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Back in 2013 I had successfully defeated BoA and FIA card services in court over an alleged credit card debt that was and isn't mine. These guys will not correct my credit report even after their lawyers stated they would in their stipulation of discontinuance of their suit against me after I won the case. Now I feel like I have no choice but to sue them in district court. I'm not entirely positive whether I should file a civil claim or a small claim against them for violations of the FCRA/FDCPA... So any advice I could get would be completely appreciated. I have defended myself in court before pro se, so I'm comfortable with the process. I just want to know what would be the best way of building my case and having BoA removing their erroneous account information off my credit report for good.

Hey All! Seriously need help! So stressful with this situation on top of having one lung (hot weather is tough!) and a 93 year old father with dementia that I advocate for - he just got out of the hospital yesterday, after being there for two weeks for emergency surgery. I have to answer the pretrial statement by Monday. I have been reading about a motion to dismiss, but with Covid, everything is short staffed at the courts. The courts told me not to do a motion to dismiss. Is anyone familiar with FIFTH THIRD, Jefferson Capital Systems, Trak America and/or Stillman Law Offices? Years ago I had a credit card with FIFTH THIRD BANK. I kept in close communication with FIFTH THIRD during difficult times. Due to unforeseen circumstances, I had no choice but to default. I called Fifth Third Collections - they said they cannot settle anymore; my account went to Jefferson Capital Systems. I called Jefferson Capital Systems, they said my account went to Trak America. I am not sure who owns my debt at this time. I have court scheduled for July 2, and have to submit a Pretrial Statement 10 days before court. Need to drop off at court Monday, June 22, 2020 and mail to the Plaintiff. * I received a letter from Stillman Law Office, LLC last night, Friday, 6/19/2020, after the offices are closed until Monday. Letter says "Our firm is interested in speaking with you so that we may discus you in resolving your account." It states, "This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose." **** I AM EXTREMELY UNCOMFORTABLE WITH STILLMAN LAW OFFICES **** ORDER OF EVENTS: Had a credit card with Fifth Third. After life crisis events (cancer, had right lung removed, abuse from husband with a son with special needs (mentally 2-4 years old) who has medical issues, had to leave with three children, daughter with epilepsy, let marriage home foreclose,...) I fell behind. I explained this to Fifth Third. The minimum I had to pay was too much. Credit limit was $10,000. My balance was $8126.32 when I defaulted. They continuously offered amounts to settle. The final offer was just over $1,500. I communicated with Fifth Third that I wanted to pay this offer but could not. There was nothing I could do. TIMELINE: 6/2/2014 - My last payment posted to the account Fall 2018 - I received a notice from Jefferson Capital Systems stating I owe $8971.87. I sent the the notice back stating I needed more details/information. My balance was $8126.32 when I defaulted. 6/24/2019 - I received notification from Stillman Law Offices stating they are a debt collector re: Jefferson Capital Systems. 7/16/2019 - I sent a certified letter stating: This letter is sent in response to a letter received by you on June 24, 2019. I am requesting that you provide verification of this debt. Send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed. Details about the age and amount of the debt including a copy of the last billing statement from the original creditor; a detailed explanation of any interest added or payments made since the last billing statement and the legal authorization for this interest; the date the original creditor claims this debt became delinquent. Whether this debt is within the statute of limitations and how that was determined. Details about your authority to collect this debt: whether you are licensed in my state, and if so, provide the date of the license, name on the license, license number, and the license number, and the name, address and telephone number of the state agency issuing the license. I need more details about what you claim I owe so that I can make an informed decision. 