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Found 31 results

  1. Summary: I'm being sued by debt collector, and I need guidance on Answer in response to Complaint by 5/2/2019. Questions at the very bottom. Thank you. 1. Who is the named plaintiff in the suit? Discover Card 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) M&J LLP asserting they are attorneys for Plaintiff Discover Bank 3. How much are you being sued for? ~$7K (I have several other similarly sized credit card debts I anticipate similar Complaints for) 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served a Summons & Complaint April 2019 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 think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I previously wrote them sometime in 2016 with an offer-in-compromise of 10% of outstanding balance, and again with the same offer after receiving Summons in April 2019. I have never received a response. They called recently, and left a call-back message, but I have not returned the call. I have since learned that I don't know if they are legitimately entitled to anything due to various Affirmative Defense reasons. 9. What state and county do you live in? El Paso County, Colorado 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Last Pay Date - Oct 2015 11. What is the SOL on the debt? To find out: 6 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). Summons/Complaint for Money Due - Dated 3/19/2019 Served Summons/Complaint - April 2019? Not sure exactly. Complaint Answer Due - 5/7/2019 (but I'll be out of state and so must file by EOB 5/2/2019) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Debt was "Charged off as bad debt. Profit and loss write-off” by Discover in April 2016 (per my credit report). 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 must respond to Complaint by 5/7/2019. Complaint: “1. Venue is proper as Defendant resides ... 2. The amounts the Plaintiff claims from the Defendant are $xxxx which represent the liquidated balance of the Defendant’s credit car account owed by Plaintiff, less credits of $xx, plus court costs. 3. The Plaintiff’s claim arises from the Defendant’s failure to pay the liquidated balance due on credit card account xxx as required by cardholder agreement. The Plaintiff claims the right to recover from the Defendant under one or more of the following legal theories: Breach of Contract, Liquidated Debt arising out of a Contract under C.R.S 5-3-304, or Unjust Enrichment. 4. The Plaintiff request interest on any judgment entered on the Plaintiff’s claims in this case to accrue at the rate of 8% per annum compounded annually fro the date of the judgment, pursuant to C.R.S. 5-12-102. 5. The Defendant is not a minor ... 6. The Plaintiff does not demand a trial by jury.” 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent: a copy of the Complaint; the last credit card statement before the account was closed; a stock fine-print copy of the Cardmember Agreement (no signatures); an ANSWER form; their contact information & payment information. I've since learned I need to file an Answer by 5/7/2019, with admit, deny, or lack of knowledge for each of their numbered allegations (but I'll be out of state and so must file by EOB 5/2/2019). Here's my draft response: I. ANSWER In answer to paragraph 1, Defendant admits he resides at the stated address, but lacks knowledge to admit or deny the allegation of whether this is the proper venue, and therefore Defendant denies the allegations. In answer to paragraph 2, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 3, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 4, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 5, Defendant admits the allegations. In answer to paragraph 6, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. II. AFFIRMATIVE DEFENSES Plaintiff has failed to state a claim upon which relief may be granted. Plaintiff’s claim demands monies for an alleged debt for which no proof of said debt, nor proof of ownership of said debt, has been verified and exhibited. Plaintiff has failed to trace in his statement of claim the derivation of his cause of action from his assignor so that the defendant may challenge the plaintiff’s claim that he is the present owner of the cause of action. Plaintiff has knowingly filed the claim without presenting any applicable original signed contract. Insufficient Specificity. Plaintiff has failed to provide the dates on which individual transactions were made, the amounts therefore and the items purchased to be able to answer intelligently and determine what items Defendant can admit and what items he can contest. Failure of Consideration. No exchange of money or goods occurred between the Plaintiff and the Defendant, therefore, defendant cites Failure of Consideration. Repudiation. Plaintiff is not named in any alleged signed agreement that is purported to have been entered into between Defendant and Plaintiff. Lack of Privity. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff. Plaintiff's complaint violates the Statute of Frauds. There is no contract or agreement in writing and signed by Defendant or by some other person authorized by Defendant and who was to answer for a debt. Scienti et volenti non fit injuria. Plaintiff claims to have purchased the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages. Laches. Plaintiff waited too long to file this lawsuit, making if difficult or impossible for Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed. My questions: 1. What am I missing? 2. What have I added that doesn't apply? 3. M&J is listed as attorney's for the plaintiff. How is that different from a debt collector who bought the debt? 3. What if anything should I say regarding a jury trial? 4. The Cardmember Agreement provides for arbitration. What if anything should I say about that? 5. Other thoughts/advice?
