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  1. I have picked these up over the years and would like to post them in one place. Hopefully they will prove as useful for someone else as they have been for me. If you have more stuff like this, please post it to this topic! Some are written by consumer attorneys (Edelman, Combs and the like) and others are written by the attorneys from the dark side as ways to weasel out of FDCPA liability (it's always a good thing to know what the other side is thinking). Pro-Consumer: Defending credit card cases, 2009.pdf Ethical issues of JDB suits.pdf FDCPA CASE LAW, NCLC.pdf FDCPA, Edelman Breakdown-
  2. Hi Everybody, I am being sued by Cavalry SPV I, LLC for a Citibank credit card account I defaulted on while I was having a very rough few years (depression, divorce, joblessness, underemployment, homelessness, loss of family member, etc.). Things have turned around since - credit score recovering and thankfully, never had to file bankruptcy. I believe in paying back my debts but Citibank got too greedy and lost me. Had their terms not have kept changing, they'd probably still be reaping the minimum payments off me (that is, of course their whole purpose as an institution?). I ha
  3. Hello, This forum is great. I've gotten so much great information from here and also wanted to share my progress. I am currently in ligation with a junk debt buyer(JDB) who is suing me for $42K+ in an unlimited civil case in California. Here is the timeline of how everything went down: JDB sent me a letter for the first time on 10/25/2019 It said that they are now the owner of the debt. They stated that the account was charged off on 11/21/2018 and that they're charging 10% annual interest since the charge-off date. They gave me two optio
  4. Hello everyone, I am being sued by Midland Funding in Georgia and they are being represented by Aldridge, Pite, Haan, llp. I would like to defend myself against this case and hopefully get it dismissed. I was served on August 11th and know I need to file an Answer within 30 days. Any help or advice people can offer is greatly appreciated. 1. Who is the named plaintiff in the suit? Midland Credit Management, Inc as assignee of CITIBANK, N.A 2. What is the name of the law firm handling the suit? ALDRIDGE,PITE, HAAN LLP 3. How much are you being sued for? 4036
  5. 1st I would like to thank everyone here for these forums because if it weren’t for all of you, I would have hired an attorney (that I cannot afford) or just not show up in court! These forums have helped me A LOT. However, I’m confused on what to do next. Up to this point, I’ve filed my answer denying the debt & also filed a request for production. So far, Midland’s attorney has 2 days left to answer my request. So my question is, what if they don’t comply? I’m confused on what to do next. Do I file a motion to compel or is it possible to ask for a dismissal? Our court date is in 3 weeks.
  6. Good afternoon, I am working with a friend (I am asking him to post his own information here this week), and had a question about arbitration on vehicle purchase and financing agreements. I am making this post with his permission. My friend bought a car in 2016 and financed through Santander Consumer USA. Later that year, he had the car repossessed. Car was sold, and my friend owned the balance. The debt was then purchased by a company in Missouri. The filed suit last month and my friend answered within the time allowed. Here is my question - I know the government has a dat
  7. Hello, i hope all is well. I'm writing this post today to ask for advice from anyone that has knowledge about or experience with JDB's or even with Unifund/Kenosian for that matter This past weekend i received this letter in the mail from Kenosian and Miele on behalf of Unifund CCR, LLC. The letter was dated 8/9/2019, today is 8/19/2019. I've been digging through the internet for as much information as possible but i still would like an experienced outside opinion as well. Should i dispute? Should i prepare myself to go to court? I haven't been summoned as
  8. I tried my best to search threads with similar cases but the more I read the more overwhelmed I get. I have learned a lot and the arbitration route I should try and go, but I have a few questions of my own, as well as things I would like to confirm. I really don’t want to mess this up. I don’t know how different New Mexico laws are regarding this compared to the other cases I’ve read like from Texas and Georgia. 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
  9. 1. Who is the named plaintiff in the suit? Velocity Investments, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gurstel Law Firm, P.C. 3. How much are you being sued for? ~$17k 4. Who is the original creditor? (if not the Plaintiff) Prosper 5. How do you know you are being sued? (You were served, right?) Informed by my mother that service had been attempted on their house and left on the porch. 6. How were you served? (Mail, In person, Notice on door) Service was in-person, reject
  10. Because I had a deadline looming, I had my attorney respond to a complaint filed by a JDB’s attorney. I’m going to take things over from here to keep my legal fees to a minimum. I have the Plaintiff’s first set of Interrogatories, Request for Production of Documents, and Request for Admissions. I also received a copy of the purchase agreement and bill of sale in response to “Lack of Standing” as my affirmative defense. I read an older string of messages on this site that went into detail about documents that prove the purchase or transfer of ownership from an original credit
  11. Good Day All, After receiving mail from bankruptcy lawyers about a pending lawsuit I thought to Look Up Cases / Balances in my district. Lucky me own case number and register of actions. Never having been through this I want to be as proactive as possible. This suit will be within the SOL unfortunately. I am being sued by Portfolio Recovery Associates LLC (“PRA” [took forever to figure that abbreviation out]). The attorney listed is Michael J. Olcese. The ROA only lists a few things thus far: · Summ & Comp filed · Summ & Comp By Pla
  12. Hello, I just received a summons from Cavarly. I would like some advice on how to proceed. I read some old posts regarding filing a motion to dismiss and/or an answer. I would like to see if those older posts from a few years ago still apply in Michigan. Please advise. I appreciate all the help. Thank you.
