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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 their complaint form that says : "2nd cause/action: Plaintiff stated an account to be defendant without objection. That there is now due plaintiff from defendant(s) the amount set forth in the complain, no part of which has been paid although duly demanded." Isnt this a violation of some rule? I do have the old letters they said making claims that if I "dont respond the debt is assumed valid"; and I was told in passing that this violates some law; but I'm unsure of what can be done. Also, as it's not written as an official numbered complaint, I'm unsure if I should address this on my written answer. I'm also not entirely sure how I get the answer to the plaintiff. Resources on NYC's legal aid site mention having to involve a notary and having a third party uninvolved in the case deliver the answer, while the summons itself states I need to serve a copy of my answer directly to the plaintiff's attorney, which is located about 3 hours from me. Also, the index number on the summons handed to me is a 6 digit number, but a reminder from my local courthouse has the same index number only with a slash and an additional two numbers at the end. Sorry for all that, here are the template questions. 1. Who is the named plaintiff in the suit? Jefferson Capital Systems LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Forster and Garbus LLP 3. How much are you being sued for? $31,829.81 4. Who is the original creditor? (if not the Plaintiff) SLM Education credit finance C. 5. How do you know you are being sued? (You were served, right?) I was served on July 2nd, 3:00pm. 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes. 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? Nothing. 9. What state and county do you live in? Richmond, New York 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) January 2012 11. What is the SOL on the debt? To find out: 6 Years. Statute of Limitations on Debts 12. 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). Suit served. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. 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? 20 days. The summons was handed to me on July 2nd, so this Friday. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The summons states "Upon information and belief of a promissory note." 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I'll be watching this thread closely, so please feel free to ask any questions in the event I missed some details.

Hi. I cannot find ANYTHING about my situation. I am in California and was sued last year by LVNV and Mandarich. I read up and filed my answer about 2 weeks after being served. I never saw the answer listed on the website for the court. I even called them 2x in September and they kept saying it would be posted. Mandarich from Chicago is who filed and who I sent answer to. Then they sent me discovery from Ca office. I answered and sent MY discovery to Ca. The Order to Show Cause was this month so I went because it was a bit unclear from the boards about who should be there...So, there was a lady attorney for them and she asked the OSC to be put off till next year...I told the judge I was not sure why this is happening since I filed my answer. I had the ENTIRE binder with me with my answer both our discovery etc. Judge said you did? I dont see it...I said I never saw it on the web either and I called about it a few times but I told her I have the stamped filed copy here. She told me to take it up with the county clerks??? WTF???? I read a 300 pg.book DIRECTED AT JUDGES called "Bench Etiquette for Self-Represented Defendants". She needs a copy...she could have at least LOOKED at it...I mean I showed up...Obviously am interested in case. She told me "osc is not for me...it doesnt concern me...I might as well be talking to a wall..."??? I cannot tell you how offensive I found it...I DID my part...So called to clerks office when I got to the car...And they found it and got case management scheduled. I am getting sued by Target as well and that was filed in Feb and in April they did Case management conference for next week so I was wondering why the LVNV one never had that...Then I got a letter from the CHICAGO office AGAIN with papers for requesting default judgement...they said it was filed the Friday before the OSC. But we do have Sept date for case management for them...But it said in the default request they were supposed to be attaching the assignment etc which was NOT on the copy they sent me. And the name they first stamped is a paralegal in Chicago but that name was crossed out and Raquel Lopez was who apparently did it but cant find her anywhere. So why did the judge seem completely unhelpful??? She is going to be the judge both my cases so have to tread lightly... The things that these lawyers are doing seem very wrong to me...Example: I am NOT an attorney but I KNOW CCP 1013 has in 3 places that you are to send the Proof of Service by mail UNSIGNED!!! Which I have done EACH time I send them anything..Yet theirs are signed...thus committing perjury. LVNV did not include the REQUIRED ADR packet and Cover sheet when I was served...So they broke the Rule 3.7 and 3.221 with those...so WHY do I know this and they dont?? or they dont care... Target did not even finish the form for case management...they did not answer number 10 about the ADR packet and they did not list the date by which discovery would be done...I amswered those...I mean it is ridiculous... ESPECIALLY the LVNV discovery etc because WHY are we doing that if I did not answer??? And the transfer and assignment was RIDICULOUS!!! transferred thru 3 "seemingly" individual companies on the SAME DAY with 3 signatures I looked up as I have seen people suggest...There was NO header NO addresses..I could have made the Transfer and Assignment and Bill of Sale...and one of the people the infamous "Rusty Kendall" signed "Kennet Kendall"...that seems illegal to me...esp since I found he has 9 alias not one of which is Rusty...so not sure how that is an affidavit...if it is... And the Answers they sent were Verified and Executed in SC on Oct 15 by someone for LVNV and they also typed up answers and signed Oct 15...so you sent my discovery to SC and got her answers back and signed (what looks like she signed in pen) and typed it all up and signed and sent all on Oct 15???? I find that highly suspect.. And I found 3 lawsuits with LVNV stating that they "have no offices and no employees" and they merely hold the assets and let Resurgent sue and contact people and LVNV NEVER contacts any debtors"...Resurgent is not who is named in suit..LVNV is...and my transfer was signed 2018 and one case was in 2018 and one in 2019...so explain why Kevin Branigan and Rusty Kendall are believed to be LVNV reps and it says on my transfer Rusty Kendall is representative for LVNV the company I am assuming SWORE UNDER OATH they have NO OFFICES AND NO PLOYEES.... Anyways, those are the questions I have for my cases... Just really frustrated with all the shenanigans and clearly breaking the LAW that no ome seems to get reprimanded for... Planning to put those issues in Brief but who knows if the "take it up with the clerks" will even read it etc...would LOVE to put their incomplete request for default judgement in the case since they clearly did not attach the right things but know i should not give their side any leeway.... oh and the case management statement said the PLAINTIFFS ATTORNEY was supposed to send ME the cover sheet and ADR with the case management statement which they did not....arrgh...so frustrating that I am TRYING to follow the law and they flaut it at each turn... And one more thing...I found last night (and the book is from 1987 so it may not be the rule anymore) but Business and Profession Code 6077.5 says employees who are NOT lawyers MUST sign their name AND position on the letters and ALL the letters from Mandarich are signed Mandarich Law Group... So any info on these issues would be deeply appreciated...thanks so much!!! ps...next wed is the target case management thing and they have not contacted me...i know the rules say i can contact them but since they are suing me....why should I have to call them???

