Search the Community

Showing results for tags 'Debt Collection'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

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

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 53 results

  1. Hi Everybody, I am being sued by Cavalry SPV I, LLC for a Citibank credit card account I defaulted on while I was having a very rough few years (depression, divorce, joblessness, underemployment, homelessness, loss of family member, etc.). Things have turned around since - credit score recovering and thankfully, never had to file bankruptcy. I believe in paying back my debts but Citibank got too greedy and lost me. Had their terms not have kept changing, they'd probably still be reaping the minimum payments off me (that is, of course their whole purpose as an institution?). I had gotten the card while in college to use for emergencies and to build credit. I used the card for about 9 years, usually paying it off entirely but occasionally racking up a big debt following a vacation, for instance, or when I had to buy a new computer, buy a suit for a wedding, etc. I should have known better than to just make the minimum payments on it as the debt never got any smaller. They got greedy and hiked the interest rate from its initial 11.99% or 14.99% to 29.99% suddenly, which was a shock as I had never been late on a payment and was always utilizing below 50% of my limit. I called to see if they could lower it but their response was "that's just how it is - but we can reduce it to 27.99% for a month since you're a valued customer etc". This happened about 3 times. My wife and I separated and I moved back to California where I changed careers and started working freelance resulting in unreliable income and sleeping on couches. My income became too scant to make those minimum payments. After 9-ish years of always paying on time, I defaulted one month. I called Citibank and asked if I could postpone the $250 min payment for a month due to financial difficulty and they simply said no. An overdue paycheck finally landed and I was ready to make that minimum payment but when I logged in to do so, the minimum payment had now jumped to $600 (late fee and previous minimum payment). I defaulted another month and again when I got paid and was keen to make a payment the new minimum had jumped again to a figure that was even further out-of-reach. I called Citibank to see about options I had - whether I needed to close the account or create a repayment plan but they wanted a huge chunk right upfront to even initiated something, plus a commitment to pay another large chunk the next month. I was effectively buried. And meanwhile they kept adding late fees and accruing interest. The amount owed ballooned to a figure nearly double what I had ever spent on the card in the first place. Had I been smarter, maybe I would have tried to get a loan with lower interest to pay off the account or something but the priority of this Citibank thing began to be lower as I started facing some other real problems. It's all been a very valuable lesson on interest rates and credit cards and it's unfortunate I wasn't able to keep paying it before they sent it to collections. Cue the sad violins. I've been reading tons of posts and am hoping to beat this. Here's my answers to the standard questions - I hope to get all my questions answered as well as keep you all posted on how I do... 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC, as Assignee of Citibank, N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group, LLP. 3. How much are you being sued for? ~$8,500. 4. Who is the original creditor? (if not the Plaintiff) Citibank. 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? Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? Los Angeles, CA. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 3 years, 4 months ago. 11. When did you open the account (looking to establish what card agreement may be applicable)? 2006. 12. What is the SOL on the debt? To find out: 4 years. 13. What is the status of your case? Suit served? Motions filed? "Pending" 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. 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? 30 days to respond. Did not receive an interrogatory. Here's what they are claiming: Cavalry is the owner of the debt I owed to Citibank and I have to pay them. 1. The damages and money in the sum of [$8,500]; 2. Cost of suit incurred; 3. Other such relief as the Court deems just and proper; 4. Plaintiff remits all damages in excess of the jurisdictional amount of this Court. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just statements. Just statements from the OC. Exhibit A: Account Stated (a statement from when I first defaulted); Exhibit B: Open Book Account (a statement from a few months later) That's it. 18. How did you find out about this site? Googled "Sued by Cavalry SPV" After reading a lot of threads, I'm planning on doing a General Denial and asking for BOP. Just wondering, anybody else that is dealing with this (or has before) what did you put on your General Denial form?
