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Found 9 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? (should be listed at the top of the complaint.) "Racquel A. White ESQ. FBN 0392669" 3. How much are you being sued for? Less than $1,000 4. Who is the original creditor? (if not the Plaintiff) HSBC (Credit Card portfolio was bought by Cap1 after that) 5. How do you know you are being sued? (You were served, right?) Process Server 6. How were you served? (Mail, In person, Notice on door) Notice on door 7. Was the service legal as required by your state? I don't believe so, I called the process server as he left his contact info with someone I live with who refused to take any paperwork from him. I called him to serve me the papers however he just left them wedged in my door. The link provided lists that he has to leave it with me or someone I live with. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I have never had a conversation with them on the phone that I know of. 9. What state and county do you live in? Florida, St Lucie 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 believe it was in 2013. 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). The online website says "Case Filed - Pre Trial Conferences Set" 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have disputed the debt with Transunion previously stating I had no contract with Portfolio, to no avail. 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. Not from the OC or the JDB. 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? I did not receive a questionnaire. I believe I have to be present for the pre-trial conference in about a month. Complaint: 1. This is an action for damages less than 5,000. 2. Defendant obtained and used a Citibank, N.A. / Best Buy revolving credit account ******#### (the account) 3. Plaintiff is the successor in interest of said account having purchased said account in good faith, for value, and in the ordinary course of business. (See Attached). 4. Defendant did make purchases and charged same to the Account, but after statements were provided to Defendant, Defendant failed to make the monthly payments due upon the account and failed to object to the balance then owing, resulting in an account stated in the sum of $###.## (Exhibit B ) 5. Plaintiff has declared Defendant to be in default and demands payment of the balance due on the Account. Defendant has refused said demand. 6. Defendant is indebted to plaintiff in the sum of $###.## 7. All conditions precedent to this action have occurred. 8. Pursuant to Rule 2.516 Plaintiff designated the following e-mail addresses for the purpose of service of all documents required to be served pursuant to Rule 2.516 in this proceeding (Lists about 20 e-mails.) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A : Affidavit for a custodian of records from portfolio recovery associates stating the debt is mine and is rightfully owed to them. Exhibit B: Bill of Sale and Assignments, document is not specific just stating that the bank sells, assigns, conveys etc the debt to Portfolio Recovery Associates however does not have my name or account number in the document Exhibit C: Statement from May 2014 with account balance listed My debt is small however I really do not want to pay portfolio recovery associates. Is it worth taking the risk to fight it or should I just settle for a smaller amount with them? Thank you for any help!!
  2. Hi All, My wife is being sued in FL by Prortfolio Recovery Associates LLC. She received a summons to appear for a pre-trial conference next week. This is in small claims court in Pinellas county, FL. We are being sued for about $1,400. My wife is required to appear next Tuesday and the summons says; The purpose of the pre-trial conference is to record your appearance, to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pre-trial conference. It also states that she may be ordered to mediation at the pre-trial conference. The original creditor was Orchard Bank and of course Portfolio Recovery purchased the debt from them. They have filed against us within the SOL so no luck there. Attached to the summons is the following (paraphrased); --Complaint with 8 points-- 1-This is an action for less than $5,000 2-Defendant obtained an Orchard Bank/Capital One credit card 3-Plaintiff is successor of account having purchased it (see exhibit A) 4-Defendant made purchases and charges on account then failed to make monthly payments and failed to object to the balance owed resulting in sum of $1,400. 5-Plaintiff has declared Defendant in default and demands payment. Defendant has refused demand. 6-Defendant is indebted to Plaintiff for $1,400. 7-All conditions precedent to this action have occurred. 