9/9/2019 - I received a cover letter with a copy of a Bill of Sale between FIFTH THIRD and Jefferson Capital (The Bill of Sale said “see file attached” with nothing attached), and some copies of statements. I did not respond since they did not answer my many inquiries - I thought it was over. Then, on March 17, 2020 (lockdown now in effect) - I received a summons that had very few papers included. The paperwork stated that I was avoiding them (not true). The paperwork said “see attached affidavit,” only thing included is an excel spreadsheet. I then looked more closely at the statements Stillman sent to me 9/9/19. He sent a year of statements excluding one month, and duplicates of two pages. Forty-Six pages as follows: Cover letter - “This communication is from a debt collector” Copy of Bill of Sale (says “to those Accounts identified in the File attached…) nothing attached Page 1 Statement dated November 18 to December 28, 2014 Page 2 Boilerplate Page 3 dated October 18 to November 17, 2014 (Note date different from #3, same as #9) Page 4 dated October 18 to November 17, 2014 (Note date different from #3, same as #10) Page 1 Statement dated October 18 to November 17, 2014 Page 2 Boilerplate Page 3 dated October 18 to November 17, 2014 (See #5) Page 4 dated October 18 to November 17, 2014 (See #6) Page 1 Statement dated September 18 to October 17, 2014 Page 2 Boilerplate Page 3 dated September 18 to October 17, 2014 Page 4 Header only dated September 18 to October 17, 2014 - Blank Page 1 Statement dated August 18 to September 17, 2014 Page 2 Boilerplate Page 3 dated August 18 to September 17, 2014 Page 4 Header only dated August 18 to September 17, 2014 - Blank Page 1 Statement dated July 18 to August 17, 2014 Page 2 Boilerplate Page 3 dated July 18 to August 17, 2014 Page 4 Header only dated July 18 to August 17, 2014 - Blank Page 1 Statement dated June 18 to July 17, 2014 Page 2 Boilerplate Page 3 dated June 18 to July 17, 2014 Page 4 Header only dated June 18 to July 17, 2014 - Blank *****NOTE DATES ***** MONTH MISSING ***** 27) Page 1 Statement dated April 18 to May 17, 2014 28) Page 2 Boilerplate 29) Page 3 dated April 18 to May 17, 2014 30) Page 4 Header only dated April 18 to May 17, 2014 - Blank 31) Page 1 Statement dated March 18 to April 17, 2014 32) Page 2 Boilerplate 33) Page 3 dated March 18 to April 17, 2014 34) Page 4 Header only dated March 18 to April 17, 2014 - Blank 35) Page 1 Statement dated February 18, 2014 to March 17, 2014 36) Page 2 Boilerplate 37) Page 3 dated February 18, 2014 to March 17, 2014 38) Page 4 Header only dated February 18, 2014 to March 17, 2014 - Blank 39) Page 1 Statement dated January 18 to February 17, 2014 40) Page 2 Boilerplate 41) Page 3 dated January 18 to February 17, 2014 42) Page 4 Header only dated January 18 to February 17, 2014 - Blank 43) Page 1 Statement dated December 18, 2013 to January 17, 2014 44) Page 2 Boilerplate 45) Page 3 dated December 18, 2013 to January 17, 2014 46) Page 4 Header only dated December 18, 2013 to January 17, 2014 - Blank ***** TAKE NOTE: ALL ACCOUNT NUMBERS ON PAGE 1 of STATEMENTS listed above, ARE BLACKED OUT WITH A HEAVY BLACK MARKER (as opposed to the paperwork sent to court, which are blacked out neatly and professionally with black tape) PAPERWORK STILLMAN SENT INCLUDING SUMMONS, 17 pages as follows: Order Regarding Alternate Service Second Summons Motion for Second Summons and Order; States “See Attached Affidavit” **No Affidavit attached 4. Summons 5. Copy of Complaint 6. Page 1 Statement dated November 18-December 28, 2014 7. Page 2 Boilerplate 8. Page 3 Statement dated November 18-December 28, 2014 shows “clearing offset” and “client service fees” **Please see #3, #4, #5 and #6 of the 46 pages he sent to me. 9. Page 4 Statement dated November 18-December 28, 2014 - Blank 10. Page 1 Statement dated May 18 to June 17, 2014 **Missing statement in the 46 pages above - last month I made a payment 11. Page 2 Boilerplate 12. Page 3 Statement dated May 18 to June 17, 2014 13. Page 4 Statement dated May 18 to June 17, 2014 - Blank 14. Copy of Bill of Sale (says “to those Accounts identified in the File attached…)” 15. Excel spreadsheet p. 1 of 3, titled “Excerpt from Sale File Assigned to Jefferson Capital Systems, LLC Pursuant to the bill of sale dated 9/7/2018 **Shows 23 redacted lines. One line with my name, ss#, acct #, Seller acct#, date act opened 16. Excel spreadsheet p. 2 of 3, titled “Excerpt from Sale File Assigned to Jefferson Capital Systems, LLC Pursuant to the bill of sale dated 9/7/2018 **Shows 23 redacted lines. One line with charge off date, charge off amount, purchase balance, last payment date, last payment amount 17. Excel spreadsheet p. 3 of 3, titled “Excerpt from Sale File Assigned to Jefferson Capital Systems, LLC Pursuant to the bill of sale dated 9/7/2018 **Shows 23 redacted lines. One line with Original creditor The papers included by Stillman were the papers missing in what they sent me. Also, no mention of attorney in paperwork sent to me, just “Stillman Law Offices.” Attorney name, Stuart Lebenbom, is listed on summons in court papers. He is one of the partners. I called his office and was told Jefferson Capital has a very large volume of debtors and that a staff attorney will be handling my account. ON PAPERWORK TO ME: Stillman appears to be a debt collector. ON PAPERWORK WITH THE COURT: Stillman appears to be representing Jefferson Capital I am a single mom on a very low budget... Had kids later, and was forced to retire early to be with them. Child support also just got cut in half... very small pension. HELP!! ** Have paperwork to share, not sure how to attach here

