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  1. Good evening, I'm so glad I found this forum and hoping I can get some insight on how to handle this legal issue. I just received a priority letter (attached) from Discover stating that if I do not contact them by April 30th, they will obtain a lawyer to collect. The $3,000 debt has incurred fees and is now sitting at $3,600. Last year prior to having no choice but to let the debt go, I had an automatic payment plan setup for $60/month which was fine for a little over a year until I had medical problems. I knew that would be out of work soon so I picked my poisons and decided to pay off my smaller debt credit cards which are now in perfect standing, and let the larger Discover card debt go. Here it is a year later and I'm unemployed but going to college full-time. I have zero income and will need to take a student loan next semester to finish paying for my degree. My question is, I've read a little bit on here about arbitration and curious what that is, how it could help and if it's a good option for me. If so, how do I begin that process? My next question is, I've read about them possibly garnishing my bank account for payment. Since I plan to take a student loan next semester (August), will they take my student loan money?? I really need to complete my degree so I can get back to work and earn income lol. Thank you in advance!
  2. I've gotten about 2 calls from an area code that is associated with my county (they even somehow got my dad's cell phone number and called him as well, not sure how that is even possible) in the past week from some Anthony Telesco at CRS & Associates. The first message (June 2) he left me was informing me that some files were placed in his office regarding some failed bank transaction(s) and it had my name, date of birth, and social security on it or whatever, urged me or my attorney to call him back at said 844-249-2890 number and he pretty much hung up. He called again today and left another message and this is the voicemail word for word: Second service of notification for the respondent XXXXXXXXX, this is Anthony Telesco calling again from the offices of CRS & Associates in regards to case number XXXXXX. We have been attempting to reach out to you and due to your negligence in responding, we are required to review this matter further, I just wanted to make sure you have all the necessary information before we do so. Verification of your employment has been determined at XXXXXXXXX. We do need a call back either from yourself or your attorney today, it is Tuesday the 6th 844-249-2890, my direct extension is 371. Facts: - I am unemployed, I have no place of employment. - The place of employment he mentioned.. is an old username I use to use to make some kind of income (streaming) - Have not received anything in the mail about.. well.. anything. - He never mentioned any kind of attempt to collect a debt. (has whatever this is gone past that stage?) I've called the 844 number that he mentioned in the voicemail and it brings me to some answering machine that says no one could pick up the call and to visit their website at clearviewresolutionservices.com (I thought CRS & Associates was trying to contact me?), you'd think it would be an automated type of deal where I could use Mr. Telesco's extension so I could leave a message but it does not. I also called the number that he called me directly from and that number is associated with some Legal Services Claims department (no company name, just.. Legal Service Claims Department) and the machine asks me to leave my name, number, and whatever other important information. Of course, I'm not 100% sure what this claim is about and I really don't want to call. I got a phone call a few months ago from some lady (you could tell it was a recording) telling me someone was going to stop by for my signature and gave me some claim number on something that was filed against me and yada yada and I completely ignored it (no one came to my house either). I can't find any information on CRS & Associates, the 844 number, the number Mr. Telesco used to call me, there's just no information on anything. Has anyone else experienced something like this? My parents are old and they're flipping the freak out on me and I had to tell them that it's probably just a scam..
  3. Hello everyone. I could really use some help here. I received a summons on Friday and I am not exactly sure what to do. I have never had to deal with any sort of legal issues before. Any help would be appreciated. 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gamache & Myers PC 3. How much are you being sued for? $615 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 5. How do you know you are being sued? (You were served, right?) Summons 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? I have never been contacted by them before. 9. What state and county do you live in? St. Charles 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) 7/17/14 11. What is the SOL on the debt? To find out: 5 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). Website doesn't say and I haven't called the court. 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. I had no idea that there was a suit.. 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? Scheduled for 1/8/16. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent a copy of their petition to the court- Count 1- Suit on Contract Count 2 - Account Stated and an account summary that specifically states that it is not a statement from the OC.
  4. I recently received a letter from Phoenix Financial Services notifying me on their intent to collect on some old medical debt. The accounts were previously handled by a different collections agency, and I noticed that out of the blue the accounts dropped from my credit report I check weekly. I also noticed that my FICO score provided by my Discover card went up 90+ points after the collections fell off my report. The date of service for each of the debts listed in the letter range from 05/20/2011 to 07/08/2011. I live in the state of Florida and here the statute of limitations is either 4 or 5 years (through my research I've encountered both numbers). According to the letter, I have 30 days to request a validation of the debt in writing. My question is regarding the statute of limitations. What date is used determine the age of the debt for the purposes of qualifying whether it is in or outside of the statute of limitations. I know I have at least another 2 years for this debt to fall off from my credit report on its own, however, within that time frame I would like to have my credit be as polished as possible. I would be open to negotiating with the new agency before they report to the CRAs, but I would like to see where I stand on the statute of limitations issue for the purposes of bargaining power. Thank you in advance for your help.
