Search the Community

Showing results for tags 'Help'.



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 47 results

  1. I had a preliminary title search done on my house in San Francisco. I found a judgement for Midland for about $9043. I had never been notified. I had never heard of this. It is not on my credit report. I called Midland and it turns out to be a credit card that had been charged off in 2010. On the charge off statement on Midland's website the total due was approx. $7000. The judgement was on October 2, 2018. Does anyone know if there is a statute of limitations? Is there anything I can do about this?
  2. 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
  3. Help, my boyfriend is being sued by Portfolio Recovery Associates in Florida. We don’t have much information to go on but included the questionnaire below. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael David Kaminski 3. How much are you being sued for? Not sure, my boy friend haven’t been served as of yet, all I know it’s with smalls claims court. 4. Who is the original creditor? (if not the Plaintiff) Just found out it’s for Citibank but not sure what kind of account. 5. How do you know you are being sued? (You were served, right?) When I visited my boyfriend I noticed all the post cards from attorneys soliciting service and it reminded me of when some one gets a ticket. Asked if someone sued him he said no then I decided to search via clerks of court online and say that there’s a filing. He have not been served. 6. How were you served? (Mail, In person, Notice on door) N/A at the time of writing this due per answer in question #5 7. Was the service legal as required by your state? N/A at the time of writing this due per answer in question #5 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? None, never done any kind of business with Portfolio Recovery 9. What state and county do you live in? Florida [Miami] 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Clueless here as we don’t even know what account this suit is pertaining to. Would like to know how we can find out. 11. When did you open the account? (looking to see which agreement/contract may be applied) N/A at the time of writing this due per answer in question #10 12. When did you open the account (looking to establish what card agreement may be applicable)? N/A at the time of writing this due per answer in question #10
  4. Hi everyone. Long story short, I am completely lost. I have no idea what to do and can't afford to pay Amex anymore. I was young and got into a lot of trouble financially and ended up using their card a lot more than i should have. I have tried to pay it off over time but the interest makes it impossible to pay off any portion of the actual debt . I was advised to not pay them anything anymore and hope that they move the debt to a collection agency where I could dispute it. That never happened. I received word that Amex filed a summons against me. The summons went unserved because I moved to a different state but I am terrified that they are suing me and have absolutely no idea what to do. I verified this online in the Broward County clerk of courts. I currently have a waitressing job but I’m not making enough money to even pay my bills let alone pay Amex. I’m losing sleep and have lost weight as a result of the stress. Any advice would be greatly appreciated.
  5. Hello, Can a lawyer please help me or give me advise. I am being sued by Midland Funding Group, and I had already responded with a General Denial Form. Along with that I sent their lawyer a Bill of Particular to respond to within 10 days. I had sent out the Bill of Particular towards the end of April and did not get a response back from them until recently (October). It had been 5 months until they got back to me, is this allowed? Can something be done, like for me to ask the judge to drop the case because of their response time? As well, they stated basically that what I had asked for was not relevant to the case (which is BS), and that their client was still investigating and is not ready for trial. I'm not really sure where to go from here, any advise would greatly be appreciated. Thanks so much!
  6. Hello, Can a lawyer please help me or give me advise. I am being sued by Midland Funding Group, and I had already responded with a General Denial Form. Along with that I sent their lawyer a Bill of Particular to respond to within 10 days. I had sent out the Bill of Particular towards the end of April and did not get a response back from them until recently (October). It had been 5 months until they got back to me, is this allowed? Can something be done, like for me to ask the judge to drop the case because of their response time? As well, they stated basically that what I had asked for was not relevant to the case (which is BS), and that their client was still investigating and is not ready for trial. Also, are they still allowed to contact me to collect debt since they are suing me. The other day I got a call from the lawyer, sent it straight to my voicemail, and in it they stated that this is an "attempt to collect a debt." Isn't this harassment since they are already suing me. Can I do something about this? I'm not really sure where to go from here, any advise would greatly be appreciated. Thanks so much!