  2. I’ve been reading several posts regarding collections from Capital One Bank. And my story is no different. I’m needing advice on what I could do next. First, I was NEVER served my summons by an officer of the courts, I was mailed a few attorney advertisements and attached were the summons. Immediately I got scared, and researched how to file my answer, which I did, as of November 15th. I have no legal representation so I’m defending myself “pro se”. Before this summons came about I was taking steps in repairing my credit, and I sent my first rounds of letters to all three bureaus. Since then, I had the summons in the mail, and I filed the answer, I’ve finally heard back from one of the bureaus which states that Capital One has charged my account off, and it’s states, “Account closed by Credit Grantor Account previously in dispute- Now resolves by data furnished” what I’m assuming now is that my account possibly is no longer owned by Capital One, which means that I might be able to file a Motion To Dismiss because the Party has no legal standing to being this case forward. Will that be accurate? My next thought was that I should request a chain of assignment to see if Capital One Bank does in fact still own this debt. Which is the best option moving forward. There is still no set court date, although I do believe it’s approaching, I found that the plaintiffs attorney had paid the case fee of 165.00 to the courts, so a hearing is coming shortly. I need to get ahead of this and work on proper defense.
  3. Hi Everyone, I have been sued by Cavalry SPV I. LLC, as assignee of Citibank NA, over a credit card debt in the District Court. I was not served and did not receive a summons, but now I have received a Plaintiff's Motion to retain the case on the docket, that they have filed several times after notices to dismiss. Cavalry attached an old credit card statement and an affidavit of claim to the Original Petition. Please help...Really need some help and guidance on how to handle this. Also, I was sued by Portfolio Recovery Assoc., they filed through a Justice of the Peace and I filed an answer with the JP, but think I need to do something else here too. Input much appreciated. I posted this under is there a lawyer in the house as well...fyi. Thanks
  4. I received a court summons in the mail today. It was for a credit card I had a few years ago through Synchrony Bank that ended up being charged off in November, 2016. Midland Funding LLC apparently bought the debt, and is now going to sue me for the $1,400 balance, plus court fees. The total amount they're asking for is $1520. Honestly, I had forgotten about this debt after it got charged off. I would love to be able to just pay it off, but I just don't have the money right now, and wouldn't be able to come up with it before the court date. I don't even bring home $1,500 a month, because nearly half of my paycheck is automatically taken out for health insurance for my family. I can't make changes to my insurance elections until open enrollment for next year. On top of that my student loans just went into repayment, and I have a car payment. Most of my husband's income goes to our mortgage, insurance, and other bills. I've never been taken to court before, so I'm kind of shook up and don't know what to do. Do I need to get a lawyer for this? Is there anything I have to do before the court date (August 30). Is it possible my checks could end up being garnished for this? Is there any way of me possibly being able to get more time to pay this? Any advice would be greatly appreciated. The letter I got reads as follows: ------------------------------------------------------------------------------------------ PLAINTIFF'S STATEMENT OF CLAIM 1. The Defendant(s) owe(s) Plantiff $1437.75, plus a filing fee of $78, plus an e-filing fee of $5.00 for a total of $1520.75 because: The creditor issued a credit account to the Defendant(s). Defendant(s) made purchase and/or received cash advances on the charge account number xxxxxxxxxxXXXX. The last payment made on the account was received on March 25, 2016. The account was charged off by the original creditor on November 18, 2016 with a balance of $1437.75 Midland FUnding LLC owns this account and is successor in interest to Synchrony Bank (Ashley Furniture HomeStore), for this account. Plantiff purchased the account on December 29, 2016, and is attempting to collect the debt. Defendant(s) is/are in default for failing to make payments on the charge account. THIS COMMUNICATION IS FROM A DEBT COLLECTOR 2. The Defendant(s) has/have the following property that belongs to me ____, valued at $____, plus filing fees and costs of $______. For a total of $____. I want the Court to Order this property returned to me or make the Defendant(s) pay me money for the value of the property. 3. I believe the person(s) I am suing is/are at least 18 years old and not in the military service. 4. I understand that if I do not come on my hearing date, my case may be dismissed and I may have to pay the money to the Defendant(s) on any counterclaim that has been filed.
