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  1. Looking for guidance.. I requested arbitration in my answer to the court summons. Since then PRA responded to the court regarding my answer and request for arbitration with some really bad arguments—most of which don’t even make sense. (The lawyer argued I am not eligible for arbitration because of a law stating small claims courts aren’t competent to hear the actions of an assignee, and that my municipal court IS a small claims court for my purposes.. they also said I’m not acting in good faith.) I reached out to the lawyer this week via email, saying while I do not believe this debt is valid, we both have better things to do than debate it in court or arbitration, I said since JAMs states my max out of pocket is $250–offered him $250 if they’re willing to remove it and consider the matter closed. His response was sort of confusing to me, verbatim “Thank you for your offer. As your account is in dispute status at this time, I am prohibited from negotiating a settlement. Once that dispute is resolved, we can discuss what options may be available to resolve this matte.” So, seems like I won’t be getting out of the court appearance and/or arbitration.. so, not sure how to prepare, or if I need to respond to PRAs response through the court also.. I appreciate all the guidance any of you can provide. I got about a week to prepare at this point before the initial hearing, and I’m totally not sure what I’ll even say aside from my requesting arbitration. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.). Portfolio Recovery Associates 3. How much are you being sued for? ~$1,100 4. Who is the original creditor? (if not the Plaintiff). Synchrony Bank (Amazon) 5. How do you know you are being sued? (You were served, right?). I was served. 6. How were you served? (Mail, In person, Notice on door). Certified Mail 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? Minimal, happened to send a dispute to the credit bureaus about the account just before being served. 9. What state and county do you live in? Clermont County, Ohio 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations). 8/21/22 11. When did you open the account (looking to establish what card agreement may be applicable)? Not positive, 12. What is the SOL on the debt? To find out: 5 out of 7 years 13. 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). Initial hearing scheduled. Demand for arbitration filed with answer 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, mailed same day the complaint was filed but before being served. Unintentionally. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). I did a round 1 dispute via credit versio for multiple credit issues, asking for proof of charge off. Likely not the same, but worth mentioning. 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? Sent an answer denying everything and demanding arbitration. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Statement from 8/2022, Statement from 2/2022 from Synchrony (OC). A Bill of Sale from Synchrony dated 9/2022. Affidavit from PRA about the balance, transfer date from Synchrony, etc. 18. How did you find out about this site? Reddit on r/CRedit
  2. Hello Everyone. I have answered the questions to be as clear as i can. Please let me know if i have left anything out or if you would like to see anything talked about. Thank you! 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? LVNV 2. What is the name of the law firm handling the suit? Jacob Law Group, PLLC 3. How much are you being sued for? $650.72 Plus $91.00 court cost = $741.72 plus post judgement interest at 8% 4. Who is the original creditor? Credit One Bank 5. How do you know you are being sued? I found a Summons, Declaration and affidavit taped to my door. Then later received a summons via first class mail. 6. How were you served? Mail and found on door. 7. Was the service legal as required by your state? In person No 1. No process server 2. Not done by a sheriff By mail: 1. Only received copy of summons and not complaint 2. Did not receive the two copies of a notice and acknowledgment conforming substantially to Form 1-B and a return envelope, postage prepaid, addressed to the sender. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? This debt is from 2016. · First contact via email from True accord Dec 3, 2019 · Set up a payment plan via True accord site: Original debt was $1301.48- Made payments of 108.46 a month up until 5/29/2020 for a total of $650.76 taken off the original debt. · True accord continued to email me (Jul 2020, April 2020, and Sept 2020) · Feb 2021- I now am getting emails from Halsted Financial Services. Those continued to March 16 and 28th. April – then stopped (guessing it was returned to the “client” · Jun 2022- True Accord again contacting me. 9. What state and county do you live in? Mississippi / Harrison County – The debt was obtained in New Mexico/Sandoval County. 10. When is the last time you paid on this account? 5/29/2020 to true accord 11. When did you open the account (looking to establish what card agreement may be applicable)? 4-15-2016 12. What is the SOL on the debt? To find out: 3 years in Mississippi - New Mexico 6 Years Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? 1. Summons received. Jan 30, 2023 2. Submitted my response to allegations. Feb 3, 2023 3. Sent a debt validation letter. 3-4-2023 4. Court (March 9th, 2023) and it was postponed because LVNV needed the time to respond. April 5th, 2023, Received. · Letter dated March 8th, 2023- Enclosed please find the documentation validating this account. o Account summary report dated 11-18-2022. Which has § My information (name and current address) § “current” account information: Owner LVNV funding, Resurgent ref #, Original creditor, account number, current balance, and date of last payment § Recent payment transactions § Historical acct info: original creditor, origination date with original creditor, charge of date, charge off amount, the account was acquired on or about date and the account balance at the time of the acquisition. o Then follows a series of credit card statements that obviously are printed or photocopied. Court again 4-20-2023 · Talked to lawyer for LVNV which was a different lawyer then previous court date and was handed a NEW stack of papers which included: o The same declaration o Bill of Sale and Assignment of accounts (there are multiple and will list them here) § Nov 30, 2018, from credit one bank, N.A. To MHC Receivables, LLC it mentions that the data file named CreditONE_sherman_122018 a copy which is attached hereto and incorporated herein by limited to applications, statements, terms and conditions and to reference Exhibit A which is not marked or is mentioned or listed out in anything. Then it’s “signed” by Gary Harwood the vice president. § Dec 18th, 2018, MHC Receivables LLC to FNBM LLC exact same verbiage used and this is “Signed” by Mark Rufail, Authorized Rep. § Dec 18th, 2018 -FNBM LLC to SHERMAN ORGINATOR III LLC – Signed by Jon Mazzoi, Authorized Rep. § Dec 18th, 2018 -MHC Receivables LLC to Sherman Originator III LLC (How is this possible, when above its says that MHC sold to FNBM?) Signature of Mark Rufail – Auth Rep o Transfer and Assignment: Transfer and Assignment Sherman Originator III LLC (“SOLLC III”), without recourse, to the extent permitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman Originator LLC (“SOLLC”) all of its right, title and interest