Hi and thanks in advance for reading- so 2 weeks ago I was served by cavalry’s attorney (Jenkins and Young in Texas) for an old Citibank debt. It was filed in district court. A few days ago I filed my answer and motion to compel arbitration. The debt is for about $1,900. I reached out to the attorney after filing to see if they would dismiss. I reached out through the “make an offer to settle” link on their website. Also, they received by email and mail copies of my court filings. It has been almost a week since I reached out and I have not heard a word. Do you think they will wait until there is a motions hearing to make contact? Thanks!

Big picture: Sued by Cavalry on behalf of Citi for $2.5k. Am composing Answer along with MTC. Specific: One of Cavalry's allegations is: #12. That the balance due and owing as of blah, blah 2016, was $2.5k. A true and correct copy of a billing statement is attached hereto as Exhibit A and is incorporated herein as though fully set forth in detail. That seems a bit of an overreach. Is that even a thing they can allege? I mean, obviously, they did- but how does that work? They did attach a statement. I am considering, as a response: #12. I deny. I reject the premise that one purported billing statement may be "incorporated herein as though fully set forth in detail." Am I perseverating upon minutiae here?

Who is the named plaintiff in the suit? TD Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sea Eye Arr Law Officers 3. How much are you being sued for? 1k 4. Who is the original creditor? (if not the Plaintiff) Tea Dee Banc 5. How do you know you are being sued? (You were served, right?) Served a summons 6. How were you served? (Mail, In person, Notice on door) They dropped it off with my 11 yr old son 7. Was the service legal as required by your state? I don't think so 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? I called them once and they said they would call me back and never did. (I never did speak to the case manager at all, just the girl who answered and or me on hold) 9. What state and county do you live in? CA, LA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown 11. When did you open the account (looking to establish what card agreement may be applicable)? Unknown 12. What is the SOL on the debt? To find out: 4 yrs Statute of Limitations on Debts 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). Suit served. Have not yet answered. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? 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 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? 40 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just the basic claims that I owe them $$. No real evidence as far as I can tell.