  5. Hey everyone, I am looking for guidance on next steps. I opened my first credit card living in South Carolina with Capital One in college, it had a $10,000 limit (I'm not sure how, I knew nothing about money) and maxed it out and forgot about it. I can't remember when I started receiving calls and letters about collections, but eventually I told my mom about the debt and she suggested I ask for a hardship thing which I did. Interest and late fees stopped, and again I forgot about/ignored the debt. I checked my credit score a couple months ago and saw that it had jumped like 300 points overnight, and found that the Capital One account was no longer on my report, and naturally I was elated, thinking I was forgiven and that I had gotten out of this alive. A couple months later when I checked my score, It was down like 100 points and the new account on my credit score was Portfolio Recovery Associates to the tune of $11,383.67. I began receiving letters again a few months ago, now living in Virginia. I received a letter dated 3/26 that my account has been transferred to litigation department, "at this time, no attorney within the litigation department has personally reviewed the particular circumstances on your account." It appears PRA has purchased my account because Capital One is listed as "seller." I have not responded to any letters or spoke on the phone to anyone regarding this account in years. My guess is that this is within the statute of limitations (6 years for both South Carolina and Virginia), however I don't really know when I stopped paying the credit card bill, probably sometime in 2014. I make very little money (working on it though), have no property except a car which I still make payments on (Capital One Auto Finance), and cannot realistically even settle, their offer for a one time payment of $7,968.56 or monthly payments of $758.91 (I know that it is not advised to make payments to a collections agency) as I simply cannot afford these rates. I don't have a record of these letters (simply threw them out) or of the original credit card details (when I opened it, when I stopped paying, etc.). This is my only debt- no student loans, outstanding bills, etc. aside from my car loan (which is in good standing). Can I even send a debt validation letter? Initial correspondence was a long long time ago. Would they sue me? I don't think I'm a good candidate for wage garnishment or property seizure. I had a rough couple of years in college and after and have been working on cleaning myself up. It would super suck to get sued or have to pay a lot of money, mostly because I don't have any. Do South Carolina or Virginia laws apply? Thanks so much in advance for any guidance.
  6. Hello, I am new, and this is my post (I hope I am doing this correctly). I am asking this question on behalf of my partner. A summons to small claims court for a credit card debt collection in the amount of $828.51 was sent to the home of my partner's mother (who was his guardian from April of 2016 until July of 2017, after he suffered a debilitating brain anerusm). His mother informed us of this summons having been posted on her front door on February 18, 2018. She scanned and emailed a copy of said summons to us. My partner does not live at his mother's address, nor has he lived at her address in well over twenty years. After leaving a care facility in September of 2017, my partner finally was able to come home (our home is 2 1/2 hours away from where all of the brain aneurysm-related issues took place). He wants to fight the debt collection in court, however, because we do not believe he has been given proper service, and has also been shown no proof the debt is his, nor does he even remember having the particular credit card in question. We are unsure of how to proceed, as he is disabled and unable to drive to the courthouse 2 1/2 hours away to address any of this. A letter arrive in the mail yesterday at his mother's house from the court, which she informed us she marked "Return to Sender, Does Not Live at This Address" (because, well, he does not live there), and set out to be collected by the mailman. The trial (according to the case notes listed on the online database for our state) is scheduled for April 18, 2018. He is not willing to have a judgement issued against him without fighting it, but he does not believe he's being given due process. Could someone please advise us on how to proceed? Also, I'm not sure if this is helpful/relevant information, but the creditor bringing the lawsuit against him is Midland Funding, and my partner is currently an SSDI recipient (he has no other source of income, nor any assets). Thank you so much to anyone who may be able to provide helpful advice!
