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  1. Let the fun begin! I am new here, and there is a ton of great information on here! I am thankful. This year, like others, I had a lot of loss. My fiance, father, dog and my job all passed away. I am involved with one estate and one probate case in two other states already. My bandwidth is completely tapped. I know that I can't compete in a legal battle when my heads not in the game. I am looking for a lawyer, licensed in Arizona, specifically Maricopa county to represent my intentions. I have interviewed a few litigation lawyers and many are not "Persolve-familiar". It is obvious Persolve likes to dig-in. I'd like to know about options. It is early, but that seems to be an advantage. All ideas welcome from here on. Backstory: 5/30/20 a $10,500.00 debt that I had with BBVA fell off the payment plan. (I have documentation.) 6/20 I called Persolve and I was told that they did not own the account even though BBVA Bank said that they did. 7/22/20 I receive my only letter from Persolve asking for $13,000.00. 8/19/20 I send a USPS tracked letter back to Persolve contesting the debt amount as being invalid. I am asking for a payment plan based upon the original debt amount. I ask for an explanation of fees. -no response- 10/20 I send an email to Persolve from the original 7/22 debt document. -no response- 12/1/20 I send another trackable USPS letter demanding communication. I send a $50.00 dollar payment in a money order as an act of good faith for a payment plan. -no response- By this point they have violated all terms of the Fair Trade Credit Act 12/28/20 I received an advertisement from some third party debt settlement company asking if I want help with my court case. News to me that I had a court case. The court case was filed 12/11/20. I have yet to be served. I cannot access my documents online from the case until served in Maricopa county. They have 90 days to serve me here. I believe that I have 30 days to respond. At all costs I would like to avoid a judgement. Definitely report Persolve's violations of the Fair Debt Collection Practices Act (https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#805) to the bar or attorney general. I learned from the Arizona Dept. of Financial Institutions that because Persolve is law firm in CA they are not governed by the normal Debt collection obligations in AZ. I learned that it is loophole and nothing can be enforced until the lawyer misbehaves and that would be AZ Bar related. Unless it is all filed in CA.
  2. I hired a lawyer to represent me and to try and have 2 small collection accounts owned by different collection companies removed from my credit report. Both of them I could pay in full if required and my intention are to negotiate the best deal that improves my credit score. One company has told my lawyer that they do not remove record of collection from the credit report, and the other has not responded to my lawyer yet. I am wondering which scenario would be a better option for my bank account and credit score which is in the mid 600's right now. 1) Ask my lawyer to negotiate harder for the removal of the collection based on full payment. 2) Negotiate a lower amount with those not willing to remove collection account from credit report. 3) Pay in full and accept the terms of the collection agency. I am not sure or experienced in how much a full payment vs lower payment would affect me with my credit and current scores. Also I am wondering if the contact initiated by my lawyer resets the report date and extend the time it remains on my credit report? Thanks in advance for any helpful advice you can give!
  3. Hi Guys, so I was served with a second lawsuit. Ughh just my luck! Now I am being sued by Portfolio Recovery Assoc. They only provided me with 5 page booklet. The first two has the court serve paper, the 3 -5 are their request regarding suit. I posted pictures below. They did not provide me with any affidavits or witness or agreements or anything like how midland did. How can I dispute this. Can someone help me or provide me a template I can use for my answer that I can quickly modify or use it .I need to turn it in asap and how should I handle this,, any thoughts or assistance? 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? Portfolio Recovery a$$ 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) County Court 3. How much are you being sued for? 1,290.05 4. Who is the original creditor? (if not the Plaintiff) Synchonry Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so 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 received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2017 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. 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 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). None. 16. 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? 14 days Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None just their 3 pages of petition and the original and copy of serve document. 18. How did you find out about this site? Google 18. Read these two links:
  4. Good evening, I'm so glad I found this forum and hoping I can get some insight on how to handle this legal issue. I just received a priority letter (attached) from Discover stating that if I do not contact them by April 30th, they will obtain a lawyer to collect. The $3,000 debt has incurred fees and is now sitting at $3,600. Last year prior to having no choice but to let the debt go, I had an automatic payment plan setup for $60/month which was fine for a little over a year until I had medical problems. I knew that would be out of work soon so I picked my poisons and decided to pay off my smaller debt credit cards which are now in perfect standing, and let the larger Discover card debt go. Here it is a year later and I'm unemployed but going to college full-time. I have zero income and will need to take a student loan next semester to finish paying for my degree. My question is, I've read a little bit on here about arbitration and curious what that is, how it could help and if it's a good option for me. If so, how do I begin that process? My next question is, I've read about them possibly garnishing my bank account for payment. Since I plan to take a student loan next semester (August), will they take my student loan money?? I really need to complete my degree so I can get back to work and earn income lol. Thank you in advance!
