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Found 36 results

  1. I apologize in advance for my lack of knowledge about any of this..... Here is a summary of my situation... I live in Arizona, At the beginning of October, I was served (it was done correctly) for credit card from Merrick Bank the debt was sold to LVNV Funding LLC who is being represented by Guglielmo & Associates in Tuscon, AZ. It is within the SOL time period. I answered within a week and received notice of pretrial conference for October 26th, I was present at the courthouse on the 26th but because of a courthouse error (they posted the wrong courtroom for my pretrial conference) I was told the judge would void the default judgement that the plaintiff's attorney had requested when I was presumed absent. And a new pretrial conference was scheduled, the new order to set began by referencing what had happened on the 26th and I somehow read it as the new pretrial conference being scheduled for 11/26 and I requested the day off work for this day. I discovered yesterday that I had read it wrong and it was on November 16th meaning I missed it. I called the courthouse and explained my situation and was told I could write a letter to the judge explaining my situation and ask for consideration. I quickly wrote up a letter and filed in with the court yesterday and mailed a copy to plaintiff's attorney. I do not have allot of hope that it will be sufficient. When I arrived home yesterday there was a motion for Judgement Pursuant to JCRP 131(a) Justice court for civil procedure 128(c) notice. "Plaintiff moves the court for a judgement in its favor because Defendant failed to appear for and participate in the court mandated pretrial conference. Pursuant to JCRP 131(a) a party who has failed to appear at a pretrial conference is subject to penalty under Rule 127(d). JCRP 127 (d) gives the court broad discretion in terms of the appropriate sanction. Given the defendant failed to appear, Plaintiff requests that the court order judgement in its favor. They included a verified statement of costs : Affidavit as to costs Expended or Incurred and an Affidavit of Attorney Fees. It states they are plaintiffs attorney and practice in area of collections, familiar with proceedings, that he and staff allotted time in an attempt to collect this obligation. They than say "Based upon the above and in addition to the current standard int his locality your affiant believes that it is reasonable to charge a contingency fee in the area of collections for AZ. The attorney fees they are asking for are $300 an hour and a contingent fee of 33% of the gross amount collected has been agreed to be paid by plaintiff, and is within the customary and reasonable fee in the area of collections for the state of Arizona. The case law they reference is Schweiger v China Doll Restaurant 138 Ariz. 183(App) 673 p.2d927 (1983). Tey attached an itemization of services totaling 2.1 hours so just over $600. I have never received discovery or questions from them I filed discovery on the 26th on the day of the first pretrial conference. The only thing they sent me was a form letter stating they were providing my requested documents which ended up only being account statements for 2 other peoples accounts from the same credit card company living in different states with totally different names. The original summons did not include a copy of th contract or assignment of account/purchase record. It would seem the only thing they might have are copies of monthly statements. I am confused because they are requesting judgement under 128 (c) 131(a) and 127(d) which it seems like by the rules of the court should be requested under section 129. And $300 an hour for attorney fees seems very high. I would really appreciate any help with how to move forward, thank you in advance.