  7. Ok you guys. I have an interesting situation I’m in. I recently had a judgement against me vacated on August of 2017. During my hearing, my opponent (midland funding) did not show up. The court granted this motion and vacated the judgment. The court then moved on its own motion to reopen the case for a new hearing in December 2017. I went to the new trial and some random person (probably an attorney who has no idea about the case) she showed up to court to claim the debt and tried to negotiate outside the court. I of course wasn’t interested in negotiating at all since I never entered into a contract with them. Anyway, we sat back down in court and the judge asked me if I had received any papers at all directly in the mail. I said no — none. He then said, I was supposed to be properly served these papers because you need to know what’s in them. I said “Ok how do I get them” then he said to the attorney to send a copy of the documents for me to see. Then he followed up with saying he will reschedule this hearing to a new date in January 2018 so I can look it over. I went onto onto the court website and noticed they had filed a declaration in Liu statatement CCP 98 in October of 2017 of which I didn’t get a copy because they sent to an address that I haven’t lived in since 2013. I tried filing a motion to strike ccp98 but the window was closed for me to do so (according to the clerk) i now have two options from my research. I can do a motion of limine or I can do an ex party to ask the judge to let him know about my motion within the time frame I have before my next hearing in January 2018 and why I didn’t respond to their October 2017 filing. Which is more effective at this point considering the circumstances? I will also subpoena their “witness” to come to court but need to know which of the two options helps the most. Any legal masterminds out there that can help? 😊
  8. I'm being sued by Discover. Im not sure about how to navigate this forum. I read to post in the "is there a lawyer in the house" but I don't know how you guys find that. If Im inthe wrong spot- please do let me know. Thanks! I sent in a request for arbitration with JAMS back in May. They ignored my request which is evidenced by the papers they had served to me yesterday. I elected arbitration because I need to buy time. I do not have funds to negotiate with I do not have an income. The reason for the "breach of contract" was a personal injury which is also in litigation. I wanted to buy time with Discover til the litigation in my PI case was settled then neg a settlement with Discover at that time. I dont expect a settlemnt in the PI case for one year as my attorney in that matter just filed. Anyone? Should I just let them get their judgement and deal with it when I get my settlement since I have nothing to barter with? How much damage can they do with a judgement? Take my car? My home? Im at a loss and have no clue what to expect. Also feeling a bit sorry for myself as this would not have happened if I had not been injured. (sob Sob.. sorry everyone has their story- and I know noone else cares- especially not DISCOVER) so... please advise? I thought maybe calling them out for practicing as a collection agency without a license in WA State- but even if the Judge bit on that, it probably wouldnt dismiss. I have read through these forums to nausea and as helpful as they are- I dont understand how to respond to the paperwork. Is there a step by step somewhere? Thanks so much! Oh.. I did see I need to answer some questions: 1. Who is the named plaintiff in the suit? DISCOVER BANK 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Suttell & Hammer, P.S. 3. How much are you being sued for? over 15k 4. Who is the original creditor? (if not the Plaintiff) Discover 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) at home, answered door 7. Was the service legal as required by your state? think so, yep 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 sent a letter in May requesting JAMS. a few letters from them since offering settlements but I have not responded. 9. What state and county do you live in? WA , Kitsap 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) still in statute (no luck on that one) 11. What is the SOL on the debt? To find out: 6 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). Im not sure what this means 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I disputed with Discover when I requested JAMS they sent me a questionaire from the Fraud department- I did not fill it out. 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, they sent me copies of a few statements and a few cashed checks of payments to the account. 15. How long do you have to respond to the suit? 20 Days . 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. Breach of Contract Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no interrogatories. 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, they listed within the document the last 4 of the card number, that I had made payments, that I had used the card... that kind of stuff.
  9. Hi - New here. I will sum up my situation and any advice appreciated. I entered a DMP with a consumer credit counseling service to pay off about 60k in Credit Card debt after major life events made it impossible to keep up with payments. Long story short the monthly payment was too much, so the the DMP was cancelled and all cards were written off as charge offs. 1. Last payments to most of the CC were through the DMP in June 2015. So most cards officially charged off in Nov or Dec 2015 2. One item not included in DMP was a loan through Prosper. Charged off in 5/2015 14k or so 3. Since 11/2015 just been sitting on everything, took approach to pray no lawsuits etc. and make it to 2022 and have everything fall off CR. Credit already ruined so that was my initial approach. Painful , anxiety producing yes. Collection Letters, calls at all hours. None of which I responded to or do now. 4. Fast forward. May 2017. Cach LLC (i have heard all about them) sues me for 14k prosper loan they bought at a JDB . Filed early May. Still have not been served. I learned of suit first via a letter from an attorney advertising their services, so I checked court website, and alas it is there. Hearing set for early 2018. Obviously when I am served I will file