  5. Soooo. This is my arbitration clause. If I lose in arbitration, am I liable for all of the arbitration fees and everything else as well? Or just the amount they say I owe in suit (around 3200)? Just confused. According to what I could find on the barclaycard website the card agreement does indeed have an arbitration clause. I have included it below. It seems contradictory though. As I understand it they agree that they cannot/ will not be able to charge me for any fee that they accrue during arbitration? So worst case scenario I am required to pay off the full amount of the suppised debt. Default/Collection Costs. Unless otherwise prohibited by law, your Account will be in default and we may demand immediate payment of the entire amount you owe us if: 1) in any month we do not receive your Minimum Payment Due by the Payment Due Date; 2) you make Purchases, initiate Balance Transfers, use a Check, or obtain Cash Advances in excess of your credit line; 3) you fail to comply with this Agreement; 4) there is a filing for your bankruptcy; 5) you die or become incapacitated; or 6) we believe in good faith that the payment or performance of your obligations under this Agreement is impaired for any other reason. As permitted by applicable law, you agree to pay all collection expenses actually incurred by us in the collection of amounts you owe under this Agreement (including court or arbitration costs and the fees of any collection agency to which we refer your Account) and, in the event we refer your Account after your default to an attorney who is not our regularly salaried employee, you agree to pay the reasonable fees of such attorney. We will not be obligated to honor any attempted use of your Account if a default has occurred or we have determined to terminate your Account or limit your Account privileges (as discussed below). ARBITRATION. At the election of either you or us, any claim, dispute or controversy (“Claim”) by either you or us against the other, arising from or relating in any way to this Agreement or your Account, or their establishment, or any transaction or activity on your Account, including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement) Claims regarding the applicability of this arbitration provision or the validity of the entire Agreement, shall be resolved exclusively by arbitration. For purposes of this provision, “you” includes yourself, any authorized user on the Account, and any of your agents, beneficiaries or assigns, or anyone acting on behalf of the foregoing, and “we” or “us” includes our employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns, and to the extent included in a proceeding in which Barclays is a party, its service providers and marketing partners. Any Claims sought to be made or remedies sought to be obtained as part of any class action, private attorney general or other representative action (hereafter all included in the term “class action”) shall be subject to arbitration, and arbitrated on an individual basis between you and us, not on a class or representative or other collective basis. The arbitrator shall not have any authority to entertain a claim, or to award any relief, on behalf of or against anyone other than a named party to the arbitration proceeding. If any Claim is advanced in a court, arbitration may be elected under this provision instead, and the right to elect arbitration shall not be deemed to have been waived if the election is made at any time before commencement of trial. Alternatively, you and we may pursue a Claim within the jurisdiction of the Justice of the Peace Court in Delaware, or the equivalent court in your home jurisdiction, provided that the action remains in that court, is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action. The arbitration shall be administered by the American Arbitration Association, www.adr.org, 950 Warren Avenue, East Providence, Rhode Island, 02914, 1-866-293-4053 (the “Administrator”). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms at its web site or by mail as set forth above. The Administrator will apply the rules and procedures in effect and applicable to the claim at the time the arbitration is filed. The Claim will be heard before a single arbitrator. The arbitration will not be consolidated with any other arbitration proceedings. The Administrator shall resolve each dispute in accordance with applicable law. If you commence arbitration, you must provide us the notice required by the Administrator’s rules and procedures. The notice may be sent to us at Barclays Bank Delaware, P.O. Box 8801, Wilmington, DE 19899-8801. If we commence arbitration, we will provide you notice at your last known billing address. We agree to honor a request by you to remove the action to a Small Claims Court, provided that we receive the request within thirty days of the notice of commencement of arbitration. Any arbitration hearing at which you appear will take place at a location within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. No class actions, joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both you and us. In the event that there is a dispute about whether limiting arbitration of the parties' dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration. A party can file with the Administrator a written appeal of a single arbitrator’s award within 30 days of award issuance, requesting a new arbitration in front of three neutral arbitrators designated by the Administrator. The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Judgment upon any arbitration award may be entered in any court having jurisdiction. We will pay, or reimburse you for, all fees or costs to the extent required by law or the rules of the arbitration Administrator. Whether or not required by law or such rules, if you prevail at arbitration on any Claim against us, we will reimburse you for any fees paid to the Administrator in connection with the arbitration proceedings. Under no circumstances will we seek from you payment or reimbursement of any fees that we incur in connection with arbitration. In addition, in any arbitration that you elect to file that could be heard in Small Claims Court in your jurisdiction, we will pay the filing fees and other arbitration fees above the cost of filing in that Small Claims Court. If you are required to advance any fees or costs to the arbitration Administrator, but you ask us to do so in your stead, we will consider and respond to your request. This arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the termination of the Cardmember Agreement and the Account relationship, including your payment in full, and your filing of bankruptcy. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now or hereafter owed by either party to the other under this Agreement. ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.