  2. 1. Who is the named plaintiff in the suit? Portfolio Recovery Assets, LLC (PRA) 2. What is the name of the law firm handling the suit? Portfolio Recovery Assets, LLC (PRA) Arika B Hover Michael N Chalhoub Jacqueline E Ligas 3. How much are you being sued for? 2,337.12 4. Who is the original creditor? (if not the Plaintiff) CitiBank N.A. 5. How do you know you are being sued? (You were served, right?) Served Papers 6. How were you served? (Mail, In person, Notice on door) In Person Delivery 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? Received Letter in mail stating Pay us or we will sue. 9. What state and county do you live in? Maricopa County, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Oct 10 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? Feb 14, 2013 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). 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'). No. Initial Letter Threatened legal action and then some time later Summons arrived. 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? 20 days from being served. Complaints list: 1. Plaintiff is a Delaware LLC with its principal place of business at Riverside Commerce Center, 120 Corporate Blvd, Norfolk, VA 23502, and is authorized to do business in Arizona 2. Upon information and belief, the Defendant is a resident of Maricopa County and reside within the Justice Court precinct where lawsuit has been filed. This Justice COurt precinct has legal authority over the subject Matter of the claims and over the Defendant. 3. Defendant Jane/John Doe, if any, is a fictitious Defendant named for the purposes of binding the marital community of any named Defendant. 4. Defendant opened a credit card account with CITIBANK N.A./CITIBANK, N A. 5. Defendant, or a person authorized by Defendant, used said credit card account, making charges, to purchase goods and/or services or to obtain cash advances. Pursuant to A.R.S 44-7803, the defendant is/are liable for all charges and interest incurred on the credit card account the defendant o any applicable authorized user. 6. CITIBANK, N A /CITIBANK, N.A regularly sent account billing statements to Defendant, which included the amount due and owing on the account. 7. Upon Information and belief, Defendant made no objection to, and did not dispute with CITIBANK, NA. CITIBANK, NA, the amount due and owing on the account, as provided in the regular account billing statements. 8. Defendant failed to pay the amount due and owing on the account as agreed, leaving a balance of $2,337.12 due and owing on the account. 9. Plaintiff thereafter took an assignment of the account in good faith, for value, and in the regular course of business. 10. Defendant are indebted to Plaintiff in the Principal amount of $2,337.12. 11. Plaintiff demanded that Defendant pay the amount due and owing on the account and Defendant refused or failed to do the same. 12. Upon Information and belief, there are no unknown payments, offsets, or other credits as of the date of this filing. Wherefore, Plaintiff prays for Judgment against Defendant, both separately and as a community, if applicable, for the amount stated above, together with costs incurred pursuant to A R.S 12-341, and such other relief as the Court deems just and proper. Plaintiff waives all post charge-off interest in this matter. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached No Evidence or exhibits. Attached to Summons is simply their complaint. There is no account number provided or anything. The amount they claim owed is different than the value that Citibank Charged off. For Extra clarification. I had begun the process of settling this debt with another Collector who reached out on a Settlement offer. This other Collector actually has the proper amount as charged off by CITIBANK and account number etc. This immediately raises a lot of questions as it seems like CITIBANK has sold the debt to apparently multiple collectors. What recourse do I have when I am in the process of settlement with another when Portfolio Recovery comes charging in with a lawsuit?
  3. Recieved a Civil Summons listing Cap One as Plaintif being represented by Gurstel Chargo. This is for a debt listed at around 5k and was filed in Pinal County. First, I do not live in Pinal County nor have I ever. The summons did not come with ANY supporting documentation at all. There is no account number, contract, statements or anything for that matter. They are suing for breach of contract and didnt supply any documentation at all. Any guidance on how to respond to this summons would be greatly appreciated. This just seems very generic to me as if a JDB is actually suing me and not Cap One? I would assume that Cap One would at least provide some documentation with the summons? If it is a JDB I know its a violation by suing me in a county that I have never resided in. PLEASE HELP!
