michigan, Wayne 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)March 2007 11. What is the SOL on the debt? To find out: 6 years in Michigan 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). Motion of Summary Judgement filed May 16, 2013. Pre-tail orders gave the May 27, 2013 for all motions, dispositive or oterwise, must be filed with court. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)The debt was never on my credit report. I did not have time to dispute except for the ANSWER. I don't think I did that right because immediately the date was set for pre-trail. 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. I mention debt validation in my ANSWER. However, I don't feel I did it correctly. 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? We've gone through all Discovery in which I didn't do correctly because I didn't give them a admit/deny. However, I asked them questions regarding my 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. They just gave me a complaint letter and the time I had to respond. No affidavit or anything. Later, I received a date for the pre-trail. I mentioned lack of information or knowledge and the judge immediately set a trial date. One mistake I made was when the Plaintiff called me into the hall and asked me if I ever had an account with American Express and I said "No." I told him I wanted to discuss this in the courtroom. That's when I mentioned the above statement. Now, JDB has issued a MSJ because I admitted to most of the Admissions questions regarding my residence and the fact that I did have an account with AE. My concern is that Hirishberg subpoenaed my bank account before they made contact with me about the debt. Before they contacted me, they had my bank account information, my driver's license, and statements from AE. My bank account showed where I had paid electronically on the account. I was never told that my bank account had been subpeonaed until a year later. They sent it to me at the end of March 2013. Then they said in the MSJ that they supeonaed my account 3/21/13 which is not true and if they did, they didn't inform me. Also, it would have been their second subpeona because the first was done in 2012 before they made contact with me. The Is that fraudulent? They even have a copy of my application from the bank with my personal info and signature for when I opened the account. It also states my social security number and my driver's license no. That's how they received most of my info. The Bill of Sale from the OC was not signed and none of the other Bill of sales had affidavits. During Discovery they did not submit a signed contract by me, no contract with Hirshberg and OC. I asked for the Subpoena order, they stated alread enclosed, but it was the one from 2012. I asked for the Bill of Sale and Assignment of Account in question, issued to the Plaintiff by OC just to see if they needed to make a correction because the OC signed to someone else but without signatures or affidavit (at least it wasn't included with the copy of the Bill of Sales sent to me). This is where I am. I have until May 22, 2013 or May 24, 2013 to finish this. Please help me and thank you all for taking the time to hear my plead.
  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 change the affidavit to include a different OC and the revised affidavit is titled "Amended Affidavit of Indebtedness and Acknowledgement of Assignment". The new affidavit has the same fellow who swore and affirmed under oath that my wife owed 10K of debt from one OC is now swearing that she owes 10K from a different OC. 1. Does that legally disqualify the author of the affidavit and should my wife file a Motion to Strike Affidavit of Debt? 2. The affidavit is written by Ryan, the President of the company who allegedly bought the debt from the OC. The plaintiff in the suit however is a third party who bought the debt from Ryan's company. I did a google search and noticed that Ryan is also the VP of the plaintiff's JDB company. This is not mentioned anywhere in the suit. Is it legally OK to sign an affidavit as the middle owner of the debt without a disclaimer that you work for the plaintiff? If not, how would my wife bring this to the courts attention? 3. Does the "Motion For Leave of Court" mean that the set court date for pre-trial is now being postponed? 4. My wife is in her third trimester of pregnancy and would prefer if I represented her in court. How can I do that? Thank you very much for any guidance you can provide and please let me know if you have any follow up questions. CombingWyoming
  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 $$. I received via regular mail and the service requested was personal. (Not sure if this matters). Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt. Affidavit of debt reads as follows: (Also not notorized). I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf. 1. Defendant has an account balance of $$, which is owed to Plaintiff on account ####. a. The type of account is a credit card (Issuing company: CitiBank) 2. The plaintiff has obtained this debt from CitiBank (South Dakota). 3. The account balance includes MCM's records that there are no late fees after 2/20/09 ------ The summons was issued 2/11/2013 The first letter I received from this law firm was dated 1/24/2013. Due to a recent move, I didn't receive this letter until 2/4/2013. Affidavit dated 1/5/2013 The amount is just under $1000.00 I could pay it off and just settle but I'm not sure I should. First of all, I can't even find a CitiCard listed on my credit report or the original account number. All I find is MCM. I had not had a chance to send a letter of verification prior to the summons. Which, it doesn't look as though they waited 30days anyway! Now what?? I've read some horrible things about this law firm and Midland and not sure I should give them any money. I don't know if a DV is worth my time at this point. Court is scheduled 3/21/2013. Also, If I settle, will it still be filed as a public record on my report? Or should I dispute? Also should I dispute MCM records on my credit report since there is no report for this account # originally?? 1. Who is the named plaintiff in the suit? Midland assignee of Citibank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Bowman, Heintz & Vician 3. How much are you being sued for? Just under $1000 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Summons/claim via US mail 6. How were you served? (Mail, In person, Notice on door) Mail 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? Yes, a very general letter with no $$ amount or acct information dated 1/24/13 9. What state and county do you live in? Indiana (marion county) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/27/2007 11. What is the SOL on the debt? To find out: 6 yrs 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no, the original creditor doesn't appear on any of my credit reports. 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 given a court date only. 3/21/2013. Indiana law says you can counter the suit, but there is no requirement to answer... Not sure what the next step is. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Just the prior mentioned affidavit. Questions... I've been reading threads all day and have found some great information and valuable knowledge. I've also looked into Indiana Civil Procedure. The court says I don't need to answer the summons, just come to court. I feel as though I need to answer, and from looking at Indiana law, I think that is allowable. I'm having a hard time figuring out all the legal jargon. Furthermore, if I answer, do I need to back up the answer with documentation, counterclaims, etc. The threads begin to counter one another on the topic of what to do first. I don't want to shuffle things around and leave the burden of proof on myself!! I want to get this process rolling ASAP as I will be starting on a few more cases BEFORE suit is filed. Most of the cases are very close to the SOL since they were originally the responsibility of my ex-husband (in divorce decree), who recently filed bankruptcy. Thus, I am now just beginning the battle. Thanks for all the great information on this forum. Any further help would be greatly appreciated!!