in and to the receivables and other assets (the “Assets”) identified on Exhibit A, in the Receivable File dated December 05 2018 delivered by MHC Receivables, LLC and FNBM, LLC on December 18 2018 for purchase by SOLLC III on December 18,2018 . The transfer of the Assets included electronically stored business records. SOLLC, subsequent to the above-mentioned transfer, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC (“LVNV”), the above-mentioned Assets. The transfer of the Assets included electronically stored business records. Signatures on this Transfer and Assignment: Dated December 18, 2018, Sherman Originator III LLC a Delaware Limited Liability Company. Signed by Jon Mazzoi Director. (Wait a Minute- Wasn’t Jon Mazzori a auth rep above?) Dated December 18 ,2018 Sherman Originator LLC, a Delaware Limited Liability Company. Kevin Branigan Authorized Rep Dated December 18, 2018: LVNV Funding LLC, a Delaware Limited Liability Company. Signed by Rusty Kendall Authorized Rep. Due to this being the first time I had all this documentation as it wasn’t sent in their reply, I have a continuance again for June 1st, 2023. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes. Through a company called LEXINGTON LAW: § Sep 1, 2020 – Formal debt validation request to Resurgent Cap Services. § Dec 27, 2020, Sent legal challenges to Trans Union. For Resurgent § Email received Jan 15, 2021, from Lexington law that Credit One bank was removed (showed as a charge off) § Email from Lexington law: No longer on my Equifax credit report – Resurgent/CVI § Email from Lexington law: no longer on my Transunion Credit Report: Resurgent cap services LP § Currently Credit one/ Resurgent are no longer on my report. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). I submitted the DV after I sent my response. 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 questionnaire but did receive Plaintiffs affidavit of indebtedness and ownership of account. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The only thing I received taped to my door with the summons was the declaration and the Plaintiffs affidavit of indebtedness and ownership of account. 18. How did you find out about this site? Google is amazing when you know how to use it. 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit I have an arbitration clause for small claims court – This was going to be my next step until I read that. Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  3. Hi all. I've read all I can about how to handle a lawsuit with Hunt and Henriques. However, there are some things going on that weren't covered and I'm a little off track. Help? Below are events and questions pertaining to those events. Please someone assist me. Here is the order of events and next steps: Case Filed: Mar 16 2021 Served: Apr 1 2021 Defendants Answer: Jun 21 2022 (i know late) Bill of Particulars: Jul 7 2021 Plaintiff responds by attaching account statements. A person not a part of the case signed the paper with the wrong date and a name crossed out. ??? The Plaintiff (lawyers) have filed most of their papers using someone not a part of the case and with inaccurate dates. Is that a thing I can do something with ??? ??? does anyone have a case record in California that proves account statements are not valid proof ??? Case Management Conference: Scheduled for Aug 19 2021 Plaintiff files Case Management Conference Statement : Jul 21 2021. claims we met and conferred which we did not. Plaintiff send requests for Documents, Admissions, Interrogatories. Set One : Dated May 10 2021 - actually sent Jul 20 thereabouts. Defendant sends responses to Request for Documents, Admissions, Interrogatories : Dated Jun 26 2021 to be in accordance with time frame. Proof of Service sent. Filed with the court on accident, actually. Sent Certified Mail but forgot Return Receipt. Plaintiff files Motion for Order That Matters in Rqst for Admission of Truth of Facts be Admitted, Along with Proposed Order : Dated March 16 2021 : Filed Jul 25 2021. Based on fact that they never received the Response. Defendant files Memorandum and Evidence in Support of Opposition to Plaintiff's Order for Facts be Admitted : Aug 16 2022 Defendant files Case Management Statement : Aug 17 2022 Case Management Conference : Aug 19 2022 - Trial Date Ordered for Jan 9 2023 Plaintiff's Motion for Facts Admitted is Denied. Oct 3 2022 ... out of sequence ... I know that Bank of America doesn't have an arbitration clause but I found some other compelling arguments so I tried this... Defendant Files Motion to Compel Private/Contractual Arbitration To Stay Proceedings Pending Arbitration : Jul 7 2022 : Recorded Aug 23 2022 in Court records. Plaintiff sends me Memorandum in Opposition to Motion to Compel Arbitration : Jul 25 2022. Doesn't appear in Court Records. Defendant Files Reply to Memorandum in Opposition : Aug 10 2022 ??? Court returned Motion WEEKS later stating I didn't pay $60 and to re-submit original(s)... Should I re-submit this Motion at this point ??? (Today is Oct 10 2022 and a Trial date is set for Jan 9 2023) The is also a returned Defendants Reply to Opposition of Arbitration stating I didn't pay $60 and to re-submit. ??? yes / no Next Steps: Defendant will send Request for Production of Documents : End of Oct 2022. Any and All types of evidence. ALL DOCUMENTS relating to or constituting ANY assignment between Defendant and Bank of America ALL DOCUMENTS relating to or constituting ANY assignment to plaintiff ALL DOCUMENTS constituting statements of alleged account number ending in 6839 showing all payments and credits from inception until present (WHICH THEY ALREADY HAVE AS AN EXHIBIT IN REQUESTS FOR DOCUMENTS, ADMISSIONS, INTERROGATORIES) Defendant will File Motion to Compel Bill of Particulars : Nov 2022 ??? yes / no Defendant will subpoena witness(s) propounded as evidence to back up the bank statements ??? yes / no Then what ??? Next Steps ??? QUESTIONS: Is there a successful example of a motion in limine to prevent the use of any evidence at trial ?? When do I file this ??? Do I file this ??? Am I missing anything? Am I screwed? Help? Kevin
  4. Hey everyone! I came across this website in my googles and have spent the past 2 days reading up on A LOT in this forum, for which I am eternally grateful for! All the knowledge and help that have been provided has been weirdly comforting to me, knowing I'm not the only one going through this, so thank you all so much! Despite that though, I'm still feeling very anxious, nervous, and uncertain about this whole process, it's the first time I’ve ever had to go through this, so any guidance and advice on how to proceed would be tremendously appreciated. I've filled out & included the questionnaire below but am including my general inquiries here to get right down to it. So, first things first, I wasn't personally served with the summons, my father received the summons and complaint for the suit since I wasn't home at the time, so I believe that means I have 30 days to file an answer. I set an appointment to file my answer for tomorrow morning but I will be pushing that back to give myself more time to be more informed and see if I should file the motion to compel in order to begin the arbitration process instead. I was using LawHelpNY to formulate my answer and, during the walkthrough, was asked about how I was served and, apparently, I was supposed to receive a mailed copy of the summons in the mail since it wasn't given to me directly, but