  2. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Girvin & Ferlazzo, P.C. 3. How much are you being sued for? $4,683.48 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Served impersonally 11/24/18 6. How were you served? (Mail, In person, Notice on door) Notice on door 11/24/18 7. Was the service legal as required by your state? Notice was left on the door. It’s unclear if this is legal in NY 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 received letters from Calvary several times but never responded with any correspondence, nor did I call to speak with anyone for fear that it was a scam of some sort. I do not have any of the letters I received from the agency. 9. What state and county do you live in? New York. Nassau 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 2013 to Citibank 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2012 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 6 years (New York) 6 years (S Dakota...where Citibank is incorporated) 13. 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). Pre-RJI. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? Response required by 12/22 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No Evidence was sent with the summons ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I have been served impersonally 11/24/2018. What should my first step be? I've contacted the Nassau County BAR for a lawyer referral however the lawyers they referred do not handle the type of case that I am experiencing regularly. They mainly cater to Bankruptcy, which is not an option I am open to at the moment. I am being sued in Nassau County Supreme Court. I have never requested arbitration, nor have I had any contact with Calvary SPV outside of letters sent to me stating they were attempting to collect a debt. I discarded the letters as they came because I considered it scam/junk mail. I received the summons on my door. There is no proof attached to the summons, only motions against me. Please let me know your thoughts on steps I should take moving forward- the best way to address this matter. Thank you!
  3. Not sure where to post this. I received a letter from Rubin and Rothman New York ( I live in New York City/Queens) about a old Bank of American credit card debt. It reads that the "creditor has a claim against you in the above amount" (10,600). Bank of AMerican is stated as Current creditor and as an Original creditor. The letter says that "unless you dispute the validity of the debt, or portion thereof, within thirty days, we will assume the debt to be valid. If you notify us in writing withing 30 days ...we will obtain verification of a debt and or a copy of a judgment against you and mail it..." What do I do and how to I respond? I have no big assets or property and all my bank money are exempt (judgement proof). I make $250-300 a week after taxes from wages and I have about 2,000 in the bank. No property except a 25 year old car (market value $2,000) and $4,000 life insurance . What should I write back. Bank of america told me that the account is no longer with them and is withe the above mention law firm. TRAKAMERICA was mentioned too. Perhaps the lawfirm works for TRAKAMERIKA. Last time a made a payment to the bank of america was less than three years ago. Bottom line is I have no money to pay (unless they accept less than 10% of the original).
  4. OK. So I am the defendant in a debt collection lawsuit. I sent my verified interrogatories, affirmations and demand for documents along with proof of service. The empty envelope was returned to the "proof of service" person with a stamp claiming the envelope arrived empty. The empty envelope was obviously opened, because they taped it closed. I am 100% positive the envelope contained all docs and I was with my "proof of service" person when she mailed them at the post office. What do I do about this? I am dealing with Portfolio Recovery Associates LLC. Thanks for all help! Calico
  5. Hello, I was served papers by Capital One Bank a few months back. I filled out a form for the plaintiff to prove their allegations against me and turned it into the court here in my town, as well as sent a certified copy to Capital One Bank. I now received a Notice of Bench Trial paper in the mail from the Civil Clerk of the Court. Can anyone tell me what to expect? I know that if I do not show up I could get a default judgement against me. This is all new to me & I'm trying to self-navigate. Is it likely for a representative of Capital One Bank or their lawyer show up? Is it also possible to work out a payment plan granted they win and I get that default judgement? Thanks in advance for any direction!