  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 notorized). I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf. 1. Defendant has an account balance of $$, which is owed to Plaintiff on account ####. a. The type of account is a credit card (Issuing company: CitiBank) 2. The plaintiff has obtained this debt from CitiBank (South Dakota). 3. The account balance includes MCM's records that there are no late fees after 2/20/09 ------ The summons was issued 2/11/2013 The first letter I received from this law firm was dated 1/24/2013 Affidavit dated 1/5/2013 The amount is just under $1000.00 I could pay it off and just settle but I'm not sure I should. First of all, I can't even find a CitiCard listed on my credit report or the original account number. All I find is MCM. I had not had a chance to send a letter of verification prior to the summons. Which, it doesn't look as though they waited 30days anyway! Now what?? I've read some horrible things about this law firm and MCM and not sure I should give them any money. I don't know if a DV is worth my time at this point. Court is scheduled 3/21/2013. Also, If I settle, will it still be filed as a public record on my report? Or should I dispute? Also should I dispute MCM records on my credit report since there is no report for this account # originally??
  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 they enclosed 1) Affidavit of the Creditor (the creditor has requested suit on this account and the affidavit has been provided for suit purposes. We are providing you a copy of this affidavit for verification purposes. At this time a suit has not been initiated. 2) Billing statement This validated the debt and we have been instructed to proceed to collect unless satisfactory repayment arrangements have been made. I have 2 questions. Should I respond that I still dispute and my election for JAMS still stands and should I file with JAMS now? I also read about robo signers. does this sound like the case and how would I find out? Thank you everyone!
  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 answered and provided Defendants Affidavit of Denial for Plaintiff's NEW account. Thanking you in advance for your assistance. HP Memorandum of Points and Authorities for Motion to Strike Affidavit "Plaintiff's Affidavit of Assignment of Rights" This Affidavit of Assignment of Rights ("Assignment") is made and entered into as of this ____ day of _____ 2012 by and between Purchasers Advantage, LLC, a Colorado limited liability company with a place of business at 5295 DTC Parkway, Greenwood Village, CO 80111 ("Assignor") and Professional Bureau of Collections ojf Maryland, Inc., a Maryland Corporation with a place of business at 5295 DTC Parkway, Greenwood Village, CO 80111 ("Assignee"), both of whom may be collectively referred to throughout this Assignment as "Parties," or individually as "Party." Whereas, Assignor has purchased a file of certain charge-off accounts, which consists of certain Wells Fargo accounts hereinafter referred to as the "Purchased Receivables" and Whereas Assignor has forwarded the Purchased Receivables to Assignee for collection activity; and Whereas Assignee has determined that certain of the Purchased Receivables are eligible for Legal Action and wishes to take such legal action as contemplated, by Section 6 of that. certain Collection Agreement ("Collection Agreement") made by and between the Parties on June 28th, 2011; and Whereas, Assignor wishes to grant formal written consent to Asignee to proceed with such legal action as Assignee deems necessary to secure collection on the account Now therefore, the Parties mutually agree to the following promises, the receipt and sufficiency of consideration for which is hereby acknowledged! I. Account. The following information and any corresponding account information which shall be attached to this Assignment shall collectively be known as the "Account." Account Holder: Huey Pilot Account Number. xxxxxxxxxxxxxx9999 Holders Last Known Address: 5200 Airport Road. Cirrus, OR 97000 2.Assignment Assignor hereby assigns all rights title and interest in the aforementioned Account to Assignee for the sole purpose of initiating legal action on and pursuing subsequent collection activity on the judgment of the Account. 3. Acceptance. Pursuant to the requirements of the Collection Agreement, Assignee hereby accepts the assignment of all right title and interest in the aforementioned Account to Assignee for the sole purpose of initiatingj^gal jdion on and pursuing subsequent collection activity on the judgment of the Account IN WITNESS WHEREOF the Parties have executed this Assignment on the date first written above. s/s_Buyer #1 Purchasers Advantage a Colorado Limited Liability Company s/s Buyer #2 Professional Bureau of Collections of Maryland, Inc. On this any day of Month 2012 before me undersigned, a Notary Public in and for the State of Colorado personally appeared JDB Name #1 and JDB name #2, to me personally known, who, being by me duly sworn, did say the within and foregoing instrument was signed on behalf of said Buyer by authority of its Board of Directors; and that the said person as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said Buyer Notary Stamp Notary Signature (Kind of Bogus - may be a challenge?) (Circle not Square) (Missing Notary Number) (absent expiration date)