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Found 11 results

  1. Plaintiff is Citibank/Sears. I've been searching the forums and I know this has been answered but I need to file a motion for continuance tomorrow (today since it's 2:00 am). Initial hearing was 8/15, trial set for 9/5. My at-risk daughter was moved to a new facility on 8/15 so only my husband went to court. On 8/22 she ran and between social services, police, FBI trafficking task force and NCMEC, etc. I haven't done anything else - I spent 5 hours with the FBI today alone. I have to contact the plaintiff attorney and then I have to file the motion, correct? I believe in Jefferson County it's the generic form JDF 76 Motion to _____ and submit it with a blank JDF 77 Order. I don't know what to say to the attorney and put in the motion. How do I word the motion if attorney agrees/if they don't agree? If they don't grant the continuance then I'll figure out what to do next, but doing something is easier than undoing it. I apologize, this sounds so whiny... it's hard to change from one hellacious event to another and I just need some wording... and sleep. : / I've fought social services in court, obtained guardianship of my grandson when my daughter died, defended my handicapped sister in a section 8 eviction (with POA). I can do this.
  2. Greetings. My circumstances are debt related; Credit Card and outstanding Debit Debts. Thank you in advance for your time. 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.) Machol & Johannes LLC 3. How much are you being sued for? Around $2k Plus Court Fees 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo & Company 5. How do you know you are being sued? (You were served, right?) Earlier this month (February) sometime during the second week I was given a piece of mail that contained the above information. Earlier today I was told someone was looking for me in attempt to serve; they were not successful. My mailing address and my living address are different; I receive mail in a delayed fashion. The piece of mail was "Order to Issue Notice to Show Cause", issued by the County Court. The individual to serve left a note and did not serve the papers to those who addressed them. 6. How were you served? (Mail, In person, Notice on door) An individual is seeking me to serve; according to the below information I may not have been served. 7. Was the service legal as required by your state? According to the webpage below; a resident of Colorado one cannot be served by mail. I only have a note. More information needed. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. I received but never replied to mail(s). 9. What state and county do you live in? Colorado; neglecting County until confirmed relevant to circumstances. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. What is the SOL on the debt? Not Sure 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). "Order to Issue Notice to Show Cause" or "Notice to Show Cause Regarding Revivor of Judgement" Assuming the mail reflects the status of the case. Seeking to become more informed on this scenario. 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? Not sure when those trying to serve me will act on the County Sheriffs Department. Attempting to become more informed on the scenario before taking action myself. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I've been receiving mail from Portfolio Recovery Associates LLC for years. It's always proposed as some form of legal document; with various forms of deals to settle the debt. Never replied. Receive mail delayed; sometimes months varying relevance; but with every document the deal gets better. The amount owed in the "Order to Issue Notice to Show Clause" (Mail/Letter) is a medium of all the offers; being as familiar as the other mail, I added it to the top of the pile. I don't keep all the mail; a small percentage of them. @shellieh98 Answered a similarly structured topic from the same State. Don't believe I'm eligible for JAMS. Thread link below: My conditions are different. To be blunt: I'm an artist. Have no money; what very little money I do have isn't in a bank. I haven't been employed by any company that uses paperwork for over 4-5 years, I haven't received any food assistance for about 4-5 years, I've never received any form of unemployment or financial aid, and the last bank account I had was with Wells Fargo. For the last 3 years; I've practiced in keeping a very low profile, leaving little to no paper trail; online or physically. As far as the world knows I'm likely homeless, penniless, and many until earlier this year believed I was deceased. I'm totally indifferent about my credit. Let's admit: Not everyone works this way, not everyone can. I often find people terrified by these scenarios; but I survive and am only lightly concerned at the moment. I have a cellphone, roof over my head, unrestricted access to the internet, a full belly, and what other medium class United States citizens have. I even voted. I'd like to understand my options in this scenario before acting. I could use a legal pointer or two; lets assume I'm expecting to take losses. Found the best information detailing the topic on this very well structured website, with the forum and comprehensive replies. Considering this "Ground Zero" and will remain active on the topic. I'm open to answering further questions and participating as necessary. Thank you very much for whatever information can be provided.