  13. I was sued by a JDB, and properly filed a MTC arbitration. Before the motion could be heard, the JDB filed for a default judgment. Eventually the MTC was granted. Did the JDB violate the FDCPA by filing for default once they knew I was demanding arbitration?
  14. Hello Folks, While viewing my free credit reports I see that one of the agencies shows Portfolio Recovery Assoc, LLC as in collections. I am in the midst of Warrant in Debt litigation (in Virginia) with PRA on an alleged Capital One credit account. Why do I not see Capital One listed in my credit report? Has PRA completely and/or LEGALLY taken the place of Capital One so that the original debt will no longer be reported with the reporting agencies. Is PRA in violation of the Fair Credit Reporting Act and/or the Fair Debt Collection Practices Act? Can I now submit that credit repor
  15. Good Morning, My husband was served in person for a suit against me. I am trying this morning to see if I can find a local attorney to perhaps file all this for me. However I have been reading this site and this is my details. Any recommendations for what I should expect to pay an attorney to do this? I have found a Credit card agreement from Paypal which my card was branded. It does include an arbitration agreement. I have 20 days to file my reply. I was served on the 2nd. So I have 7 days down and of course the weekend is here. So I have to handle this in some way next week.
  16. Can anyone help me with a general denial in California? Being sued by Winn law group for Cavalry LLC. I just don't know what to put in this box on the general denial? I am not outside the statute of limitations. I was planning on fighting that they don't have proof of the debt as they only sent me a couple of old billing statements. What do I write?
  17. Hello, Being sued by Shermeta Law Group in MICHIGAN. Filed my answer, defenses and sworn affidavit of denial on time. Sent my jdb discovery request, 30 days have passed with no response. Followed up with a phone call then a meet and confer letter. JDB sent a settlement offer in the mail which I never responded to soon after receiving my meet and confer letter. Offered to settle for $1000 instead of the original $1886. JDB followed up with a call to then tell me that he doesn't have to respond to my interrogatories request because the judge hasn't started discovery yet.
  18. I sent a notice to the plaintiff for written interrogatories, request for production of documents, and request for admissions. This is there responses. SECOND ROUND SUB LLC DEFENDANT’S FIRST SET OF WRITTEN INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS AND REQUESTS FOR ADMISSIONS (NOTE: This Document contains Requests for Admissions) DEFENDANT’S FIRST SET OF WRITTEN INTERROGATORIES TO SECO
  19. A Civil Complaint was filed against me by an attorney representing a JDB. They amount the claim I owe is between $6,000-7,000. Because I was up against a deadline, and didn't want to risk a default judgment, I had an attorney prepare an answer for me. It's someone I know, so I felt comfortable going to him. BIG MISTAKE! He talked me out of including the contract's arbitration clause as an affirmative defense because he said I could be held responsible for paying the plaintiff's attorney's fees and arbitration costs if I lose. From what I understand, a consumer is only responsible
  20. 1. who is the named plaintiff in the suit? MIDLAND FUNDING 2. what is the name of the firm handling the suit? 3. how much are you being sued for? 4. who is the original creditor?(if not the plaintiff) DILLARDS 5. How do you know you are being sued? (you were served, right?) YES I WAS SERVED IN PERSON 6. how were you served? IN PERSON 7. was the service legal as required by your state law? YES 8. what was your correspondence (if any) by the people suing you before you think you were being sued? I FOUND AN OLD LETT
  21. I recently received a Summons and Complaint that I need to respond to. It was filed by the attorney of a JDB. Here are their edited down allegations. I don't know if my answers should simply be "denied" or if I should provide any details. My spouse and I are the owners of a particular business. Answer: Denied. (It's a Sole Proprietorship and I am the sole owner. ) Defendants entered into a series of loan agreements with the original creditor Answer: Denied Defendants breached the terms of the loan agreements. Answer: Denied (The complaint does not
  22. I have edited this post to include this introductory statement because there's a lot here and I feel it's important to read through this saga knowing ahead of time how it will end. You will see how much work and attention to detail I gave this case but it was not enough to come out on top. I lost in Justice Court when the Plaintiff filed a Motion for Summary Judgment (MSJ) and was unable to get the appellate court to reverse the lower court's ruling. Here is the thread for my appeal:
  23. Well we all know why I am here lol. Got summons and I visited 3 lawyers and determined I can not pay their price. I turned to google and filed my answer within my 30 days. I was sent a notice a week later to be at court Oct 12, 2016 9am. The same day I got this court notice I was summons from LVNV and did the same with them. Filed my answer and yesterday I got a request for admissions and production from LVNV (made a new thread for them). I am curious as to why PRA has not sent me a discovery yet. Can I still file a motion to dismiss? Summons came with complaint Affidavit -employee
  24. Hi. This is my first post here. I've been searching high and low for help regarding a lawsuit filed against me by Portfolio Recovery Associates in Los Angeles County, and I'm at a loss as to how to proceed. I'm unable to afford an attorney, but my research has shown me that you can defend yourself on these cases, and actually have a decent shot of winning. After they initially served me, I figured out how to respond to their summons, and I did so with about as many affirmative defenses as I could find. Unfortunately, I missed the discovery phase and only started paying attention to the c