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  1. Bear with me if this appears incoherent since I am new to the debt lawsuit business. I will try to be a bit elaborate since I don't know what to make of the pre-trial conference. I have been lurking around the last week or two after being hit by a lawsuit to collect on an alleged chase card debt. Howard Lee Schiff is handling this on behalf of Midland funding. I appropriately responded to the summons with diagree and do not know answers to the charges. I then contacted the law office to provide proof of debt but did not receive anything. The pretrial conference today was very interesting (
  2. My wife was given a summons in my name today after saying yes she was my wife. I just now get it and find I have to be in Court on April 1st 8am. I know of the debt and want to pay it but couldn't pay till yesterday. Can I settle at a pretrial conference? or can I settle this before that.? I really don't want to pay more than my debt.
  3. 1. Who is suing you? Capital One Bank (USA), N.A. is Plaintiff but Zakheim & Lavrar is Attorney for Plaintiff and clearly state "This is an attempt..." They are a shady JDB/CA 2. For how much? $984 + interest at 28% from Nov. 2008 + $300 Attorney 3. Who is the original creditor? Capital One Account Charged Off in Oct. 2007 but never sold or assigned 4. How do you know you are being sued? Served with civil summons and notice to appear for pretrial conference 5. How were you served? Were you served? Summons was inadvertantly served on a neighbor of mine who is dealing with a separate legal
  4. 1. Who is the named plaintiff in the suit? A major JDB with initials AA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) A northwest law firm initials JM. 3. How much are you being sued for? About $37,000 4. Who is the original creditor? (if not the Plaintiff) NAVY FEDERAL CREDIT UNION 5. How do you know you are being sued? (You were served, right?) I was served a Summons 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes - according to the table provided on this sit
  5. Basically, after the court asked Midland to produce discovery on my behalf, all Midland did was send me a few copies of statements of credit cards, and a copy of a supposed bill of sale, which we have already discussed is not enough proof of evidence. Anyway, here is the letter they wrote back after I had filed a motion to compel (for discovery) with sanctions: ~~~ Eric, Esq. an attorney duly admitted to the practice of law in all the Courts of the States of New York, hereby affirms pursuant to CPLR 2106 and under penalties of perjury that: 1. I am an associate attorney with the Law Offices of
  6. Hi Everyone, Looks like Cach, llc has been quite busy.. I need help on what to do or how to handle this lawsuit I received recently. Any opinions would be greatly appreciated. 1. Who is the named plaintiff in the suit? CACH, LLC. 2. What is the name of the law firm handling the suit? Rather not say, they might be snooping. 3. How much are you being sued for? $2,000.00 plus court cost and interest. I assume this is small claims court. 4. Who is the original creditor? (if not the Plaintiff) G.E. Money Bank>Sound Advice. 5. How do you know you are being sued? Process server at the door. 6. How
  7. Hi. Thank you for reading this. I already found a lot of answer on this topic here. My 2 questions are: Can I do anything before the pretrial conference - send any papers, answers, questions to lawyer and resolve the problem without conference or (if I must go to conference) without court (the main event)? I can't speak (and write) (but I can copy - paste ) in the "right language" for court and lawyers.. I'm not good at english!! I'm from North Europe.. I even don't understand half of what is written there, and it takes a lot of time to google and google translate.. And I just read that few
  8. I have a telephone status call tomorrow in regards to a lawsuit filed against me over a delinquent auto title loan. I've made a couple other posts about this issue on this forum and so far everyone's advice has been great -- thanks so much! Long story short, took out an auto title loan in 05/11, stopped paying 01/12, was sued 07/12. I am still in posession of the vehicle, and the OC (credit union) continues to try to collect the vehicle by employing a skip tracer. I'm in Ohio. Got the complaint, which was simply one paragraph saying that I owed the balance plus interest, with a loan disclo
  9. Blessings ~ ~*~ short of the long ... LOL ~*~ Being sued by Citibank through Hunt & Henriques ~ CA sent notice for validation of debt to H&H received a CCP98 (in lieu of Personal Testimony) with all Citibank Statements attached ~*~ Pretrial Conference on Friday 8/24/12 Trial set for Monday 8/27/12 ~*~ what are my options at this point? THANK YOU IN ADVANCE for your assistance to this situation! ~~~~~~~~~~~~~~~~~~~~~~~ can I still file and send a BOP and send OVERNIGHT Certified RR to ALL Parties ~ CCP1987 ( ~~~~~~~~~~~~~~~~~~~~~~~ also I want those that read this ~ I have come here of
  10. Hi to all members. I'm new here. I'm being sued in County Court Small Claims Division in Florida. I hope this is not too long or sloppy. I have two matters for query. First Notice to appear for Pretrial Conference/Mediation American Express Bank, FSB Florida attorney filed the suit It's about $2,600 I made the last payment in 2010. They stopped sending statements and cutoff my online access. There's no statement or contract attached. It says a/c# is confidential. This was a corporate account all along. The summons has the Company's mailing address (a UPS Store) but they served it at my home.