haven't received anything like that. It said I wasn't served properly as a result, so, just for clarification, does that mean I can claim I wasn't served correctly in my answer? Would it be correct to claim that even? Aside from that, I wanted some insight into what else to include in my answer. I wonder if a straight denial is out the question, or should I dispute specific allegations within the complaint? I can claim three things to be true as far as the allegations are considered: my name and address are correct, I recognize Lending Club as the original creditor, and the transaction took place in NY. So, if I proceed to claim lack of knowledge for the other allegations, do I have to defend why that is? For the most part, I am not sure what the amount left to be paid was for the loan, nor do I recall the account number, and I've seen that I could claim lack of standing because I've never directly done business with Velocity Investments themselves. Is that the case here? Could I claim lack of standing with Velocity? That's where my confusion lies with this truth vs. denial business. Any light that can be shed in how I can formulate my answer would be tremendous help for me, I would so appreciate it. I just don't want to screw anything up and get ahead of myself here. As for arbitration, is it really the best route to take? (I pasted the arbitration agreement I could dig from LC below for reference.) It's incredibly intimidating to me, so I'm wondering, if I go down this road, do I have to hire a lawyer? I'm unrepresented at this point in time, but I've consulted 2 different lawyers, but they told me what I already know through my google searching, so not sure if I should really bother with one at this point. Of course, it'll be beneficial but I'm unemployed at the moment and strapped for cash, which is why I'm even considering arbitration to begin with because I don't think I can settle, so I really don't have the means for a lawyer right now. Also, would it be worth to try to negotiate and reach out to them to see if something can be done? Will that need to happen before I file my answer and/or MTC? And any guidance as to what to include in my MTC and how to draft it (as per NY rules) would mean the world to me! I'm incredibly sorry for the long post, but I wanted to be thorough here, so, if you made it this far, you're a saint, thank you! I appreciate any and all responses, thanks for taking the time to help me out! I appreciate it so much! ___________________________________________________________________ 1. Who is the named plaintiff in the suit? Velocity Investments, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Malen & Associates 3. How much are you being sued for? $7600 4. Who is the original creditor? (if not the Plaintiff) Lending Club 5. How do you know you are being sued? (You were served, right?) My father gave me the summons that was delivered. 6. How were you served? (Mail, In person, Notice on door) 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? None that I'm aware of 9. What state and county do you live in? NY, Orange County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2018 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2017 12. What is the SOL on the debt? To find out: 6 years 13. 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). It just says Pre-RJI on the court site 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Through a credit repair agency earlier this year, yes 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No, not personally, but I don't know if the credit repair agency I worked with did this. 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? 30 days, included copy of S+C below; No questionnaire included. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. 18. How did you find out about this site? Google ------- Arbitration Agreement: 21. Arbitration. RESOLUTION OF DISPUTES: I HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ME. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW. If you are a "Covered Borrower" as defined by the Military Lending Act (32 CFR §232, as amended from time to time) at the time of entering into this Agreement, this section 21 Arbitration is not applicable, you do not need to opt out of or take any action to ensure inapplicability. a. Either party to this Agreement, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 21 (the "Arbitration Provision"), unless you opt out as provided in section 21(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out of this Agreement, any Loan Agreement and Promissory Note(s), the Site, and/or the activities or relationships that involve, lead to, or result from any of the foregoing, including (except to the extent provided otherwise in the last sentence of section 21(f) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to WebBank, c/o Lending Club Corporation, 71 Stevenson St., Suite 300, San Francisco CA, 94105, Attention: Legal Department, which is received at the specified address within 30 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. c. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to customeradvocacy@lendingclub.com at any time, or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. d. If we (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We (or the subsequent holder, as the case may be) shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or the subsequent holder) pay them and we agree (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. e. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section 21(f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this section 21(f) shall be determined exclusively by a court and not by the administrator or any arbitrator. g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship of the parties and/or Lending Club; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or Loan Agreement or Promissory Note(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion of this Arbitration Provision other than section 21(f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 21(f) are finally adjudicated pursuant to the last sentence of section 21(f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. S+C (Velocity)_Redacted.pdf
  5. I am in a position now where I can comfortably work on my credit repair and have been for almost a year. The last items on my list are the 3 collections on my CR. I can manage full payment of 2 accounts now, but would like to approach this in the most efficient manner if I can reduce the payment and MOST importantly remove them from my credit reports but I am unsure if I should be contacting all 3 agencies now or focus my efforts on 1 at a time. DIVERSIFIED CONSULTNTS (not original collector) - For Sprint cell contract $687 9-10 years since contract. Report date Dec 17, 2018 MEADE & ASSOC (original collector) - For medical treatment $660 5-6 years since treatment. Report date Jun 10, 2014 RECOVERY ONE LLC (not sure if original collector) - For Music Store $654 approx. 8-9 years since contract. Report date Dec 09, 2014 I used to receive voice mails up until about 2-3 years ago about these debts but was paranoid and never called or verified any information with the collectors. Now I never hear from a collector. With what information I have provided can anyone offer advice on what order I should do this, and what steps make sense for each of these accounts? I assume that some are easier to work with than others. Thanks in advance for your helpful comments.