  5. Please Help! I received a Notice of Hearing Date from the Justice of the Peace Court in my County. I am located in Texas. The Plaintiff is Persolve Legal Group. I was never severed with papers by anyone regarding this cause. The Officers Return portion of the courts copy was not filled out. The Plaintiff's Original Petition states they purchased this account from Compass Bank. I do not recall having a Compass Bank Credit Card and I do not show a Compass Bank Account on my credit report. I have filed an answer with the court denning all allegations. I wanted to know is there a Motion or Form I can file with the court to have the case thrown out due to me never being served? If not I would like to send a Discovery to Persolve Legal Group asking for copies of the credit card contract, statements and any other information anyone can suggest. Can someone point me in the direction of a Defendant's Debt Discovery Form online? Thank You So Much for any help anyone can give me!!
  6. One more member joining the ranks of brave fighters against collections. Got a call from the plaintiff's attorneys. They are asking for a 45 day extension for answering my Discovery request for them to answer. I already answer their Admissions, Production, Interrogatories and Disclosure request with knowledge from several forums. Is there any suggested responses for this? What is the best course of action? Suggested law references for this? lawsuit is in Texas in Justice Peace Court. David
  7. 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
  8. Hello and thank you all in advance. I was in the middle of a pending case for a debt collection lawsuit against me. But, I just recently received an update to the case. I also received a letter with Proof Of Service / Request For Dismissal. Case Type: Collections Case - Seller Plaintiff (Limited Jurisdiction) Status: Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 06/10/2020 On the Complaint filed by (Bank Name) on (Date), entered Request for Dismissal without prejudice filed by (Bank Name) as to the entire action 06/10/2020 Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number) scheduled for (Date 2021) at 08:30 AM in (Courthouse Name) A Not Held - Vacated by Court on (Date) I would attach the entire letter with all pages. But, I'd just like to ask based on the status update on the courthouse website if this case has been dismissed? Do I have to sign anything and return the letter to the courthouse? This is the first time for me to have to deal with something like this and am completely lost. I can attach the letter edited if it will help to explain in detail. But, thank you in advance for your help.
  9. Hi! I have been dealing with a lawsuit from Cavalry (from a credit card) for around a year. I have been following the legal process as "Pro Se". so far so good. On the beginning of September the Judge ordered "Denied the Motion for Summary Judgment for the Plaintiff", now we are going to trial in three weeks. As we speak I am trying to get ready for my defenses. The Lawyers from the prosecution have around three months of statements for the account in which are suing me. I do not recognize or remember about this account, but they have the credit card statements as part of the exhibitions. In the statements are showing payments (credits). Can somebody help me in how to approach the credit card statements and the credits that are showing in the statements with the Judge? also the lawyers submitted a motion for appearance by phone of a Paralegal from Cavalry, but the Judge have not answered it yet, in the case is granted can you please tell me how to handle that?. Just fyi... in the credits (in the credit card statements) is not showing my name neither is showing copy of checks. Not only that but they do not have copies of bank statements showing debits paying the CC . Thank you
  10. (Forgive me if I haven't had enough time to search for all the right answers in the vast amount of resources this forum has to offer! I may have limited time or already be out of it! I am also seeking an attorney this week.) I am living abroad out of the US and have been possibly sued by a bank or through a debt collection agency being assigned by a bank. I have a number of questions! 1. The file date says 1/3/2020. If I have 30 days to respond, does that mean I have until 2/2/2020 or is it the date that I have been served? Because that leads me to my next question... 2. Aside from publication, there is a high chance that I have not been served properly because I have been living and working abroad for many years. If that is the case, should I file a motion to vacate based on improper service on my own or should I hire an attorney to file it for me? Is it a simple form or template I can find and type / mail myself to the court? 3. If it turns out that I am being sued by a collection agency, (similar to the question above) should I request for the validity of the debt to the court on my own or hire an attorney to do it for me to due the existence of the court case? Below is the current status of my case. I have a number of questions about the updates. ------------------------------ Status: Pending 4. Does this mean that the actual case has yet to be approved? 01/2021 at (Time) in Department (Letter) at (Address) Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number Code) 5. What does this mean in simple terms? Does this mean that the next step or hearing is in 1/2021? (Date) Declaration Declaration of Non-Service; Filed by: (Bank Name) (Plaintiff) (Date) Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number Code) scheduled for 01/2021 at (Time) AM in (Address) at Department (Letter) 6. What does this mean in simple terms? (Date) Case assigned to (Name) in Department (Letter) (Place) (Date) Complaint; Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) (Date) Civil Case Cover Sheet; Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) (Date) Summons on Complaint; Issued and Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) 7. What does this mean? Does this mean that the plaintiff served me? (Date) Order to Show Cause Hearing/Trial Date (Rules of Court, rule Number Code); Filed by: Clerk (Date) Notice of Case Assignment - Limited Civil Case; Filed by: Clerk (Date) The case is placed in special status of: Collections Case (Number Code) ------------------------------ Of course, I will be asking these questions and more to an attorney. But, I'd just like to get some feedback and answers while I am looking for a lawyer. Thank you so much for your help.