  11. So I'm being sued by Cavalry SPV I LLC and here is the previous info about my case. I've been ordered to mediation on August 28th. I need some help getting an idea of what shall be done at mediation and things to look out for. Also I've been given a disclosure statement for, here are my responses: 1. What are the facts support the claim. The Plaintiff has made a wholly unsupported claim for damages based upon the unproven alleged purchase of a credit card debt which Plaintiff alleges was originally defendant's account. 2. A description of the damage(s) and copies of any exhibits that show how
  12. I am brand new to these forums. I appreciate that there are many resources available on this forum that will be of use to me, and i promise that during the course of this case I will continue reading these sources, however I would also appreciate suggestions rendered specifically for my case. There's a lot of work ahead of me, mostly at this point i'd just like some direction on what to worry about first. I've read a few articles and have some ideas, but i'm no lawyer :/ Pretrial conference set for June 5, 1. Who is the named plaintiff in the suit? Equable Ascent Financial, LLC f/k/a Hilco Rec
  13. Here is the problem: The complaint is dated April 18, 2012. It was filed with the small claims in FL, Sarasota county on May 9, 2012. The papers were served on June 4th by a process server, but the court docket refects that they were served on June 1, 2012. The notice states that a pre-trial conference is set for June 12th. There is an affidavit by Dianna D. Wiggins, but on the signature line the nameDianna D. Wiggins is crossed out and the name Deanna D. Ulf is written in. Is this affidavit legal? The defendant is a disabled veteran and had previously provided documentation to the OC re
  14. I received my Final Judgment a few days ago. The Plaintiff could not prove Open Account or Money Lent. The Final Judgment claimed they proved Account Stated. I disagree: The exact words (other than dollar amount) in the Account Stated portion of the Final Judgment are as follows: "The Plaintiff proved that before the institution of the lawsuit, the Plaintiff and the Defendant had business transactions between them. The statement which shows account activity between February 4, 2010 and March 4, 2010 was rendered by the Plaintiff to the Defendant; said statement shows resulting balance of $XXX
  15. I'm not a very happy camper right now, lets just say. As some of you know, I had been trying to validate a debt with Midland funding. Long story short, they responded by taking me to court. Well, I answered their complaint, (pretty much denial), and it worked as during the pretrial conference, the judge basically asked them to provide discovery with the following: all the books and records related to my alleged account all the statements of the account showing all payments that were allegedly made proof of assignment Well, a week past the deadline, Midland sent me a package with nothing
  16. Hi everybody Ive been looking over post in similar situations like mine but not sure what i should. Im being sued by Cap One by a firm named Pollack & Rosen PA for almost 690 dollars. I have been served with summons/notice to appear for pretrail conference/mediation. I got the summon on may 5 and have to appear to court by may 23. Please help me, of my options, if you can. 1. Who is the named plaintiff in the suit? Capital one bank (usa) na 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pollack and Rosen PA 3. How much are you being
  17. I'm in Colorado. I filed an answer for a summons and have a pretrial conference set for June 7th. It will apparently be just me and the Collection Agency Lawyer, no judge. A little background on this case, the original debt was a hospital bill through XXHealth, 2007, for which we got a bank loan in connection with XXHealth. So they were paid. We went 60 days late on the loan pmt, and XXHealth repurchased the loan. They sent a letter in 2010, and I lost track of it and did nothing further. Now a local CAgency has the account, demanding the remaining balance near $4000 plus almost double t