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 Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served a Summons & Complaint April 2019 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes, I think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I previously wrote them sometime in 2016 with an offer-in-compromise of 10% of outstanding balance, and again with the same offer after receiving Summons in April 2019. I have never received a response. They called recently, and left a call-back message, but I have not returned the call. I have since learned that I don't know if they are legitimately entitled to anything due to various Affirmative Defense reasons. 9. What state and county do you live in? El Paso County, Colorado 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Last Pay Date - Oct 2015 11. What is the SOL on the debt? To find out: 6 years 12. 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). Summons/Complaint for Money Due - Dated 3/19/2019 Served Summons/Complaint - April 2019? Not sure exactly. Complaint Answer Due - 5/7/2019 (but I'll be out of state and so must file by EOB 5/2/2019) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Debt was "Charged off as bad debt. Profit and loss write-off” by Discover in April 2016 (per my credit report). 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. 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? I must respond to Complaint by 5/7/2019. Complaint: “1. Venue is proper as Defendant resides ... 2. The amounts the Plaintiff claims from the Defendant are $xxxx which represent the liquidated balance of the Defendant’s credit car account owed by Plaintiff, less credits of $xx, plus court costs. 3. The Plaintiff’s claim arises from the Defendant’s failure to pay the liquidated balance due on credit card account xxx as required by cardholder agreement. The Plaintiff claims the right to recover from the Defendant under one or more of the following legal theories: Breach of Contract, Liquidated Debt arising out of a Contract under C.R.S 5-3-304, or Unjust Enrichment. 4. The Plaintiff request interest on any judgment entered on the Plaintiff’s claims in this case to accrue at the rate of 8% per annum compounded annually fro the date of the judgment, pursuant to C.R.S. 5-12-102. 5. The Defendant is not a minor ... 6. The Plaintiff does not demand a trial by jury.” 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent: a copy of the Complaint; the last credit card statement before the account was closed; a stock fine-print copy of the Cardmember Agreement (no signatures); an ANSWER form; their contact information & payment information. I've since learned I need to file an Answer by 5/7/2019, with admit, deny, or lack of knowledge for each of their numbered allegations (but I'll be out of state and so must file by EOB 5/2/2019). Here's my draft response: I. ANSWER In answer to paragraph 1, Defendant admits he resides at the stated address, but lacks knowledge to admit or deny the allegation of whether this is the proper venue, and therefore Defendant denies the allegations. In answer to paragraph 2, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 3, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 4, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 5, Defendant admits the allegations. In answer to paragraph 6, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. II. AFFIRMATIVE DEFENSES Plaintiff has failed to state a claim upon which relief may be granted. Plaintiff’s claim demands monies for an alleged debt for which no proof of said debt, nor proof of ownership of said debt, has been verified and exhibited. Plaintiff has failed to trace in his statement of claim the derivation of his cause of action from his assignor so that the defendant may challenge the plaintiff’s claim that he is the present owner of the cause of action. Plaintiff has knowingly filed the claim without presenting any applicable original signed contract. Insufficient Specificity. Plaintiff has failed to provide the dates on which individual transactions were made, the amounts therefore and the items purchased to be able to answer intelligently and determine what items Defendant can admit and what items he can contest. Failure of Consideration. No exchange of money or goods occurred between the Plaintiff and the Defendant, therefore, defendant cites Failure of Consideration. Repudiation. Plaintiff is not named in any alleged signed agreement that is purported to have been entered into between Defendant and Plaintiff. Lack of Privity. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff. Plaintiff's complaint violates the Statute of Frauds. There is no contract or agreement in writing and signed by Defendant or by some other person authorized by Defendant and who was to answer for a debt. Scienti et volenti non fit injuria. Plaintiff claims to have purchased the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages. Laches. Plaintiff waited too long to file this lawsuit, making if difficult or impossible for Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed. My questions: 1. What am I missing? 2. What have I added that doesn't apply? 3. M&J is listed as attorney's for the plaintiff. How is that different from a debt collector who bought the debt? 3. What if anything should I say regarding a jury trial? 4. The Cardmember Agreement provides for arbitration. What if anything should I say about that? 5. Other thoughts/advice?