  3. Hey gang, it's been a while since I was a more active member here. I have been lax about cleaning up my wife and my credit and only casually monitoring our credit reports through CreditKarma.com. So, it was no real surprise when we were served papers for a lawsuit in early to mid-December (2015). Although the summons did not have a case number printed on it, I knew that in Colorado the case number isn't assigned until the Defendants have been served, so I didn't hurry to check the docket since the answer wasn't due until January 22nd. The plaintiff in the case is Velocity Invesments, LLC, who until I received the papers had never heard of (they are being represented by Machol & Johannes who I have tangled with in the past semi-successfully). The Complaint claims that Velocity Investments, LLC is an assignee of Santander Consumer USA who we had a car loan through starting in November 2010. In June 2011 I started hearing rumors that my entire department was going to be laid off in September, so we turned in the vehicle voluntarily to avoid an involuntary repossession from appearing on our credit reports. We knew that being less than a year into the loan we would be upside-down and would have a deficiency balance, but decided to worry about that when it happened. As evidence attached to the complaint, they included our initial "Retail Installment Sale Contract" from the dealership that assigned the loan to Santander and the letter of "Explanation of Calculation of Surplus or Deficiency" dated 8/31/2011 that Santander sent after the vehicle had been sold at auction and showed a deficiency of $4646.23 (the unpaid balance of our loan was $15174.73 and they got $10900 for it - the $371.50 difference between the sale and what we owed was for costs associated with putting the car up for sale). I vaguely remember getting the letter for the deficiency, but again, figured I would deal with it at a later date. At the time, we were fast approaching the expected layoff date and I was more worried about keeping a roof over my family's head. Since receiving the "Explanation of Calculation of Surplus or Deficiency" letter, I had received a handful of calls from Santander reminding me about the debt (none of which I answered or returned), but nothing else and when I started using CreditKarma about a year and a half ago, the entry for Santander showed the account was charged off, the debt had been sold to another company (no name mentioned), and the balance was $0. I never saw another listing on my credit reports for the deficiency and thought maybe I'd get lucky and be able to wait out the SOL on it (obviously, no such luck). December passed and I didn't do anything with the summons, including mounting a full-on defense. From my past dealings with M&J I didn't want to tip my hand too early and both work and home life were pretty busy with the holidays and I didn't have the time or energy to really get into it. I can say that my past experiences calmed my nerves and I wasn't panicked or worried about the answer because I knew I had time to answer and that they didn't really have a case as long as I didn't capitulate to anything. Unfortunately, I should have put everything together sooner because the week before the court date on the summons, my wife's father fell ill and she had to travel out of town to be with him and it left me as a sinngle parent for the week of the court date and I was finishing a huge project at work at the same time. I didn't put my answer together until the day before the court date when I had to make the drive from Loveland to Littleton to file my answer in person because I was not going to be able to attend court the following morning. As a result, my answer was short, but hopefully enough to keep them from an MSJ and a default judgment. My answer used two affirmative defenses: Improper Venue and Lack of Standing. Although the contract was entered into in Arapahoe County, I currently live in Larimer County. Article 15 Section 1692i(a)(2) prescribes that court actions must occur where the contract took place or where the defendant(s) live and recommends to Plaintiffs that unless they want the Defendant to object, they should file where the Defendant Lives and not where the contract was signed. I figured it was a longshot and not being there in person to defend it would make it difficult to persuade the judge, but I figured it was worth trying. For lack of standing, although the Complaint identified Velocity Investments, LLC as the assignee of Santander, there was absolutely no supporting evidence included with the summons and complaint. Additionally, they are not listed on my credit reports and I do not recall ever receiving any notice from them that they had been assigned the debt or other attempts to collect it. Unfortunately, case dispositions are not available online for Arapahoe County and I have not received a response to my documents request from the court yet, so I don't know how it played out. I'm posting here because I would like your opinion on how I responded to the complaint and what you think my next steps should be. I think I have answered all of the usual 16 questions for new case posts, but will look over them tonight and post the questions and answers tomorrow. Thanks!
  4. So, my wages are being garnished as of my last paycheck (5/5/16). Today I got the court stuff in the mail. I know I owe money to student loan people, but I don't think this is for that. My questions are : 1) How do I find out exactly what this debt is from? The research I've done shows that Cavalry is a company that buys debts. In my case they are being represented by Machol & Johannes. 2) How do I stop the garnishment? Thanks in advance!