  6. hello, this is my first time posting here--sorry if i'm in the wrong section. i have absolutely zero knowledge about any legal processes and any advice is much appreciated. quick backstory - this debt was from an old student loan issued by sallie mae 11/07 which i defaulted on and it was written as a charge off. the last payment made was 05/12 and was reported on my credit 02/13. i can't remember the exact date, but i was served/sued by Neuheisel law firm either 2014/2015 and never went to court and had a judgement placed against me. last year 2016 i had a levy placed on my bank account which cleaned out all of my accounts and the information i recieved from my bank was that the company trying to collect was now Cach LLC. i am not sure if they are the same. i did get in touch with this company and they told me that they do not accept any type of payment plans and that this would have to be paid in full which is impossible for me. i'm a single mom with a 1 year old and after all of my bills/rent i have no extra money. after they collected what was left in my account and my initial contact with them, they tried to call me a few times after to collect the rest and then the calls just stopped. fast fwd to yesterday, i recieved a letter from Gurstel Law firm stating that they "are representing Cach LLC to try and collect on an account that was previously placed with Neuheisel Law firm...at this time no attorney with this firm has personally reviewed the particular circumstances on your account..." i'm at a loss of what to do right now, i've tried searching for cases similar to mine and have found very little. the letter they sent me just gives a balance amount and states that the balance may vary day to day because of fees and if i send them a check right now they will let me know of any adjustments i may need to pay.
  7. 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 mother on 5/8/18 and I believe I have 20 days to answer. Any help on how I answer this summons?? Do I have any ground to stand on? Can I request them to prove anything? Ive noticed it says something about Dated: 2/22/18 but I’m not sure what that’s referring to. Any help is greatly appreciated.
  8. We have a secured loan (undeveloped property) that we can longer keep. We've had this loan for almost 8 years. My wife is going to start college and we just can't do both. I was just wondering what the best way that we should go about this. We've contacted the property company and have been honest with them about the situation and they are willing to work with us however our priorities have changed and we've decided no matter what we're not keeping it. If it does go to court I am going to go and be honest about it and hope for the best I was just trying to get some advice on what my best route is to go. I'm not sure if they would even come after us or just call it a loss and resell it for way more than we owe it on it anyway. Thanks in advance for any help that you can offer.
  9. Hello, My question is when we file our bankruptcy in just a few weeks, if something is not listed, how long do you have to amend it later? I know I have received 4 different judgment letters in the mail this year. We moved in May and I cannot locate the information I had for judgments and a few other bills/medical bills. I know I can go to the hospitals and request our bills but where do I go for the judgments? County clerk office? Also, my husband would like to know how many years back do we go? If it is not listed on his credit report and it was from the early 90's can that still come back to haunt him/us? Any tips helpful. Thank you in advance.
  10. Hi - New here. I will sum up my situation and any advice appreciated. I entered a DMP with a consumer credit counseling service to pay off about 60k in Credit Card debt after major life events made it impossible to keep up with payments. Long story short the monthly payment was too much, so the the DMP was cancelled and all cards were written off as charge offs. 1. Last payments to most of the CC were through the DMP in June 2015. So most cards officially charged off in Nov or Dec 2015 2. One item not included in DMP was a loan through Prosper. Charged off in 5/2015 14k or so 3. Since 11/2015 just been sitting on everything, took approach to pray no lawsuits etc. and make it to 2022 and have everything fall off CR. Credit already ruined so that was my initial approach. Painful , anxiety producing yes. Collection Letters, calls at all hours. None of which I responded to or do now. 4. Fast forward. May 2017. Cach LLC (i have heard all about them) sues me for 14k prosper loan they bought at a JDB . Filed early May. Still have not been served. I learned of suit first via a letter from an attorney advertising their services, so I checked court website, and alas it is there. Hearing set for early 2018. Obviously when I am served I will file and answer, as to not get a default judgement against me. I understand that CACH LLC would need to prove standing, chain of command etc. and is a JDB. In Philadelphia, the case goes directly to Compulsory Arbitration Program All claims less than 50k go to this process: https://www.courts.phila.gov/pdf/manuals/civil-trial/compulsory-arbitration-center.pdf 5. Since my whole strategy to avoid BK and just go the informal BK route, was to pray I wasn't sued, has gone to pot, what do you folks advise I do? I don't want to end up losing to CACH LLC and having a judgement. In PA they can't garnish wages, but can go after bank account. Not that there will be much in there after I am paid monthly it basically is drained to every penny. But the point is what do you guys advise now? Facts: 1. I have absolutely no savings to attempt "settling" other than maybe $500-1000 with CACH, LLC and I am assuming they won't go for this in exchange for deleting tradeline, dismissing with prejudice. Because without that, what is even the point. So my question is should I file BK now, or wait. Chap 7 or Chap 13? Or try to fight lawsuit? Not sure what the point of that would be, with all the other debts hanging over my head. 2. I own a paid off car that is a 2011 model kelly blue book 10-12k, minimal other items, and rent. I make just under the median income amount of 51, 138 for chap 7 in PA. I cannot lose my car as I need it for work, so would I have to go Ch 13? I know my car is over the "exemption" amount so how would that work? 3. I have very little disposable income, after rent, normal utilities, and about a $250 payment per month to IRS on installment plan which I have a few more years on. 4. One last question. What happens if I file BK to the lease and the apt I am renting. I have never been late on rent and have been here 5 years. Would it be best to tell landlord before filing (if I file) and ask them what they would do? Do they have to kick me out if I file? I do not owe them anything, nor am I late on any utility, etc. It is just the consumer items listed above. 5. And if filing, should I get an attorney and what would that cost to file in general? Any helpful advice would be much appreciated.