Hello, I was sued last September by PRA in Arizona for slightly over $2K for a Barclay's Card account. MTC Arbitration was granted by the Justice Court in December, and I went ahead and filed an arbitration case with AAA (per the CC agreement) this January 24th. After a couple of requests by AAA to PRA in Febuary for the $300 filing fee and $2500 arbitrator's deposit, PRA paid up the $2800 and I received the initiation email from AAA on March 9. Currently AAA is awaiting an "Initial List of People, Firms, Companies, and/or Groups Involved in the Arbitration" form from both parties due the 16th. PRA has not paid the $1400 case management fee as of yet. Here's the catch: after I filed the arbitration case on Jan 24th, PRA went ahead and filed a motion to dismiss the case WITH PREJUDICE in Court Feb 11th, and the motion has been granted and the court case dismissed. My copy of the motion got temporarily lost in the mail (by me), and when I saw it the other day a light bulb went off in my head. Can't I simply drop the arbitration case at this point and walk away from the matter with my hands clean? I saw a post by Harry Seaward in another thread (2nd post down) stating that the court retains jurisdiction in AZ after a granted MTC (per ARS 12-1502 ) to confirm the arbitrator's award. But does this apply when the plaintiff drops the case and the court dismisses it? My hunch is that it doesn't matter and the court matters are finished, though I could be wrong. Here is the thread referenced: https://www.creditinfocenter.com/community/topic/330238-arbitration-question-in-az-regarding-lawsuit-by-pra Thanks in advance for your replies and all of the help received thus far on this great forum!

Hi All, My wife is being sued in FL by Prortfolio Recovery Associates LLC. She received a summons to appear for a pre-trial conference next week. This is in small claims court in Pinellas county, FL. We are being sued for about $1,400. My wife is required to appear next Tuesday and the summons says; The purpose of the pre-trial conference is to record your appearance, to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pre-trial conference. It also states that she may be ordered to mediation at the pre-trial conference. The original creditor was Orchard Bank and of course Portfolio Recovery purchased the debt from them. They have filed against us within the SOL so no luck there. Attached to the summons is the following (paraphrased); --Complaint with 8 points-- 1-This is an action for less than $5,000 2-Defendant obtained an Orchard Bank/Capital One credit card 3-Plaintiff is successor of account having purchased it (see exhibit A) 4-Defendant made purchases and charges on account then failed to make monthly payments and failed to object to the balance owed resulting in sum of $1,400. 5-Plaintiff has declared Defendant in default and demands payment. Defendant has refused demand. 6-Defendant is indebted to Plaintiff for $1,400. 7-All conditions precedent to this action have occurred. 8-Pursuant to rule 2.516, Plaintiff designates the following email addresses for the service of all documents and it goes on to list several lawyers email addresses. Wherefore , Plaintiff demands judgment against Defendant for $1,400. --Exhibit A-- Affidavit signed by the "custodian of records" for Portfolio Recovery --Exhibit B-- Statement of Account It states the Issuer as Orchard/Cap 1. The assignee as Portfolio Recovery. Thedate the account was opened, date of last payment, date of charge off. Balance of $1,400 Purchase date and that we have made no payments to them. --Exhibit 1-- Bill of Sale This is the document that transfers ownership of the account from Cap 1 to Portfolio Recovery. It is signed by a VP of Cap 1. The price that Portfolio Recovery paid and the "Sale File" are blacked out! Interestingly the card we had was an Orchard card. Not sure if that makes any difference. --Exhibit 2-- Exactly the same document as Exhibit 1. It also has two photocopied pages of an account statement from Orchard bank showing that we owe $1,400. --Civil Cover Sheet-- This is just a cover sheet (why it's the last sheet in the summons I have no idea). It basically says that they are suing us in civil court for "contracts" and that they don't demand a jury trial. Our objective is to settle this for as little as possible and/or to get the case dismissed if possible. Neither one of us has ever been to small claims court before and hiring a lawyer is not really an option for such a small amount. Any help and advise is much appreciated and I would be happy to answer any more detailed questions. thank you, --InDebtinFL

Hi all, So forgive me; it's been awhile since I've had credit problems, but last year was a rough one... SO I had two cards with capital one that both charged off about 6 months ago...... I just got a letter dated 1/18 that says "My account was acquired by Sherman Originators III, LLC on 1/17." And that they own my account and may contact me yata yata.... a) trying to not panic that I will receive a summons ?? b ) I am totally wanting to pay these off. One is for 733.00 and the other for about 1200.00 My finances are kind of tight as I've been paying quite a few things off, but my income is steady and I could slowly but surely pay both. If this is my plan, do I need to freak out that they won't work with me? Unfamiliar with this company; have no idea what to expect. Any help or insight would help. I will try not to react unrealistically in the meantime! Thanks!