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?

Hi all, I've been reviewing, taking notes and trying to get all my ducks in a row for a pending suit brought on by Midland/BestBuy/Citi. First, and foremost, thank you to those who have posted their situations and those who have replied with logical next steps or thoughts. Your insights, suggestions and experiences have brought a sense of relief to what started out to be "one-more-thing" on my stress filled plate. Onwards...I have an answer prepared (which may have more than needed, hence my request for help) and attached for which I'd like some "kind" input as to what to keep and what to delete. In advance, I appreciate the community's help. Answer - DWP MIDLAND.rtf

Hi Guys, so I was served with a second lawsuit. Ughh just my luck! Now I am being sued by Portfolio Recovery Assoc. They only provided me with 5 page booklet. The first two has the court serve paper, the 3 -5 are their request regarding suit. I posted pictures below. They did not provide me with any affidavits or witness or agreements or anything like how midland did. How can I dispute this. Can someone help me or provide me a template I can use for my answer that I can quickly modify or use it .I need to turn it in asap and how should I handle this,, any thoughts or assistance? 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? Portfolio Recovery a$$ 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) County Court 3. How much are you being sued for? 1,290.05 4. Who is the original creditor? (if not the Plaintiff) Synchonry Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so 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? None,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2017 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 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). Suit Served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? 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'). None. 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? 14 days 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. None just their 3 pages of petition and the original and copy of serve document. 18. How did you find out about this site? Google 18. Read these two links:

Several years ago, I was a member of this forum. I had to create a new account as password recovery didn't find me... I was served with 2 complaints recently. One from JDB that I'm feeling confident for now that I can deal with. The second is from an OC and I'm now in the first phase of discovery. I'd like to hash it out a bit. 1. Who is the named plaintiff in the suit? Capital One 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark, LLC 3. How much are you being sued for? Approx 6,000 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? left on doorstep 7. Was the service legal as required by your state? Unknown, probably yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in? Idaho 10. When is the last time you paid on this account? SOL not up 11. When did you open the account (looking to establish what card agreement may be applicable)? Not sure, 2013-14? 12. What is the SOL on the debt? To find out:Time has not expired 13. What is the status of your case? Suit served? Motions filed? Served. Answered Summons/Complaint, denied all but my name. Used Failure to State Claim as affirmative defense as absolutely nothing attached to their complaint. Filed my answer at the clerk's office and sent certified/return receipt copy to Plaintiff's attny. I've sent my first set of discovery requests to attny. I received Plaintiff's 1st set of Discovery requests and am now working my way through my answers. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not. 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 I have not. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing was sent with the summons. I can't find if they were required to attach anything in Idaho? This is one of my questions. 18. How did you find out about this site? Internet questions I've mailed my first request for Discovery/Interrogatories/Request for Docs. Mailed it to them 01/09/19. One day later, I received a packet from them containing Plaintiff's 1st set to me. Looks like they're still using the exact same questions as they did several years ago! I'm aware an OC is a whole different ball game then JDB, but I'm slightly hopeful I can pull through. I'm diligently searching and reading and studying, trying hard to find my own answers to my questions. Just need some encouragement and a little nudge in the right direction now and then. Their interrogatories contain the standard questions, along with asking if I've ever been convicted of a felony, been party to a civil suit, identify books/papers/records I used to answer...(answered these with: Objection, irrelevant and not likely to lead to admissible evidence. Or, with Defendant without sufficient information or knowledge, etc.). I answered all of the requests for Admission with: Defendant states after a reasonable inquiry, information known or readily obtainable is insufficient to enable to admit or deny therefore denies. With the exception of the last request. Request: True and correct copies of the documents referenced in these Requests for Admission are attached hereto as Exhibit "A." It contains some 1. old past due statements with the last 4 digits of the account referenced in their complaint, 2. a piece of paper that reads, "Your account has charged off. It is now being serviced by Recoveries department. Call 1-800-xxx-xxxx if you have questions about this notice." 3. a Capital One Customer Agreement (from 2014), 4. a Capital One monthly billing statement with a DIFFERENT account ending number (!) Obviously, Mr. Attny didn't pay close attention to what he was sending in his exhibit "A". I started answering this final admission with, "Objection. Plaintiff's Exhibit "A" does not contain "True Copy" as all the documents contained within fail to have been notarized to certify that the copy is a "true" copy of the original document. As to whether they are "correct" or not, Defendant objects. Defendant is w/o sufficient information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation. Should I go ahead and send my answers to the Plaintiff's attny, or is their Exhibit "A" weak enough that I should take another route at this point? I don't think Johnson Mark has any other evidence, no affidavits, etc. Thank you in advance for reading this long book...