  11. Hi everyone! I have to preface this by saying that I've been reading these forums since the day I discovered them. Today I finally made a point to register and ask for some of this amazing advice for myself. I fear I'm not sure what to do next. Also being from Maine, I feel like there aren't many resources specifically for this state available to me since, well, not a lot happens here. Regardless of it being in Maine though, so much of the advice I've learned from here has been incredible. You guys are all great and I'm hoping to catch the attention and help I've seen other people receive. Anything would be greatly appreciated! So here goes... If I leave out any important info, I'll be checking this pretty regularly to reply. This is for we'll say a close friend. She's lost in all of it and I've been pretty excited to learn about this and find a way to help her out. But I know all of the details required. Being such a small area too I'm a bit nervous to post too much info as I feel it would be pretty easy to narrow things down. So if anyone recommends I should edit some info out, please let me know! 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? Schreiber/Cohen, LLC 3. How much are you being sued for? 18,xxx.xx 4. Who is the original creditor? Union Federal Savings Bank 5. How do you know you are being sued? Papers served to Co-Signer and defendant's address from 5 years ago. 6. How were you served? Co-Signer in person, at the door. Defendant was not until after answer was filed 7. Was the service legal as required by your state? I'm not sure. Some of the debt collection laws I've read said that they can't serve you by a sheriff? Which is how it was served. But to my knowledge that's a fairly common practice of serving someone papers. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None to the defendant. Though they called the co-signer relentlessly, at work, and accused the defendant (to the co-signer) of being a bad person, etc. 9. What state and county do you live in? Defendant: York County, Maine. Co-Signer: Cumberland County, Maine. Complaint filed in Penobscot County. 10. When is the last time you paid on this account? 2007. Though they're account records mention a partial payment made in 2013. 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? I advised the defendant to send their answer promptly. We did research and found affirmative defenses. Unfortunately it was before I found this forum. So now I feel their answers could have been stronger. Didn't file a motion to dismiss in the answer. Also haven't filed a motion to strike the affidavit. Currently tied up in a motion to transfer to the proper county so we have no new case no. to do anything with. I'm worried we're running out of time. But does a motion to transfer start a new scheduling order? We never received any discovery from the plaintiff either. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. If only I knew better then 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? Currently waiting on new information regarding the motion to transfer. Haven't heard anything from the plaintiff since August but the court says the transfer was approved. Have not received any interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Unfortunately, a lot. Although this may be the usual case as well. I feel a debt of this much is the holy grail for JDB, so they would pull out all the stops. Evidence: Affidavit of Claim from employee of Cavalry Portfolio Services (a company that performs collections services for Cavalry SPV). Stating they were an authorized employee to make the claim for the plaintiff. That they are familiar with the manner and method by which their company and the plaintiff create and maintain business records. That they acquired this account 'on or about' a certain date. The usual stuff I've seen other people see in their affidavits of claim. It states the name at the top, but the signature is completely illegible. It also says it was notarized a full year after the affiant claims the account was acquired. Note Disclosure Statement: I'm worried this is bad. It's a copy of the original loan agreement from UFSB. With the loan amount, interest rate, and final amount that would be repaid. As well as the terms and conditions, but those are listed on an empty application. Account Summary: This is on Cavalry letterhead. It states an account number, defendant and co-signer names, name of original creditor, the wrong address,total balance (which is higher than the amount being sued for), a principal balance (the amount being sued for), and the original loan amount (less than the amount being sued for). It claims the default date was in 2010. Acknowledgment of Transfer: There are a few of these. None of them say any specific account numbers or names. Just that multiple accounts were transferred to new companys. It appears to have changed hands from USFB, to it's subsidiary within 3 months of the original disbursement date. From there when USFB and it's subsidiary closed up shop, it transferred again, and then again to Cavalry. Again none of these have any specifics to the defendents account itself. PHEW! So I think I answered all those questions! So now I should explain the defendants answer. They denied the debt and claimed the plaintiff has no personal relationship with the original creditor, claiming hearsay on the evidence in the complaint. Also for other defenses they listed lack of personal jurisdiction, standing, statute of limitations, also the fact that USFB never had a license to distribute online loans in Maine from the office in Rhode Island. They didn't make it fancy like the ones I've seen. And didn't reserve the right to add more affirmative defenses later. So now I'm stuck and don't know where to research further! Like I said they moved to have it transferred and we were told there was nothing we could do until we a new docket no. The original court had ruled for discovery but then the clerk said we needed to wait for the motion to transfer. So does that give us another chance for discovery? Can we ask for that from the new judge? Is anyone still reading this? Sorry this is so unbelievably long winded. I didn't intend for it to be. I just wanted to be thorough and maybe catch the heavy hitters' attention on here! Thanks again everyone and keep posting the great advice!
