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Found 6 results

  1. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? Rausch, Sturm, Israel, Enerson & Hornik, LLC 4. Who is the original creditor? (if not the Plaintiff) "Account" opened with Dell Financial Services, LLC On the first set of discovery, "the original creditor" left blank. On the second set of discovery, "the original creditor" shall mean Portfolio Recovery Associates, LLC 10. When is the last time you paid on this account? within SOL 12. What is the status of your case? Suit served, being handled in district court, answer turned in, discovery due I've done a lot of reading on the site and I'm impressed by the help given. I haven't been able to find any info about the double discovery issue of mine. I received two, six-page sets of discovery along with my original petition. The first set looks like it belonged to someone else's petition, but had most of my information pasted in. The three big things it had wrong were: there was no original creditor listed at all; they referenced an owed amount that didn't even closely match the petition in the admissions questions; and the wrong county is used above the verification section. The second, six-page set of discovery has those errors corrected and slightly altered the admissions questions, to tailor them more toward the type of account they're suing me over. I'm hoping this error might help me, but I'm not too optimistic about it. Maybe it's what the courts would consider a bona fide error? I have another month to answer discovery, but I'm not sure if I need to answer both sets. They're both labeled "First Discovery Request". Another thing I'm worried about is that the account the lawsuit references is from Dell Financial Services, and their accounts are supposedly different. They're secured accounts as opposed to unsecured. I don't know if the original answers I've seen, shared by texasrocker, apply to this type of account as DFS might be considered an account that deals in goods directly. I'm not sure.... Also, I think it's odd that DFS was mentioned in the original petition, but not in the discovery as the original creditor. PRA is listed as the original creditor in the second of the two sets of the discovery. Would someone please help me get an answer together?
  2. I would like to write a Motion for Sanctions so I could point out to the Court how Midland was providing them with false information. Does anyone have any suggestions as how to do that? Do I just list what they have lied about (when they rcvd my Motion, the fact that they DO arbitrate with AAA, etc?) It was suggested that it might be an FDCPA violation that they suggested we couldn't arbitrate. Does anyone know if that is correct? Any help is greatly appreciated.
  3. Please help! I am being sued by Midland Funding via Jerold Kaplan law offices. I have attached the 16 questions. At this time I am unsure of how to proceed. Any advice would be greatly appreciated. Thank you 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.) Jerold Kaplan Law Office, P.C. 3. How much are you being sued for? $1,000 + pocket change 4. Who is the original creditor? (if not the Plaintiff) Webbank / Dell 5. How do you know you are being sued? (You were served, right?) I was 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 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 was contacted by Jerold Kaplan law offices around early 2003 at work, so I called them back. I did not confirm or deny, I only requested them to contact me on my cell instead of my work number and to send me validation of the debt. The only thing they sent was a generic looking print out of the merchandise I supposedly ordered. 9. What state and county do you live in? Maricopa County AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) On the document given to me when I was served it says 2009, however, my credit report shows the following regarding the same account under Midland Funding as of September 2012 ..... 11. What is the SOL on the debt? 6 Years in Arizona 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).I was served two weeks ago. Based on previous information on this forum, I am waiting until around 18 days to file my response. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, I contacted all credit bureaus and have disputed the debt with minimal response that I am aware of. I contacted Jerold Kaplan law office about 4 days after being served and requested any documents they have to be mailed to me. They put me on hold for quite a while and said "it is tough to get documents and we can only get copies of what we have once. We will contact the creditor to attempt to obtain them again. However, since they were already mailed we are unsure if we can send them out or have access to them anymore. Call back in a few days if you haven't received them by mail. " So far, I haven't received anything in the mail. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.I requested one over the phone and it was a printout of a computer from Dell. I don't recall it having anything on it showing the debt is valid or belonging to me. 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? 20 days. They are claiming the balance of 1,000 + change with interest at 4.25% plus attorney fees not less than 275.53 . 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They only included the Dell Account Credit Agreement printed off of their website. It is not signed or in any way related to myself. It appears to just be a generic credit agreement. However, it does allow for arbitration. They did not provide any other documents.