  5. About a year and half ago my credit monitoring agency alerted me that Comcast Cable had done a credit check on me in Georgia. I was stationed in Georgia about 9 months prior before retiring from the Army, but I had never had Comcast and at this point I had just recently moved to Colorado. I contacted Comcast to find out why they had run my credit and it turned out someone had used my name and SSN to get cable in a trailer park nearby my prior military post. I filed an identity theft report with the FTC and with my local police department and faxed all of these documents, along with proof of address and ID, to the Comcast Fraud Department. Comcast told me that they had closed the account and removed all the charges from it so I would not be responsible for anything. About 2 weeks ago I received another notice from my credit monitoring agency that a collections account for that very same Comcast account showed up on my credit report. A fraud investigator from my credit monitoring agency called Comcast and the debt collector with me to try to help resolve the situation. Comcast sent us around to about 5 different people, each time saying they were transferring us to their fraud department, until we finally got one rep who put us on hold for about 20 minutes while she looked into the account. She came back and said there were notes in the system about me calling in about the identity theft and that the representative put down that they were closing the account and removing the charges, but for some reason it never happened. The account wasn't closed until several months later after failure to pay and had something like $800 in charges on it. She said she had no idea why it was never closed and that I had done everything I needed to do. She then said she was going to make a detailed note and send us to the fraud department (!), because she had no power to reverse such a large charge. The next transfer took us to a slightly confused gentleman working at the FTC's identity theft hotline. He told us that Comcast has been sending a lot of their customers to the FTC and telling them that it was the Comcast Fraud Department. Next we called the debt collector that appeared on my credit report. We informed him that the account was related to identity theft and that we were disputing it. He said that he send the dispute over to their fraud department who would verify it with Comcast. All of these phone conversations were recorded, after informing the relevant parties, by both the Credit Monitoring Agent and me. Several days after I disputed the debt over the phone with the collector I received a collection notice from them for $633.12 for this disputed Comcast account. They don't state the results from my dispute, just the standard boilerplate collection notice. I don't know if this is a violation or not since they are attempting to collect on the account after I've disputed it and before they sent me any kind of notification that the debt is valid. It seems like dealing with Comcast's customer service is a dead end and now I am intending to file suit for violations of the Fair Credit Reporting Act and possibly the Colorado Fair Debt Collection Practices Act. I have been contacting attorneys to discuss a lawsuit, but so far the ones I've spoken with feel this claim is outside their area of practice, they are too busy to take another client or they felt they were too inexperienced to handle this type of claim. I am still waiting to hear back from some other attorneys in the Denver area that practice consumer law in the Federal District Court there. I am about as far from Denver as you can be while still being in Colorado so taking this to Federal Court pro se would be extremely difficult for me. Instead I've contacted my local small claims court to discuss whether or not I'd be able to bring claims under the FCRA pro se. The court clerk wasn't sure and she directed me to the pro se office, who also had no idea. I informed them both that the law states: § 1681p. Jurisdiction of courts; limitation of actions An action to enforce any liability created under this title may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of (1) 2 years after the date of discovery by the plaintiff of the violation that is the basis for such liability; or (2) 5 years after the date on which the violation that is the basis for such liability occurs. However, they weren't sure if the judge would allow it to proceed in this court or not. She suggested I speak with some more attorneys about whether I could bring this to court myself. Of all the attorneys I've asked only one said that it should be no issue bringing it to small claims court. The others said they honestly had no idea about the jurisdiction issue. I am thinking that taking this to the County court pro se might be a better compromise. I've been reviewing the text of the FCRA and the FDCPA as well as the Colorado FDCPA. So far I have identified the following violations of the FCRA: § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] a) Duty of Furnishers of Information to Provide Accurate Information (1) Prohibition (A) Reporting information with actual knowledge of errors. (B) Reporting information after notice and confirmation of errors. (2) Duty to correct and update information (3) Duty to provide notice of dispute. (6) Duties of Furnishers Upon Notice of Identity Theft-Related Information (B) Information alleged to result from identity theft. If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct. (7) Negative Information (A) Notice to Consumer Required (i) In general. If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 603(p) furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. I believe that due to their admitted knowledge that the account was opened as a result of identity theft and their decision not to close the account immediately after being notified, then later sending it to the debt collection rises to willful noncompliance as defined by the US Supreme Court in Safeco Ins Co of America v Burr (06-01-2007), where they state: "Willful failure covers a violation committed in reckless disregard of the notice obligation. Where willfulness is a statutory condition ofcivil liability, it is generally taken to cover not only knowing violations of a standard, but reckless ones as well." Even if they did not intend to violate the FCRA and it was just a series of mistakes it was reckless not to close the account immediately and to send it to collections despite being notified it was related to identity theft. Then despite being notified and confirming their mistake they took no actions to correct it. Something that I haven't been able to find a clear answer on is whether each FCRA violation incurs separate statutory damages of up to a maximum of $1,000 or are all violations together a maximum penalty of $1,000? I've found both answers on the internet without any definitive references. My personal reading of the statute makes it sound like you can only get one statutory penalty. I'd love to hear everyone's opinion on this matter and would greatly appreciate any references, suggestions, etc. Thank you all.