  7. Nose Job/Rhinoplasty: The Best Way I am in desperate need of a nose job and have been needing one for years. I'm just now focusing on getting my credit score/report in line because I realize that's basically the only way to do it. My nose has caused me a lot of anxiety/depression problems in the past and I'm finally trying my best to do something about it. I'm currently paying off all my debt and then plan on building my credit score with a some credit cards (like two maybe) until my score is high enough to get approved for CareCredit (which is a medical credit card that covers cosmetic surgery, Rhinoplasty). I am just wondering what kind of tips & tricks anyone could possibly offer me to get this done the fastest way possible! I currently have some probation fees to pay off (like $480 or so) and a collection from Westar Energy on my credit report that I need to pay in full (about the same, $480 something) before I really focus on getting a credit card(s) and paying them off to build my credit enough to apply for CareCredit, for then to finally get the nose job surgery done. So that's my full situation right now. Any advise is welcome!
  8. Hi all- I got served today. I had been on this site before and followed Linda7 advice- sent a letter: "I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private contractual arbitration via JAMS to resolve any disputes between us. All phone calls are inconvenient, so all communications need to be by mail." I did get a letter from their fraud department a bout a month later asking why I disputed. I didn't respond to that.I also got a package with some statements , cancelled checks stuff liek that, which I just set aside for later. I've been pretty out of it from an injury and trying to deal with recovery and the legal proceedings of that as well. Today I was served at my home- it was a legal serving. I'm in Washington State. They claim I owe over 16k. (I dont think its that much) Firm is Sutter, White Hammer I Checked and they do not have a "collection agency " license which I think WA state requires (my eyes are bleeding from all the reading but I read if a law firm practices majority of collecting debt for their clients then they are considered a "collection agency" and require special licensure- which Sutter, Hammer and White don't seem to have under WA business lic search. I don't know if that's my loophole? I wanted to go for arbitration just to buy time, but am afraid that will end up costing me a bunch more for the fees. I was injured and lost my ability to earn virtually overnight. Its been 2 years. I paid my debts for one year then I just havent been able to keep it going for the last one. I had surgery a few weeks ago and all the sob story later- I believed I just need to buy time and maybe pay them off with the settlement from my lawsuit (injury) But that is taking longer than I thought. All the advice i get is to hire an attorney- If I could afford an attorney, ID just pay the debt. I have no money at this time to negotiate with. Id file Bankruptcy but I cant because of the lawsuit. Any advice.. Everyone seems so knowledgeable. I love the way you guys help. I hope one of you will see this and help me. I want to respond to the summons it says to do so in writing within 20 days. I thought I would say I had requested arbitration... and was waiting for a response to that. ? Can anyone offer any guidance what do I do next?
  9. Hi all, I am located in Austin, TX in Travis County. I started receiving letters from lawyers last week wanting to represent me in a lawsuit that was filed on 7/20/17 and provided a case number. I looked online but cant find the case with the courts..but I may not be looking for it correctly as I've never been in this situation. I think its probably related to a bank of america credit card that with 30k that could no longer be paid from 3 years ago after financial problems. I expect to be served any day. I plan to answer with a general denial within 20 days. I have been reading a lot about this on this and other forums. I am very confused as to how to approach the suit. Been reading about needing to file discovery to get the debt collector to provide, all contracts, all transactions etc. Then others say this is now ineffective. I'd like to represent myself if possible. not sure if I should attempt to arbitrate or fight it. I did talk to a lawyer briefly yesterday who said I need to liquidate all of my bank accts immediately (tomorrow) before getting served and not to answer my door tomorrow morning if someone comes knocking to serve me. I was advised to empty my accts first. I don't have a lot of money so this should be eaay to do. Unfortunately I have an autoimmune disorder that causes me to get sick when under heavy stress. I'm hoping to calmly and methodically go to court and do what I can. Any advice is greatly appreciated. I just read this article and hope I can determine if this is the way to go or not. https://toughnickel.com/personal-finance/You-Can-Beat-Credit-Card-Debt-Collectors
  10. I've read alot of forums today about Midland funding suing for debt they bought from a creditor. I had a past one (actually today) that I paid a lawyer to take care of well he won my case. Now Midland funding is suing for another debt I had also. I don't want to pay another lawyer. If I had all that money I would have paid off the debt myself. Now this one is suing me for less than the one I had hired a lawyer for. I already called the magistrate office to defending my case. So I know I'll have a different paper coming in the mail. My question is do I just go in that day let them interrogate me and I just keep saying no and just keep repeating I need proof of this debt. And that I never signed a contract with them? Also I've read that people also send something to the attorney and magistrate office stating they need to show me all the proof before hand?