  18. I am fighting 2 cases right now. I was "ambitious" and filed MTC-Arb's on both cases (within a short time of each other). One is in Opposition. The other one is unopposed as yet; however, Admissions are coming due on case #2 while the Plaintiff still has time to Oppose. Herein lies the question: How do I resolve avoiding being "Deemed Admitted" while the MTC is pending? Do I 1) Submit Admissions anyway just to avoid the Default? 2) Motion for Continuance on Admissions pending decision on the MTC-Arb? In which case I'd have to serve a copy of the Continuance to the Plaintiff and reluct
  19. I was served for an old credit card account with Chase by Equable Asset Financial LLC. The amount was $2,300. I answered the complaint, denying the claim based upon no validity of the debt, no basis for claim, failure of consideration, Lack of Privity, lack of assignment. A pretrial hearing was set. The sock puppet attorney was not authorized to settle, so a court date was set. I requested in the pretrial hearing for plaintiff to provide statements, original contracts, and proof of assignment. Disclosure date was the 10th of January and I received: 1. Name of witness from Equable that woul
  20. Ok how to answer this? All I have (served with summons) is a affidavit and a cc agreement from way way back. Thats it. Thanks BG XXXX County Justice Courts, Arizona XXX Justice Court Address here CASE NUMBER: Plaintiffs) Name/Address/Phone Defendant(s) Name/Address/Phone Attorney for Plaintiffs) Name / Address / Phone Attorney for Defendant(s) Name / Address / Phone DISCLOSURE STATEMENT INSTRUCTIONS: The Arizona Rules of Civil Procedure require that each party share with the other party all information known or available concerning this case. Please refer to Rule 26.1((1), ARCP for more
  21. I received a Summons today from Capital One. I'm supposed to appear on Dec 27 2011. The Amount they say I owe is 1912.37. this is for a Pretrial conference. Can anyone tell me what I'm supposed to do here? I'm not even going to be in town, I'll be away until jan 5th. I'm a single mom and have no resources and am scared. What happens if i can't show up? I only got 13 days notice Thanks 1. Who is the named plaintiff in the suit? Capital one bank (usa) na 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) It's not listed but i looked up the s
  22. I can't thank you all enough for having this forum available. I have been reading various post the past few days and would like to say I am greatful, especially to Trueq , MGO5 and to Linda7 for the information you have provided. On 11/3 I stopped by my girlfriends house to check on her dog(not feeling well) While I was there a process server knocked on door, asked if my gf was home, I responded with NO. He then asked if I was her husband, again I replied with NO. I then explained I just stopped by to check on dog. He then handed me a summons to appear for pretrail conference in her name. He
  23. I have been served and have been summoned to appear for a pretrial conference. Capital One is the plaintiff and their complaint consists of three counts. Count 1 is (the short version)a breach of contract for both credit card agreement and terms, and the agreed upon statement statement. Total principle due of $3,971.17 together with interest (8% per year aggregate), court costs, reasonable attorney's fees and any other relief the court may seem proper. Count 2 claims that the account was stated, that a copy of credit agreement was sent to me (exhibit A), that I agreed to the balan
  24. I'm being sued by Midland Funding over a Capital One credit card that I never owned. However, I made the error of not informing my attorney of the discovery order. When I received the document in the mail stating my pretrial conference date, I mistakenly forgot to tell my attorney that it also mentioned that "Discovery may be conducted at this time." (I should have made a copy of the document and given it to my attorney) Anyway, now it looks as though my answers to the Plaintiff's Request "may" be in default (meaning I have admitted to owning the card). However, as of right now, my attorney is
  25. I already have another topic open, so please let me know if I should consolidate, but I was hoping for a quick answer to this question so I know what I should be doing as far as interrogatories and such. The court clerk told me today that the Judge denied Midland Funding/attorney's request for pretrial conference. She said that it was due to no evidence of somthing...I think maybe no evidence that a pretrial conference will be needed? The clerk was very vague and didn't wan to be too helpful. I'm assuming that the judge is already picking apart their case...or, the case is so clear-cut that i