and answer, as to not get a default judgement against me. I understand that CACH LLC would need to prove standing, chain of command etc. and is a JDB. In Philadelphia, the case goes directly to Compulsory Arbitration Program All claims less than 50k go to this process: https://www.courts.phila.gov/pdf/manuals/civil-trial/compulsory-arbitration-center.pdf 5. Since my whole strategy to avoid BK and just go the informal BK route, was to pray I wasn't sued, has gone to pot, what do you folks advise I do? I don't want to end up losing to CACH LLC and having a judgement. In PA they can't garnish wages, but can go after bank account. Not that there will be much in there after I am paid monthly it basically is drained to every penny. But the point is what do you guys advise now? Facts: 1. I have absolutely no savings to attempt "settling" other than maybe $500-1000 with CACH, LLC and I am assuming they won't go for this in exchange for deleting tradeline, dismissing with prejudice. Because without that, what is even the point. So my question is should I file BK now, or wait. Chap 7 or Chap 13? Or try to fight lawsuit? Not sure what the point of that would be, with all the other debts hanging over my head. 2. I own a paid off car that is a 2011 model kelly blue book 10-12k, minimal other items, and rent. I make just under the median income amount of 51, 138 for chap 7 in PA. I cannot lose my car as I need it for work, so would I have to go Ch 13? I know my car is over the "exemption" amount so how would that work? 3. I have very little disposable income, after rent, normal utilities, and about a $250 payment per month to IRS on installment plan which I have a few more years on. 4. One last question. What happens if I file BK to the lease and the apt I am renting. I have never been late on rent and have been here 5 years. Would it be best to tell landlord before filing (if I file) and ask them what they would do? Do they have to kick me out if I file? I do not owe them anything, nor am I late on any utility, etc. It is just the consumer items listed above. 5. And if filing, should I get an attorney and what would that cost to file in general? Any helpful advice would be much appreciated.
  10. Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney. I've answered the questions necessary thats been requested by the admin/moderators. Thanks again ahead of time. *Note: I've left out specific info. If anyone needs more specific info I can message or email you. -Nehv 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Portfolio Recovery Associates, LLC 3. How much are you being sued for? Less than $5,000 for principal balance, costs of suit and "any such other relief as the court may deem just and proper" 4. Who is the original creditor? (if not the Plaintiff) Synchrony bank 5. How do you know you are being sued? (You were served, right?) Not yet. Served with papers left at home while i was out and also got two letters from attorney services. 6. How were you served? (Mail, In person, Notice on door) Papers were dropped off on the floor. 7. Was the service legal as required by your state? I don't know. I'm not sure to be honest. Since the papers were just on the floor. 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? No contact what so ever with PRA before or after summons. 9. What state and county do you live in? Los Angeles, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe in mid 2015. Never made a payment with the collection account with PRA. 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts Well in California it says the most is 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). As if today: Unknown disposition. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I haven't been served yet. Where can I find the charges? I read all the paperwork. Can someone guide me? It says I "expressly or impliedly agreed to pay ... Balance" 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 two billing statements of the original account with Synchrony Bank.
  11. Question: Does it matter if the collections attorney is lying about who they represent if I know they now DO own the debt? Am I right that they own the debt? Texas resident. . I have two accounts in collections from 2013/14 when I was unemployed. I let my fear and shame rule me, so I did not talk to my creditors at the time, and have since then been at a complete loss as to how to proceed. I am now determined to get ahead of these. My finances are now back to where I can make payments. I have also applied for a Lending Club loan in order to pay all at once, but I don't think I will be approved for that because one of these two accounts (smaller one, different collector) is showing up as a collections item in my credit report. I received a letter from Scott & Associates last week that states a Notice of Intent to File Civil Law Suit for the $5000 debt (the larger of the two I owe, each from different credit cards). I called the OC bank and they confirmed the amount and that the debt had been charged off and the phone number for the new contact person matches the phone number in the letter. This is a collections attorney. I called them this morning to feel out where things stand. Status: They say they represent the OC bank, and that all money I pay to the collections firm will go back to the OC. They have added $80 in court fees to the original total, because they have already printed the suit. Next step is that I will be served with a suit. They say I cannot slow this process and they cannot say how much time I have before the suit is processed and signed by a judge. They have offered that I can pay 57% lump settlement pay-off, or a monthly amount towards the total debt. I called the OC bank to try to clarify. They confirm that the account was charged off to Trak America. The phone number they gave me does match the phone number in the letter. BUT, they are very clear that they do not own the debt, Scott & Associates does not represent them, and that money given to the collections firm will not go back to the OC bank. Questions: Are they misrepresenting themselves? Does it matter? Note: my top priority is preventing this from going to court. I recognize my debt to the original creditor and want to pay my debt. An affordable lumpsum settlement would be great, but paying off the total in a legit