  6. Hi All, I just stumbled on a site, blowsparks, that claims to help people defend these collections cases on their own. It looks like they took a lot of advice from this page and the Sacramento Law Library and turned it into cartoons for people to watch. Does anyone have any experience with them? Thoughts? -Chuck
  7. Hello All, I'm an attorney in California and am looking for a little insight from you all. I am helping my uncle deal with a collections lawsuit and have a very specific question. We have filed an answer and served a bill of particulars on the plaintiff. Is it wise to send a follow-up letter asking inquiring about a settlement? If so, when? Anything that must be included/excluded from the letter? All advice is greatly appreciated. @calawyer @sadinca Regards, Sevanski
  8. I am being sued by Midland Funding Group in Orange County, CA. I need to file a response within 30 days. I've read posts that has been very helpful, but I'm a little confused as to how to go about filing a response. The complaint was unverified and I want to go about using the General Denial form. If I use this, do I still have to go through the complaint paragraph by paragraph admitting or denying each allegation? Or is the General Denial form good enough? Once I file, how do I send this off? or if I can't send it off, who do I have send this off for me? Can it be my wife (having the same address)? Am I just sending it to the courts and they send it to the plantiff? How exactly does this work? 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.) Winn Law Group, A Professional Corporation 3. How much are you being sued for? $2,471.48 4. Who is the original creditor? Citibank, N.A., an issuer of Sears Premier Card 5. How do you know you are being sued? Received summons and complaint 6. How were you served? (Mail, in person, Notice on door) Handed to my wife 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received letters, but did not respond 9. What state and county do you live in? California, Orange County 10. When is the last time you paid on this account? October 8, 2014 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? 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? NO 15. How long do you have to respond to the suit? 30 days, but since it was given to my wife instead of me 40 days 16. What evidence did they send with the summons? EXHIBIT A - Account Statement for the month of November 2014 Any kind of response would greatly be appreciated as I have never been through this process before...I just want this to go away
  9. Hi guys, I hope somebody can answer my question. Few days ago I received a letter from a Non-profit 501©3 company claiming that a lawsuit was filed against me; they listed he case number. Indeed, after I checked the case number, a lawsuit by the Winn Law Group against me has been filed with the LA Superior court. Total amount ~ $7,100 So first question: how do they know that? Anyhow, when I checked the online "Case Summary" I found this: Case Summary Case Number: XXYYNN CAVALRY SPV I LLC VS. XXXXXXX ZZZZZZZ Court: Chatsworth CourthouseFiling Date: 08/12/2015 Case Type: COLLECTIONS CASE (Limited Jurisdiction) Status: PENDING Future Hearings 07/27/2018 at 08:30 AM in department F43 at 9425 Penfield Ave., Chatsworth, CA 91311 OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT History Parties Plaintiff: CAVALRY SPV I LLC AS ASSIGNEE OF CITIBANK N A Attorney: WINN LAW GROUP, APC - JOHN E. GORDON Defendant: XXXXXXXX ZZZZZZZ Attorney: None Party Information Histories (Dates listed in descending order) 08/18/2015 OSC HEARING IS SET FOR 07/27/18 AT 08:30A M., IN DEPARTMENT F43 . ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY BENNY C. OSORIO, JUDGE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE AND FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740. CERTIFICATE OF MAILING FILED. 08/18/2015 CASE FILE FORWARDED TO RECORDS RE: FILING 08/12/2015 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN CHA505953021. 08/12/2015 SUMMONS ISSUED. 08/12/2015 SUMMONS FILED. However, what is a little bit strange to me is that I have not received yet any summons. Is this normal? Also, in the original note from the non-profit, they states that "you may have as little as 30 days from the filing date to respond, even if you think you have not been served properly". From my understanding, I have 30 days from the date I am served, not from the date of filing, isn't that right? Also, what does it mean "CERTIFICATE OF MAILING FILED"? If I have not received any summons, how am I supposed to know what's in the lawsuit??? In addition, could anybody help to translate this" SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE AND FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740." Thank everybody, I don't hide how concerned I am right now.