  4. BEWARE - Even with crappy lawyers, they're still getting better! My civil hearing was today. As the title states, I lost. I was unrepresented, as I could not afford a lawyer. Asset hired a local lawyer who was not well prepared. When the magistrate asked questions, she would say she did not know or did not have the requested information. She had obviously not studied the papers she did have because she was just as confused as I was AND didn't even realize there were 2 separate bills of sale until I started to question ownership. She started off by showing me a copy of a Dell/Citibank (OC) cardholder agreement that had no personal information on it. She then handed me 3 pages for a "bill of sale." All 3 pages looked exactly the same and were pretty generic. Somebody from Dell made a general statement saying they have access to accounts and have knowledge of the process of selling accounts and somebody from "WEBANK" (never heard of them) basically said the same thing. I did not see my account number anywhere. Believe me - I read and re-read everything! Also, it turned out there were actually 4 pages and at first, she told the magistrate she didn't have the missing page so I almost got her on that, BUT she decided to go through her folder again and after taking another look, she found it. Without it, she would not have been able to prove that Asset bought it from WEBANK & therefore, Asset would have had no standing to sue. Additionally, the lawyer showed me account records that belonged to Dell, which showed the original sale, all my payments, and late fees, and also showed that Dell charged-off the account in May 2011. I tried to get out of that by saying those are Dell's records and that somebody can't just take somebody else's records, put them in a file, and say "hey, those are my records." However, the magistrate ruled that it was admissible evidence. I was sworn in and the lawyer asked me many stupid questions that naturally, 5 years later, I don't remember the answers to most of. She wanted to know when I bought the stuff, when I received it, when I made the last payment, and also if it was one purchase or multiple and whether I still had the said items in my possession or had I surrendered them to Dell. The magistrate verified my previous addresses for the past 5 years as well. The magistrate asked if I had anything to add and I pointed out that my signature was nowhere to be found (I know it's electronic but hoped to catch them off-guard) and my account number was nowhere on the "bills of sale" either and that the said "bills of sale" did not state they had direct knowledge of MY particular account. The lawyer pretty much said it would be inconvenient to get a list of account numbers because they buy them in bulk and every other account number except mine would have to be redacted. (Yes, I know & that's why I tried that tactic.) On all points, he sided with her. By this time, I knew my chances of coming out on top were slim. Then, he surprised both of us by asking how long it had been since I got my drivers license. I wasn't sure what relevance that had but replied that I do not have one. He asked when the last time I did have one was. Never. Never had one. He just looked over at the lawyer, who said "I'm not sure what you're implying sir." He told her that if I didn't have a license then I couldn't have made the original agreement with Dell. I wish there would have been somebody else there to see how quickly she leapt from her chair, approached the bench, and started frantically searching for the license number on the documents she had presented to him. I thought maybe this would be my saving grace....until she said "if they don't have a license, sometimes a Photo ID can be used." Pop! My bubble was burst. Yes, I have one and yes, it was valid then and is valid now. That was that. I gave it my best shot but was soooo upset when I walked out. I will soon be receiving papers in regards to the over-$3k judgment plus court costs. In those papers will be instructions on how to appeal but I'm not sure it's even worth it. I can't hire a lawyer and don't want to hire one now, lose again, and lose even more money. I just don't understand how Asset can do this and how courts can rule in THEIR favor.
  5. I'm starting this thread as mainly a sanity check and to ask questions. I've dealt with Johnson Mark before, however it was several years ago. In that case the amount was so small that once I answered and started discovery I think they decided it was more trouble than it was worth. In that specific cases I threw the laundry list of Affirmative Defenses at them (23 total) From what I have been reading over the past few days, it sounds like that probably isn't the best way to go. My main concern right now is making sure that I don't hang myself with any affirmative defenses. Thanks in advance for the help. 1. Who is the named plaintiff in the suit? Asset Acceptance 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark 3. How much are you being sued for? ~$1600.00 4. Who is the original creditor? (if not the Plaintiff) Dell Financial 5. How do you know you are being sued? (You were served, right?) Served in Person 6. How were you served? (Mail, In person, Notice on door) Served 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? Utah, Salt Lake 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Possibly April 2010 11. What is the SOL on the debt? To find out: 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. Too early to confirm it has actually been filed. 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? 20 Days from service on 3/21 Will post the full summons below. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing
  6. Hi All, I was curious if anyone involved with DFS/Dell Financial Services/CIT has a copy of the Account Agreement. I'd like to take a look at it to strategize for my case. I realize mine may be different but I was hoping to see what may be out there. One of the specifics I am looking for is if it defines what states laws govern the agreement. Thanks