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  1. Greetings, A Law firm named Berndt & Associates representing Jefferson Capital Systems LLC, whom bought the debt from Fifth Third Bank sent me a letter the end of this past summer trying to collect a credit card debt. I sent the firm an email provided on the law firm's website ( stating that I can not afford to pay them, due to me having health issues, barely able to work part time and I just scrape by month to month (the letter was a couple of paragraphs and more explanatory). I sent it in text form as well as an attached PDF. I never received any type of r
  2. I was served a summons and complaint by a process server but I said I was not the person he was looking for and didn't know that person (even though it was me) and he gave me the papers anyway. The Papers do not have a court file number nor a case number. It only has a case type listed as consumer credit contract (3A) and there is what appears to be an attorney file number. Papers are from Rausch Sturm and they say I need to respond with answers within 20 days. The 20 days will be in 5 days now and falls on a Sunday. What is my best action to take? I'm in Minnesota. Thank you.
  3. It seems the debt companies have gotten a little smarter and started laying out their claims better in summons. I received one today for a court date in April, so I have time to try to figure this out. They did attach an Affidavit of Indebtedness and Ownership of Account (see attached). My question is, does the information contained in it fulfill the necessary "bill of sale" requirements? And is there anything else I could do to shut them down? They did not file this lawsuit until I disputed the debt on my credit report, so I'm thinking this is a lawsuit of opportunity.
  4. Summary: I'm being sued by debt collector, and I need guidance on Answer in response to Complaint by 5/2/2019. Questions at the very bottom. Thank you. 1. Who is the named plaintiff in the suit? Discover Card 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) M&J LLP asserting they are attorneys for Plaintiff Discover Bank 3. How much are you being sued for? ~$7K (I have several other similarly sized credit card debts I anticipate similar Complaints for) 4. Who is the original creditor? (if not the P
  5. I was sued by portfolio recovery associates and served in November 2018. I did not respond within the 30 day period. There is a order to show cause why sanctions should not be issued against plaintiff for failure to file default judgement scheduled for December 2019. As of today 4/29/2019 a default has yet to be issued against me. Is there anything I can do at this point to prevent this default from being issued? Is there no answer that I can send after the 30 day window? Will showing up in court even help me?
  6. Hi! Thank you for putting this site together. I have never been sued. I have looked through the posts on this site but I am still very confused on how to reply to the Summons Complaint. I would like to create a post that is clear and detailed on how to address this Summons in the hopes of assisting anyone else facing the same. Please help. I think I would like for the Plaintiff, Portfolio Recovery Associates, to drop the case. I am not sure how to proceed. If I can't get them to drop the case then settling for a smaller amount to pay them is my second hope. I am unemployed. I do have all the p
  7. Hello! I am a 27 year old female student living in San Francisco, CA and I was served with a summons from Midland's attorney 1 week ago. This is my first time being sued and I need desperate counsel as I have absolutely no idea how to proceed!! I am being sued for $1,500.00 for a credit card I opened in 2010. The original amount of the credit line was $1,000.00. My last payment was made in-store in April of 2011. I stopped paying my credit card because I left the country for 4 months, dropped everything to take care of a terminally ill relative. Upon arrival home, I sank into a deep depres
  8. I’ve been reading several posts regarding collections from Capital One Bank. And my story is no different. I’m needing advice on what I could do next. First, I was NEVER served my summons by an officer of the courts, I was mailed a few attorney advertisements and attached were the summons. Immediately I got scared, and researched how to file my answer, which I did, as of November 15th. I have no legal representation so I’m defending myself “pro se”. Before this summons came about I was taking steps in repairing my credit, and I sent my first rounds of letters to all three bureaus. Since
  9. Please help me, I have no clue how to respond! Cavalry SPV I, LLC is suing me for $3,369.87. My debt was bought from Citibank on 8/12/17. I'm not sure if it's verified. The evidence against me is a basic sale of account document (exhibit 1) and and old statement with a lesser balance of $2,671.00 (exhibit 2). I have never even spoken to anyone from this company! I'm a broke college student who has recently been laid off and can't afford this. I would highly appreciate any advice on how to move forward.
  10. Getting sued in Wisconsin by PRA for a Synchrony BP card and just when I thought I had my answer ready to go, I read on here not to include any affirmatve defenses. I've been reading everything I can on how to answer this complaint and most of what I have written has been copy and pasted. Hoping someone can take a look at it and let me know if I should add or delete anything.
  11. Being sued by portfolio recovey. Im in California. The only thing they have attached for evidence is statements from the credit card company dating back to Jan. 2016. Are there any examples of how to answer the suit?