  10. Hello all, I have a dire situation that I have created through my gambling addiction. I have gotten help with my addiction and am clean for 85 days now. I have stopped most of my payments since November of 2016 and have therefore been able to negotiate these terms in the past 2 weeks, please review and any feedback on the negotiated rates or amounts is appreciated. Here is a summary of my debt: Creditor Name Current Balance Monthly Payment Notes Disover Card $2,333.33 $42.00 - Negotiated a 5 year payment plan @ .99% at $42.00 per month (was $65.00 a Month @ 23.24%) Chase Card 0872 $2,640.41 $53.00 - Negotiated a 5 year payment plan @ 6.00% at $53.00 per month (was $56.00 a month @ 15.24%) Chase Card 6214 $3,006.80 $60.00 - Negotiated a 5 year payment plan @ 6.00% at $60.00 per month (was $69.00 a month @ 18.24%) Care Credit $3,500.00 $90.00 - 0% interest for 18 months Paypal Credit $3,500.00 $100.00 - 0% interest for 12 months CitiCard 0534 $7,214.54 $123.00 - Negotiated a 5 year payment plan @ 0.00% at $123.00 per month (was $176.00 a month @ 28.99%) CitiCard 1857 $8,305.54 $141.00 - Negotiated a 5 year payment plan @ 0.00% at $141.00 per month (was $192.00 a month @ 28.24%) Bremer Bank $8,110.83 $155.00 - Negotiated a 5 year payment plan @ 4.90% at $155.00 per month (was $190.00 a month @ 24.24%) OneMain Financial $8,984.48 $157.51 - Negotiated a 6 months payment plan @ 14.28% at $157.51 (was $314.89 a month @ 21.94%) Wells Fargo $13,042.56 $339.28 - No Option to negotiate - Car Blue Book Value is $9,670.00 Lending Club $16,779.00 $804.53 - I have a settlement off of $12,812.53 (I have declined this offer - account is 80 days past due) Prosper $17,050.84 $641.25 - I have accepted a settlement off of $641.25 per month for 12 months ($7,695.00) or approx 45% settlement. Bank of America $25,552.67 $539.14 - No Option to negotiate - Truck Blue Book Value is $18,560.00 SoFi $33,810.86 $604.56 - No Option to negotiate - Terms are 10.88% for 72 months Freedom Mortgage $189,114.01 $1,414.92 - No Option to negotiate - House appraised at approx. $210k Total: $342,945.87 $6,636.81
  11. Hello, I was served a Complaint by Patenaude & Felix (in January) suing me for an account on a credit card debt with Capital One and I have already answered with a general denial. I was already skeptical about Patenaude & Felix's validity, but now my hunch has gotten even greater. I just got a letter in the mail from Capital One stating , "Thank you for contacting us.. (which I have not contacted them) ...and "Your credit card account was acquired by Portfolio Recovery Associates, LLC ." "Portfolio Recovery Associates, LLC now owns your account and may contact you either directly or through an affiliate or third party." Now I'm not sure what to do?? Can Patenaude & Felix sue me on an account owned by Portfolio Recovery Associates, LLC? Who contacted Capital One in the first place and should I contact Capital One?? I intend on fighting this in court thanks to the help of many of you on this board. Any help on this would be greatly appreciated! I have a court date set for next year (February 2017).
  12. A company called Credence Resource Management is calling me several times per day regarding debt they say I owe. Each time they call, I ask them for specifics about the debt and they will not give me those specifics. They even started calling my ex-wife and asking her to pay. I do not know how to stop them. It seems like this is happening to others on this site: http://badfinance.org/profile/1790/credence-resource-management-llc
  13. I received a summons to appear in small claims court from capital one regarding credit card debt for a card I had years ago. I remember this acct only had a limit of $550 because we got it after my wife and I had to file bankruptcy due to the medical cost for our son who has cerebral palsy. Later we cut this card up because the interest rate was so high. I am now being sued for $3000 and the only information attached to the summons is a statement dated 2015. What should I request during the first court appearance? I'm totally lost with this and have never been sued before and have no idea what all is involved with this. I can't not afford an attorney due to the cost of care our son receives. Any and all advice would be greatly appreciated. Thank you for your time
  14. 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
  15. I just uncovered a letter sent from an old debt collector that is nearly a year old, back in 2015 around September. This is just after I paid a massive medical debt that completely wiped me out with another company, and I had to take out a personal loan to do it. One of the debts listed on this year old notice is a debt from 2011, and is nearing the statue of limitations in about 6-7 months. Do I want to pay back the debt? Yes, I want to pay them and not get sued. However, based on the age of the debt, I'm worried that as soon as I contact them, they'll automatically resort to suing me because of the age of the debt, without giving me a chance to setup payment options to begin paying them back. There are a total of three different items on the debt, the largest one is the one nearing statue of limitations in 5 months. The other two have another 1-2 years on them. So what do I do? I feel like I'm screwed either way. Do I contact them and risk being sued, or do I remain quiet and risk being sued? I don't have the cash to pay them now, I have to wait until I get a school loan disbursement (in roughly two weeks) or my next year taxes to pay it off in full.