Long story short, I am three months behind on one of my credit cards which has a hefty balance. I can't seem to make any payment arrangements with Bank of America. Recently I learned I will be getting a significant inheritance. (Enough to MORE than pay off the balance on all my credit cards.) The problem is I have to wait for the inheritance and there MAY be probate (we don't know yet). Probate could take months. I don't think it will be years, but who knows? My question is, how do I buy time until I can get the money and pay everything off? I am thinking of asking a family member for a loan for this one credit card (I missed the past three months of payments). I don't want to borrow from her each month, maybe this one time, then wait and see how long probate takes and play it by ear. I may miss some upcoming payments, but if I can pay some of the time, would this delay Bank of America sending my debt to a collection agency? I hesitate to tell them about the inheritance just in case. (I don't know...I am as certain as I can be that I'll get it, but I don't have it YET.) Any advice you can give me, I'd really appreciate. Thanks!

Hi Everyone, I am being sued by Capital one bank & Hunt & Henriques. My former roommate informed me that I received a letter of intent to sue from Hunt & Henriques. I am currently not living at the address they are sending mail to anymore. Because of this i have been checking the small claims website to see if my name would pop up and when i check it today it did! A few years ago I was going through very hard times and was living off of 2 CC's. My life is now moving in a positive direction, working + going to school full time, but I currently have no money to pay them. I am very scared as any reduction in my pay would put me back in a dire financial situation. Any help, advice or guidance would be most appreciated. Here is what the 2 case numbers are saying. I have been doing a bit of research on this website and I think the first thing I should file is a bill of particulars? Party Number Party Type Party Name Attorney Party Status 1 PLAINTIFF CAPITAL ONE BANK (USA) NA HUNT, MICHAEL S. First Paper Fee Paid Viewed Date Action Text Disposition Image 06/04/2019 DEPT. CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT 12/05/2018 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT 06/06/2018 CASE ENTRY COMPLETED Not Applicable 06/06/2018 ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 06/06/2018 OF CAPITAL ONE BANK (USA) NA FILED Not Applicable N/A 06/06/2018 COLOR OF FILE: PINK Not Applicable 06/06/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 12/05/18, 06/06/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 6/04/19, 06/06/2018 COMPLAINT FILED; SUMMONS IS ISSUED Not Applicable 06/06/2018 CASE HAS BEEN ASSIGNED TO Party Number Party Type Party Name Attorney Party Status 1 PLAINTIFF CAPITAL ONE BANK (USA), N.A. CHEN, SHIH-LAN First Paper Fee Paid Viewed Date Action Text Disposition Image 06/07/2019 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT 12/10/2018 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT 06/11/2018 CASE ENTRY COMPLETED Not Applicable 06/11/2018 ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 06/11/2018 OF CAPITAL ONE BANK (USA), N.A. FILED Not Applicable N/A 06/11/2018 COLOR OF FILE: GREY Not Applicable 06/11/2018 CASE HAS BEEN ASSIGNED TO 06/11/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 12/10/18, 06/11/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 6/07/19, 06/11/2018 COMPLAINT FILED; SUMMONS IS ISSUED 1. Who is the named plaintiff in the suit? CAPITAL ONE BANK (USA) NA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT, MICHAEL S. 3. How much are you being sued for? Around $2500 and $6500 4. Who is the original creditor? (if not the Plaintiff) CAPITAL ONE BANK 5. How do you know you are being sued? (You were served, right?) Have not been served yet. Looked it up on the county website 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No 9. What state and county do you live in? California, Contra Costa County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Got this info from credit karma Dec 24, 2016 on both cards 11. When did you open the account? (looking to see which agreement/contract may be applied) Feb 20, 2015 & May 23, 2015 13. What is the SOL on the debt? To find out: 4 Years in CA 14. What is the status of your case? Just says active, waiting to get served. 15. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 16. Did you request debt validation before the suit was filed? No 17. How long do you have to respond to the suit? N/A

Hello everyone, This is my second time around. And I need your help. You see, I'm being sued for two credit card debts. One for Citi and another for Tj Maxx. I called the law firm that is taking on both cases. But as I'm reading the reviews they will go after me even if I negotiated with them. They'll still have the courts continue with a judgment. So I'm here begging to please help me write a response. Any advice would be well appreciated. I also have the copies of the contract the law firm sent. Should I attach it to my response as prove? If you have any questions please let me know. I plan on stating the details on the contract both of us discussed and the date and time, phone # I called and who I spoke to. I also certified the letters in which the contracts were sent back to the firm. Thank you in advance.