8-Pursuant to rule 2.516, Plaintiff designates the following email addresses for the service of all documents and it goes on to list several lawyers email addresses. Wherefore , Plaintiff demands judgment against Defendant for $1,400. --Exhibit A-- Affidavit signed by the "custodian of records" for Portfolio Recovery --Exhibit B-- Statement of Account It states the Issuer as Orchard/Cap 1. The assignee as Portfolio Recovery. Thedate the account was opened, date of last payment, date of charge off. Balance of $1,400 Purchase date and that we have made no payments to them. --Exhibit 1-- Bill of Sale This is the document that transfers ownership of the account from Cap 1 to Portfolio Recovery. It is signed by a VP of Cap 1. The price that Portfolio Recovery paid and the "Sale File" are blacked out! Interestingly the card we had was an Orchard card. Not sure if that makes any difference. --Exhibit 2-- Exactly the same document as Exhibit 1. It also has two photocopied pages of an account statement from Orchard bank showing that we owe $1,400. --Civil Cover Sheet-- This is just a cover sheet (why it's the last sheet in the summons I have no idea). It basically says that they are suing us in civil court for "contracts" and that they don't demand a jury trial. Our objective is to settle this for as little as possible and/or to get the case dismissed if possible. Neither one of us has ever been to small claims court before and hiring a lawyer is not really an option for such a small amount. Any help and advise is much appreciated and I would be happy to answer any more detailed questions. thank you, --InDebtinFL
  3. "I am involved in a credit card debt lawsuit here in FL. I've done pretty good so far. I was able to get the PA's motion to strike defendant's affirmative answers denied b the judge. I had served them a Request to Produce for discovery. They, of course, have file a motion for enlargement of time, which the judge has not ruled on yet. But, the 30 days deadline for discovery is approaching at the end of this month. I trying to draft the "nice" letter I need to send to Attorney. Can anyone please give me some pointers on how to write it up? I have been unable to find any samples. this is what I have so far, but second guessing putting in my intent to file a motion: "On January 23, a motion was filed with the County Circuit Court for Request for Production for documents in Case #XXX. According to the USPS, the copy of this request mailed to your office was delivered January 26, and signed by Ms XXX. According to FRCP Rule 1.35(a), written response is due within 30 days after service of the request. As of this date, I have not received any of these documents. Respectfully, Me" Do I want to add my intent is to file a Motion to Compel if the documents are not received in the 30 days time.? any suggestions is so much appreciated. Thanks for any help and guidance you can give.
  4. I am ordered to stay proceedings pending Private/Contractual Arbitration. Proceedings stayed for 30 days for defendant to initiate arbitration. My question is: I know I need to prove the judge I initiated JAMS, do I send a cover letter to judge stating that I initiated Jams and please find enclosed proof of service and copy of Initiation cover letter? I also send the same documents to lawyer/ firm of the OC? Letter smth like below? Judge name Judge address My name My address Case Number: RE: Arbitration Initiation Order Dear Sir/Madam Please find enclosed a copy of the Arbitration Initiation letter that was filled with JAMS (together with the corresponding attachments) and proof of service. Thank you in advance. If you have any questions do not hesitate to contact me at: xxx-xxx-xxxx. Regards, Typed name Please jump in and advise!!!!!
  5. I owe $10,800.00 to Amex for a year now and the other day I received a Summons/ Complaint from a law firm representing Amex. I am supposed to give an answer within 20 days. I live in FL. Please advise as I am still in shock. I believe from what I read throughout those forums that I have to send a letter of Election of Arbitration then file MTC and other documents needed.
  6. History: Served by JDB, I filed MTD, MTD denied. Judge ordered opposing counsel to submit an order denying the motion and requiring the submittal, within 20 days, of the alleged notice of assignment (condition precedent to bringing action) and other alleged docs to support cause of action. FL Bar conduct states that atty should have prepared order by the next business day and given to me for review and then sent to judge. I also filed a MTD to dismiss for failure to post nonresident bond. More than 20 days have passed and atty has not prepared order, supplied docs or posted bond; so they are stalling. I can't find anything in the FL rules of civil procedure or FL Statutes that cover this. How do I proceed? I have prepared MTD for failure to post bond but I'm not sure if I should include failure to prepare order and provide docs in that MTD as well, or if I should file the MTD for bond and a MSJ, or should I handle some other way. I am unemployed and have no money for atty, so thank you for any info you can provide. Please help.