Hi guys, I am new this, this is the first time I face a lawsuit. I would greatly appreciate any assistance in knowing what process I should follow regarding this lawsuit. I received the serve papers on 8th of this month and I submitted an answer Friday 11th. I will be posting pictures regarding the files I got and also the answer I submitted to court. Big thank you to @texasrocker for assisting me in the first step of the process. If anyone can help me or guide me I would greatly appreciated. Please excuse my typing and run off sentences. I really do not have any knowledge in business law so please bare with me if I ask too many questions. Steps Completed. 1. Answer Submitted 2. Can someone help with discovery part, what template can I use and do I file it at court and mail it off to the midland attorney, 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? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) County Court 3. How much are you being sued for? 1,600+ more or less 4. Who is the original creditor? (if not the Plaintiff) Commenity Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so 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? None,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jun 2016 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2013 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 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). I already submitted answer should arrived by Certified mail to Midland Today 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? 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 Answer but that is it so far. 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? 14 days 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. Exhibit A & Exhibit B 2 Affidavits, and CC blurry terms form from Express, Bill of Sale, Most of the documents are blurry. 18. How did you find out about this site? Google 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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.

Hey everyone. I was served papers from discover card. They are being represented by Blitt and Gaines PC - A fairly active debt law firm. I would love some advice on my case. Most of my hangups are on procedural stuff. I really am having a hard time finding answers for that. I will preference this by saying, my goal is to cause enough legal trouble for the plaintiff that I can settle for 50%. total debt is 3700 I filed a motion to dismiss for insufficiency of process. Citing Indiana Law 12(B)4 - which says insufficiency of process is a valid motion to dismiss. I cited Indiana law 4(C)5 which requires the complaint served, to have all time limits and consequences of failing to meet time limits. The complain I was served gives no information regarding my Plea/answer. It threw me off for a couple weeks. It really seems that the time limit of 20 should of been included in the complaint. The part that really has me confused is, the plaintiff responding to my motion- in a sloppy and in factual way. they stated that my motion was for insufficiency of service, and that I stated no information regarding improper service. I was clear in my motion to cite the law for Insufficiency of process. insufficiency of service in Indiana 12(B)5. The judge "duly noting" the plaintiffs response, denied my motion. If someone could give me some insight that it would be great. Moving forward I have time to file my answer. Should I use every affirmative defense I can think of? A lawyer told me that, But i read that when a defendant uses a affirmative defense the burden of proof comes on the defendant. My two defenses are the insufficiency of process, and attacking the affidavit. The affidavit does not seem to adhere to Indiana trial code. 9.2 - which states it must be "substantially similar" to appendix A-2(form) - Which has separation for interest and Fees. The affidavit does not have any information on interest, fees, or total of them. I believe I am past my time for motion to strike. I also tried to negotiate with the debt agency after I was served papers. So I don't think denying every allegation against me would be wise. Advice on that would be great. How can i deny that i failed to make minimum payments etc? Where can I find info on procedural stuff. I would gladly pay for legal advice, but I can't find a law firm that will simply answer my questions without doing the whole thing 100% I was served papers Feb 7 and my hearing is already going to be March 23. I am having difficultly finding my time lengths. and how I file motions to strike, discovery, etc. any way, Hopefully someone can google and find this to help themselves. Any help I can get is greatly appreciated. Thanks everyone. Love the site and forum.