  6. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark LLC 3. How much are you being sued for? 4740.47 plus court costs 4. Who is the original creditor? (if not the Plaintiff) Chase Bank USA 5. How do you know you are being sued? (You were served, right?) Yep.. My 14 year old daughter was served with a summons to give to me 6. How were you served? (Mail, In person, Notice on door) My 14 year old daughter was served with a summons to give to me 7. Was the service legal as required by your state? I am not sure.. I didn't think it was ever legal to serve a minor 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? Absolutely none 9. What state and county do you live in? Colorado--Arapahoe 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2010 11. What is the SOL on the debt? Not sure, that is part of my question.. the SOL for Credit Card debt is 4 years, Colorado is 6 years.. I moved to Colorado in 2013.. Prior to that, and the whole life of the Credit Card I lived in Idaho. My ex husband who was "awarded" the debt in the divorce still lives in Idaho. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Not sure.. Served for sure, the court date is 01/19 to enter judgement. 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? It doesn't say, it just says: IF you do not agree with the complaint, then you must either: a.) Go to the Court at the above address and at the above date and time and file the answer stating any legal reason you have why judgement shouldn't be entered against you, OR a.) File the answer with the Court before that date and time. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing ** Side note ** I am aware of this credit card. It was assigned to my ex husband in our divorce which was finalized in 2011, but we separated in 2010. This credit card was not used or paid on after we separated. It was a joint credit card, but I am the only one being sued.. I am thinking I have a good defense on it, but I am not sure how the rules on things work.. 1) I really want to know if the SOL will follow Idaho where the debt incurred or Colorado where they filed. 2) I want to know if it will stand where they are only suing 1 of the 2 people authorized on the joint credit card account and 3) If they can hold me responsible for credit card debt that was assigned to my ex husband in the divorce and a side note, if there is an issue that the process server served my 14 year old daughter.. Thanks~
  7. I've gotten 3 letters and several calls since Sept. 2011 for an alleged Vivint bill I owe. All of the calls were clearly not legit, they were "The sheriff is coming to arrest you" calls, using foul language, calling me foul names and such .I responsed to all letters by asking for proof of the bill ( not in wrinting, didn't know to do that until now) but never got any, none of them after researching them seemed to be legit either. I have called Vivint every time asking them about it and was always told I wasn't in their system so they couldn't tell me anything about it. The last time I called when I received a letter in Nov. I called and asked them if I had owed a balance, where it would have gone and they couldn't tell me that either. It's not on mine or my husband's credit reports. We did have an APEX security system at one time and cancelled when our contract ran out right before Vivint took over. Sunday I was served with an S&C which is in both my husband's and my name. The previous calls and letters I received didn't have his name on them. I had received a letter on Nov. 6th from the Law office of Wyn T Taylor regarding this matter. Their letter stated they were collecting for Assurance Recovery, LLC. I googled them and couldn't find anything. When I called, I asked who they were and said I couldn't find any such company and was told that was them, that they bought the debt and were collecting for themselves. I asked where they got the bill from to see if it matched up with the previous letter I got, they said they didn't know. I asked them for proof and they said oh of course, we will get back to you, they didn't. The S&C is not filed, I called the court yesterday, they said they are probably e filing. On the S&C there is NO evidence attached, they are claiming a balance of $1254 for a contract my husband and myself entered into with Vivint, that's all they have. The letter they sent had no account number, nothing. They seem to have no info about this debt. So that's where I am at, I am preparing an answer and wonering if I should get a lawyer or just do it myself. I guess there isn't a question here, just wondering what you all think.
  8. I received a summons and complaint from Farrell & Seldin representing Midland Funding for a Household Financial account. I am in the process of filing my answer but I am not exactly sure what to put. I have never received anything in the mail from Midland Funding. They have called 2 times - once in 2013 and once in 2014. Both times I requested proof or confirmation of debt, they never sent anything. They kept referring to documentation sent in 2012 that I do not recall ever receiving. Midland Funding was showing on my credit report but I disputed it and after 30 days I received notification it was removed because Midland Funding never responded. Then in April of this year I received a letter from Farrell & Seldin stating they were collecting on the debt. I sent a certified letter to them requesting proof of the debt. All that they sent me was an Affidavit of Debt signed by someone with Midland Funding. The affidavit only lists an account number and a balance but nothing I have ever signed or proving that it belongs to me. Farrell & Seldin say the Affidavit of Debt is all they are required to provide unless this goes to court. Based on the lack of documentation and the inability to provide information to the credit bureau I believe it is best for me to file an answer to the summons based on insufficient evidence. My question is, based on the above information would it be best to fight back against Midland Funding? I know that Colorado's court system can be difficult. Any input would be greatly appreciated!!
  9. 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?
  10. Served a summons and complaint. Only attached a statement. I'm in Colorado. Is there case law which address the need for authentication of business records?
  11. The state of Colorado has recently started a new practice of withholding many people's state tax refund for past debts. Reportedly some of these debts go back 20 years for parking tickets etc. My wife's state tax refund was taken from her by the state and she found out it was because of some over payment by the Colorado Dept of Labor and Employment in 2010 for unemployment benefits. She was never notified of this. Is a state government bound by the laws of the FDCPA? Can the state take money without any due process? She just received the letter about this and she can dispute it within 30 days. Should she just site the FDCPA and use the sample debt validation letter found on this website? Thank You