  6. 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]
  7. First of all, Thank you for any and all assistance. I recently recieved a subpoena notifying me that I am being sued by Portfolio Recovery Associates. I have never been issued a subpoena before and have no clue what to do. I am panicking. I have attached the first 5 pages of the subpoena. The other documents included are sell of the debt and a credit card statement from 08/2012. If I need to include those, then I will. The documents have been edited to remove personal information (name, address, case number, ect.) If needed, I will PM you. Thank you again, redd4949 Here is how it reads. Portfolio Recovery Associates LLC Assignee of In the Justice Court HSBC Bank Nevada N.A. Capital One N.A. / Best Buy Harris County, Texas Plantiff Precinct 4, Place 2 vs. 7900 Will Clayton Parkway My Name Here Humble, TX 77338 5849 Defendant 713 287-2450 Citation (Debt Claim Case) The State Of Texas County of Harris: To: ANY SHERIFF, CONSTABLE, PROCESS SERVER CERTIFIED UNDER ORDER OF THE SUPREME COURT, OTHER PERSON AUTHORIZED BY COURT ORDER, OR CLERK: Deliver this citation, together with a copy of the petition, to: My Name Here My Address Here My Phone Number Here TO THE DEFENDANT: You have been sued. You are commanded to appear by filing a written answer to the petition filed by Plantiff with the Clerk of the Court on or before the end of the 14th day after the date of service of this Citation. If you fail to file an answer as required, a judgement by default may be rendered upon the plaintiff's proof of the amount of damages. Date Petition Filed : 10/02/15 Nature of demand made by Plaintiff(s): money owed in the amount of $1381.04 together with attorney's fees, cost of court, interest as provided by law and general relief. A copy of the Petition is attached. You have been sued. You may employ an attorney to help you in defending against this lawsuit. But you are not required to employ an attorney. You or your attorney must file an answer with the court. Your answer is due by the end of the 14th day after the day you were served with these papers. If the 14th day is a Saturday, Sunday, or legal holiday, your answer is due by the end of the first day following the 14th day that is not a Saturday, Sunday, or legal holiday. Do not ignore these papers. If you do not file an answer by the due date, a default judgment may be taken against you. For further information, consult the Texas Rules of Civil Procedure, Part V, Rules of Practice in Justice Courts. A copy of the Rules is available at http://www.jp.hctx.net/ or at the Justice Court.
  8. I am at impasse with a debt collector reporting on my credit report as the current owners of an alleged old second mortgage debt. A few years ago the last supposed owner of this alleged debt was unable to validate it so it came off of the credit report. This was prior to my becoming a citizen of Texas. Green Tree now pops up claiming to own the debt on my credit report and it looks like they have been reporting it since March of this year. Before educating myself with TFC 392, I requested validation through the credit bureau website thinking there was no way they could validate it because the last guy wasn't able to but they did. How is this possible? if they did in fact purchase the right to collect on this alleged debt, they should not have been able to verify because the documentation required for that doesn't exist. On top of that, they never sent anything to me showing that they were the new owners of the alleged debt. So how do I get rid of these guys? Good news is the alleged debt is SOL. My initial thinking was to try to use portions of TFC 392 and demand that they remove all trade lines within 5 days because they were lying by verifying the debt to begin with but I wasn't sure I could because I did not invoke TFC 392 in my request for verification with the credit bureau. I was also going to threaten to file a claim against their bond, send a complaint to the FTC, BBB, AG and CFPB. They've already gone through so much litigation with the FTC, you would think they would clean up their act. Any advice on how I should handle this? Thank you for your help, guys!