  11. Hello all, I’m just another poor soul (literally) who got caught in the claws of the Portfolio Recovery junk debt buyers. Now I filed my general denial with the court and now I need to send my POS-030. There is a section for me to write down the plaintiffs name and address but my court documents only show the address of the lawyers and law office representing the plaintiff. Is this where I should mail my documents or should I research portfolios address instead? I’m going to have my dad send this out for me since It appears I can’t do it myself. Thank you for your help!
  12. I just Filed an appearance, idk what to expect at court, can someone give me more info. Especially on how to create my defense
  13. My husband is being sued by for a target credit card issued by TD bank. TD bank is named as plaintiff. . I need advice with what to put as affirmative defenses on a general denial with the intention on settling for a lower amount. We have a week left to answer the summons.
  14. HELPPPP!!! okay, ill try to keep this short and detailed! Accident occurred 2 years ago. Insurance adjuster insists I am the 100% responsible party. I disagree. I had several conversations with the insurance adjuster and got her to "reduce the total cost by 15% for possible lack of attention and possible speed being a factor for the other driver". After I got her to admit that much, I knew I had to stick to my guns and not agree to take 100% responsibility. Fast forward to not being able to afford a lawyer (I have 3 small kids, 2 working parents, cost of living is through the roof in NH there was very little wiggle room in our budget) and not being able to find anyone willing to accept pro-bono once hearing the details, I was left to fend for myself. Now here we are 2 years later and I have finally received notice that the lawyer representing the original insurance company has filed in small claims court HERE IS THE KICKER! the paperwork I received states I owe $92,226.75 + filing fees of $145.00 bringing the total to $92,371.75?!?!?!? WHAT IN THE %^#%#$ the original amount back in 2016 was a little over $10,000 After speaking with a representative at the law firm, she confirmed it was in fact a typo. The actual amount should say $9,226.75 HERE IS THE QUESTION! Can I get this whole thing dropped because of this typo???? Small claims court is only supposed to accept charges up to $10,000...... what can I do?!?!?! any help appreciated! TIA
  15. The pre-trial meeting for a debt collection is coming up shortly and the attorney for Cavalry SPV has provided the discovery, which includes the following: As per the suit, the Citibank account was opened in 2006 1.) EXHIBIT A: A typewritten cover page (no letterhead) with only the last four digits of the credit card account, dated 5/8/2016 and an address that I have never used for any financial account (This address also does not match the statements they provided). 2.) Exhibit B: They provided a generic credit card agreement, which is dated July 2013. Note: The account was opened in 2006 3.) Exhibit ? Cavalry provided a copy of a letter they stated was sent to me in October 2017 ....I have no record of this letter. 4.) Exhibit ? Cavalry provided a data drop, which shows the account number and a lot of other details, which would not make sense to someone who does not know the coding, but what I pulled from the report was: A) Application date: 2006 B.) Signature Indicator = Y C.) Electronic Signature = N D.) Two other account numbers were stated in the data file, as well. 5.) Exhibit E: This exhibit included the Assignment from Citibank NA to Cavalry. A.) The Affidavit of Sale states 'On or about March 30, 2017, CBNA sold a pool of charged off accounts. B.) Affidavit of Sale was signed: April 12, 2017 (C.) Bill of Sale was dated: March 30, 2017 (D.) Purchase and Sale dated: 3/28/17 (E.) Bill of Sale further states: 'Accounts described in Exhibit 1' Note: I received Exhibit 1, which states a Purchase date of 8/1/2017 ****I live in Massachusetts and the debt collection regulations are as follow: 940CMR 7: If the debtor, or any attorney for the debtor, notifies the creditor in writing within the 30-day period described in 940 CMR 7.08(1), that the debt, or any portion thereof, is disputed, the creditor shall cease collection of the debt, or any disputed portion thereof, until the creditor verifies the debt and provides the debtor, or any attorney of the debtor, by first class mail, the following materials: (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected; (b) A ledger, account card, account statement copy, or similar record, whether paper or electronic, which reflects the date and amount of payments, credits, balances, and charges concerning the debt, including but not limited to interest, fees, charges or expenses incidental to the principal obligation which the creditor is expressly authorized to collect by the agreement creating the debt or permitted to collect by law; (c) The name and address of the original creditor, if different from the collecting creditor; and (d) A copy of any