  12. I just uncovered a letter sent from an old debt collector that is nearly a year old, back in 2015 around September. This is just after I paid a massive medical debt that completely wiped me out with another company, and I had to take out a personal loan to do it. One of the debts listed on this year old notice is a debt from 2011, and is nearing the statue of limitations in about 6-7 months. Do I want to pay back the debt? Yes, I want to pay them and not get sued. However, based on the age of the debt, I'm worried that as soon as I contact them, they'll automatically resort to suing me because of the age of the debt, without giving me a chance to setup payment options to begin paying them back. There are a total of three different items on the debt, the largest one is the one nearing statue of limitations in 5 months. The other two have another 1-2 years on them. So what do I do? I feel like I'm screwed either way. Do I contact them and risk being sued, or do I remain quiet and risk being sued? I don't have the cash to pay them now, I have to wait until I get a school loan disbursement (in roughly two weeks) or my next year taxes to pay it off in full.
  13. Not sure what the correct group to post this is because it could go anywhere.... I'll apologize in advance for being overly wordy(i ramble lol). Ok, So here's the details: I'm 31 years old, had great credit in my early 20s, then got involved with substance abuse - long story short got addicted to pain medication thanks to an injury as a result from an accident and ended up being a straight up "junkie" - vehicle ended up repod, got divorced, racked up some CC debts, various cable bills/cell phone plans, a major hospital bill, and other debts, and basically skipped out on all of em for years. The Happy ending to my story is I'm almost 3 years clean, Have a good job now, Have a car which I've made on time payments on for just under a year, checking account/savings account, and have started the very long process of trying to dig my way out of the hole I've dug by trying to pay off some of my debts by negotiating settlements with CAs and paying lump sums(best deal I've managed to negotiate so far is $287 of a $787 debt). The bad part is that while I've [aid off a few things I'm still ridiculously deep in debt(If I include student loans which I know I'm never going to be able to ditchI'm probably $40k+ in debt, without student loans It's probably 18-20k). My credit score sucks ****(score is 561 according to experian). The majority of my debt's last date of any pmt was 2011-2012(I think I have 2 cell plans going into collections in 2013/14). I don't want to spend 7 more years dealing with no ability to qualify for a Credit card or get an apartment if I declare bankruptcy(although ironically while my credit history with virtually every other service became toxic, as far as apartment rental history goes I have almost 7 years of good standing/lease fulfilled in that regard) nor do I want to suddenly force the burden of repaying my student loans(have both private and federal ones) onto my parents who co-signed them. From what I've been reading the Debt consolidation services out there seem to not actually help my credit score(although it can't get much worse). I've been offered a secured card through a couple of the companies who I have settled debts with as well as USAA, and I'm thinking about opening up at least one with the hopes that They might help rebuild my score(Idk for sure about the CA settlement one, but I know the USAA one stated if I kept a good pymt history they would eventually change the card into and unsecured one, and whatever amount I initially put up would be put into a CD so I'd receive interest during the 2 years it was my "collateral" for the card. My question is what should I do to resuscitate my credit score? Should I go /w the secured cards to open up additional positive lines of credit, or will they end up not doing anything? Continue trying to contact the various CA's that have contacted me(plenty of the debts I haven't heard a peep from in years but just show up on my CR) and keep trying to negotiating settlements myself and paying them off, or go through one of the Debt consolidators? Just wait everything out for another 3 years and accept that I won't be able to get an apartment by myself? Or do I go /w the nuclear option and hit the bankruptcy button? If y'all need to move this topic somewhere else that's fine, I wasn't really sure where it fit best, but figured since I'm focusing on repairing my credit worthiness this thread might be best. Thanks in advance to anyone who can help! Just to summarize: Current Age:31 Current state of residence: TX Debts:40k+(16-20k student loans, 18-20k credit cards/medical/other) Credit score(561) Employed full time, has checking account, savings, Direct deposit, active vehicle loan /insurance /w current pmt history
  14. Hi everyone, I did a search on the forums and was unable to find a scenario like mine. If there is one and I missed it, I apologize in advance for overlooking that. When it comes to my question, it originates from a medical debt collection started in 2011 that, as far as I know, came from me breaking my hand in 2010 and being of legal age. Although I signed all of the medical documents, my parents were going to pay the medical bill as I did not have income to pay for it because I was a full-time student. With that said, my parents accidentally stopped paying the debt (I believe it was being paid for on a charge card and they received new cards), and it eventually ended up on my credit report, resulting in around $1600-$1700 in debt. So, why am I worried about it now that it is almost 2.5 years away from being removed from my credit report? It is because I have a flawless credit history outside of this collection and I honestly want to correct this "mistake" so I can continue on with having my "perfect" credit history. Now that I am graduating college and am possibly looking at moving out soon, I want to be able to have a clean-slate and not run into any issues with my credit history. I am also looking at applying for another credit card or two as my credit score is slightly above 700. Now my question to you friendly folks is this, I have read about settling and seriously pursuing the "pay for delete" route because that is the best case scenario for me, but where do I start?. I have the money to offer a sizable settlement amount, but I do want to try to settle for as low as possible as I know they buy the loan from doctors for pennies on the dollar. As a side note, this debt is still owned by the original CA that filed the delinquency back in 2011. Do I send a letter of validation even though I believe the debt is accurate and all of the notes match up with the original source of debt (the hospital)? If I do and I receive confirmation, do I offer 20% of the debt and work my way up from there? Do I run the risk of having them "reset" the SOL if I try to settle for a pay for delete? I am very serious about getting this removed, and am willing to spend generously if that's what it takes, but I'd rather start low and work my way up from there. This was what I was thinking about saying when I call them, "Hi, “name" I was hoping to be able to speak with someone about being able to settle a collection on my credit report. I inherited debt that I did not know was not being paid, and am hoping to be able to make it right and come to an agreement. As a result of this agreement, I am hoping that we can also agree that this will be a pay for delete settlement and you will contact the credit agencies to have this derogatory mark removed." If you made it through this post, I want to say thank you very much for your time and hope that you can provide me with any advice on how to approach this situation. Having this removed from my credit report would be absolutely amazing for me and my mental "well-being."