Hello! I'm new here and I've never been sued before. I have been reading on how to Answer a Complaint since I received a Summon yesterday. Please review the complaint and help me answer it. Thank you. 1. Plaintiff, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC ("Plaintiff") is a limited liability company qualified to do business in Ohio. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, MY NAME, (hereafter "Defendant"), residence lies within the jurisdiction of this Court. FACTS 3. Defendant opened an account with SYNCHRONY BANK or its predecessor in interest. A copy of the account statement is attached as Exhibit "A". 4. Plaintiff has purchase Defendant's debt, and is entitled to all rights as owner thereof. MIDLANDS EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION 5. MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC owns portfolios of consumer receivables, which attempts to collect. When working with individual consumers, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC and its affiliates (collectively, "Midland") generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland attemts to assess each consumer's willingness to pay, through phone calls, letters or other means. Midland attempts to exclude consumers from its collection efforts, where Midland believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments. 6. When Midland contacts consumers, it strives to treat consumers with respect, compassion and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. Midland's efforts are aimed at working with the consumers to repay their obligations and to attain financial recovery. Midland strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives. 7. Despite Midland's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with Midland. Those who do are often offered discounts or payment plans that are intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. 8. However, the majority of Midland's consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens Midland must decide then whether to pursue collection through legal channels, including litigation like the present action against the Defendant. Although the account is no in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible. CLAIM FOR RELIEF 9. There is now due and owing from the Defendant, in the amount of $2,765.19. 10. Plaintiff has made demand on Defendant for repayment of the account but Defendant has failed and refused to pay the balance due. WHEREFORE, Plaintiff prays for judgment agains Defendant as follows: a) For the unpaid balance of $2,765.19. For the purposes for this suit, Plaintiff is not requesting any interest on the amount sough and requests that interest be waived, including pre and post judgment interest; c) Costs for suit, and d) Such other relief as this Court may deem just and proper.

I've read many threads pertaining to the same topic--Midland Funding LLC lawsuit. I know I need to begin preparing discovery info, but am overwhelmed by all the info. on the net. I've read several parts of Texas Rules for Civil Trial and have located a copy of O'Connors at a local library. I'm hoping there is someone who might help guide me and give me direction.

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. How do you know you are being sued? (You were served, right?) Summons 6. How were you served? (Mail, In person, Notice on door) Notice on door 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 9. What state and county do you live in? St. Joseph County, Indiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/11/2015 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? Suit served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 20 days - August 10th is the final day to respond. 16. What evidence did they send with the summons? Copy of credit card agreement (no signatures) and Affidavit of Debt I'm not sure what my chances are of actually getting this suit dismissed, I just know that I do not have the funds right now to try and settle out of court, or have this suit automatically ruled against me. Basically I want to delay the final judgment as long as possible at the very least while I try and find some options. Here are the complaints listed for reference: Plaintiff alleges: 1. That the defendant(s) is (are) indebted to plaintiff for purchases of merchandise sold and delivered, services rendered, or cash advanced at request of defendant(s) and paid for by plaintiff arising out of the use of a credit card pursuant to a certain credit card agreement entered into by the plaintiff and defendant(s); that a copy of said agreement is attached hereto, made a part hereof and marked Exhibit "A". 2. That thereafter plaintiff performed all the conditions thereof on its part to be performed. 3. That defendant(s) have failed and refused to pay pursuant to the terms of said instrument and are in default thereon. 4. That there is due and owing plaintiff thereon the sum of $5454.23 and costs. Plaintiff is not seeking attorney fees. WHEREFORE, plaintiff asks for judgment for $5454.23 and costs. This is the answer I have so far: Defendant, appearing pro se, for its reply to the Complaint naming CAPITAL ONE BANK (USA), N.A. Plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein. 1. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 2. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 3. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 4. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. FURTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted. AS AND FOR AFFIRMATIVE DEFENSES 1. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. 2. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. 3. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws. 4. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive. 5. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account). 6. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not. By the Defendant pro se Dated this 8/9/2017 Does this make sense? And do I need to respond to the affidavit in any way? I'm not well versed in this type of thing so any advice would be greatly appreciated.