way is fine. As long as it's legit. Here is the text of the letter: --- Creditor: [Original creditor, a bank] Total Amount Owed: $5xxx.xx Our Account Number: [their own acct # for me] Dear Mr./Ms [last name], As you know, this law firm represents [PC] in connection with the Account. We have attempted to contact you regarding a possible resolution: unfortunately, we have either been unable to speak with you or we have spoken with you, but were unable to reach an agreement. As a result, WE HAVE DECIDED TO FILE A LAWSUIT AGAINST YOU. If we do not hear from you, the next correspondence you should expect to receive from us is a copy of the lawsuit. THIS MATTER CAN BE SETTLED! PLEASE DO NOT IGNORE THIS MATTER! Contact us to discuss settlement options. Sincerely, Scott & Associates, P.C. This account is issued and administered by [OC], successor in interest to [XXXX Card Services] * Please be aware that we are a debt collector attempting to collect a debt. Any information which you provide to this firm may be used by us for that purpose.* ---
  12. Need advice on how to file a response to a court document informing me that I am being sued by Midland Funding for a credit card debt owed to Credit One Bank. Within the documents it shows that the bank sold my file to a collection agency,then that agency sold it to another and after that, apparently Midland Funding bought it and is now suing for the amount of $2,168 of which all but approximately $600 are late fees, etc. The document titled "Citation (Debt Claim Case)" states: You have been sued. You are commanded to appear by filing a written answer to the petition filed by Plaintiff with the Clerk of the Court on or before the 14th day after date of service of this Citation. My question: I do not dispute that I owe Credit One Bank and am willing to settle for a reasonable amount. How should I word my response to reflect that, if it would even be advisable to admit guilt at this point? Should I reply by acknowledging receipt of the docs only to comply with the deadline? Could I try to settle while the papers are taking "their time" of being processed? My first reaction after finding the Citation in my mailbox was to send the lawyers representing Midland an email. That email has been ignored for a week now. I asked them if there was a way to come to a mutual agreement instead of continuing with the legal process. I guess they are not interested. Are there options at this point? Financially I am not in the position right now to pay the entire amount but could pay 25% to show good faith. Any advice is greatly appreciated! Deadline to respond to Citation is November 2, 2016
  13. Hi guys, it's my first time using this forum and I wanted to ask about debt. I know that many people on this want to be debt free and some of you may have learned how to be frugal after getting yourself in a tight spot. I'm also of the latter, and I wanted to ask what you think about ... link removed...like the one I linked to, in order to pay off $10,000 of high interest credit card debt (16%). The APR's with a new loan would be less, and I would have a longer time to pay it off (2-3 Years) but I am definitely asking for guidance here. Any mathematicians here? lol, Thank you in advance!
  14. Hi I was recently sued by Unifund CCR, LLC for a credit card debt. I answered their summons . Now i received document for interrogatories. I was not quite sure on how to respond back to the specific questions below which ties back to the Answer that i replied back to the summons. Would greatly help if any one could help me explain what exactly they mean and template to answer. I received the same question for 12 of my affirmative Defenses. With respect to the First affirmative defense alleged by you in answer to the plaintiff’s complaint, please set forth: I. “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense II. As to each such person, state his/her name, last known or present address, telephone number. III. State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge. IV. “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates. Attach hereto a copy of each “document”. Incase you wanted to know my Affirmative defense they are as below : 1. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff. 2. Defendant denies the allegations as there is not, nor has there ever been any agreement, written, oral or implied with Plaintiff and Defendant. 3. Plaintiff’s complaint fails to allege a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff’s complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide. 4. Plaintiff’s complaint further fails to allege that the assignor even has knowledge of this action or that the assignor conveyed all rights and control to Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against Defendant. 5. Plaintiff has not proven that they are authorized and licensed to collect claims for others in the state of New Jersey, solicit the right to collect or receive payment of a claim of another. 6. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, Section 807(2), 15 U.S.C. § 1692e(2)from collecting interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify if such interest is allowed. 7. Defendant claims accord and satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits from the Plaintiff. 8. The Plaintiff has failed to reference with complaint proof of alleged assignment, original contract signed by Defendant, account numbers, accounting measures to come up with such sum, lack of bona fide proof this alleged debt is indeed Defendant’s. The complaint does not disclose this information and it cannot be assumed without creating an unfair prejudice against Defendant. 9. Failure to state a claim upon which relief can be granted. 10. Plaintiff’s complaint violates the statute of frauds as the purported contract or agreement falls within a class of contracts or agreements that are required to be in writing. The purported contract alleged in the complaint was not in writing and not signed by Defendant or by some another person authorized by Defendant and who was to answer to the alleged debt, default, or miscarriage of the other person. 11. Plaintiff’s complaint is time-barred by the applicable statute of limitations on credit card debt in the state of New Jersey 12. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.