  15. Hi guys!! Ok, so I wanted to come on here and ask for you guys' advice for a friend of mine. Here's the HUGE problem.... He has a $300,000 foreclosure PLUS some credit cards on his account. The problem is..... the foreclosure is a house that his mother purchased when he was 18 and tricked him into cosigning for it because he had great credit. She basically told him that he was signing for the house in case anything happened to her... it would go to him without any issues. This is when he knew nothing about this type of stuff. He just signed the papers. He didn't find out until he was like 21 and went to go buy a house with his ex and found out he had a foreclosure on his credit. THEN...not only that but just about a year and a half ago him and his mother got into it really bad because he found out that she had opened some more credit cards in his name. He tried to dispute it with the credit companies but they didn't believe him because he was living with her and the credit card bills were the same address as his. as far as the foreclosure, he was told the only way to get it off his credit was to file fraud and he didn't want to do that because he didn't want to send his mother to jail. She's done this so many times and it really pisses me off. Her and her sister were doing it together, except her sister wasn't doing it to her own family members. Her sister actually got caught and went to jail for 2 years. This is a very touchy situation. I told him to let me help him try to repair his credit because I am doing pretty good in my journey but he is convinced that nothing can be done about the foreclosure especially. I would really appreciate all the help we could get on this subject!!!
  16. Hello there. To start off with I am in Seattle, WA and this was filed in King County Superior Court. So in the midst of reading through everything on this forum, I like many people are stumped on how to handle the motion I just received and on what I can actually do at this point. History - I received a summons from Suttell & Hammer on behalf of Midland, LLC back in Nov 2012. I admittedly did not respond to the summons because it did not appear real or to be not actually filed, no date stamp, nothing. There was no document filed with the courts until Feb 2013. To which I received nothing until today. Today - May 4 2013 - my girlfriend was served, well she wasnt because she wouldnt accept but the individual just left it on our porch an "Order and Proceedings Supplemental To Execution and Order to Show Cause Pursuant to RCW 50.12.070. In this motion, it states that I have to appear before the courts on May 29th, 2013 and produce all this paperwork (of which I am sure you know of)... bank statements, assets, vehicles, etc. At the end of the motion it states: "The Judgement creditor's attorneys are debt collectors. This is an attempt to collect a debt. Any information obtained will be used for that purpose. If you fail to appear, the Court may enter an Order for Judicial Subpoena to the Department of Employment Security." Of course the included the questionnarie that I could return with ALL of my personal information - which for the record, I am NOT giving those a*holes any of my personal records. I know I made a mistake not replying to the summons (perhaps, which wasnt from the courts), but at this point that is a mute issue. So here is what I would like to know. Do I have any ability at this point to fight them? Can I make them prove the debt at this point? Can I ask for a continuance - legitimately because I am teach that day and also because I could use some extra time to think? It appears to me that if I sign their little form and give them all the information in the questionnaire, they can just do whatever they want, which I am again, not going to do. However, I am trying to figure out if I have to go to court and what might happen if I do or if I can not appear and if all they will get is the order to the department of employment security? Unlike other people, mine does not read it would be contempt of court. I just says, the Court may enter... Second, my understanding is that if they get the employment record, they can garnish my wages - but wont be able to touch my back accounts. I honestly dont care if they garnish me. If its going to happen, its going to happen. I would prefer no, but at the same time if I can just limit them to that, I am fine with that. It just scares the **** out of me that these a*holes could get their grubby hands on my account info. Which I know is not legit. Also, I do have some assets, limited, but some. Like I own a Harley because my father gifted it to me. I dont want them touching that either. Any thoughts or advice on how to deal with these guys at this point? Thanks, Tylir
  17. A suit was brought against me in May of last year by Midland in Franklin County in Columbus, Ohio. Here is a list of what has transpired since then: 5/21- Filed by Midland 6/13 Filed for Definiative Statement 6/28 Plantiff filed for my statement request to be denied 7/13- DEFENDANT'S MOTION FOR MORE DEFINITE STATEMENT IS DENIED. PLAINTIFF HAS COMPLIED WITH THE LAW IN ITS PLEADINGS BUT MAY NOT BE ABLE TO PROVE ITS CASE WITHOUT FURTHER DOCUMENTATION. PER JUDGE BRANDT 7/18- I filed for a motion to dismiss pending arbitration 8/20- This is denied 9/17 Plaintiff filed to have a default judgment as I never filed an answer 9/24- Filed an answer denying this is my debt 9/24- Motion for Summary Judgement was denied 9/27- Plaintiff served me with Interrogatories and I denied all claims. There was also further documentation filed. An affidavit from a Susan Rassmussen that she knows of their business practices and that this is my debt. They also gave me two statements that had NO purchases, NO payments, and a copy of Midlands Purchase Agreement and their statement 10/02- We went to mediation and it was unsuccessful and we were set for pretrial 10/02- I served the Plantiff with Interrogatories, requesting statements with Payments, date of last payment, any purchase, a statement with a 0 balance and subsequent statements The plaintiff returned the interrogatories and said to 90% of them that the information I was requesting was too cumbersome for them to get and that what they provided was enough 12/13 I filed for a motion to compel 1/9 Midland opposed my motion 1/17 My motion to compel was denied We had a pretrial that was pretty much a waste of time as the Judge wasn't there and we were to just talk ourselves to try and work something out. 2/12 Plaintiff filed for Leave to be able to file for Summary Judgement on the grounds that if this went to trial it is obvious they would win based on the information they have provided 2/19 The Judge granted their motion and their Summary Judgement was filed 2/25- I filed my opposition to this motion based on the main fact that at this point they have not provided everything they need to provide to validate this debt including the statement or date of the last payment which we would need to ascertain if the debt was mine but also if the statute of limitations had expired. 2/25- I also filed a Motion for Summary Judgement that the Plaintiff is unable to prove their case and so it should be dismissed I am waiting on the judge's ruling but wondered if there was anything I am missing or should do. AND if I lose and he grants their motion are there any steps I can take to overturn this because it seems like he is just denying all of the motions and that he wants this to just be over with. I feel confident that I have the law on my side here but am feeling like the judge is a wild card. Sorry it is so long but I wanted to give the complete picture. Thanks for any feedback! I have gotten this far because of this board!