  11. Hi all, I am asking for assistance as I do not know what I am doing. I am being sue for $3500 from midland funding over a debt that they purchased from a Barclaycard. I have tried to negotiate with them over the past week, but I only have 20 days to reply to the court with my answer regarding this case. All of the settlement options that they are suggesting are unrealistic for my current income (my partner just left his job and I am paying for both of our bills). Should I turn in an answer just I case we aren't able to settle in time? can someone help me write the answer? how to I get a better settlement? I first offered $500 on the spot as I had that much, they denied it and then said they would take $3000. I told them I could do $750 if they wait until Friday, and they came back at me with $3000 over three months. I can't afford that, not even a little. Any suggestions? case number [deleted for privacy reasons]
  12. Received request for admissions (Background information) In July 2006 we purchased/financed a vehicle for which we paid monthly installments due to circumstances our last payment was around January 2010 and the vehicle was repossessed in April. On 01/22/2015 a complaint was filed in Hillsborough County (indicates the debt was purchased by FFS, Inc - the plaintiff on 03/31/2011) and on 03/02/2015 we received a summons and we filed our answers on 03/20/2015. We had not received any further communication, that is until 02/27/2017 when we received a Notice of Intent to dismiss from Hills County due to lack of prosecution. They plaintiff assigned a new attorney and now on 05/10/2017 received request for admissions. I want to file my request for admissions, however I want to be sure I do not answer in such a way that will make the situation any worse. Separately, my mother was the cosigner on the loan and although they had her address information , The request for admissions I received has two copies, one addressed to my mother and stating it was mailed to her address. This was mailed to my address only and after speaking to my mother she confirmed she never received said document, how should I go about her side of it as I know there is a 30 day timeline on filing the response to the request for admissions. Any help is greatly appreciated as I cannot afford to be represented by an attorney on this case and just want the headache to be over.
  13. Introduction: Sued by JH Debt Portfolio Equities, LLC (JDB2), debt purchased from Oliphant Financial, LLC (JDB1) whom purchased from OC (Capital One) Account and Debt are unknown to me (Pro Se Defendant) Responded to Petition with General Denial and Special Exceptions, requested Disclosures from Plaintiff (required multiple additional requests to comply to get documents) Responded to Plaintiff's Request for Admission with Denials. Current Delimma: Plaintiff (JDB2) filed Motion for Summary Judgment. In the motion the Plaintiff specifically refers to Bussiness Record Affidavit and an Affidavit for Attorney Fees. The motion fails to enumerate the facts at issues and which pages of attached evidence address the facts, it does have documents attached as evidence, all of which fail to show a direct link between the Plaintiff and account. (Attached) How do I specify issues of fact and objections if the motion is stated in a general manner? Strategically, if I go through all of the pleadings and motion and identify related evidence + weaknesses I do myself a disservice. I would be stating the grounds for their case, giving them all the info they need to strengthen their case, and it providing them with information regarding my strategy, knowledge base, and abilities. Can someone please help me with how best to address this issue? I know that I can request revisions by specifying things that are vague or ambiguous, but that my request is too general it will be denied, and am again unsure because their entire motion is too vague and ambiguous. I welcome your related experiences and advice. Thank you in advance. JDB-MSJ.pdf
  14. needing help with my moms judgement .............i followed steps provided on one of the forums but unfortunately i didnt notice the forums was a few years old that i had studied and with the information i was provided i shared in court and portfolio had an answer and the judgement was against my mother based on my lack of providing evidence or information for the judge to move in her favor.................... with that being said are there any forums already posted that address someone filing an appeal or anything related that i could study that would help build a stronger case against portfolio ............................... thanks in advance
  15. Hi all, So forgive me; it's been awhile since I've had credit problems, but last year was a rough one... SO I had two cards with capital one that both charged off about 6 months ago...... I just got a letter dated 1/18 that says "My account was acquired by Sherman Originators III, LLC on 1/17." And that they own my account and may contact me yata yata.... a) trying to not panic that I will receive a summons 😱😱 b ) I am totally wanting to pay these off. One is for 733.00 and the other for about 1200.00 My finances are kind of tight as I've been paying quite a few things off, but my income is steady and I could slowly but surely pay both. If this is my plan, do I need to freak out that they won't work with me? Unfamiliar with this company; have no idea what to expect. Any help or insight would help. I will try not to react unrealistically in the meantime! Thanks!
