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Found 16 results

  1. Greetings all! Here is my new case - yay me! I've been doing research on the difference between a verified and non-verified complaint and if I understand things correctly, in California I am allowed to answer using the General Denial because the Complaint is from the actual creditor and it is under $25k. Please let me know if I have misunderstood things or if anything I do needs to be different because it is a verified complaint. Also from what I could dig up online, there is an arbitration clause electing AAA - with wording about Barclay covering the fees. Besides sending out the BOP and filing the Answer/POS, what suggestions do you all have on moving forward with this case? Anyone out there who has dealt with this lawfirm before? My other case is a JDB so this seems a bit more scary! Thanks in advance all! Who is the named plaintiff in the suit? Barclays Bank Delaware What is the name of the law firm handling the suit? Nelson & Kennard - Sacramento How much are you being sued for? Under $10k Who is the original creditor? Barclays Bank Delaware How do you know you are being sued? Served How were you served? In person Was the service legal as required by your state? Yes What was your correspondence (if any) with the people suing you before you think you were being sued? None that I recall What state and county do you live in? Riverside, CA. When is the last time you paid on this account? According to the Complaint August 2018 What is the SOL on the debt? 4 years What is the status of your case? Complaint filed - service made but not recorded yet. I have not answered yet. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No Did you request debt validation before the suit was filed? No How long do you have to respond to the suit? 30 days What evidence did they send with the summons? None. The only attachments were the Verification from the Attorney and generic court docs about the ADR process.
  2. Several years ago, I was a member of this forum. I had to create a new account as password recovery didn't find me... I was served with 2 complaints recently. One from JDB that I'm feeling confident for now that I can deal with. The second is from an OC and I'm now in the first phase of discovery. I'd like to hash it out a bit. 1. Who is the named plaintiff in the suit? Capital One 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark, LLC 3. How much are you being sued for? Approx 6,000 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? left on doorstep 7. Was the service legal as required by your state? Unknown, probably yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in? Idaho 10. When is the last time you paid on this account? SOL not up 11. When did you open the account (looking to establish what card agreement may be applicable)? Not sure, 2013-14? 12. What is the SOL on the debt? To find out:Time has not expired 13. What is the status of your case? Suit served? Motions filed? Served. Answered Summons/Complaint, denied all but my name. Used Failure to State Claim as affirmative defense as absolutely nothing attached to their complaint. Filed my answer at the clerk's office and sent certified/return receipt copy to Plaintiff's attny. I've sent my first set of discovery requests to attny. I received Plaintiff's 1st set of Discovery requests and am now working my way through my answers. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not. 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').No I have not. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing was sent with the summons. I can't find if they were required to attach anything in Idaho? This is one of my questions. 18. How did you find out about this site? Internet questions I've mailed my first request for Discovery/Interrogatories/Request for Docs. Mailed it to them 01/09/19. One day later, I received a packet from them containing Plaintiff's 1st set to me. Looks like they're still using the exact same questions as they did several years ago! I'm aware an OC is a whole different ball game then JDB, but I'm slightly hopeful I can pull through. I'm diligently searching and reading and studying, trying hard to find my own answers to my questions. Just need some encouragement and a little nudge in the right direction now and then. Their interrogatories contain the standard questions, along with asking if I've ever been convicted of a felony, been party to a civil suit, identify books/papers/records I used to answer...(answered these with: Objection, irrelevant and not likely to lead to admissible evidence. Or, with Defendant without sufficient information or knowledge, etc.). I answered all of the requests for Admission with: Defendant states after a reasonable inquiry, information known or readily obtainable is insufficient to enable to admit or deny therefore denies. With the exception of the last request. Request: True and correct copies of the documents referenced in these Requests for Admission are attached hereto as Exhibit "A." It contains some 1. old past due statements with the last 4 digits of the account referenced in their complaint, 2. a piece of paper that reads, "Your account has charged off. It is now being serviced by Recoveries department. Call 1-800-xxx-xxxx if you have questions about this notice." 3. a Capital One Customer Agreement (from 2014), 4. a Capital One monthly billing statement with a DIFFERENT account ending number (!) Obviously, Mr. Attny didn't pay close attention to what he was sending in his exhibit "A". I started answering this final admission with, "Objection. Plaintiff's Exhibit "A" does not contain "True Copy" as all the documents contained within fail to have been notarized to certify that the copy is a "true" copy of the original document. As to whether they are "correct" or not, Defendant objects. Defendant is w/o sufficient information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation. Should I go ahead and send my answers to the Plaintiff's attny, or is their Exhibit "A" weak enough that I should take another route at this point? I don't think Johnson Mark has any other evidence, no affidavits, etc. Thank you in advance for reading this long book...