  12. Summons letter was served to my home last week. I wasn’t home so they left it with my mother. It appears that was from a law firm on behalf of Discover bank. The amount owed is a little over $3,000. I am currently unemployed and I have no assets. I rent an apartment and my car is leased. I am in no position to pay a settlement so I would like to figure out a method to either have this dismissed or possibly delayed for as long as possible. My last payment on this account was March 2017 and the account was charged off December 2017. I’ve attached the papers that were given to my
  13. Am lost in law, but oh so thankful to have found this forum. I have been searching for near a month trying to figure out what to do, none of it made any sense. Then I found this oasis; whew I there's a light at the end of the tunnel after all. I've read around the forum and found the questions needed for any insights (I have added questions of mine about areas of the papers) so here we go....... Who is the named plaintiff in the suit?Discover 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Moore group 3. H
  14. Greetings, I received a summons from AMEX Legal including two plaintiffs. One (FSB) is claiming an amount of $11,000 owed, and the other (Centurion) is claiming $5,000 owed. I also owe two other creditors similar amounts. I'm unemployed. I have no attachable income or own any assets such as a home or land. My car is worth $1200 according to KBB and I don't own more than $4000 in other personal property (I believe, that's the amount FL Debtors' rights allow you to exempt.) In short I believe myself to be "Judgement Proof". I understand that this does not excuse my debt. I can s
  15. 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
  16. I found a packet of papers in my mailbox 2 days ago, not in an envelope, mixed in with the other mail. It looks like a summons, but every stamp and signature on it is clearly computer generated. The "Return of Service of Summons" at the bottom of the page isn't filled out at all. There appears to be a case number at the top of the page, so my next move is to go online and attempt to find out if this is even real. If this IS a summons that has been filed, I plan to answer the summons. It is my understanding that the summons was NOT served the way it should be in my state. How do I wor
  17. I am being sued by LVNV Funding in Bernalillo County, NM. I need to file a response this week. I've read posts that has been very helpful, but I'm a little confused as to how to go about filing a response. The complaint was unverified and I want to go about using the General Denial form. If I use this, do I still have to go through the complaint paragraph by paragraph admitting or denying each allegation? Or is the General Denial form good enough? Do I send this by certified mail to LVNV's attorneys? And then file with the clerk, or vice versa? I thin
  18. Hello, and thank you for taking the time to look at this. On July second I was served papers through Forster and Garbus regarding an old student loan debt from 2003. I've feverishly researched this issue, and I've prepared an answer to be delivered ASAP. I'm attaching a censored version of both the summons and the document with the intention of getting them having some good people here proof read them to ensure I'm not missing anything. On that note, I do have a raw question before I get to answering the standardized questions. Specifically, I'm talking about an entry on
  19. Hello all, I've been combing the forums for about 5 hours now and I was hoping to get some help specific to my situation. Thank you in advance for taking the time to read this and hopefully responding. 1. Who is the named plaintiff in the suit? Myself. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blatt, Hasenmiller, Leibsker, & Moore, LLC (representing Capital One) 3. How much are you being sued for? $5454.23 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank (USA), N.A. 5.
  20. I am being sued by Midland Funding Group in Orange County, CA. I need to file a response within 30 days. I've read posts that has been very helpful, but I'm a little confused as to how to go about filing a response. The complaint was unverified and I want to go about using the General Denial form. If I use this, do I still have to go through the complaint paragraph by paragraph admitting or denying each allegation? Or is the General Denial form good enough? Once I file, how do I send this off? or if I can't send it off, who do I have send this off for me? Can it be my wife (having the sam
  21. Hi all, I've lurked as hard as I could and I'm still puzzled about my situation. I'm located in San Diego, California. I was served on 4/10/2017 through substitute service (although the summons says 4/11/2017). I did receive a mailed copy a few days later. They never attempted to serve before this. This was a summons regarding a case filed in 12/31/2013. So they took roughly 3 years and 4 months to serve me. No proof of service has been filed yet. The case type is Rule 3.740 Collections. The clock on the debt started in 1/02/2010 (within the SOL by 2 days). I bring this up
  22. Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney. I've answered the questions necessary thats been requested by the admin/moderators. Thanks again ahead of time. *Note: I've left out specific info. If anyone needs more specific info I can message or email
  23. Recieved a Civil Summons listing Cap One as Plaintif being represented by Gurstel Chargo. This is for a debt listed at around 5k and was filed in Pinal County. First, I do not live in Pinal County nor have I ever. The summons did not come with ANY supporting documentation at all. There is no account number, contract, statements or anything for that matter. They are suing for breach of contract and didnt supply any documentation at all. Any guidance on how to respond to this summons would be greatly appreciated. This just seems very generic to me as if a JDB is actually suing me and not
  24. Hi everyone, Today I filed my answer and response to LVNV Funding LLC after they sent a summons to me via sheriff for an alleged debt of nearly 5K. What i noticed was that I never received an initial communication with them until I got this summons period. Secondly I've disputed this account on my credit report before and the original creditor listed it as disputed and never further pursued any action and they never verified it. Looking at my most current I pulled that account and creditor isn't even listed and from my credit reports from as far back as 2010 it showed the account as bei
  25. I got served by a JDB, for a debt of an amount under $3,000 and am working on making my response. Thanks in advance for help!