  16. So today a woman knocked on my door and served me with 2 pieces of paper. Midland Funding LLC vs. "ME" My original creditor was Dell Financial. (webbank) I have browsed and read this site for a few hours (serching for texas stuff) Found a few good things, then joined the site hoping to find more. To be 100% honest. Im lost maybe because i have so much going through my mind. I dont want to mess this up by filing something thats way wrong.. I have 14 days till I have to do something. Im not asking for a step by step, All I am hoping for is to be pointed in the right direction. For example where do i start, my first step? Thank you in advance if you respond.
  17. 1. Who is the named plaintiff in the suit? Portfolio Recovery Group LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hyatt & Hyatt& Landau 3. How much are you being sued for? 1457 4. Who is the original creditor? (if not the Plaintiff) Webbank, Blustem Systems 5. How do you know you are being sued? (You were served, right?) Was served on May 20th 6. How were you served? (Mail, In person, Notice on door) in person at my home 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? they mailed two letters of debt collection. 9. What state and county do you live in? Sarasota 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) Dec, 2014 11. What is the SOL on the debt? To find out: 4 years 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). Set for Pre-Trial Motion 6/8/2016, I filed a motion for production request, Portfolio filed a Affidavit of personal knowledge 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) yes 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 am assuming I don't need to file a response since it is a pretrial mediation set up. I received no questionnaire or no information about answering this only a pretrial mediation setup. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There was 7 credit statements and one was a duplicate, thats all that was in the Statement. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Just wondering if anyone out there can give me some advice on my case. I have been served on the 20th of May and I then filed a motion to produce evidence. At this point the Hyatt and Hyatt filed a Affidavit of personal knowledge by some Custodian of Records. How should I handle the next step. Should I file a motion to subpoena the person to have him there at pretrial or should I do that at pretrial. I am a real rookie here and desperately lost. I have read all the arguments about 3rd party debt collectors and how to fight them but some more advice would be great. Also Happy Memorial Day to all. Thanks in advance for any help.
  18. Hello All, I have made some extremely stupid decisions this past 2-3 years and it has left me in a huge hole that looks impossible to get out of and I am looking for advice or any suggestions on what to do. I have been a gambling addict for the past 2-3 years and as of 2 weeks ago have finally confessed to this and I am now seeking help and have been free for 18 days now, this is my current financial situation: Creditor Name Payment Due Date Original Loan Amount Current Balance Monthly Payment Percentage of Debt Interest Rate Loan Term (Months) Disover Card 2nd $0.00 $2,334.20 $69.00 2.11% 23.24% N/A Chase Card 0872 15th $0.00 $2,630.00 $26.00 2.38% 15.24% N/A Chase Card 6214 24th $0.00 $3,002.00 $30.00 2.71% 18.24% N/A Paypal Credit ? $0.00 $3,500.00 $0.00 3.16% ? N/A CitiCard 0534 1st $0.00 $6,923.74 $101.00 6.26% 28.99% N/A CitiCard 1857 17th $0.00 $7,995.00 $119.00 7.22% 28.24% N/A Bremer Bank 1st $0.00 $8,036.83 $164.00 7.26% 24.24% N/A OneMain Financial 1st $10,000.00 $8,825.51 $314.89 7.98% 21.94% 48 Lending Club 1st $20,000.00 $16,779.0 $804.54 15.16% 25.88% 36 Prosper 1st $20,000.00 $17,088.9 $697.33 15.44% 15.41% 36 SoFi 1st $35,000.00 $33,543.5 $589.58 30.31% 10.88% 84 This is a breakdown of my monthly Living Expenses: Item: Monthly Expense Charity $240.00 Housing $1,414.92 Utilities $501.97 Food $306.00 Transportation $1,353.09 Clothing $50.00 Medical $290.00 Personal $280.00 Misc. Items $75.00 TOTAL: $2,915.34 INCOME: $5,766.00 Monthly Take home pay. As you can see I have a total monthly debt/expenses of $7,437.92 with only an income of $5,766.00. I have $11,000.00 in savings, and I am debating between using this 11k to pay off some of this debt, but even if I do I still cannot meet the monthly min. payments. So I am also considering to stop all of the payments on my unsecured loans and save approx. $1,600 ea month and use this and the 11k as a potential settlement 6-9 months down the road once these accounts go to collections. My other option (I think) is to file for Chapter 13 Bankruptcy, but I'm not sure that I would qualify because of my income. Any help or suggestions would be greatly appreciated. Thanks!