  3. Hi all, I've relied on this site for the last 2 years when I first found numerous errors. I thank you for the solid advice I have found here, which has empowered me to clean up everything but this last item. This chargeoff is a little unique so I am not sure how other chargeoff posts relate to it. It is probably a valid account though I question the amount. It will fall off my report in July 2018, but I would want to pay what I owe legitimately, as a matter of personal integrity unless it exposes me to new illegitimate credit issues. Background: In 2008 I bought a MINI Cooper and with it came a visa card with a $1000 limit. I used this card responsibly with no late payments until it was stolen and replaced in February 2011. I managed the account using the paperless online portal. In February 2011 I also paid off my MINI a month early with a perfect payment record. In April 2011 I was diagnosed with a rare breast cancer and left my job. In June 2011 I moved to a nearby city to be closer to my doctors and treatment. This next part I don't recall but have reason to believe may be vaild: My credit file shows I have a 30 day late payment on the replacement card in May 2011 and a last payment July 3, 2011. Then in October 2011 it shows 30 days late and closed, with a chargeoff in February 2012 for a balance of $1196. The comment on my TU report says "Maximum delinquency of 120 days in 01/2012 for $337 and in 02/2012" In July 2012 I was cancer-free and working again. In January 2016 I pulled my credit report and found records for the card stolen in 2/11 showing a perfect payment record and "current closed when stolen" status as well as the entry for the replacement card. At the time I believed it was a mistake and disputed it with the credit reporting bureaus because I thought I had permanently closed the card when it was stolen the same month i paid off the car. However, I just found a payment receipt I printed in July 2011, with a handwritten note that suggests i was locked out of the portal that same month with an 800#, name and "$0 bal". This leads me to believe it is a valid acct and credit item that I lost track of during the move and health scare. I think the $337 sounds a little high for what I normally charged, but more possible than $1,196. I know there was a high balance over my limit when I purchased items for work, and my boss paid my bill with an account his wife was closing at the same time in early January, but it was fully resolved in the same month and no payments were actually missed. That high balance should be $1235, not $2579 though. Since I initially thought this was invalid and would be easily handled by CRB investigation, I addressed other collections first, which were all bogus and have since been removed. This chargeoff is with the original creditor, never having been sold, since the bureaus validated it with them. Is it possible for me to get the statements from them now before I try to settle or pay? If I pay will I re-age the account? If the amount was only $337, could the additional $860 on the chargeoff be fees or interest? That seems strangely high. I also know I would have paid the bill if I had known about it and I never got any letter about chargeoff or late payment - I definitely would have responded to it for fear it could affect my employment chances and ability to get doctors to work with me given the rarity and lack of protocol for the kind of cancer I was battling. Any advice is welcome. I added both screencaps for the account including the one closed in February 2011 and the one that replaced that card.
  4. I disputed with the OC 3 tradelines with Experian (Chase and Bank of America), they all came back issued resolved with no explanation other than, we have the correct information reported. The accounts are from 2011 and 2012. I now will have to dispute directly with the OC. When I do, what information do they have to exactly send to me to prove they are right. I no longer have my documents with these credit card accounts, and I know the burden falls on them to prove and if they cant, they have to remove
  5. OC filed Suit in "F" State Court Georgia $25K alleged Attorney Contingency Fee Not set by any Law, No signing legal Fee paper, No interstate License , No recovery, Attached Affidavit of Owner of Records and Alleged Contingency Fee alleged "D" signed in Georgia date Impossible "D" was not in GA. Not Served In GA, No Living in GA, No Address in GA. Tried to serve summons 15 days after was filed in North Carolina with wrong Civil Action Case # and again 151 days later. Filed Answer, "P" filed MSJ, "D" opposed, Judge denied "P"MSJ, later Judge set Bench Trail/Evidantry Hearing. Any opinions from fellow members?? Maybe request to produce or MTC Arbitration Contingency Fee not set by any Law. GA requires Attorney to offer Arbitration before filing suit. Didn't happen cause he is not licensed in my state to practice law from his office in GA.