  16. I have received several letters from different attorney's stating that Portfolio Recovery Associates has filed in civil court against me. I have not been served yet, but I think the process server tried to do so earlier. I work from home so I do not answer the door when it is someone I do not know especially when I am home alone. They are suing me for a care credit account that was assigned to them for collections in Jan of 2014 for $928. I looked at my credit report and last date of payment to care credit was 5/2013. Can you please tell me how I need to proceed? I live in Harris County, TX (Houston). Do I need to send them a debt validation letter?
  17. Hi, I'm desperately in need of some help. I received a civil complaint from Portfolio Recovery Associates saying that they are suing me for a debt i owe from a credit card. First of all, I don't remember receiving anything from them regarding my account or them saying that they are even valid and that I should pay them. From looking online, I see that they aren't exactly the most professional business, so I was wondering if I might be able to get some advice on what I should do and how to deal with them. I am definitely going to dispute the debt and ask for them to show me the evidence through my answer to the court. Currently, I'm looking for a lawyer to get some more advice as I'm not too knowledgeable about how all of this works, but even if I can't get one to represent me, I'm going to fight it. For their exhibit (evidence), all they sent me was a statement from my credit card (the statement is from citibank, not even them) from August 2014, and a bill of sale/assignment from citibank dated march of 2015. I can't say for sure if I saw the first statement, but I've definitely never seen the Bill of sale and assignment. Thank you in advance for your insight.
  18. I was served this (Sheriff left the packet by the door and then mailed me one page Summons). The plaintiff is a debt buyer and the attorney is just the owner of one of the owners of the JDB. I would really appreciate it if I can get help regarding answering this Lawsuit. I need to answer it first and then later address the affirmative defenses and possible counterclaims. I don't have anything on account. Not sure even if there are the same last digits of the account that they mentioned so I am not sure of the SOL. Please find below what I received and help me draft an answer. I did have a CITIBANK card a long time ago but it had a limit not even half of the JDB is alleging. This is in Massachusetts and no form required. I have to answer within 20 day. However, I only have about 10 days left for this and would like to be done with it ASAP as I have not have any sleep since I got it last week. xxxxxxxxx is a debt buyer and does not have to be licensed in Massachusetts since a Lawyer is representing them. The Lawyer office is the collection company and in fact he is a member of the company (may be sole owner)/. xxxxxxxxxxx is registered in Massachusetts. Thank you very much for your time and help Complaint: xxxxxxxxxxxxxxx, LLC as Assignee of CITIBANK, complaining of the defendant,XXXX Alleges as follows: 1. Plaintiff is a New Hampshire Limited Liability Corporation having a usual place of business at xxxxxxxxxxxxxxx 2. Defendant is an individual xxxxxxxxxxxxxxxxx Middlesex and the commonwealth of Massachusetts Count I: 3. The defendant entered into a credit card agreement ("agreement") account number xxxxxxxxxxx5400 with plaintiff or its assignee/predecessor 4. Under the terms of the agreement,plaintiff agreed to extend credit in consideration of defendant's promise to pay a specified monthly amount. 5. The defendant failed to make payments as they came due, thus defendant was in default of the agreement. 6. Citibank, NA assigned all of its rights, title and interest in the account to plaintiff. As a result of the above, Defendant is now indebted to plaintiff in the total amount of 12K Count II: 7. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs 1 through 6 inclusive of the complaint as if set forth herein in full 8. CITIBANK, NA, Plaintiff's assignee, conferred a measurable and valuable benefit on Defendant by allowing him/her to use credit card to obtain goods,services and other valuable benefits. 9. A reasonable person in Defendant's position would have expected to compensate CITIBANK,NA for using its credit card to obtain valuable goods and services 10. CITIBANK, NA provided the benefits to Defendant with the reasonable expectation of being paid. 11. To date, Defendant has failed to compensate Plaintiff, or CITIBANK, NA, for the benefits received. As a result of the above, Defendant in indebted to Plaintiff in the total amount of 12K
