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Found 11 results

  1. Need help! I am being sued by midland funding and need advice. I have no assets and I am still in school. No real source of income. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm? Midland funding LLC 3. How much are you being sued for? $749.38 4. Who is the original creditor? Citi Bank 5. How do you know you are being sued? My parents were served with papers at home where I no longer live. 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? I receved some mail every now and then but I never answered it. 9. What state and county do you live in? Alabama, Limestone county but I live in Florida now with a Alabama drivers license. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2015. 12. What is the SOL on the debt? 3 years I think. Is this when I first opened it? 13. What is the status of your case? Suit has been 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? No. 16. How long do you have to respond to the suit? 30 days I have 14 days. No questionaire. Charges are as follows: Midland is the successor to the original creditor. I made purchases using the card. I failed to make the proper payments. The card was charged off. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. see attached picture.
  2. Hi everyone. Long story short, I am completely lost. I have no idea what to do and can't afford to pay Amex anymore. I was young and got into a lot of trouble financially and ended up using their card a lot more than i should have. I have tried to pay it off over time but the interest makes it impossible to pay off any portion of the actual debt . I was advised to not pay them anything anymore and hope that they move the debt to a collection agency where I could dispute it. That never happened. I received word that Amex filed a summons against me. The summons went unserved because I moved to a different state but I am terrified that they are suing me and have absolutely no idea what to do. I verified this online in the Broward County clerk of courts. I currently have a waitressing job but I’m not making enough money to even pay my bills let alone pay Amex. I’m losing sleep and have lost weight as a result of the stress. Any advice would be greatly appreciated.
  3. 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!
  4. Back in 2013 I had successfully defeated BoA and FIA card services in court over an alleged credit card debt that was and isn't mine. These guys will not correct my credit report even after their lawyers stated they would in their stipulation of discontinuance of their suit against me after I won the case. Now I feel like I have no choice but to sue them in district court. I'm not entirely positive whether I should file a civil claim or a small claim against them for violations of the FCRA/FDCPA... So any advice I could get would be completely appreciated. I have defended myself in court before pro se, so I'm comfortable with the process. I just want to know what would be the best way of building my case and having BoA removing their erroneous account information off my credit report for good.
  5. I need some advice on how to proceed. Had a CC debt with Bank of America and due to losing my job and not working for 3.5 years, I lost all my savings and unemployment. I tried to settle with Bank of America and they offered a settlement of $9000+ on a CC debt of $16k. I did find a job and offered them $200 a month to pay off the settlement but that wasn't good enough. They wanted 3 consecutive payments of over $3000 which if I was able to pay this, I wouldn't be in this situation!! So we left it at the original amount having no luck reasoning with them. I filed a complaint with the FTC but it fell on deaf ears. The debt was sold and now owned by Cach, LLC represented by Mandarich Law Group, LLP of Woodland Hills. They called a few times and I ignored it due to being pissed off not being able to settle, they now sent me a 10 day notice before they "attempt to sue". How much should I worry? What options do I have??? I currently am not working again with a very limited budget so I cant pay much due to owing the IRS and car payment, etc Thanks,
  6. Hello, I am being sued by Resurgence Legal Group. I answered the summons within the 30 days timeframe. I denied all allegations and requested for debt validation with the following information: A copy of the original application with my signature for the alleged debt How much was the debt purchased for? Provide a fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated, including the interest rate being charged. Confirm that this fate falls within state usury limits. They responded with: Below is an explanation of this account. Our clients records indicate that the account was a Wellsfarro back with an account number of....The account was opened on or about...and was charged off on....The last payment on the account was made on about...At the time of charge off, you account carried a balance of...the account now carried a total balance due of... The debt was purchased by Resurgence Capital...The last known address as to where builling statements had been sent, in addition to the social security number under which the account opened. To verify, the last four digits of you social security number are... Address of original creditor is Wellsfargo... This response does not answers the questions that I answered with. I sent a follow up letter asking for the information that I originally requested. And is still waiting for a response. However, they sent me Form Interrogatories, Plaintiffs first set of requests for admission propounded on defendant and a wellsfargo card agreement (that you can print from their website). 1st question: Do I have to answer his form interrogatories, and admissions requests. 2: How do I beat this case? I have an idea that my mother opened this card since we have the exact same name and she knows my social and she has opened accounts in the past under my name. 3. What do I ask for in the case management conference? I appear for case management conference tomorrow and I want them to validate debt to show that it wasnt me.