Hi all, I've relied on this site for the last 2 years when I first found numerous errors. I thank you for the solid advice I have found here, which has empowered me to clean up everything but this last item. This chargeoff is a little unique so I am not sure how other chargeoff posts relate to it. It is probably a valid account though I question the amount. It will fall off my report in July 2018, but I would want to pay what I owe legitimately, as a matter of personal integrity unless it exposes me to new illegitimate credit issues. Background: In 2008 I bought a MINI Cooper and with it came a visa card with a $1000 limit. I used this card responsibly with no late payments until it was stolen and replaced in February 2011. I managed the account using the paperless online portal. In February 2011 I also paid off my MINI a month early with a perfect payment record. In April 2011 I was diagnosed with a rare breast cancer and left my job. In June 2011 I moved to a nearby city to be closer to my doctors and treatment. This next part I don't recall but have reason to believe may be vaild: My credit file shows I have a 30 day late payment on the replacement card in May 2011 and a last payment July 3, 2011. Then in October 2011 it shows 30 days late and closed, with a chargeoff in February 2012 for a balance of $1196. The comment on my TU report says "Maximum delinquency of 120 days in 01/2012 for $337 and in 02/2012" In July 2012 I was cancer-free and working again. In January 2016 I pulled my credit report and found records for the card stolen in 2/11 showing a perfect payment record and "current closed when stolen" status as well as the entry for the replacement card. At the time I believed it was a mistake and disputed it with the credit reporting bureaus because I thought I had permanently closed the card when it was stolen the same month i paid off the car. However, I just found a payment receipt I printed in July 2011, with a handwritten note that suggests i was locked out of the portal that same month with an 800#, name and "$0 bal". This leads me to believe it is a valid acct and credit item that I lost track of during the move and health scare. I think the $337 sounds a little high for what I normally charged, but more possible than $1,196. I know there was a high balance over my limit when I purchased items for work, and my boss paid my bill with an account his wife was closing at the same time in early January, but it was fully resolved in the same month and no payments were actually missed. That high balance should be $1235, not $2579 though. Since I initially thought this was invalid and would be easily handled by CRB investigation, I addressed other collections first, which were all bogus and have since been removed. This chargeoff is with the original creditor, never having been sold, since the bureaus validated it with them. Is it possible for me to get the statements from them now before I try to settle or pay? If I pay will I re-age the account? If the amount was only $337, could the additional $860 on the chargeoff be fees or interest? That seems strangely high. I also know I would have paid the bill if I had known about it and I never got any letter about chargeoff or late payment - I definitely would have responded to it for fear it could affect my employment chances and ability to get doctors to work with me given the rarity and lack of protocol for the kind of cancer I was battling. Any advice is welcome. I added both screencaps for the account including the one closed in February 2011 and the one that replaced that card.

Nose Job/Rhinoplasty: The Best Way I am in desperate need of a nose job and have been needing one for years. I'm just now focusing on getting my credit score/report in line because I realize that's basically the only way to do it. My nose has caused me a lot of anxiety/depression problems in the past and I'm finally trying my best to do something about it. I'm currently paying off all my debt and then plan on building my credit score with a some credit cards (like two maybe) until my score is high enough to get approved for CareCredit (which is a medical credit card that covers cosmetic surgery, Rhinoplasty). I am just wondering what kind of tips & tricks anyone could possibly offer me to get this done the fastest way possible! I currently have some probation fees to pay off (like $480 or so) and a collection from Westar Energy on my credit report that I need to pay in full (about the same, $480 something) before I really focus on getting a credit card(s) and paying them off to build my credit enough to apply for CareCredit, for then to finally get the nose job surgery done. So that's my full situation right now. Any advise is welcome!