judgment against the debtor. Pursuant to 940 CMR 7.08(2), the creditor must provide those materials described in 940 CMR 7.08(2)(a) through (d) which are in the possession, custody or control of the creditor. If the creditor does not possess, have custody of, or control the materials described in 940 CMR 7.08(2)(a) through (d), the creditor shall cease collection of the debt until the creditor has made reasonable efforts to obtain the necessary information and provide this information to the debtor. https://www.mass.gov/files/documents/2017/09/13/940cmr7.pdf Question 1: Based on 940CMR 7 above, 'Section (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected' DOES THIS MEAN THE CREDITOR NEEDS TO PROVIDE ME WITH A SIGNED ITEM, in order for this to be a valid lawsuit? Question 2: Since the date of the Bill of Sale states a purchase date of March 30, 2017 and their Exhibit 1 states a Purchase date of 8/1/2017; is the suit invalid? Question 3: The attorney for the debt collector sent me a pretrial memorandum. I am not 100% sure how to complete the memo, since they want me to consolidate it into one memo. Do I provide them with my findings above or just state that the validation of debt is invalid? I really hope someone can help me with this. I have to get the memo back to the plaintiff on Monday. Thank you in advance.
  16. I am in a civil debt suit vs C.1.. The representing law firm asked for a telephone conference. The court tried contacting the firm asking for a phone number twice in order to conduct a pre trial conference and received no response. I showed up and by time proceedings were to take place the court still hadn't received a response. I am wondering what my next course of action would be. Request to dismiss? Was told proceedings were to be concluded until further order. I never filed for a discovery or requests for production of documents. Does this give me time to do that or should I? Does concluded until further order mean dismissed?
  17. I’m settling a debt with a Bank. The lawyers for the bank state the Bank will agree to request with the CRAs to delete my trade line in exchange for me dropping a federal suit I have against the bank. However they say they are not guaranteeing the CRAs will delete the trade line when requested. Is this BS? Under FCRA for a consumer account aren’t the CRAs required to delete the account if the Bank requests so?
  18. I was served papers last night (I wasn't the one that got served even though it's for me and is it normal to just get papers stapled together and no envelope?). What is my next step? What do I do? The papers states that i have 20 days after the service of this summon to respond to the complaint by stating my defense in writing. I don't know what to write or what i should or should not write/admit. The complaint states I breached a contract. "Defendant, an individual residing in Snohomish County Washington entered into contract with Synchrony Bank/Gap for a credit account. The credit account was issued to the defendant under the account number **************. Synchrony Bank/Gap supplied the credit account to defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fee." The amount owed is not what was charged off in 2014. So I obviously do not want to pay them. The date printed by the attorney on behalf of midland is for Nov. 28, 2016, then the date of Dec. 8th, 2016 was when it was filed, and Dec. 16th of it being received. Thanks for any help.
  19. In question is a debt of $12,000 from an old Citibank card, junk collector Cavalry SPV is now pursuing me. I have answered all of their requests and interrogatories and attended a pre trial conference May 2. I believe I caught them offguard as they assigned a new local lawyer that very morning. At the Pretrial I denied everything and the Cavalry Lawyer kept badgering me for my birthdate and social security, I simply stated you guys should already have this and know who I am. Long story short, the Judge asked Cavalry as to where is the signed contract? The Cavalry attorney stated here is 100’s of pages of statements, 4 years worth showing plaintiffs name. The Judge (luckily a notorious anti-junk debt judge) again, smirked and asked, again, where is the signed contract to show the defendant is the owner, the Cavalry Attorney sat silent. To which the Judge scheduled yet another pre-trial in June. Being a novice pro se, I immediately the next day filed a request for production, the first request was to “produce any credit application signed by the defendant”. Today I did indeed receive a response to my request that states, “Objection the request calls for the production of documents in excess of the two year record retention period set forth in CFR 226.25 Plaintiff states that it is not in possession of any document which may be responsive to this request.” So now my question is, do I wait for the next pretrial and see what the Judge says, or in the meantime file a more definitive motion ? Their evidence is 4 years of credit card statments from 2008-2012. Card charged off in 2012. What is the best course of action?