  19. Hi everyone! I have to preface this by saying that I've been reading these forums since the day I discovered them. Today I finally made a point to register and ask for some of this amazing advice for myself. I fear I'm not sure what to do next. Also being from Maine, I feel like there aren't many resources specifically for this state available to me since, well, not a lot happens here. Regardless of it being in Maine though, so much of the advice I've learned from here has been incredible. You guys are all great and I'm hoping to catch the attention and help I've seen other people receive. Anything would be greatly appreciated! So here goes... If I leave out any important info, I'll be checking this pretty regularly to reply. This is for we'll say a close friend. She's lost in all of it and I've been pretty excited to learn about this and find a way to help her out. But I know all of the details required. Being such a small area too I'm a bit nervous to post too much info as I feel it would be pretty easy to narrow things down. So if anyone recommends I should edit some info out, please let me know! 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? Schreiber/Cohen, LLC 3. How much are you being sued for? 18,xxx.xx 4. Who is the original creditor? Union Federal Savings Bank 5. How do you know you are being sued? Papers served to Co-Signer and defendant's address from 5 years ago. 6. How were you served? Co-Signer in person, at the door. Defendant was not until after answer was filed 7. Was the service legal as required by your state? I'm not sure. Some of the debt collection laws I've read said that they can't serve you by a sheriff? Which is how it was served. But to my knowledge that's a fairly common practice of serving someone papers. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None to the defendant. Though they called the co-signer relentlessly, at work, and accused the defendant (to the co-signer) of being a bad person, etc. 9. What state and county do you live in? Defendant: York County, Maine. Co-Signer: Cumberland County, Maine. Complaint filed in Penobscot County. 10. When is the last time you paid on this account? 2007. Though they're account records mention a partial payment made in 2013. 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? I advised the defendant to send their answer promptly. We did research and found affirmative defenses. Unfortunately it was before I found this forum. So now I feel their answers could have been stronger. Didn't file a motion to dismiss in the answer. Also haven't filed a motion to strike the affidavit. Currently tied up in a motion to transfer to the proper county so we have no new case no. to do anything with. I'm worried we're running out of time. But does a motion to transfer start a new scheduling order? We never received any discovery from the plaintiff either. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. If only I knew better then 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? Currently waiting on new information regarding the motion to transfer. Haven't heard anything from the plaintiff since August but the court says the transfer was approved. Have not received any interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Unfortunately, a lot. Although this may be the usual case as well. I feel a debt of this much is the holy grail for JDB, so they would pull out all the stops. Evidence: Affidavit of Claim from employee of Cavalry Portfolio Services (a company that performs collections services for Cavalry SPV). Stating they were an authorized employee to make the claim for the plaintiff. That they are familiar with the manner and method by which their company and the plaintiff create and maintain business records. That they acquired this account 'on or about' a certain date. The usual stuff I've seen other people see in their affidavits of claim. It states the name at the top, but the signature is completely illegible. It also says it was notarized a full year after the affiant claims the account was acquired. Note Disclosure Statement: I'm worried this is bad. It's a copy of the original loan agreement from UFSB. With the loan amount, interest rate, and final amount that would be repaid. As well as the terms and conditions, but those are listed on an empty application. Account Summary: This is on Cavalry letterhead. It states an account number, defendant and co-signer names, name of original creditor, the wrong address,total balance (which is higher than the amount being sued for), a principal balance (the amount being sued for), and the original loan amount (less than the amount being sued for). It claims the default date was in 2010. Acknowledgment of Transfer: There are a few of these. None of them say any specific account numbers or names. Just that multiple accounts were transferred to new companys. It appears to have changed hands from USFB, to it's subsidiary within 3 months of the original disbursement date. From there when USFB and it's subsidiary closed up shop, it transferred again, and then again to Cavalry. Again none of these have any specifics to the defendents account itself. PHEW! So I think I answered all those questions! So now I should explain the defendants answer. They denied the debt and claimed the plaintiff has no personal relationship with the original creditor, claiming hearsay on the evidence in the complaint. Also for other defenses they listed lack of personal jurisdiction, standing, statute of limitations, also the fact that USFB never had a license to distribute online loans in Maine from the office in Rhode Island. They didn't make it fancy like the ones I've seen. And didn't reserve the right to add more affirmative defenses later. So now I'm stuck and don't know where to research further! Like I said they moved to have it transferred and we were told there was nothing we could do until we a new docket no. The original court had ruled for discovery but then the clerk said we needed to wait for the motion to transfer. So does that give us another chance for discovery? Can we ask for that from the new judge? Is anyone still reading this? Sorry this is so unbelievably long winded. I didn't intend for it to be. I just wanted to be thorough and maybe catch the heavy hitters' attention on here! Thanks again everyone and keep posting the great advice!
