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Found 4 results

  1. Hello, I was served with papers from Portfolio Recovery a couple of days ago. I am trying to figure out how to respond. I have been looking around this form and seems that @texasrocker has some good advice, I am still a bit unsure how to proceed. Not exactly sure what to say in my answer. I would appreciate any help. Thanks guys! 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC Assignee of Dell financial services 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch Sturm Isreal Enerson & Hornik LLc 3. How much are you being sued for? 1,600.04 4. Who is the original creditor? (if not the Plaintiff) Dell Financial Services ( web bank) 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? Texas, Hidalgo County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I am personally unsure, they say January of 2014. Its within the SOL 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit Served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 14 days to respond. Count 1: Breach of Contract 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just a print out of part of my account. Although its not a complete view, really just shows charges, payments made, but no actual balance.
  2. Hello, I am in need of some serious help. I have never checked my credit report in my entire life until two days ago when a collection agency called me and informed me that i had student loans in my name. *this is sadly a case of family fraud but i did attend school so I'm dealing with that, it only prompted me to check my credit report to see what else may have happened. I did credit karma (transition) and to be safe got the experian report as well. I am going through all this information still as it has been pretty overwhelming but have noticed a few pretty serious concerns already. First big issue: on the experian report under my personal information it says "also known as" and it is not my name, possible typo on someone end at the original creditor or during the transfer of information I have an account in collections with the improper name on my report. EOS CCA filed collection account for AT&T mobility for $900 You have to have the correct information to even have an account started in your name so Im not sure what to do. second: Multiple accounts in collections that are not mine: AFNI is reporting $297 for SPRINT as well as TRIDENT ASSET MANAGEMENT and NATIONAL RECOVERY reporting columbia house dvd $58 for different dates one in 2009 the other in 2010 and i have never had a columbia house dvd membership of any kind. I have two different agencies SW CRDT SYS and STELLAR REC reporting COMCAST debts for three different amounts and three different dates for consecutive months in a row. but each time that i have used the company i have closed out the accounts and paid them off to a 0 balance. SWIFT FNDS reporting a golds gym membership from 2009 for $202. third: FBCS is reporting EMCARE CENTER EMERGENCY PHYS $528 and I cannot find this company anywhere on the internet to get information to even have an idea of what this might be, ALLIED COLLECTION has two different accounts in collections for RADIOLOGY ASSOCIATES with multiple amounts: one has an original balance of $68 then current balance of $72 opened 10/25/10, the other report is an amount of $40 opened 4/1/2009 on top of that RADIOLOGY ASSOCIATES with the listed address on the report is no longer in business. I have no idea where or what these could be; does anyone else know? Lastly: AARGON AGNCY reporting $12,870 on behalf of RMI Management LLC. the original date opened is not provided but it does have the "last updated" date as 11/1/2008. I don't even know what to say about this one. Is this past the SOL since it is from 2008? Also, I believe that these would be racked up fees of some kind because I definitely did not borrow or get $12,870 worth of goods or services in any way shape or form. To make matters worse, when I asked the woman that called about the student loans where all the documents and notices had been sent as i have never one time received anything about these debts she told me that it was all being sent to an address in california that i have not lived at since 2004/2005. i have been constantly moving from one place to another and only now when i finally settled down and moved in with my fiancé do i have an actually address. I am really freaking out because we are about to get married and this bomb just exploded a few days ago. Clearly, I really need some freaking help. I do not know what to do at all and all of this is new to me and I just don't know where to start. I have been doing a ton of reading to become a little more knowledgable about credit and this whole process the past few days but I am just overwhelmed and do not know where to start. I was going to dispute the accounts that are obviously not mine as well as the ones that are out of business and the other ATT that is not in my name. HELP!!!!!!!!
  3. I have been researching issues surrounding debt collection activity and fraud. Apparently, some debt collectors may be violating racketeering laws (RICO), as well. In a New York Federal Court case, the debt collection company Mel Harris and Associates, and its affiliates, have been accused of violations of the Fair Debt Collections Practices Act, the Racketeer Influence and Corruption Organization Act, and Fraud. The lawsuits stems from a scheme by the Defendants in which process servers fraudulently told the court they properly served debt collections lawsuits. Instead, they were routinely engaging in "sewer service" and never served the legal papers. Further, the Defendants are accused of falsifying Affidavits en masse in a wholesale fraud on the court. The lawsuit was approved as a class action on behalf of up to 100,000 consumers that were subject to default judgments, wage garnishments, and frozen bank accounts at the hands of Mel Harris and Associates, and its affiliates. The Consumer Financial Protection Bureau in conjunction with the Federal Trade Commission has presented an Amicus Brief in support of the Plaintiffs. The tide is turning against debt collectors. I don't believe this case is an anomaly, but points out what is occurring across the country as debt collectors' daily business practices. I've long believed the debt collection industry and their business practices were a massive fraud scheme. Here's one example where the accusation is not just fraud, but racketeering. Some great articles on the story: http://www.forbes.com/sites/danielfisher/2011/01/04/judge-allows-rico-suit-over-debt-collection-tactics-to-proceed/ http://blog.credit.com/2011/01/suit-debt-collectors-sewer-service-was-racketeering/ http://www.law360.com/articles/508148/2nd-circ-weighs-100-000-member-debt-collection-class CFPB & FTC Amicus Brief: http://www.ftc.gov/sites/default/files/documents/amicus_briefs/sykes-v.mel-s.harris-associates-llc/131113sykesharrisbrief.pdf 18 U.S. Code § 1962 - Prohibited activities: http://www.law.cornell.edu/uscode/text/18/1962