  20. I just received a letter from ADP (the payroll people). I am being garnished for a debt I have no knowledge of. Here are the facts of the case: 30-April-2018 I received a letter from ADP informing me of garnishment by Levy Law Firm, on behalf of Pioneer Services a Division of Mid-Country Bank? I googled and looked up the case on the Fairfax County General District Court website. Indeed there is a case!!!!! Not much detail except that there was a case filed on 23-June-2017 and a Default Judgment was awarded at the civil hearing on 21-August-2017. The amount is over $6,000 and they were awarded an additional $1,200 for attorney fees and 6% of $3,400 in accrued interest!!! I triple checked, this debt is NOT located on any of my three credit reports?? Fast forward to 9-March-2018 a Garnishment case was filed and my employer was indeed listed on the bottom of the screen as the garnishee. I live and have always lived in Cleveland, Ohio. This case was brought before the General District Court of Fairfax, Virginia. The address they have listed is an address I am absolutely not familiar with in Virginia. I have never lived there! Under how service/process it says "post" for this mysterious Virginia address. I've never once received a letter or phone call or subpoena at my home address in Ohio. I am looking for any help! Where do I begin!
  21. So I've been doing some research into the PRA debt collection cases in my State and looking at the court records of events to possibly get some tips on how others are fighting them if they even contest it at all, which most don't. Well I really haven't found anything more helpful than what I've learned from the fine people of this site. But I did find out that last year PRA filed over 5,000 lawsuits statewide and as I'm typing this a single Attorney has over 900 open cases! I just think that's crazy! That should be illegal. Every case is filed electronically, signed electronically and in almost every case the Attorney never had to show up in court, even if they were required to, they would ask the court if they could appear via phone and were usually allowed to.
  22. jpavv

    Wrong name

    Received a collection letter from collection agency. It is for medical. It is addressed to my ex's husband first name, my first name, my last name. It says Your account with Dr.xxx has been forwarded to us for collection. so, not sure if they purchased the debt. Should I send it back saying no such person lives here? Thanks
  23. 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.
  24. Hello! I'm new here and I've never been sued before. I have been reading on how to Answer a Complaint since I received a Summon yesterday. Please review the complaint and help me answer it. Thank you. 1. Plaintiff, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC ("Plaintiff") is a limited liability company qualified to do business in Ohio. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, MY NAME, (hereafter "Defendant"), residence lies within the jurisdiction of this Court. FACTS 3. Defendant opened an account with SYNCHRONY BANK or its predecessor in interest. A copy of the account statement is attached as Exhibit "A". 4. Plaintiff has purchase Defendant's debt, and is entitled to all rights as owner thereof. MIDLANDS EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION 5. MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC owns portfolios of consumer receivables, which attempts to collect. When working with individual consumers, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC and its affiliates (collectively, "Midland") generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland attemts to assess each consumer's willingness to pay, through phone calls, letters or other means. Midland attempts to exclude consumers from its collection efforts, where Midland believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments. 6. When Midland contacts consumers, it strives to treat consumers with respect, compassion and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. Midland's efforts are aimed at working with the consumers to repay their obligations and to attain financial recovery. Midland strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives. 7. Despite Midland's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with Midland. Those who do are often offered discounts or payment plans that are intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. 8. However, the majority of Midland's consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens Midland must decide then whether to pursue collection through legal channels, including litigation like the present action against the Defendant. Although the account is no in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible. CLAIM FOR RELIEF 9. There is now due and owing from the Defendant, in the amount of $2,765.19. 10. Plaintiff has made demand on Defendant for repayment of the account but Defendant has failed and refused to pay the balance due. WHEREFORE, Plaintiff prays for judgment agains Defendant as follows: a) For the unpaid balance of $2,765.19. For the purposes for this suit, Plaintiff is not requesting any interest on the amount sough and requests that interest be waived, including pre and post judgment interest; c) Costs for suit, and d) Such other relief as this Court may deem just and proper.
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