My father recently received a Citation for the Debt Claim Case in Texas. I was wondering, if someone can help with the response for it. Please let me know, what information you need I can provide. I appreciate your help and response Thanks 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.) Raush, Strum, Israel, Enderson & Hornik LLC 3. How much are you being sued for? $7000/- 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 by Sheriff's Dept to my son 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Not sure 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None (I may have called before becoming delinquent, to request payment assistance or arrangement. No correspondence once account became delinquent. 9. What state and county do you live in? Texas, Harris County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2016 11. What is the SOL on the debt? To find out: 4 years in TX 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 filed in Justice court for Harris County, case number provided on summons 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? 14 days (currently at day 9th day) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Following is excerpt from the petition PLAINTIFF'S ORIGINAL PETITION A. Parties 1. The address for Plaintiff, Discover Bank c/o Discover Products Inc., is 6500 New Albany Road, New Albany, OH 43054. 2. Defendant, XXX maybe served with process at XXX, or at such other place as the Defendant may be found. B. Jurisdiction 3. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any kind, penalties, costs, and expenses. 4, Plaintiff asserts that the above-named court has jurisdiction over the subject matter of this case and the person(s) of Defendant(s) and that the damages sought are within the jurisdictional limits of the court. C. Venue 5. Venue of this action is proper in the county named above because Defendant(s) is/are individual(s) believed to be residing in said county at the time of commencement of suit. D. Facts 6. On or about October XXX, 2000, Defendant(s) opened a credit account with Discover Bank in the Defendant's(s') name under its account number ending in XXX. Defendant(s) used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiffs records indicate Defendant's(s') last payment on the account occurred on July XXX, 2016. Defendant(s) defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about February XX, 2017. The balance remaining on the credit account is presently due and payable in full, 7'. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant(s) on the Account is $XXX. 8. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to pay the amount requested. 9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. Account Stated 10. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Plaintiff and Defendant(s) gave rise to the indebtedness, (2) there existed an agreement between the Plaintiff and Defendant(s) which established the amount due to Plaintiff, and (3) the Defendant(s) promised to pay the Plaintiff on the indebtedness. F. Damages 11. Plaintiff seeks damages on its liquidated claim in the amount of at least $XXX, which is within the jurisdictional limits of this coutt. G. Conditions Precedent 12. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. H. Miscellany 13. The undersigned attorneys hereby give notice that they and Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiffs’ attorneys are debt collectors. I. Prayer 14. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following: a. Actual damages in the amount of $XXX. b. Court costs. C. All other relief to which Plaintiff is entitled.

Yesterday, I've a voice message requiring my an attention to "very serious matter". Oh, here we go again. I decided to go ahead and called them back. Attorney: Nelson, Cruz and Associates (Dallas, TX) Client: Hovot Management LLC (Collection Agency) Creditor: MERVYN'S [Charge Card] File No: 2016-xxxx Current Balance: $875.58 I live in Arizona. According my old credit reports (TU, Experian and Equifax), I made the last payment in December 2008. I am not sure if I have on paper these old 2008 "OK", past-due Mervyn's statements and subsequent collection letters. This Collection Account was removed from all my Credit Reports at the End of 2015. They claimed, that the last payment was made in 2012, after they changed it to 2011. Looks like, I have a deal with an attempt to re-age an old debt that was long out of SOL. Nelson & Cruz offered me a settlement 50% with a formal settlement letter. I've sent them back Cease and Desist letter stating that under ARS 12-548 (Arizona 6 years SOL for Credit cards) expired after 2014 and FCRA 7 years for Debt Reporting expired after 2015. Exchange was thru email, which I provided them to accelerate communications. At this point, I am posting this as FYI about various tricky collection techniques to refresh old debts trapping consumers into debt's acknowledgment and making small payments which would reset SOL. P.S. Neither Hovot Management LLC nor Nelson Cruz registered as Collectors with AZ Dept of Financial Institutions. Also, Google does not show any "Hovot Management LLC" at all.

I received a summons from a Credit Union I use to bank with, in Texas. The Petition states the Credit Union as the Plaintiff, as it has not been sold to a debt collector. I am being sued for an amount between $5,000 and $10,000 due to credit card debt. The petition states the Plaintiff intends to conduct discovery. The Petition provided a generalized credit card agreement between "defendants" and "plaintiff", however there are no account numbers, no signatures of omission from defendants. or any documents provided. Does this mean they may or may not have access to more definitive information, proving their case? I have already typed up the answer to the Plaintiff's original petition, addressing each paragraph. Any and all advice is greatly appreciated. I have a little over a week before I have to respond to the Plaintiff's petition.

I happened to be at my parents house yesterday (friday june 9) and opened up what seemed like a innocent white envelope addressed to me. Turns out it is a Citation to Discover Assets to a Third Party. The third party is US Bank, where I have my personal checking and savings account. Both have either been frozen or cleaned out by Asset Acceptance, I have recently discovered. The court date is this Tuesday (June 13) I cannot make this court date, but need information hopefully by Monday so I can figure out what to do. This is really difficult with it being a weekend! The debt is over 10 years old, I have no property or hidden money for them discover, and what little I do have is in a joint account with my wife, with a different bank. We have a child and make equal to or less than $45,000 a year and have plenty of other bills. I am considering bankruptcy. Also, the Citation says if I don't show to court I could go to jail!? Any advice is welcomed. Thanks

Can anyone guide me with answering this summons and copy of complaint. I got a credit card with my son as a co signer for him to use to purchases a medical device. He hasn't been able to pay it and i'm getting sued. I have 20 days to answer.

I have four credit card accounts that are maxed out. 3 are $12k each, 1 is $30k. I have gotten some money and so can make payment and reduce the balances. I do not have enough to get all accounts below 30% (Debt to Line), But can make some accounts under 30% and the rest below 50%. Which scenario improves my credit score the most? Make the three smaller accounts below 30 %, and the larger account below 50%. or Make the larger account below 30%, and the smaller accounts below 50% Please advise?

