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Found 5 results

  1. In oct/nov of this year I was sued by Eaton Group for old debt. I have made a payment within the last year or so but it's been a while. I can't reach them on the phone after numerous attempts and leaving voicemails. I've sent a certified letter and lately I've been faxing them to avoid further legal action. And to set up a voluntary payment plan! Also they want me to sign a consent judgment and my friends keep telling me not to sign it. I need Louisiana advice please!
  2. Hi forum, after some research this seems to be the best place I can find to ask for some guidance from others who have been in similar situations. Firstly I reside in Louisiana and have so for all my life. This morning my husband received a knock at the door, upon peering out the window he saw a sheriffs deputy holding some paperwork. I should also mention that our american bulldog (who is a big baby) barks quite ferrociously when our door is rapped upon. My husband called through the door and asked what the deputy needed. He said he had paper work for Me (Said My Name). My husband informed the deputy that I was at work and asked him to leave the papers outside the door. The deputy replied that he could slide them through a crack in the door, but "please dont let the dog out" (LOL) He slid through the door a citation for me for a "Request for Admission of Fact" from Midland Funding llc. What is odd is that he I think the barking dog made him so nervous that he fogot to sign the papers. The bottom of the citation reads as follows __________________________________________________ SHERIFF'S RETURN LAFAYETTE PARISH SHERIFF DATE SERVED:__________________,20______TIME:_______ SERVED:____________________________________________ PERSONAL( )________________________________________ DOMICILLARY ( ) ON___________________________________ UNABLE TO LOCATE MOVED ( ) NO SUCH ADDRESS ( ) RECEIVED TO LATE FOR SERVICE ( ) SERVICE OF WITHIN PAPERS COSTS FEE $__________ MILEAGE $___________ TOTAL $__________ DEPUTY_______________________________________________ The deputy didnt fill out any of this form. My question is: Is this something that I could potentionally use to my advantage in my dealings with Midland Funding LLC? any ideas or suggestions would be GREATLY appreciated as I have never had to deal with a debt collector in this way. Also, I am in need of guidance on how to deal with a Petition for "Admission of fact" from Midland Funding LLC. I will greatfully provide any information as it pertains to the Petition that is needed to better understand my circumstances. Thank you so much in advance.
  3. @shellieh98 It would not let me put the info you requested on the last thread nor would it let me paste it so I have it here as an attachment.
  4. I was served in Slidell, Louisiana November 2010 with a Petition in Suit on Open Account and served by the court with Precision Recovery Analytics as the Plaintiff. I had 10 days to answer the petition which I did and filed the petition with the courts a few days after being served. I also included my defenses to the petition and denied all allegations. The plaintiff is evidently a Junk Debt agency so I stated I had never heard of them and had no dealings with them. I also stated in my defenses that I had never entered into any contractual arrangement with them and that the plaintiff provided me with no reliable, credible, or admissible sworn statement or other evidence to the accuracy or validity of the debt. (I did a DV by certified mail 2 months prior to them filing suit and they sent me nothing). Periodically since that date I have received from the attorney that filed the suit, standard collection letters trying to collect on the debt (which I have kept). Now today I receive in the mail (NOT by certified mail) a letter from the attorney stating that enclosed is the Plaintiff's First Discovery Request and that I return my responses within the time delays allowed by law. This was not served by the court just regular mail. I assumed this case was over since I hadn't heard anything for almost 3 years now. My questions are as follows: 1. How long can a case just sit in limbo with the courts with nothing happening? I answered in November 2010 their questions on the petition and never heard a thing back from the courts. The clerk's office told me they would send the Plaintiff a copy of my Answer to their suit. 2. Do I need to answer this Discovery? Or is this a ploy to get my Social Security number, place of employment, etc. 3. In this Discovery they want me to give them copies of any documents received from GE Credit, copies of payment checks, etc. They should be supplying me with copies. I stated that in my Defenses in 2010. Any help would be deeply appreciated. I don't want to let this slip by and they receive a Judgment by Default for my failure to reply if necessary. I want to fight this case. Scratching my head in Louisiana!
  5. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Couch, Conville & Blitt 3. How much are you being sued for? $26XX.XX + Attorney Fees 25% 4. Who is the original creditor? Citibank USA N.A. 5. How do you know you are being sued? Served by Sheriff's deputy 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? A DV Letter ironically mailed certified the same day they filed the petition/ 9. What state and county do you live in? St. Charles Parish, Louisiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) unknown 11. What is the SOL on the debt? 3 Years 12. What is the status of your case? Suit served? Motions filed?. Suit Served today. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes OC shows charge off, Midland trade line disputed 14. Did you request debt validation before the suit was filed? Unknowingly, my DV letter was sent certified mail the same day they filed the suit. 15. How long do you have to respond to the suit? 15 Days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, just the petition and request for admissions (Will post below)
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