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1. Who is the named plaintiff in the suit? - Midland Credit Management LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Peter Heindel 3. How much are you being sued for? $13,033.75 4. Who is the original creditor? Capital One 5. How do you know you are being sued? Served a Warrant in Debt 6. How were you served? Given to mother in law, who lives in the same household as I 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? Two collection letters 9. What state and county do you live in? Arlington County, Virginia 10. When is the last time you paid on this account? 06/2019 11. When did you open the account (looking to establish what card agreement may be applicable)? 08/23/2015 12. What is the SOL on the debt? To find out: 3 years 13. What is the status of your case? Just received Warrant in Debt few days ago, scheduled for appearance on 01/04/21 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No (The account is completely gone from my credit reports) 15. Did you request debt validation before the suit was filed? No 16. 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? No response required, just have to come to court on 01/04 (General District Court in Arlington, VA) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Warrant in Debt Two months statements Forward Flow Receivable Sale Agreement Affidavit of sale by the account owner (Notarized statement from Capital one VP, about sale of debt) Certificate of conformity Record with my info Affidavit from Midland employee ========================================================================================= Really scared right now, but after reading VA Code, FDCPA, some case law, and this forum, I feel better now. Still, I'm not sure what to do... Capital one doesn't seem to have an arbitration in the card agreement, but I also can't confirm as I can't locate the agreement anywhere online (apparently 2015 card agreements are not available on FTC website, but it says I can ask the card issuer for the agreement and they are required to provide it, but I doubt it will have an arbitration option either way) Currently, I was thinking of maybe trying to strike down ALL of their evidence as a hearsay, and asking judge to dismiss the case...unless they bring a witness, which I doubt that they would. Plan B, is asking for arbitration and hope that their lawyer agrees.... If they win the case, I probably couldn't even pay them anything anyway....I lost my job due to the pandemic few months ago, and currently receiving unemployment for another month(until the end of December). I have a car that is financed until 2022, but other than that nothing else to my name. I am really worried about the car though, as I've been paying it off for almost 5 years, and it would be devastating to lose it this way (which is also finance with CapOne btw lol). I'd really appreciate any advice or help with this. I've read many topics on this forum, and I am really surprised about how helpfu many of the responses are. Thank you so much in advance. I've attached the copy of the papers that had been served to me. warrantindebt_appear_01-04.pdf

So I have a judgement from 2014 that is stating not found/unserved. It's for medical debt. I have another one that states non-suit also from 2014. I'm trying to fix up your credit and obviously I can't pay these. How would I go about appealing them? I'm in Virginia Beach,va Thank you in advance!

Hi! I am new here. I pulled my credit a month ago and found a judgement from 2014. I never knew about the judgement as I was never served. When I opened the credit card I lived in Virginia. Due to my daughter having special needs we moved to Missouri in 2013. I was completly unaware of the judgement. They supposely served me at an old address. No family lived there. I called Portfolio to resolve the issue and they would not negotaite. They will accept the whole payment for 1100.00. As I talked to them they kept threatning me telling me they will take more legal action against me if I don't pay. I called back a second time to resolve the account rep told me they will take payment for 943.80 they won't settle for less. That is the judgement amount. They told me they can't settle a judgement because they have to get the court to sign off on it. Again they started to threaten me so I can told them I would have to call them back. I did contact Chesapeake courts and received a copy of the warrant in debt and all of the paperwork. Where do I go from here? Contact PRA? Courthouse? lawyer? I have no issues settling the debt. I really do want the judgement to be vacated. This account shows a total of three times on my credit report. Orginal creditor, collection account and judgement Any help would be very appreciated! Thank you!

Hi! I am new here. I pulled my credit a month ago and found a judgement from 2014. I never knew about the judgement as I was never served. When I opened the credit card I lived in Virginia. Due to my daughter having special needs we moved to Missouri in 2013. I was completly unaware of the judgement. They supposely served me at an old address. No family lived there. I called Portfolio to resolve the issue and they would not negotaite. They will accept the whole payment for 1100.00. As I talked to them they kept threatning me telling me they will take more legal action against me if I don't pay. I called back a second time to resolve the account rep told me they will take payment for 943.80 they won't settle for less. That is the judgement amount. They told me they can't settle a judgement because they have to get the court to sign off on it. Again they started to threaten me so I can told them I would have to call them back. I did contact Chesapeake courts and received a copy of the warrant in debt and all of the paperwork. Where do I go from here? Contact PRA? Courthouse? lawyer? I have no issues settling the debt. I really do want the judgement to be vacated. This account shows a total of three times on my credit report. Orginal creditor, collection account and judgement Any help would be very appreciated! Thank you!