I have a question about Missouri's somewhat confusing statutes of limitations on the collection of credit card debt. RSMo 516.110 states: Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property; While RSMo 516.120 states: Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited; My question: which SOL applies to credit card debt? I requested proof of debt and received a copy of my original credit card application (no copy of a written contract from what I can see), but it appears my last payment was more than five years ago. Do the courts generally apply 516.110 or 516.120 to credit card debt in Missouri, and which would apply in my case if there is no written contract produced? Just wondering if litigation filed against me this week may be time barred or not. I'm planning to answer and include discovery requests with the answer requesting copies of all agreements, contracts, etc., and also a record of all payments, including the last payment made to the account. Thanks for your time. It seems confusing to me.

In 2008, I was in the market for some furniture and wanted to build up my credit. I decided to go to Rooms-to-Go. After picking out a set I liked, I sat down with the salesman to negotiate the terms of the loan. I explained that my current budget wouldn't allow me to go over $80.00 per month and he said he understood. I signed my name and the furniture was promptly delivered to my home. A few weeks later, I received my first bill. It was about three times as much as I could reasonably afford. I immediately called Rooms-to-Go and requested to speak to a manager. I explained the situation, what the salesman and I had spoke about and figured there must have been a mistake. The manager was less-than-helpful. I then decided to reach out to the company that my loan was actually through; TD Financial. I explained to them I was unable to make this payment and asked the payment to be reduced. They told me the terms were set and could not be renegotiated for six months of on time payments. My pleas fell on deaf ears, they didn't care about my financial situation or my credit score. I paid the first payment, to avoid being charged with credit fraud and didn't give another dime. Rooms-to-Go and TD Financial screwed me. They lied to my face, ignored my objections and refused to help me. The furniture itself began deteriorating nearly as soon as I got to use it. The seams split, the springs poked out and the recliners gave up on working without a hard jolt. Eventually, I ended up having to wire the recliner in the closed position, as it started popping open intermittently. So, for 6 years and 6 months I've dealt with this stain on my credit. As you may know, at 7 years it drops off. I've steadily built my credit up with cards and a better financial situation but this blemish was about to drop off. Then I got a letter in the mail. A very conveniently timed letter from Velocity Investments, LLC, saying that I was being sued for the debt. I was livid. How dare they try to come BACK to screw me, when I have just a few weeks before this whole issue would be forever behind me. I read articles and watched videos and researched as much as I could. It turns out that buying debt is a multi-faceted (and very scammy) business. Companies that write off loans sell the debt for pennies to collection agencies. The collection agencies will attempt to collect for a time and, when it goes uncollected, it will be resold. Over and over, changing hands until it reaches one of the bottom-of-the-barrel collectors. Velocity Investments, LLC is one of these bottom feeders. i love clark howard. www.clarkhoward.comTheir entire business model is as follows:Buy old debts that are nearing their 7-year drop off.File lawsuits against every name on their spreadsheet.Try your damndest to get a default judgment against people. How do they accomplish getting a default judgment? Easy. The first summons is basically formalities. Nothing will be done, unless either party doesn't show. I went to my first summons and Velocity Investments, LLC was not there. The Judge asked me if I wanted to throw out the lawsuit, I said yes and that was that. Why didn't Velocity Investments, LLC have representation then? Because, they aren't interested in litigation or fighting for the money. They let everyone who's going to show up to the meeting, throw it out of court. Anyone who missed their first summons will likely miss the second and Velocity Investments will get a default judgment against all these individuals, garnishing wages and securing money from almost-seven-years-old debt. Below I've added a few links that back up my claims and tells others' stories. http://www.creditinfocenter.com/community/topic/324059-i-won-against-velocity-investments-llc/#comment-1299215http://www.clark.com/know-your-rights-when-dealing-debt-collectors

A secured credit card's minimum deposit is usually two or three hundred dollars. Is it better for your score if you buy yourself a limit of say $800.00 rather than getting the minimum of two or three hundred? Is having and responsibly using multiple secured cards better for your score?

Happy Thanksgiving to All! I am being pursued for a lawsuit against Mandarich Law on behalf of Cach, LLC. The suit is for just over $1,000.00 dollars. The debt stems from years ago. I belive i do fall within the statute of limitations as it looks like in Feb. 2016, is the 6 year mark (i believe the SOL is 6 years here in Oregon) I'm looking for all of your input from experiences as i need as much guidence and help as possible. I've reached out to @Mrj9182 and have been met with great kindness and offerings of heroism to which I'm so thankful for! ANY of you folks who are willing to chime in, I can't thank you enough! My Answer to their complaint is due in on this coming Monday, btw. -OregonAce

I have used the maximum amount of credit card limits if that makes sense. I have not maxed out each credit card but I have the maximum amount of credit limit allowed when you add them up apparently. My question is: I just payed off a credit card that had an $8000 limit. Will this help open up some credit that I can use. For instance I am now getting denied for credit card applications since I am "at my max" but will paying off the $8000 limit credit card help me? Any insight is greatly appreciated. Thanks.