  18. Here are 10 mortgage tips to help you with your mortgage decisions in 2013: 1. Stop procrastinating and refinance. If you haven't refinanced recently, you're probably paying a higher interest rate on your mortgage than you should. Take advantage of today's record-low mortgage rates while they last. 2. Buyers, get moving. With rates near the bottom and home prices on the rise, it's still a perfect time to buy a house. Get a mortgage preapproval before you start shopping. 3. Compare FHA vs. conventional loans. Many homebuyers opt for aFederal Housing Administration mortgage because it allows them to buy a home with as little as 3.5 percent down. But the already costly FHA fees that are added to your loan will increase again in 2013. Consider saving a little extra for a down payment on a conventional loan. 4. Ensure that your credit is golden. Credit standards remain tight. As new mortgage rules are unveiled in 2013, the standards are not expected to loosen. If you plan to get a mortgage anytime soon, you must treat your credit as one of your most valuable assets. You'll need a credit score of at least 720 to get the best rate. Borrowers with a credit score of 680 or more can still get a good deal. Review your credit report before you apply for a mortgage. Sometimes, paying part of your credit card balances can boost your credit score quickly. 5. Want to pay off your mortgage earlier? If you are one of those homeowners who dream about being mortgage-free, the low-rate environment may be a good opportunity to refinance your 30-year mortgage into a 15- or 20-year loan. Make sure you can afford the higher payments on the shorter loan and that you have money saved for emergencies. 6. Underwater refinancers: Don't take "no" for an answer. If you owe more than your home is worth and have tried and failed to refinance, give it another shot in 2013. The Home Affordable Refinance Program, or HARP 2.0, was revamped to allow homeowners to refinance regardless of how deeply underwater they are. Lenders are much more open to HARP 2.0 refinances these days than they were a few months ago. If one lender says you don't qualify for a HARP refi, don't take "no" for an answer. Try to find a lender willing to do it. 7. Give your lender a chance. If you have trouble paying your mortgage, don't ignore your mortgage servicer. There are new programs available for borrowers who struggle to keep up with mortgage payments, including forbearance for those with FHA mortgages. Lenders have been more willing to work out delinquent loans through loan modifications and even short sales for homeowners who can't afford to stay in their homes. 8. Shop for a low rate and good service. Even with rates hovering near record lows, you should still shop for the best mortgage deal. Get quotes from at least three lenders and compare not just the interest rate but also closing costs and the quality of their service. Favor lenders that have a reputation of closing on time. 9. Approved for a mortgage? Leave your credit alone. Most lenders order a second credit report for the borrower a few days before closing. Don't open new accounts or charge up your credit cards at the furniture store while you wait for closing day. 10. It's not over until the loan closes. You've submitted your mortgage application and locked a rate. The race has just begun. Submit any documents requested by your loan officer or mortgage broker within 24 hours, if possible. Lenders will remain overwhelmed with the large volume of refinance applications at least through the first few months of 2013. Follow up with your lender or mortgage broker at least once a week to ensure the process goes smoothly. Mortgages Tips and Informations
  19. hi all, obviously this is a post judgement case. unfortunately i received a writ of garnishment from midland here in az. now when i say i i mean my name is on the letter, but the issue im having is it says my name and then i reads and his wife, then i t reads my mothers name. first, i dont have a wife, and second my father and i share the same name. the issue i am having is i was never served, even from the start of the complaint. in the packet i received i received a copy of all the other summons up until the garnishment. and every single one of them lists the defendant as my same name and my mothers name. now, i cant ask my father if he knew of this, unfortunately he passed away in a work accident last july. when looking thru his mail i came accross one letter from midland offering a settlement, and on that letter the last name is misspelled. another issue i am looking at, is that this is an account from bank of america, which midland, according to the summons, they started collecting in may of 2005. the only progress i've made is filing for a hearing. now im stuck, and in need of advice and im unable to afford an attorney. i pulled my credit report, and on there is an account from bank of america, that was opened in 1995, the issue with this is that at that time i was only 12 years old. so i'm pretty sure i was unable to get a credit line on my behalf at that age.
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