  7. 1. Who is the named plaintiff in the suit? Portfolio Recovery As Assignee of XXX Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? Under $5000 4. Who is the original creditor? (if not the Plaintiff) Major CC Company 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? Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Within SOL by a little under a year 11. What is the SOL on the debt? To find out: 4 years in FL I believe 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). Attended pre-trial, denied their claim and scheduled a trial date. 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? No answer was required as it is was immediately set for pre-trial in Small Claims Civil Court. I went to pre-trial at which point I denied their claim and asked to proceed to trial. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ComplaintAffidavit from their custodian of recordStatement of account on JDB letter headForward Flow Receivable Sale Agreement from XX Bank that does not mention me specifically just a file number with price of purchase redactedone statement from cc account with no charges, payments, etc only past due fee and interest chargedSheet with designation of email address they would like to be served with documents. I'm looking for advice on what my next move should be . At this point I've appeared at Pre-trial. Prior to the pre-trial the JDB attorney called me aside to offer a payment plan. I basically responded with I have no relationship with this company and will wait to speak with the judge. When the judge addressed the court before people were called he said you could work with the mediators to work out a payment plan or deny the claim and request to proceed to trial. I denied the claim and requested a trial date. I basically said that I have no relationship with this company, they are claiming to have purchased an account belonging to me, but have provided no signed contract or statements showing any activity or purchases by me. He asked if I was denying the account with XXX Bank and I said yes, there is nothing confirming that account belongs to me. He then addressed their rented-attorney and said maybe if you guys could provide defendant with what is being asked for then this can be resolved before trial, but it wasn't a direct order to give me anything. From a little online reading I guess my next move should be interrogatories and discovery, is that correct? Also worth noting this same JDB tried to sue me before I showed up at pre-trial basically said something to a similar effect and requested trial. Then about 2 weeks before trial they filed a dismissal without prejudice. Last time they had less paperwork included with the summons. Since this is the second go around I figure they may try a little harder. Any help or advice is greatly appreciated. Considering talking to an attorney, but would hate to pay for one only to have them dismiss again then re-file later. Does anyone know how many times they can do that in FL before its considered harassment?
  8. Hi everyone, I received a summon at my parents house and i didn't sign for it. I don't live at that address for over 3 years already. But my dad signed for it without knowing what was it for. I have the papers now, but with only a few days to respond. How should i elaborate the respond letter to avoid any judgement? The debt is for $6K. Any professional advice is appreciated or if anyone can point me in the right direction. Thank you in advance!
  9. My name is nowhere on the account they are suing over! My 2nd (continued) pre-trial is scheduled for the end of Feb. I am pro se and I want to have it dismissed without going to trial if there is any way possible. I cannot believe there is no way to do so when he can provide NOTHING with my name on it. I don't believe they could get this far with it! Guess I am naive. I have answered the forum's suggested questions below. I have been researching many threads (esp FSUgirl07 since she is also in FL dealing with a JDB), but I haven't run into any where they actually have the wrong name. Hope you all are willing to help me out - your responses have been amazing. Thx. If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? CAM1 LLC dba CAM1 LLC of Georgia 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Offices of Andreu, Palma & Andreu,PL of Miami, FL 3. How much are you being sued for? about $4800.00 plus int. and atty fees 4. Who is the original creditor? (if not the Plaintiff) US Bank National Association ND 5. How do you know you are being sued? (You were served, right?) Served at home to husband. 6. How were you served? (Mail, In person, Notice on door) In person to husband 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? Pinellas County Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. What is the SOL on the debt? 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). Attended pre-trial conference as per summons. Explained it was not my card. Showed atty statements with the account number he identified in my (adult) daughter's name. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Disputed with OC through a letter from my attorney in which he told them to cease and disist ,disputed with one credit bureau verbally. 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? i attended the pre-trial as per the summons. No written answer is required in FL. First cause of Action: Account Stated. 2nd cause of action - Unjust Enrichment. I told court officer it was not my cc. She asked if I wanted to see the judge, I agreed. Attny & I went before the judge. I told her it was not my card. I showed her my copy of dispute to US Bank as well as their response which included cc statements from 3/10/06 to 3/10/10 - ALL addressed to my daughter (same last name at the time). Judge noticed the lack of account number. Judge directed attny to send me copy of cc application with my signature and copies of statements with my name on them within 30 days. I have not received them - he has untl 2/6. But the atty sent me notice and copies of 2 Bills of Sale and Assignment of Assets referring to each of the assets identified in a list as Exhibit A. Of course, the list was not attached to my notice. (He also sent me requests for Production, Admissions and Interrogatories. I have been writing an objection to his requests for discovery because I am pro se and he is not allowed to initiate discovery without permission of the court, unless I have already done so. I have a second (continued) pre-trial end of February. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence sent with summons. There was not even an account number on the paperwork, but I knew which account they were referring to from prior collection attempts from a number of different collection companies. ABSOLUTELY NOTHING - I FIND IT ASTOUNDING