  15. Hy guys, I have been reading a lot on this forum and I want to thank all those who brought a beam of hope into the lives of many people! Thanks! This is my issue: on July 9 I received a letter from a law group, signed and dated by a lawyer July 6 2015, informing me of their "Intention to file litigation....". They informed me that I had 30 days to dispute the validity of the debt. On August 3rd, I sent a letter (didn't think to make it certified!) to the law firm. Today, August 9, I receive another letter from the same law firm (dated and signed Aug 6) stating they have "Intention to file litigation...". Now, if I am not mistaken, they have violated the 30 days period: the original letter states "unless you dispute the validity of this debt within 30days after the receipt of this notice..." now the receipt is Jul 9 2015. The second letter in which they renew their intention to file the lawsuite is dated Aug 6 2015. The 30 days period from the receipt I beleive starts on July 9 2015 and end on Aug 8 2015 (11.59pm), thus the first day after the 30 days is Aug 9 2015. So to summarize: Letter_1 Date signed by their lawyer: Jul 6, 2015Date received by me: Jul 9, 2015 [30 days are supposed to pass, however i receive a new letter from them] Letter_2 Date signed by their lawyer: Aug 06, 2015Date received by me: Aug 8 2015. Is this something that violates the Federal Act? Btw, I do not have a job, i do not own a car or a house or any property: what is their gain from taking me to court?
  16. http://finance.yahoo.com/news/woman-sues-debt-collector-wins-103051927.html
  17. 1. Who is the named plaintiff in the suit? Bank of America 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stillman law office 3. How much are you being sued for? 7k 4. Who is the original creditor? (if not the Plaintiff) BofA 5. How do you know you are being sued? (You were served, right?) yes, 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 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? Only stillman saying that BofA may invoke its right to sue you - I called stillman to talk about it - i said I could pay later after my disability cleared - they sued anyways 9. What state and county do you live in? MI, Wayne county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2013 SoL is not applicable 11. What is the SOL on the debt? To find out: 6yrs 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). 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? Did not receive a questionnaire. 1. That the defendant herein is indebted to the plaintiff upon open account or pursuant to contract, and defendant accepted same. 2. Plaintiff has completed performance and defendant agreed to pay the account, copy attached. 3. There is presently due and owning, over and above all legal counter claims, the sum of $6917.91 4. Plaintiff requests judgement for $6917.91 plus court costs. 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. Attached is a form from BofA simply stating my name, account number, amount owed, and the last interest charge. Is this worth it to fight since its BoA directly not a JDB? I have just been cleared for disability (is that any kind of defense?) - i was in a bad car accident and that's why I couldn't pay it...I called stillman and told him i could pay after i got cleared for disability and he sued anyways. Very scared I dont know what to do!!!