I recently got served with papers from American Express, telling me I am being sued for a little over $5000. I am in the middle of selling my house and I cannot afford to pay this upfront. However, I can afford to pay it on February 4th, 2016. Should I tell them that or tell them that it may be sooner if my house sells earlier? Will that keep us out of court? Help, please! I am so confused. Information You need to answer this.docx

Hey all. I'm in a bit of a predicament. Let me start from the beginning: My daughter was born last February with an extremely rare skin condition. My mother agreed to help out by taking over my card payments. She didn't and waited until they threatened legal action to tell me. I called them and got the legal action dropped. Lesson learned, but now what? My credit rating is in shambles and I'm going to have to pay a ridiculous monthly payment to get back on track. My balance is almost $3,000 at this point and with a little one with a rare medical condition, I can't afford those kind of payments. So my question is: what's my best course of action that won't cost me an arm and a leg? Personal loan? Balance transfer to another card? I'm sure it'd be difficult to get either at this point, let alone anything that's not going to kill me with interest and fees. I can afford the typical monthly payments, but what they want me to pay now is going to be very, very difficult. I'd love to just nix the card I'm on at this point and start over, honestly. Thanks for your help.

Hi Everyone, Last year my father had a botched surgery which resulted in stroke as well as short term memory loss. Since this occurred my sister and I have tried our best to make sense of his accounts and found out he had more debt than could be handle with the medical situation. One of those accounts being Municipal Credit Union which my parents had a checking account and visa card. I believe also a LOC, but not sure. Once I actually got hold of the account(s) the credit card was apparently behind by two months with the minimum payment of over $800-900. The union actually had the nerve to put a freeze on the checking account (which my dad received his social security & pension payments) until the payment was made. Basically no withdrawals from the atm or bank counter were allowed not even for groceries. After the second time it happened in which I had explained my dad's situation to reps and asked them to negotiate for a lower payment ($300), they refused. We couldn't pay more than that because my dad is on a fixed income and medical care was first priority. Since they refused to work with us and continued a withdrawal freeze, we left the Credit union and eventually stop paying on the visa account as well. As of yesterday evening there were papers left at the door stating MCU is suing my dad for over $15K not including interest and lawyers fees. Their attorneys are Stern & Stern. The summons was dated May 22 but the served June 10th. This brings me to my first question: 1) Do we have time from the date stamped on the summons or the time it was allegedly delivered to answer? 2) In the summons, it claims in the list of cause of 1st actions that: The department of Consumer affairs doesn't require the plaintiff (Municipal Credit Union) to be licensed. Is this true for credit unions? Even when issuing credit cards? The summons also fails to identify the card or account number. Is this legal? 3) Can his pension and Social security be garnished if they win? 4) I was listed as limited power of attorney on this bank account, can they come after me for the debt? 5) We have been considering filing for bankruptcy for him because of this debt, mounting medical bills and three other accounts. Is it still possible to proceed and have this part of the bankruptcy? Also, I don't know if its worth mentioned that this credit card account hadn't been used in years. I APPRECIATE ANY HELP ON THIS!!

Please help me reword my discovery answers and find better ones. In particular, can the plaintiff force me to sign an agreement for them to look at specific bank statements? 1. Who is the named plaintiff in the suit? Portfolio Recovery Assets 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sean Hadican, #56131 Arturo A. Hernandez III, #59684 Clinton P. Woerth, #53825 Shelley R. Porter, #59294 Counsel for Plaintiff Arturo A Hernandez III, #59684 showed up to first date. A different lawyer showed up to one court date. He said he was paid to attend by the law firm. 3. How much are you being sued for? roughly 1600 4. Who is the original creditor? (if not the Plaintiff) BANK OF AMERICA / FIA Card Services 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I believe so as the Sheriff served it 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? Cannot remember 9. What state and county do you live in? Cole County, Missouri 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I do not know. 11. What is the SOL on the debt? To find out: 5 years in MO 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). Have recieved Plaintiff's first discovery. Had two court dates. Third scheduled. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, should I? 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 Responded on time to complaint with answer. Received discovery, have roughly 20 days to respond to that. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Complaint included: Complaint on the basis of account stated Affidavit Bill of sale without attached spreadsheet, no mention of name A credit card statement addressed to me, but does not include charges only a balance. Servicemembers relief act status report (not in armed forces) DISCOVERY (redacted, names account numbers and case numbers by deletion which may result in some incomplete sentences or answers) REDACTED DISCOVERY ANSWERS AS I UPDATED THEM ALMOST ENTIRELY