  20. Hello CreditInfoCenter Forum, I am currently being sued by CAVALRY SPV I, LLC. In California. This is a limited civil suit under $25,000 on a Bank of America credit card from 2009 that is long past the Statute of Limitations. I’ve attached heavily redacted versions of every article from the plaintiff, and every article of my own (the defendant). Please refer to these in the attached PDF form files. I could really, really use some guidance on how to proceed — this is my first time in a civil suit (or a suit of any kind) and I can not afford legal representation, so I have been forced to represent myself — Defendant in Pro Per. I am trying to the best of my abilities to navigate the legal spider web of the rules of procedure, but still I seem to be getting tangled up at every corner. At this point in time we are in the discovery process, and have completed a case management meeting, the plaintiff has served me Form Interrogatories, Special Interrogatories and Request for Admissions, I have only served an answer to the complaint, it’s unfortunate that I found this forum very late in the process, as I have one day left to respond to discovery set one (It must be mailed on the 9th) and I have only completed my response to FORM INTERROGATORIES, and even that I am very unsure of. I sought free legal aid to file my initial answer, I had the lawyer assert a number of affirmative defenses in my answer including Statute of Limitations, but I am not sure based on reviewing the answer filed that the lawyer filled out the answer in the ideal way. The lawyer failed to suggest to me Motion to Dismiss based on SOL, or demurrer SOL or Motion for Summary Judgement SOL, which I have since learned about on my own. CAVALRY SPV I, LLC. Has not sent me anything that would be construed as proof that they are the legal owner of this debt, yet they expect me to answer discovery revealing private banking information to what could potentially be a third party with no right to know? The initial summons and complaint state three credit card account numbers that did not appear anywhere in my records, and were not the original Bank of America account number. They are claiming in MULTIPLE places within discovery and complaint that I made a payment to them on 12/31/2012 and I made no such payment. I only have two bank accounts and have the records to prove that no payment was made to CAVALRY SPV I, LLC. from either account, let alone a payment on New Years Eve which assuredly anyone sober would recall. They have even gone as far as to completely FORGE a document in EXHIBIT 2 — This document is on CAVALRY letterhead with their company logo, an account number they seem to have made up out of thin air, and little more than a short transaction history of a credit that was never made, and a few adjustments I do not understand. (It seems this is a common tactic for CAVALRY, after reviewing their other suit in this Sub-Forum). I paid for and downloaded every article on file at the court’s website for this case, nothing related to chain of title or bill of sale anywhere. I have a number of concerns: 01. They have not proven ownership of the debt nor even tried to, and are asking for private banking information VIA Discovery? 02. The account numbers in the complaint are not the original Bank of America account number (Though they did later list the original account # in Discovery)? 03. Their SPECIAL INTERROGATORIES are basically empty except for a few definitions that relate to the REQUEST FOR ADMISSIONS, there are no questions in the SPECIAL INTERROGATORIES? Can definitions within SPECIAL INTERROGATORIES be applied to REQUEST FOR ADMISSIONS?! 04. Within the REQUEST FOR ADMISSIONS, they have a single request asking me to verify the documents in EXHIBIT 1 — EXHIBIT 1 is 52 pages of Bank of America credit card statements that COULD possibly be from my account, but I do not have many records of this account to compare to so I have no way of authenticating for certain? and they have already forged a fake transaction history document in EXHIBIT 2 so I have means to believe they could have done the same in exhibit 1? Further the last 12 pages of EXHIBIT 1 are Bank of America monthly credit card statements IN SPANISH, I do NOT speak Spanish?! Isn’t this also unjustly compounded? Using one request to ask me to authenticate over 52 pages of documents that are separate monthly credit card statements? The documents in EXHIBIT 1 are NOT NUMBERED or sequenced in ANY WAY so it would be impossible for me to individually accept or deny certain parts, I’d have to accept all 52 pages of statements in entirety as authentic? 05. One of the Discovery documents has my name spelled incorrectly. 06. I read something saying that they are required to try Alternate Dispute Resolution/ADR but they have not, they included an ADR Packet, but the ADR Section of the complaint was empty/not filled in and appears it is supposed to be? I have many other complaints and concerns but these are some off of the top of my head, I could really use any and all assistance in regards to this case and the best way to proceed, I honestly can not afford to lose, it would basically be the end of my family at this point, yet I can not afford representation either. Thank You very much for your time and Consideration, plaintiff_(full)_redacted.pdf defendant_(full)_redacted.pdf DRAFT form interrogatories (Answer) redacted.pdf