  19. Help! I just received notice yesterday that I have a scheduled court date of August 3, 2015 against Midland Funding LLC. Can anyone help me figure out what legal papers I need to try and fight this? I have a week to prepare - any and all help and or advice would be greatly appreciated. I did contact a lawyer that suggested I file a Chapter 13 to rid myself of them. But I don't have that kind of money. Please help me battle these scumbags!
  20. Hi everyone, I did a search on the forums and was unable to find a scenario like mine. If there is one and I missed it, I apologize in advance for overlooking that. When it comes to my question, it originates from a medical debt collection started in 2011 that, as far as I know, came from me breaking my hand in 2010 and being of legal age. Although I signed all of the medical documents, my parents were going to pay the medical bill as I did not have income to pay for it because I was a full-time student. With that said, my parents accidentally stopped paying the debt (I believe it was being paid for on a charge card and they received new cards), and it eventually ended up on my credit report, resulting in around $1600-$1700 in debt. So, why am I worried about it now that it is almost 2.5 years away from being removed from my credit report? It is because I have a flawless credit history outside of this collection and I honestly want to correct this "mistake" so I can continue on with having my "perfect" credit history. Now that I am graduating college and am possibly looking at moving out soon, I want to be able to have a clean-slate and not run into any issues with my credit history. I am also looking at applying for another credit card or two as my credit score is slightly above 700. Now my question to you friendly folks is this, I have read about settling and seriously pursuing the "pay for delete" route because that is the best case scenario for me, but where do I start?. I have the money to offer a sizable settlement amount, but I do want to try to settle for as low as possible as I know they buy the loan from doctors for pennies on the dollar. As a side note, this debt is still owned by the original CA that filed the delinquency back in 2011. Do I send a letter of validation even though I believe the debt is accurate and all of the notes match up with the original source of debt (the hospital)? If I do and I receive confirmation, do I offer 20% of the debt and work my way up from there? Do I run the risk of having them "reset" the SOL if I try to settle for a pay for delete? I am very serious about getting this removed, and am willing to spend generously if that's what it takes, but I'd rather start low and work my way up from there. This was what I was thinking about saying when I call them, "Hi, “name" I was hoping to be able to speak with someone about being able to settle a collection on my credit report. I inherited debt that I did not know was not being paid, and am hoping to be able to make it right and come to an agreement. As a result of this agreement, I am hoping that we can also agree that this will be a pay for delete settlement and you will contact the credit agencies to have this derogatory mark removed." If you made it through this post, I want to say thank you very much for your time and hope that you can provide me with any advice on how to approach this situation. Having this removed from my credit report would be absolutely amazing for me and my mental "well-being."
  21. 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
  22. This is a must watch behind the scenes video for anyone receiving debt collection calls: http://www.insideedition.com/videos/3437-watch-dirty-secrets-of-debt-collectors
  23. http://www.nationofchange.org/2015/04/10/debt-collectors-or-pick-pockets/ Notably from this article New York Attorney General Eric Schneiderman found that the San Diego-based firm filed nearly 240,000 lawsuits against debtors in a recent four-year period, using our courts as its private collection arm.