  18. Hello, I am new here but I see that there are lots of very active and knowledgable users here so I thought I'd seek some friendly advice. I am trying to help out my 80+ year old grandparents that have gotten themselves in some seriously unmanageable debt while trying to help another family member's difficult financial situation. Bless their hearts, but shame on them for digging themselves in a financial hole. They have a total of about $31k in credit card debts in 22 accounts.They have no real assets - not homeowners (rent), no business or properties, only have a pretty old car.Their only source of income is their social security retirement income.All payments to creditors have ceased as of this month (so the calls have just started).We have closed all the accounts (for some reason I thought this would stop late fees, but now I know thats not the case).I seeked free legal advice considering bankruptcy from a pro bono lawyer and I was informed that they are "judgement proof" and it is pointless to file a bankruptcy. Their income is protected and even if the creditor wins, they can't collect. While this may be true, I am concerned about the 6yr statue of limitations in NJ. This is not something I want to have to keep an eye out for such lengthy period of time. Perhaps if it was maybe a few accounts, but since its so many it would just be stressful answering to all of them. The biggest bankruptcy filing con is the cost - approx. $1200 with a lawyer. I am wondering if I may be able to do the paperwork myself. A friend of mines recently filed and I have reviewed the paperwork. Though it was alot of legal terminology, I have found help online and software programs that make it pretty straighforward. Is this something any of you would consider doing without a lawyer though? Am I being too confident here? Also while searching through another forum, I saw an old post where a user in a similar situation with her elderly mom said she was able dismiss the accounts directly with the creditors by sending them letters explaining to them her situation and that she was judgment proof along with a copy of her SS award letter. Should I do this as well? Has anyone tried this or had any success writing-off an account directly with a creditor? I guess it can't hurt to try or can it? Maybe if they knew it was going to be pointless to persue these accounts, they would just move their efforts towards onto other more successful accounts to collect on. Please let me know your thoughts and experiences. Thanks
  19. "I am involved in a credit card debt lawsuit here in FL. I've done pretty good so far. I was able to get the PA's motion to strike defendant's affirmative answers denied b the judge. I had served them a Request to Produce for discovery. They, of course, have file a motion for enlargement of time, which the judge has not ruled on yet. But, the 30 days deadline for discovery is approaching at the end of this month. I trying to draft the "nice" letter I need to send to Attorney. Can anyone please give me some pointers on how to write it up? I have been unable to find any samples. this is what I have so far, but second guessing putting in my intent to file a motion: "On January 23, a motion was filed with the County Circuit Court for Request for Production for documents in Case #XXX. According to the USPS, the copy of this request mailed to your office was delivered January 26, and signed by Ms XXX. According to FRCP Rule 1.35(a), written response is due within 30 days after service of the request. As of this date, I have not received any of these documents. Respectfully, Me" Do I want to add my intent is to file a Motion to Compel if the documents are not received in the 30 days time.? any suggestions is so much appreciated. Thanks for any help and guidance you can give.
  20. A family member received a letter from a JDB that is attempting to collect on an old CC debt that was included in their Ch7 bankruptcy. This is an initial contact with the proper language/disclaimers. Quick rundown - JDB is Jefferson Capital Systems (first I have heard of this particular outfit, possibly related to RJM Acquisitions) - Recently purchased the debt (no date given) - CC Debt, around $2-3K, last paid in 2009 - Discharged in BK CH7 in 2010 I've read the attempt to collect on BK discharged debt may be a violation of FDCPA Section 807: "(2) The false representation of (A) the character, amount, or legal status of any debt." Even if so, not interested in pursuing anything legally, they just don't want to deal with garbage like this, hopes to not have to deal with this debt being sold again & someone creating a trade line over it. What is the best response? I haven't found anything specific for this in the CIC (so far), and only a few related items elsewhere. The recommendation seems to be to send a letter informing the JDB that the account was discharged, to cite the case number of the BK, and instruct them to cease collection efforts. Is this enough? Include any pages from the BK?
  21. Go a letter from Sentry credit stating to disregard their previous letter and I never got the previous letter as far as I know. They had a OC listed which I did have a credit card with them . So why would they send that and then say sorry for the inconvenience. Perhaps it got resold to another JDB?
  22. Here is a good article on this (FDBPA http://blog.nationallist.com/2013/08/01/new-california-debt-buying-practices-act-fdbpa-could-affect-you/
  23. Hi- These forums have been extremely helpful as we've prepared defense paperwork on what appears to be junk debt buying by LVNV Funding represented by Nelson Kennard in Sacramento, CA. We responded to their discovery req. for Adm, Prod of Docs and Form Interrog. with help from many on this forum. We've met for CM and Settlement Conf. and trial date is set for 6/6/14. (At the CM and Settlement Conf., Nelson& Kennard sent a local atty who was not familiar with the case and appeared confused. He did agree to the trial date) We sent our own Discovery request on 12/31/13 and Plaintiff has not responded at all. We have read a lot of conflicting information on Motion to Compel - should it be sent? We've read on the forum that it forces the Plaintiff to do their homework, and it may be better to sit back and respond to any of their filings. We want to make sure we follow through with best practice for a most positive outcome. What is the next best step for us? More importantly, how do we correctly create and file a Motion to Compel Discovery and how do we create and file a "Motion to Deem admitted" our Req. for Admissions? We've researched and can't seem to find a "template" to follow for these 2 items. We would appreciate any guidance. On the forums, we've read that the date for the 45 day time period clock for filing a Motion to Compel starts with the date that the Responding party actually responds. We have not received any response, so are wondering if there is any due date for this since the time clock has not appeared to start. Lastly, can we request sanctions? How much is reasonable and is this a separate motion as well? Thanks!