  7. Received a dunning letter from ARS National Services, Inc., PO Box 463023, Escondido, CA 92046-3023 It looks a LOT like this letter: http://www.creditinfocenter.com/community/topic/286881-should-i-settle-please-help/ You can see thier site at arsnational dot com I am trying to decide if I should settle or not. I don't have much time left to take them up on their 50 cents on the dollar offer. May 20th is the deadline for them to receive payment. For the first step, I am thinking of sending them a DV letter. Thier first letter to me is dated April 30, 2013 and offers the 50% deal if I pay them by May 20. Yesturday (May 11) I received ANOTHER letter from ARS. This letter is dated May 8, 2013 and says they are authorized to accept the same 50% "in full settlement of the above referenced acount, provided your payment reaches this office by 05/13/2013. Well this is pretty stupid. Today is sunday, and May 13 is Monday. I don't know how they thought I was going to pull that off, especially since I got the letter yesturday, not to mention the fact that this letter contradicts the April 30 letter (which had a 'due' date of May 20). Looked up my credit report. It shows the Citibank charge off and some amout past due (not the full amount). Does not say it was sold or transferred, but it may be too early. The most recently inquiry by Citibank was in May 2013, so this just happened, as I posted this May 12. The confusing thing is that the sentence about making payments payable to says: CITIBANK PO Bbox 469100 Escondido, CA 92046-9100 Because this address is only a few PO boxes away from ARS's, it leads me to think ARS is cashing the checks even if they are made out to Citibank. I searched this forum, but did not find anything really concrete. http://www.creditinfocenter.com/community/topic/315454-citibankars-national/ I also found this thread: http://www.creditinfocenter.com/community/topic/304567-settlement-letter-from-chase-telling-me-to-contact-ars-national-services-inc/ But I did not receive a letter from Citibank as the person in the above thread did from Chase. I did just receive another statement from Citibank for this account. Its just another statement showing even more interest accrued. Does anyone know if ARS National Services, Inc does collections on behalf of Citibank (assigned debt) or do they purchase the debt (junk debt buyer or JDB) ? Does Citibank sue for debt in Nevada?
  8. Hi everyone, I got a letter in the mail yesterday from a local attorney office stating that I am being sued for money due. This attorney office wants to represent me but I have NOT been served papers yet. I went to the Court website and i see the case was filed May 9th 2013, There is no court date and no papers have been served. I have not owned a credit card in over 6 years. Isn't this debt passed the Statute of Limitations? I recently bought a house in 2011 and I'm guessing they must see that as assets they can seize to pay this debt. I don't understand why this came up all the sudden? I was reading other cases on this site and someone said that a creditor will actually make a small payment on an old account to restart the SOL? is this TRUE? how can they get away with that? Is there anyway to file a motion to dismiss this case before I am served Papers? I don't have money to even pay a Lawyer. I am on Unemployment now cause i lost my job back in February. I want to squash this before it even goes to court. I literally have NO money. What can I do? Any suggestions will be greatly appreciated.
  9. *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
  10. Was wondering if anyone has suceesfully used the Delaware Choice of Law provision to invoke the 3 year SOL as opposed to the California 4 years SOL. I have an alleged debt and it is about 8 months out of the 4 year SOL. I am expecting the CA to file suit any day now and have been reading up on possible strategies.
  11. I'm new to this forum. I'm seeking a little help because I'm also new to dealing with collection agencies. I'm sending Midland Funding, LLC a ITS letter but I want to send them a copy of the unfiled motion(not sure if I'm saying that right . Soo my first question... On the court form it says "The PLAINTIFF must file a small claim action in the county where at least one of the defendants resides" Does this mean I need to file a small claim action in San diego where their head quarters are or can I file in my county?