  21. Please Help!! Approx 2 months ago, i received a voice message on my cell phone from N&K that they were going to suit me and that that message was just a courtesy call. A few days into July, I am served papers stating that N&K filed suit against me for approx $4k near the end of June on behalf of razor capitol. I know i need to file a written response, but am at a loss on how to respond to this. I do know that razor capitol is not the original creditor and that the original creditor sold the "pool of receivables included in an electronic data file" (their words not mine). Also, in the suit papers filed, they keep referring to exhibit 1, but i can only find 2 exhibit A's, a page that only says exhibit B, and a page that is a summary of exhibit 2. Furthermore, i am even more confused because they originally state that it is an open-book account, but later state that it's an account stated in the second cause of action. Please help!! Thank u in advance to all who do
  22. Hi all, I have posted here before but I have not gotten much help, I am looking for someone to assist me with my case. I am being sued by Portfolio Recovery, I have about 5 more days to file an answer before I am too late. I do not know what to say or even how to say it. Basically I am crawling at this point and I need someone to help me walk!! PLEASE HELP! I am reading so much here but I just can't understand the language, its foreign to me!
  23. I am not a lawyer and need assistance in responding appropriately. I only received the Interrogatories March 8th but am required to respond in 15 days after service which was arch 4th . I have some answers but I have no clue as to if they are valid. I don't want to annoy the judge. However, I want to defend myself. In some instances it's unclear what the lawyer is even asking...PLEASE HELP! I believe a breach of contract exists due to circumstances at the time the contract was initiated. I can go into further detail once I get to affirmative defenses and whether they should be included with the interrogatories or separately. Below are the questions and some of my initial answers: INTERROGATORY NO. 1: If you intend to rely upon any documents, electronically stored information, or tangible things to support a position that you have taken or intend to take in the action, including any claim for damages, provide a brief description, by category and location, of all such documents, electronically stored information, and tangible things, and identify all persons having possession, custody, or control of them (Standard General Interrogatory No. 3). If you prefer, you may attach copies of all such documents to your answers to these interrogatories in lieu of describing each such document. RESPONSE: Objection: premature: Discovery is ongoing. Defendant's preparation for trial is not complete at this time. Also, Interrogatory is compounded and contains sub parts. INTERROGATORY NO. 2: If you are relying on an oral statement or utterance for all or any part of your defense in this action, please describe in detail each such oral statement or utterance, include the identity of each person with relevant knowledge and state the dates of each oral statements and utterance. RESPONSE: INTERROGATORY NO. 3: Identify each person, other than a person intended to be called as an expert witness at trial, having discoverable information that tends to support a position that you have taken or intend to take in this action, including any claim for damages, and state the subject matter of the information possessed by each such person (Standard General Interrogatory No.1) RESPONSE: Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process INTERROGATORY NO. 4: If it is your contention that you are not indebted to the Plaintiff as alleged in the Complaint or if you contend that you owe the Plaintiff only part of the amount claimed in the Complaint, state the amount you claim is due and state the factual basis for your contention. Describe, or in lieu thereof attach to your answers to these interrogatories, all documents related to or supporting any such contention. RESPONSE: INTERROGATORY NO. 5: If you contend that another person(s) or entity is responsible in whole or in part for the Plaintiffs claim or damages, then identify that person(s) or entity, and give a detailed statement of the facts upon which you rely for your contention. RESPONSE: Defendant objects to this Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. INTERROGATORY