I have started a new topic with a new title as I am in a new part of the process. As those who have seen my other thread may remember, I am being sued in Virginia by Discover Card for about $3,000.00. The plaintiff's counsel has submitted their Bill of Particulars, and I have submitted my Grounds of Defense. The trial is in just over one month. So far, I have not heard anything from anyone after submitting my Grounds of Defense, so I am looking for advice on the next steps. The plaintiff's affidavit (and the lawsuit itself) has a significant error in it (not just a simple typo or something like that), so my main plan is to discredit the affiant based on that, and therefore send the affidavit and the credit card statements on their way. I'm not sure if I should post the details of what the error is in case there are any "unwelcome eyes" reading this board. My main question is at what point I should attack the affidavit/affiant? Should I file a motion to dismiss the affidavit/plaintiff's exhibits ASAP, or should I wait until trial? I don't want to give them a chance to correct anything, but I also want to make sure I get a chance to get the material dismissed. I don't recall seeing anything about this in the rules of civil procedure for Virginia that I have read so far. I did find a couple of resources that perhaps someone who is more familiar with legal procedures can point out to me the relevant sections of: http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+TOC08001000014000000000000 http://www.courts.state.va.us/courts/scv/rulesofcourt.pdf Thank you to everyone in advance for your help!

EDIT: Original creditor is Discover Card; amount I allegedly owe is $3,000.00 I have recently been served a "Warrant in Debt" in the state of Virginia. I have read about it so I know in generally what it is, but I am in need a lot of help with the step by step specifics of how to proceed. I have very little legal experience (besides some minor success in traffic court), but I am good at following directions. As the title indicates, I am being sued by the original creditor, with a "return date" in about 10 days. I first would like to understand what to expect when I appear on the return date, and what documents (if any) to prepare and bring with me, or to submit to the court beforehand. On the Warrant in Debt, the box is marked next to "To dispute this claim, you must appear on the return date for the judge to set another date for trial". There is also other text that states "Contested cases will be heard on return date unless affidavit attached and the plaintiff's attorney requests continuance". Perhaps I am confused, but these statements seem to contradict each other, as the first seems to state that a future date will be set for trial, and the second seems to state that the case will be tried on the "return date". The spaces are blank next to "Bill of Particulars" and "Grounds of Defense". Attached to the Warrant in Debt were the following items: -Servicemembers Civil Relief Act status report -An Affidavit from someone who claims to be an employee of the OC -A copy of a credit card statement I read in the following post http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/ about certain questions that I am supposed to answer when I post a topic; I also read in another post (http://www.creditinfocenter.com/community/topic/285059-dont-post-personal-information/) that I am not supposed to answer a number of the same questions, so if someone can help me out, I will update my post with that info. Your assistance is appreciated. Between this and spending time trying to make money to scrape by with my basic needs, I feel like I'm drowning, but I'm not going to give up.

I recently received both a Garnishment of Wages summons this month, as well as notice from my employer of the garnishment. a) the Summons was served to an old address (my parents house) in another county I was never served for the original judgement hearing. I found out where the original judgement venue was, and informed the clerk I was not served/notified. 1) Clerk stated that a summons was sent to my parents house in 2008 (I haven't lived there since 2006). She stated that i could file a Motion to Rehear on the grounds that i can prove that i resided at a different address (which I can) My question is...Will this stop the garnishment until the hearing? (if my motion gets approved) Thanks in advance..

Hi, I was served with a warrant in debt in Virginia and I wanted to see if anyone could help me understand my options better. I have attached a scanned copy of the warrant and affidavit. My questions: 1) My credit limit was only $1700 yet they are telling me I owe $3241. How come? 2) Should I ask for the bill of particulars and if so how do I do it? 3) I never heard from any debt collectors regarding a settlement offer. Would it be wise for me to call them and see if I could settle it out of court? Will they be able to use it in court and just say no to any settlement? I appreciate any advice. I am not trying to dodge paying. I just fallen on hard times after I lost my job not to mention 120k in college loans. I just cant afford them garnishing what little money I do have.