  6. 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael J. Scott & Associates (Scott & Associates) 3. How much are you being sued for? $2427.17 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Served Papers 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No Previous Contact 9. What state and county do you live in? Denton County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April, 2014 (Don't know exact day, but it is within statue of limitations) 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 4 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Answer Due (Already responded, today July 18th, with a General Denial) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, not that I can recall. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 14 days + Monday, Answer has already been filed with a response of General Denial. I didn't find this forum until late last night, unfortunately and was out of time. No questionnaire was given. Plaintiff's claim is breach of contract for a Mastercard account. My suit will be attached to the post. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence was given other than the below on the original petition papers: Address, with an incorrect apartment number Last 4 digits of account number Account Opening Date Account Closed Date After browsing cases on these forums it appears that fighting an OC is a lot more difficult than a JDB, but I think I'd like to try at least. I've read a lot of TexasRocker's posts but I'm not quite sure where to go from here. My answer has been filed with the claim of General Denial, and I've sent a copy of it stamped by the Court Clerk, mailed as First Class, Certified, Return Receipt Requested. What is the best route to go when fighting an OC? Should I file a motion for discovery against the Plaintiff? I don't really have any information on this account. The account is no longer showing up on my credit report either, not sure what that means. I appreciate any help that's offered, thanks in advance!!!
  7. Mates: I'm defending my uncle in a lawsuit by AMEX and have a question for you all... Are there any significant differences in how I should approach the upcoming trial since I am dealing with the original creditor? They filed a CP 98 and I will attempt to have Linda Salas served in the coming days, but obviously, she won't be there. The process server will give me a declaration indicating that she wasn't there, and I will object to her declaration in lieu of testimony at trial. From what I can gather, they will have no legs to stand on at this point, and it should be a directed verdict. Am I missing something here? Oversimplification? On the other hand, if that declaration gets in, I think were screwed... but oh well, my uncle is flat broke.
  8. Hey Guys, I'm just starting to try to tackle OC issues on my credit report and I've found that one of them is reporting a different DOFD to each of the three reporting agencies. The same is true for the CA that it looks like bought it. Can I just send a letter to the three reporting agencies with copies of the three different entries and they will delete the tradelines? Or do I have to send everything to the OC and CA themselves and hope they'll do the right thing? Either way I think this violates TFC and FDCPA.
  9. Hello, I lived in CT, but moved to CA. I received a complaint from Discover bank in Connecticut, being represented by HLS. I responded and made my special defense a couple of months bank. Then I came to CT to help my mother move to a new house for a few months, in those months I received request for admission and interr/prod from HLS. The mails where being sent to California. I found out too late, they filed for motion for compliance, and motion for default for failure to comply. Basically it was motion for compliance to inter/prod, but the motion for default for failure to comply was also in the same motion. I got the request for admission and the interr in my email and quickly browsed through this forum to answer them the best I could. I submitted my replies the exact same day that they had short calendar marking, take papers. The judge granted the motion for compliance. I haven't received the papers yet, but I see online that it was granted. I was wondering, what does this mean? Is this judgement satisfied by my responses? Do I get to file my own discovery? What is my next steps? Please help.
  10. Hello everyone, I sent a DV to the CA and they responded as follows: We have requested your letter of dispute reagrding the referenced account. Please be advised we have closed and returned your account to OC. If we had previoulsy placed a negative report on your credit regarding this matter, consider this your notice that all CRA have been notified to delete this reference from your credit file. Any further questions regarding this account should be directed to OC. Is this good? Do I wait until their next move now? Thanks for your input.