Hi all, I am asking for assistance as I do not know what I am doing. I am being sue for $3500 from midland funding over a debt that they purchased from a Barclaycard. I have tried to negotiate with them over the past week, but I only have 20 days to reply to the court with my answer regarding this case. All of the settlement options that they are suggesting are unrealistic for my current income (my partner just left his job and I am paying for both of our bills). Should I turn in an answer just I case we aren't able to settle in time? can someone help me write the answer? how to I get a better settlement? I first offered $500 on the spot as I had that much, they denied it and then said they would take $3000. I told them I could do $750 if they wait until Friday, and they came back at me with $3000 over three months. I can't afford that, not even a little. Any suggestions? case number [deleted for privacy reasons]

Need assistance since this is the first time i got a citation from a collection company called Portfolio Recovery Associates, LLC. It was handed in person by an officer. Currently unemployed and about to move out of state to be closer to my family. I wanted to know what would be my best option. I read two options such as submit a Waiver of Citation or an Answer (General Denial); but I am trying to avoid going to court. Attached are images of the documents. Victoria_citation.pdf

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!

I was just served a summons by Calvary SPV. I know I need to answer but there are many discrepancies in their complaint. They allege that they have previously made demand for payment which they have not. They state they have purchased an account from capital one. To prove the purchase of the debt they have some sort of bill of sale(I have attached a copy) The bill of sale has NO INFO whatsoever to state that they purchased an account with my name and in fact they have "whited out" quite a bit of information. They do attach a copy of an old bill with my name from capital one but the amount that the bill they attached is less than the amount they say I owe. The complaint itself has no court date. But when I go to the court's website I see the following information with regards to a court date{02/01/2019 at 08:30 AM OSC 3.740 COLLECTIONSDEFAULT JUDGMENT} Does this mean my court date isn't until 3 years away? I am not sure if this is important or not but on the court website they have my middle name incorrect. My middle name starts with the same letter as the incorrect name they have on file with the court. On the complaint they just have my middle initial. Any assistance anyone can provide would be most appreciated

Hi. I have to go to court next week to defend myself against a Motion for Summary Judgement from Midland Funding. I have never been to court and do not know what to expect. Following is link to the Complaint, my Answer, Plaintiff's Motion for Summary Judgement and my Objection to Motion and Request for Documents. Also please see my responses to common questions below. Thank you in advance for any advice you might offer. *******EDIT - If you can't open files below see other link in my next post below ************ Complaint: https://www.evernote.com/shard/s447/res/9d65396d-9099-4f47-9436-1b3c79784d0b My Answer to Complaint: https://www.evernote.com/shard/s447/res/41cff245-a48c-4b0c-b1ae-0c2c479497d7 Plaintiff’s Motion for Summary Judgement: https://www.evernote.com/shard/s447/res/4ea10ea3-a221-4f66-99bb-f4ff5f7e9010 My Objection to Motion: https://www.evernote.com/shard/s447/res/3d47dcdc-fe54-421f-9ab7-54ee5fd7cf9f My Request for Documents: https://www.evernote.com/shard/s447/res/82843a43-805b-4e74-8b54-355e4c1bdd4f 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lustig, Glasser & Wilson from Massachusetts 3. How much are you being sued for? $1527 (about $315 of that is fees tacked at charge off) 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank (TJ Maxx credit card) who then sold to Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Yes, served - see below- 6. How were you served? (Mail, In person, Notice on door) Husband answered door and was given papers while I was upstairs 7. Was the service legal as required by your state? I believe so, yes 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? None with me but my 11 year old son may have answered a call from them once 9. What state and county do you live in? RI 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never did. Called in TJ Maxx in December just around Christmas to pay bill but I was told I could not as it had just been charged off. 11. What is the SOL on the debt? To find out: 10 years in RI Statute of Limitations on Debts 12. 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). Served and I answered complaint. Midland immediately sent Motion for Summary Judgement. I filed an Objection to Motion for SJ and I requested Documents. Hearing for Motion is next week, 9/22/16. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. 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. Re: Midland’s claims, please see the link to Complaint below as there are 18 counts Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit 1: “Legal Specialist” with access to records for Midland Credit Management Affidavit 2: “Affidavit Documentation Specialist” of Synchrony Bank Bill of Sale Seller Data Sheet A last document that looks like a TJ Maxx bill with total amount charged off