  9. Hi all, I'm a new user here, and new to all of this, (hence my user name) so please forgive my ignorance, because I'm sure there is a lot of it. Anyhow, I'm in Southern California, and about two weeks ago, a man came to my house and wanted to give me papers. I never identified myself as the person they were looking for (nor did the words "served" or "you've been served" ever come out) and the man just dropped off the papers and left. Now I spent the last two weeks doing research on what to do (I don't have an income but my wife does, we don't own our house nor our cars, no really significant assets) and/or who to contact. Fast forward to today, and the same guy comes back asking for my wife. Turns out it's the same legal firm, for the same company (Absolute), for the same card issuer (Capital One), but for an amount that is about four times the amount they are suing me for ($3,200/$900). So what information should I provide here? I'm not entirely opposed to paying the debt, but I hate to line the pockets of a random junk debt buyer. The first summons was brought here on September 10th (says the summons was issued on August 29th) and then the second one (for her) brought here today (issued September 10th). I don't have the money to file an answer. We don't have much income after we pay the necessities (rent, car payment, car insurance, utilities) and our son is special needs. Not sure if that matters or not, but I heard I could possibly get the fees waived? I don't want to ignore these and have $4,000 turn into $10,000 and have wages garnished. I check the SOL and it looks like they filed the suit a few days before it was up. They attached evidence such as a statement showing my last owed balance along with a payment (both in 2010 one for each card) and a form that showed they purchased the debt from Capital One for $32 million dollars (hers said $12 million). The amount they paid for the debts is blacked out. There's also a form from the CEO of the company saying they took ownership of the debts. Our account numbers aren't anywhere to be seen, except of course on the statements. There's also a notice at the back that says we can avoid court by calling in and arranging payment, along with another series of papers asking for a reduction in the filing fee for $44. Not sure what that is about. Both cards have a combined interest/fees amount of $600-$700. Both lawsuits say a hearing is scheduled for 2017 in Chatsworth courthouse. Not sure why it's so far in advance. Nowhere on the papers does it say we have to be in court. So what are my options at this point? Please ask as many questions as needed, I will provide any information I can that will help me out. I appreciate all the help, and God Bless. I almost forgot, they are suing for: Breach of contract, account stated, open book account, and indebtedness on both lawsuits.
  10. I am being sued by a lawyer for a JDB and have a few questions. On the Summary of the Pre-Trial Conference, the Judge marked that I have an additional 21 days to Amend my pleading. (I think he did this because I messed the first one up so bad.) Unfortunately, I sent in a second pleading, a little better than the first but still lacking, (after reading here, greatly lacking), my question is, can I file another pleading to replace the 2nd pleading? I still have til the 28th of Nov before the 21 days are over. Can someone give advice? Thanks, Lost
  11. I have a judgment granted against me from 2009. My bank contacted me and informed me the debt collectors subpoena my records and at the specific date on the subpoena they will turn the records over to the debt collectors. I called the debt collectors seeking a way to settle the debt, I was willing to do payment arrangements, but I am not comfortable with the fact they don't want to spell out in a letter stating at the end of the payment arrangement, the judgment is satisfied. The representative went into a bull spill about being able to levy my bank account….blah, blah, blah! I tried to settle for half of the judgment, but they would only do 75% of the judgment. Need help on next steps...