NO. 6: Separately state the factual basis for each defense you have to the claims set forth in the pleadings. REASON: See AFFIRMATIVE DEFENSE SECTION INTERROGATORY NO. 7: Itemize all payments made or tendered for the debt and/or contract at issue in this case by supplying the date, amount and form of each payment made. If any payment was made by check, also state the date the check cleared or was paid by the financial institution or bank that it was drawn on. Attach copies of all checks, receipts and/or other such proof of payment to your answers to these interrogatories RESPONSE: After engaging in diligent search and reasonable inquiry, Defendant is unable to comply with this demand because the items demanded are not in plaintiff's possession, custody, or control. To the best of Defendant’s knowledge, the items demanded are more likely currently in the possession, custody, or control of Plaintiff's, therefore DENIED. INTERROGATORY NO. 8: State each and every date you communicated with the Plaintiff or the Plaintiffs agents, employees, or representatives in writing or orally, regarding matters relevant to the issues addressed in the pleadings or your defense, and for each such communication, identify the person with whom you communicated, describe the substance of the communication and identify any witnesses to the communication. If any communication was in writing, you may attach copies of all such communications to your answers to these interrogatories in lieu of describing such communications. RESPONSE: Defendants object to the Interrogatories and Requests for Production of Documents to the extent that they are overly broad, unduly burdensome, oppressive, and/or seek information that is not relevant to the issues in this lawsuit or reasonably calculated to lead to the discovery of admissible evidence. Also, Interrogatory is compounded and contains sub parts INTERROGATORY NO. 9: If you have a claim for setoff, recoupment or the like in this case, please describe in detail the factual basis for any such claim, itemize your damages related thereto and describe, or attach to your answers to these interrogatories, all documents that support your claim and your damages. RESPONSE: See AFFIRMATIVE DEFENSES Section INTERROGATORY NO. 10: If you contend that the Plaintiff did not perform all the obligations and duties it had under the contract or agreement at issue in this case, or under any statute or law, please describe the factual basis for this contention in full detail. If your contention is based on or supported by any documents, describe, or in lieu thereof attach to your answers to these interrogatories, all documents related to or supporting any such contention. RESPONSE: Defendant objects to this Interrogatory on the grounds that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Also, Interrogatory is compounded and contains sub parts INTERROGATORY NO. 11: If your residence and/or mailing addresses have changed since entering into the contract or agreement at issue in this case, please identify each such address, the time frame for each such address, and the date and method you advised the Plaintiff of each such address. RESPONSE: Defendant objects to this Interrogatory on the ground that it Seeks information that is not relevant to any issue in this action; Seeks information not calculated to lead to the discovery of admissible evidence; Seeks information not relevant to any subject matter of this action. INTERROGATORY NO. 12: Identify each person whom you expect to call as an expert witness at trial, state the subject matter on which the expert is expected to testify, state the substance of the findings and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, and, with respect to an expert whose findings and opinions were acquired in anticipation of litigation or for trial, summarize the qualifications of the expert, state the terms of the expert's compensation, and attach to your answers any available list of publications written by the expert and any written report made by the expert concerning the expert's findings and opinions (Standard General Interrogatory No. 2). RESPONSE: In response to this interrogatory requesting information about experts, no determination as to who may be called as an expert witness has yet been made (see Interrogatory 3 Response). I reserve my right to further supplement this response when such information is known to me. Also, Interrogatory is compounded and contains sub parts INTERROGATORY NO. 13: If you contend that any of the allegations set forth in the pleadings are incorrect; identify each incorrect allegation and give a concise statement of the facts upon which you rely for your contention that the allegation is incorrect. Describe, or in lieu thereof attach to your answers to these interrogatories, all documents related to or supporting any such contention. RESPONSE: See Affirmative Defense Section