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Found 6 results

  1. Hi everyone, I am new to this site but have read many threads. I am sued, served on 12/19/2018 by Portfolio Recovery. Here is my paperwork they served me. I need to file my GD in a week. I need guidance on how to handle this. What affirmative defenses I should claim? or just deny all. Thanks a lot for all your inputs. PRA 2019.pdf
  2. I am being sued by Unifund. I don't recall the debt. I pulled my credit report and can't find OC (citibank cc) or JDB on any of them. I contacted their attorney and Unifund and requested any other info they had to help validate this so I could negotiate if in fact it was legit. (Just courtesy call nothing formal in writing) They sent appx 6 statements from 2015 and 2016 on act opened in 2012. At first glance I noticed my name. I have a very common name , (like Barb Jones or Cathy Smith common) and my medical records have been confused with a woman by the same name but different birthday, so I use my middle initial on legal documents. There is no middle initial included. Also, there was an auto pay set up for $50 but it never even covered the minimum payment due on the alleged acct. It was short over $30 every month to meet the required minimum monthly payment with dates going back to 2015. The balance on the card however , always went down. It never had any late fees or penalties as a result of the minimum not being paid, and monthly interest was charged on changing balance. None of the statements showed any other activity. No purchases. No credits (except an auto pay) . I attempted to look wAy back in my bank records for an auto pay and could not find one. In 2012 I had multiple surgeries and applied for credit to pay medical bills. I did fall behind but settled with monthly payments with an attorney but it was not affiliated with this OC or JDB. It is only for $1800 which could have been paid the last few years in 2 payments had I known it existed out there. Now there's a suit against me and I don't want spend big money on attorney as it would be cheaper to just pay this alleged debt. But I don't want to pay that either. It isn't fair for me to have to guess if I truly owe this. I called the original creditor to try to get details to no avail. Need some major guidance here PLEASE!
  3. 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.
  4. I need to file a motion for leave so I can add an affirmative defense to my answer to a complaint filed in civil court by an attorney representing a JDB. My original answer included lack of standing as an affirmative defense. I did not include a mandatory, binding arbitration clause and a small claims court clause as an affirmative defense. I wasn't able to find a sample motion for leave that dealt specifically with my issue, so I pieced the following together from a few examples I found online. Because I'm saying the court lacks jurisdiction due to the arbitration/small claims clauses, do I also need to file a motion to dismiss or a motion for summary judgment? It's my understanding that I need to file this within 20-days from the date my answer was filed, so I have two days to work with. Thanks in advance for your help. DEFENDANT'S MOTION FOR LEAVE TO AMEND THEIR ANSWER AND ADD AFFIRMATIVE DEFENSE Defendant, [name], hereby moves the Court for leave to amend their Answer and add an Affirmative Defense. In support of this motion, Defendant states: The court should grant Defendant's motion pursuant to Rule 15 of the Federal Rules of Civil Procedure and in the interests of justice. Defendant's proposed amendment includes the addition of the following affirmative defense. AFFIRMATIVE DEFENSE This court lacks jurisdiction due to the presence of a mandatory, binding arbitration clause and a small claims court clause in the loan agreements. WHEREFORE, Defendant requests that the Court grant Defendant's Motion for Leave to Amend Their Answer and Add Affirmative Defense, attached hereto as Exhibit A. [Exhibit A will be a copy of my original Answer revised to include the new Affirmative Defense.]
  5. I'm new here. I was served by PRA on 4/19, case was filed on 3/27/14 in Florida. Two counts listed: Account Stated & Unjust Enrichment. They submitted page 1 of a credit card statement from Sept 9, 2010 to Oct. 10, 2010 with a min payment due of $1,953. I don't have any paperwork. I pulled my CR and the last payment was on 2/24/2010 on both PRA account information and OC. I am going to file my answers and affirm the SOL defense plus others. My question is, when would I file a motion to dismiss based on the SOL?
  6. I recently received a summons from my county court in response to alleged debts from a JDB. I was hoping that someone could help critique my answers. 1. Oli-v, Defendant (s) is a (are) residents of XXXXX County, with a post office address of (my address). 2.The amount claimed herein does not exceed the jurisdiction of the court. 3. the amount claimed from Oli-v, the Defendant (s) is One Thousand Three Hundred eight and 66 cents ($1208.66, together with proper interest at the contract rate of 21% per annum in the amount of $1,571.27, attorneys fees of $196.80, court costs, and any other items allocable by statute or specific agreement. 4. Such claim arises from the following event (s) or transaction (s): The failure to pay sums due and owing on an account incurred by the Defendant (s), Oli-v, in XXXX County,Colorado, a copy of an affidavit of account and/or a summary of your account is attached hereto and incorporated herein. 5. The Defendant (s) is(are) not __ is not (are not) in the military service of the United States. In support of this statement, the Plaintiff (s) set(s) forth the following facts: (State facts concerning military service of the (Defendant(s) is not known, so state here.) The Defendant(s) is (are) engaged in civilian occupations. 6. The Plaintiff(s) does(do) ____ does(do) not __X__ demand a trial by jury (if demand is made a jury fee must be paid). My Response is as followed: COMES NOW the Defendant Oli-v Pro Se to answer the complaint(s) as follows: 1. Admit 2. Admit 3. Defendant denies the allegations contained in paragraph 3 of the Complaints as the Plaintiff has provided no documentation to support the allegation. Defendant does not recall the alleged debt and has insufficient information to admit of deny. 4. Defendant lacks the knowledge about the truth and therefore denies the allegations contained in paragraph 4. 5. Admit 6. Defendant does not demand trial by jury. Affirmative Defense: 1. Plaintiff is not the real party in interest. Plaintiff has not provided a bill of sale of valid assignment of the debts to prove ownership of the alleged debts. 2. Defendant reserves the right to please other affirmative defenses that my become applicable. Wherefore, Defendant prays that the court take nothing of the Plaintiff(s) Complaint by virtue and dismisses the complain without prejudice.