  12. I would like to post regarding my situation. I would appreciate any advice that can be given. I have recently been told that I have a garnishment that will begin in about a month from now. I was taken aback because I have been attending to my credit reports for the past couple of years very closely. I have fair to good credit scores and I never saw anything pertaining to bad debt. I began searching for what the issue was. I went to the court house where this originated. In the whole process I have found: A credit card was charged off in 2006The "placement manager" for the credit card company did an affidavit stating that something is true and correct (there is no additional documents to see with this affidavit)A complaint was filed and a summons issued in March 2006I was allegedly served in April of that same year; HOWEVER this is impossible because I did not live at that address at that time. And I have documentation from my former landlord to support this.A default judgment was ordered.This year, 2013, the lawyer signed an affidavit to serve my job (not me)There is a proof of mailing (mailing what? I don't know because there are no other documents with it). And also they mailed it to the address from 7 years ago again, although they should have had my address from my job.The lawyer and circuit court clerk signed a "renewal of judgment" in May 2013. Apparently there is no need for a judge for this.A suggestion of writ of garnishment was signed and issued in August 2013.My thought is that it should be thrown out due to: Statute of limitations (3 years in MS) No due process (I was never served)However, the few lawyers that I have attempted to contact basically say that it is my word against the service processor and do not want to take the case. Even though I have a statement from my previous landlord. Some have also said to file bankruptcy. I have decent credit through my own diligence and trying to resolve anything on my credit reports. I know that both bankruptcy and garnishments wreak havoc on credit scores. This whole situation seems wrong. But it seems like I cannot find anyone to help.
  13. *UPDATE - UPDATE - UPDATE* Looks like Midland is requesting to dismiss the case! See Post #20... Ok, my trial is set for May 24, 2013 (Civil Trial Assignment). Seventeen days away. I've pretty much done things half-heartedly up til now - and now I'm a mess. Yes, my own fault in not attacking this thing head on. Today I tried to file a Graduated Sworn Denial on Account and the clerk said that "Never seen one of these before, this looks like an Answer...we can't file this" she had me confused when I left the courthouse empty handed and back home feeling downtrodden. Since I don't feel like I know enough and time is short (still working on My MIL and Trial Brief with help from ASTMedic and Aticnib's great posts) I'm beginning to wonder if it's realistically too late to win with any possibility and maybe I should bluff my way to a greatly reduced settlement. Question #12 in my Q&A below explains what I've done/sent so far. Where do I go from here? What should I do. I'm lost. Any responses or help is so greatly appreciated! (scared in Sac)... Pint
  14. The cause of action listed are 1. Account stated and 2. Money Lent Paragraph 1. The true names and cpacities of Defendents herin sued by the fictitious names as DOES 1 to 10, Inclusive are unknown to Plaintiff, who therefore sues those Defendents under, pursuant to, and in accordance with the provisions of Section 474 of the Code of Civil Procedure. Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities of Defendents named herin as DOES 1 to 10 have been ascertained. Paragraph 2 At all times herein mentioned, Defendants, and each of them, were agents, servants and employees of each other and every remaining Defendant, and in doing the things alleged were acting in the course and scope of said authority of such agents, servants and employees. 3. Plaintiff is now and was at all times herein mentioned a limited liability company authorized to do business in the State of California. 4. Plaintiff is informed and believes and thereon alleges that Defendant XXXXXXX AKA XXXXX is an individual who resides in the City of XXXX, County of Los Angeles, State of California. 5. Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the Defendant(s) in writing that it intended to file this action and that this action would result in a judgement against Defendant(s) that would include court costs and necessary disbursements allowed by C.C.P. 1033( (2). FIRST CAUSE OF ACTION Account Stated (Against All Defendants) 6. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 5 of this complaint. 7.On July 31, 2009, defendants were indebted to the original creditor xxxx in the sum of $x,xxx.xx on an account stated in writing. This xxxx account was for credit card purchases and/or cash advances and Defendant was billed monthly and failed to dispute as required under Federal Fair Billing Act applicable to such account (15 USC 1666 et seq.) 8. Prior to filing this complaint, all right, title and interest in the agreement which is the subject of this lawsuit, was sold and assigned by the original creditor, xxxx to CAVALRY SPV I, LLC. 9.Plaintiff made demand on defendants for payment of that sum, but no part of that sum has been paid to plaintiff, and the entire amount is now due and unpaid. 10. The payoff on this account as of July 31, 2009 is x,xxx.xx, plus interest will continue to accrue at the rate of 19.990 from July 31, 2009. SECOND CAUSE OF ACTION Money Lent (Against All Defendants) 11. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 10 of this complaint. 12. Within the last four years Defendant became indebted to original creditor xxxx, in the sum of $xxxx.xx for money lent to or paid out for the benefit of Defendant at his/her request, based on Defendant use and benefit of his/her account. 13. Neither the whole nor any part of the above sum has been paid , although payment has been demanded, leaving a balance due, owing and unpaid to Plaintiff in the principal amount of $xxxx.xx, plus interest at the rate of 19.990% per annum, and costs of suit.
