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HelpPlease! posted a topic in Is There a Lawyer in the HouseHello Everyone, I JUST saw a many of threads with others facing the same issue with Midland. So, I have a pre-trial with Midland for an old Citi Bank card charged off from 2017. I responded to the court with answer denying the charges and accusations....like everyone else, based on the info they sent with the summons. They actually tried to serve me twice but was unsuccessful on the 1st attempt. To no avail, the processor delivered on the second attempt. Im not sure at this point on how to approach this. I willl be going alone with NO representation and definitely don't want to say the wrong thing. I did have the credit card but fell on extreme hard times and couldn't continue payments. I offered Midland over 1 year ago a payoff but never admitted to the actual debt. I received a packet of documents from Midland a few days ago (bill of sale, credit card statement going back to 2017 and a letter stating "we are ceasing all collection efforts until the conclusion of the investigation of your dispute". Again, at this point I dont know what to do. Do I still appear for the pre-trial or NOT go. I've also prepared myself to settle in the event I need to but it would be at most for 10% of the balance if thatt. Unfortunately, thats the financial situation I'm in. I dont want to file bankruptcy or create a more lingering situation. Any recommendations? All comments are appreciated.
Confused on how to proceed. SOL expires before 2nd pre-trial. Being sued for an old medical debt from June 2013. At the 1st pre-trial conference they provided me with all the correct validation: Charges inquiry, Signed treatment agreement and assignment of debt. Told me to verify it for accuracy and they would schedule a 2nd pre-trial. Principle balance is $2009 plus interest and court costs the total is $3550. They offered to let me settle the debt by just paying the principle balance and waive all other costs. Is that a good deal or should I settle for less? Does it matter that now the SOL has expired? Not sure what to offer. Thank you in advance.
Pre-trial Conference, etc.
JoeShmoley posted a topic in Is There a Lawyer in the HouseHello to all, I posted on here quite a few months ago. Since that time, very little has happened. Plaintiff has still not sent much of anything - even after a case management hearing took place back in October, and the attorney that appeared via phone, stated that more documents would be sent. (I wasn't really expecting anything to be sent to me, anyway). At that "meeting", a pretrial conference was scheduled for February. I must admit, due to time constraints I have not devoted as much time as I should have, however, In the meantime, I have been trying to prepare for the actual trial, as much as I can. In a recent letter I received, the Plaintiff requested that I include my summary of defense, list of witnesses, or any information that I 'feel' is important, so that they may file it with the court 'in a timely fashion'. . How do I respond to this request? Is it necessary to respond at all? I have already sent them my initial response to all their inquiries. As for the pretrial hearing - what exactly can I expect? So far, the Plaintiff has forwarded very little - to the best of my knowledge, Plaintiff expects to introduce one witness at trial or a stand-in for that witness who will 'authenticate' the Plaintiff's records and testify as to how the Plaintiff came up with the total sum. May I ask the Judge to compel further discovery at the conference? Thanks in advance.
My name is nowhere on the account they are suing over! My 2nd (continued) pre-trial is scheduled for the end of Feb. I am pro se and I want to have it dismissed without going to trial if there is any way possible. I cannot believe there is no way to do so when he can provide NOTHING with my name on it. I don't believe they could get this far with it! Guess I am naive. I have answered the forum's suggested questions below. I have been researching many threads (esp FSUgirl07 since she is also in FL dealing with a JDB), but I haven't run into any where they actually have the wrong name. Hope you all are willing to help me out - your responses have been amazing. Thx. 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? CAM1 LLC dba CAM1 LLC of Georgia 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Offices of Andreu, Palma & Andreu,PL of Miami, FL 3. How much are you being sued for? about $4800.00 plus int. and atty fees 4. Who is the original creditor? (if not the Plaintiff) US Bank National Association ND 5. How do you know you are being sued? (You were served, right?) Served at home to husband. 6. How were you served? (Mail, In person, Notice on door) In person to husband 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? None 9. What state and county do you live in? Pinellas 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) Never 11. What is the SOL on the debt? 5 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). Attended pre-trial conference as per summons. Explained it was not my card. Showed atty statements with the account number he identified in my (adult) daughter's name. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Disputed with OC through a letter from my attorney in which he told them to cease and disist ,disputed with one credit bureau verbally. 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 attended the pre-trial as per the summons. No written answer is required in FL. First cause of Action: Account Stated. 2nd cause of action - Unjust Enrichment. I told court officer it was not my cc. She asked if I wanted to see the judge, I agreed. Attny & I went before the judge. I told her it was not my card. I showed her my copy of dispute to US Bank as well as their response which included cc statements from 3/10/06 to 3/10/10 - ALL addressed to my daughter (same last name at the time). Judge noticed the lack of account number. Judge directed attny to send me copy of cc application with my signature and copies of statements with my name on them within 30 days. I have not received them - he has untl 2/6. But the atty sent me notice and copies of 2 Bills of Sale and Assignment of Assets referring to each of the assets identified in a list as Exhibit A. Of course, the list was not attached to my notice. (He also sent me requests for Production, Admissions and Interrogatories. I have been writing an objection to his requests for discovery because I am pro se and he is not allowed to initiate discovery without permission of the court, unless I have already done so. I have a second (continued) pre-trial end of February. 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 sent with summons. There was not even an account number on the paperwork, but I knew which account they were referring to from prior collection attempts from a number of different collection companies. ABSOLUTELY NOTHING - I FIND IT ASTOUNDING