  11. I noticed on my credit report that BOFA whom I still own money ran my credit again, it seems like they may be getting ready to sell my debt to a JDB. I have not made payments on the card since august of 2011. I was wondering if I would get a favorable settlement deal if I tried to call them and settle before it’s sold? For the sake of my credit rating I was thinking of reaching out and making a deal instead of waiting for it be sold to collection company or a JDB and having to deal with them again and risk getting additional derogatory on my credit report? Any thoughts, opinions, recommendations?
  12. Question. My son had some dental work about a year ago and we were quoted a number for the services, insurance picking up the rest. We paid upfront what we were told the cost was. A while later, we received a bill for almost double what we were originally quoted asking for the balance. Fast forward, I tried to work this out with the dentists office to no avail. They sent me a letter about a month ago stating the section of the IRS tax code regarding discharged debt, and that they were going t report it to the IRS as a 1099 MISC income. Then they said they were going to turn it over to a collection agency for non payment. I received a verification letter today from the CA. Question is, what do I do? Do I dispute the debt and tell them that I have received a letter from OC showing they said they will filie a 1099 and that the debt was discharged? Do I threaten to sue them for a non existant debt based upon the OC letter? Any advise would be appreciated. My son had just turned 18 at the time this happened and they made him sign the forms so I would really hate to get his credit ruined from this deceiving dentist. The debt discharge income is of no consequence as he is a full time student with no income. I have attached a copy of the meat of the letter. Thanks in advance dentist.pdf
  13. 1. Who is the named plaintiff in the suit? Citibank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Silverman & Borenstein 3. How much are you being sued for? ~ 6k 4. Who is the original creditor? (if not the Plaintiff) OC 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Personally 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? Received dunning letter; timely sent validation letter; received a response giving me the name and address of the creditor. 9. What state and county do you live in? colorado . La Plata 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never - but attached statement has a date within SOL 11. What is the SOL on the debt? To find out: - It's within SOL 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). Served about 10 days ago. There isn't a case file yet, but clerk said they usually file electronically a few days before the response date (June 10). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I recently sent a dispute to Equifax. Still waiting to get Trans and Exp via mail. 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. Yes and they responded with the name and address of the creditor. 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 must file by June 10. 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. They attached an affidavit and a statement. The affidavit looks to be robo signed. Should I attach a redacted version?
  14. Newbie here. Tried to find this situation amongst the Forum. OC is Barclays Bank Delaware. They charged off my CC. Received calls for months from Nelson & Kennard. Was substitute served. I've tried to contact OC who passed my call to trakamerica (DC). My credit reports show charged off, closed by guarantor. So, N&K is a DC. Wondering how common it is for them to (or any DC) to not name themselves as True Plaintiff? The Cause of Action is Common Counts and not Breach, as you might expect in a cc case. No supportive documentation, just over $2K. I filed a general denial (verified, as was their complaint). Before I filed my Answer, they called me at work (via reception, told them to put them to voicemail. They didn't leave a message)! Thoughts? Shady, right?
  15. I received a letter from the OC in response to my DV. The letters states that the ownership of this account has been transferred. I have sent a DV letter to the company they referred me to and they did not respond and they are not on my CR, BUT the OC is still on my CR as a charge off. The account is not mine. It was my husbands, in his name only and beyond our states SOL. I am unsure of the next step I take with the OC. how do I proceed with the OC to get this account removed??? Any help will be appreciate. Thanks In advance.
  16. HI All, I've been getting so much help out of this forum. Like many, I was hit hard by the economic crisis. I had a number of investment properties that turned sour and had to let them go. Thanks to the advice here, I've already gotten 3 foreclosures removed from my reports because the bank never responded to the CRAs. So, I have a few second mortgages that I am working on getting off my reports next. So, here is my question. BOA purchased the horrid Countrywide and PNC bought not-quite as horrid National City. CW and NC were my OCs. So, are BOA and PNC CAs or are they OCs? Anyone dealt with this situation? Thanks!