I made payment arrangements with a law firm back in October, 2014. They have since disbanded and are seeking payment in full. I have made all my payments according to the payment plan, they have cashed my checks & are still continuing to cash my checks. They have now filed a lawsuit demanding payment in full. I need to file my answer. I am not denying the debit. However, I am denying paying it in full since I have a payment arrangement prior to this. What do I use for my defense in my answer to the lawsuit?

I am on currently on disability. I have a B of A credit card debt ($11K) that was charged off three years ago--before I had been awarded my disability. I have not heard anything from that creditor in over two years. Last week I received a summons/complaint from a law firm (Howard Lee Schiff) on behalf of the original creditor suing me for the debt. I live in RI -the case was filed in Superior Court. I thought the debt had gone to collection because I had received letters from collection agencies prior to and shortly after charge off- I just checked my credit report and it is not showing it as out for collection. I have other credit cards but I am current on those payments. I am not able to file bankruptcy at this time (my father died last year and will inherit a portion of the proceeds from the sale of his house-it has been on the market for 18 month with no interest-it wont be very much but more than the amount of the debt). I need to file my answer. I think there is a problem with the complaint that I can raise in my answer- The complaint does not include an account number. It says that there is an exhibit with a copy of my last statement as proof of the debt. There is no exhibit attached to my copy or the copy filed at court (I went to the clerk's office to check). The amount due matches the amount on my credit report. The account was opened in 1989. I am hoping to settle this and would be able to make a lump sum payment of $5.5 K-maybe $6K. I have read that it is best to file an answer before making a settlement offer. Does this sound do-able pro-se? Because there is no proof of debt included, I was thinking I would admit that I opened a Bof A account but Deny the other parts because they are vague. Any advice is greatly appreciated.

Hello everyone. Less than a week ago was served with summons and a complaint from CACH LLC. I have researched on how to fight this and have found a lot of good info from this forum. I have yet to answer this lawsuit. I am looking for any ideas or opinions on the best way to go about fighting this. If you have any info (links, forms, examples, defenses) that I can use, I would appreciate it greatly. Thank again. I can’t wait to get a conversation started and get this ball rolling. 1.Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? They might be watching 3. How much are you being sued for? $7000-$8000 4. Who is the original creditor? ELAN 5. How do you know you are being sued? I was served 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Debt Validation Letter 9. What state and county do you live in? Oregon/ Multhnomah 10. When is the last time you paid on this account? March 2011 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? Summons Served. Complaint Filed 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 14. Did you request debt validation before the suit was filed? Yes. I sent a debt validation letter (certified mail) to CACH LLC on 1/30/15. They received it but they did not respond, however I did receive a letter two months later from the law firm that is currently filing the suit against me. This letter did not contain the information that I specifically asked for in my debt validation letter to CACH LLC. 15. 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 to respond. (Served on 3/23/16) 1. Breach of Contract 2. Account Stated 3. Unjust Enrichment (What would be a good defense for this?) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No Evidence

I was just served a summons by Calvary SPV. I know I need to answer but there are many discrepancies in their complaint. They allege that they have previously made demand for payment which they have not. They state they have purchased an account from capital one. To prove the purchase of the debt they have some sort of bill of sale(I have attached a copy) The bill of sale has NO INFO whatsoever to state that they purchased an account with my name and in fact they have "whited out" quite a bit of information. They do attach a copy of an old bill with my name from capital one but the amount that the bill they attached is less than the amount they say I owe. The complaint itself has no court date. But when I go to the court's website I see the following information with regards to a court date{02/01/2019 at 08:30 AM OSC 3.740 COLLECTIONSDEFAULT JUDGMENT} Does this mean my court date isn't until 3 years away? I am not sure if this is important or not but on the court website they have my middle name incorrect. My middle name starts with the same letter as the incorrect name they have on file with the court. On the complaint they just have my middle initial. Any assistance anyone can provide would be most appreciated