  15. Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to prove what I allegedly owe and how MSA came up with the amount that I allegedly owe. I also read online that a lot of people saying that they won just by responding to the summons by writing the Request to Validate a Debt. I went to the court clerk to file a response, but the clerk said that my letter is not valid and they don't accept it. She said I needed to file legal papers. They said I need to hire an attorney and file the same paperwork as the summons I receieved. I do not know what to do, I am being sued for $1,261. Can someone or a lawyer please help me out?? It would be greatly appreciated!!! 1. Should I just call the Main Street Acquisition Corp and pay off the debt? If I call the plaintiffs attorney to pay off (the summon only has the attorney info and no info for Main Street Acquisition), do I need to somehow respond to the summons with the court? Can anyone help me explaining this process? 2. Is it true that the letter I wrote is not valid to respond to the summons? Do I have to hire an attorney to file the response? How come the internet, people wrote that they were able to reply by only mailing a Request for Debt Validation letter? 3. Is there any other way to beat this without hiring a lawyer? LETTER I WROTE TO RESPOND: DEFENDANT: name address PLAINTIFF: name address Re: To Whom It May Concern: I am sending this letter to you in response to a summons I received from you on date. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: Provide copies of all documents or correspondences of what the money you say I owe is for; Explain and provide all documents or correspondence to show me how you calculated what you say I owe; Provide copies of all documents or correspondences that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Any and all copies of documents or correspondence from the Defendant to Plaintiffs predecessor in interest regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from Plaintiffs predecessor in interest to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Defendant to the Plaintiff regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Plaintiff to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Prove the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; and Provide me with your license numbers and Registered Agent.If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of CharacterIf your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards,
  16. I was sued a couple months ago by a debt collector for unpaid credit cards. and hired a lawyer who said would take of it and would contact all the creditors to settle my debt (I paid the lawyer). However a Default judgement was granted against me and a different Credit Card case is about to be judged. I just received a letter that i'm in default for not responding personally or through a lawyer, who said he has entered on my behalf!! I don't know what to do. I've already paid my lawyer, but it seems like he's not doing anything. Its been almost 3months and all he says he hasn't received any responses from my creditors. What should I do about the pending case and my Lawyer!!. Please ADVISE!!
  17. I have read so many different rules about collection agencies and junk debt buyers and their ability to report on your credit report. Ive compiled some questions below specific to my situation. If anyone can give me some insight, it would be helpful. Questions Regarding Debt Collection Accounts (Not w/ original creditors, sold to 3rd parties after charge offs) 1.) Are debt collectors allowed to make repeated hard inquiries to one's credit report? 2.) If a debt collector assigns an attorney to your account, can the attorney make repeated hard inquiries to your account? I've had a "frederick j hanna" lawyer make three hard inquiries in a period of 2 weeks. 2.) Should a debt collection account be listed as an OPEN account or CLOSED account on one's credit report? 3.) Shouldn't these collection accounts be under "Collections" rather than open/closed? 3.) Should the 'Date Opened' reflect the month/year that the collection agency acquired the account from the original creditor? 4.) Should the 'Balance Date' reflect the initial balance after acquiring account from original creditor OR should it be the updated balance indicating when the account was updated? 5.) Are debt colelctors allowed to make incomplete credit report entries, such as as collection account with no balance listed or no dates? 6.) What does Loan Type "Factoring Company Account" mean? 7.) How can a past due status be more than the high credit? 8.) what should i do if a debt collector who owns the account is reporting it as an installment account when it is not? (I have three collectors reporting this incorrectly) Believe it or not, I have one LVNV funding account which has posted the same account TWICE, once under OPEN accounts and once under CLOSED accounts! Questions Regarding Accounts Listed Under Original Creditors (after being charged off and sold) 1.) If an original creditor account is listed as a charge off on a credit report (and is has been sold to a collector), should the 'Account Status' be 'Collection' ? I have one that still has a '120 Days late' notation even though its been charged off. 2.) Should the 'Balance Date' reflect the last date updated or date they sold the charged off account? 3.) Under one charge off, its noting delinquencies in the months preceding the charge off, however, there was no account activity for two years. Last delinquencies listed should be last activity right? 4.) What if an account was charged off and sold, shouldnt it be then noted as Balance: $0 ? If it helps, some of the scum im dealing with is ARROW FIN, LVNV, and MIDLAND.
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