  4. Hello guys! I am being sued by Cavalry SPV I through Gurstel Law Firm. I have been doing some research on how to go about this and I was wondering if anyone can provide me with more information on how to fight and win this lawsuit. The complaint provided is quite vague and it really just states that I owe Calvary $1252.56 but does not have any other supporting documents. It would be greatly appreciated if I could get some guidance ! 1. Who is the named plaintiff in the suit? Calvary SPV 1 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gurstel Law Firm 3. How much are you being sued for? 1252.56 4. Who is the original creditor? (if not the Plaintiff) Citi Bank 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) front door, summons given to my mom 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? i believe they sent me the 30 days noticed to verify the debt but I ignored it 9. What state and county do you live in? Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) between 1-2 years ago 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? a couple of days. does it go by the date you were summoned or the date on the summon because the actually summon provides a contradictory statement. 16. What evidence did they send with the summons? No evidence
  5. Here is the scenario: Sued by JDB and during the lawsuit, the JDB lawyer has emailed me several times and has not provided the required FDCPA disclosures. Prior to litigation, this lawyer sent me a dunning letter that did contain the required notice. The fact that he was attempting to collect the debt and identified himself as a debt collector (IMO) subjects him to the FDCPA. (I have no doubt he "regularly" attempts to collect debts). Also, JDB is vicariously liable for agents attempting to collect on its behalf. Also, during discovery the JDB has admitted they applied interest to the account for an 18 month period following charge-off in which they did not own the debt. The situation here is that prior to filing the lawsuit I was provided a statement of account that showed that interest was applied. Going by the date I received this statement, the FDCPA SOL has expired. However, the fact that the JDB is the one that applied the interest was revealed through responses to my RFA's in July of last year (still within SOL). I was reading this thread and the discussion starting here: http://www.creditinfocenter.com/community/topic/320695-suing-bursey-associates-for-filing-suit-on-midland-account-with-expired-sol/#entry1249949 I wanted to get some feedback on the "last opportunity to comply". Specifically, whether or not violations committed during litigation create their own SOL clock. Also, in the case of the interest, the SOL is well past going by the date the JDB applied the interest, but since I was not made aware of the violation until much later (and 5 months into litigation), does the SOL clock on this violation begin to run when I became aware the interest was in fact applied by the JDB? Does the date they filed the lawsuit play into this one at all?
  6. I have a situation with Midland and Barclays very similar to another thread I’ve seen here but I've already answered with something I found elsewhere online. Using the TurboCourt.com form I responded to my summons with the below statement: Responding party objects to this request on the ground that it is vague, ambiguous, unintelligible, and lacks adequate supporting documentation. The plaintiff has not proven the debt is valid of Defendant, or the amount of the debt is accurate. Defendant insists that the plaintiff provided the original signed contract agreement, account statements, purchase receipts, and account balances from zero to present balance for said account. Furthermore, Defendant denies every other allegation because request calls for admission of matter Defendant denies and thus it is improper. Since filing my answer I have received a Disclosure Statement, Motion for Summary Judgment, and several other documents. I’ve attached a redacted copy of all documents, excluding the 50 some odd pages of statements. I am unsure of what to do next. Can I still respond with arbitration as was advised on the thread I linked above or is it too late for that or not advised at this time? I would like to fight this if possible as I believe this is a fraudulent debt. Please see my answers to the needed questions. Thanks for any assistance. 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.) - Peter M. Balsino 012049, Brian Stanley 031319, Brandon C. Holub 030533, Daniel W. Hoffman 030890 - Tempe, AZ 3. How much are you being sued for? - $1857 4. Who is the original creditor? (if not the Plaintiff) - Barclays Bank Delaware 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 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? - Cochise, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - 8/25/2014 is what is claimed 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? - This is the most current info, not sure what it means with a date in the future? - 9/3/2017 CAL: TKL 90 DAYS IMP.DISMISSAL - 8/7/2017 CAL: TKL FILE TO SEND TO ADR - 7/19/2017 MOTION FILED 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No, wasn’t aware of it until served 14. Did you request debt validation before the suit was filed? - 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? - Received response to my answer after being out of town, it’s dated July 14, 2017, but I was out of town until last week, July 26, 2017 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Disclosure Statement, Motion for Summary Judgment, and several other documents I’ve attached redacted copy. Midland_Suit(redacted).pdf
  7. 1. who is the named plaintiff in the suit? MIDLAND FUNDING 2. what is the name of the firm handling the suit? 3. how much are you being sued for? 4. who is the original creditor?(if not the plaintiff) DILLARDS 5. How do you know you are being sued? (you were served, right?) YES I WAS SERVED IN PERSON 6. how were you served? IN PERSON 7. was the service legal as required by your state law? YES 8. what was your correspondence (if any) by the people suing you before you think you were being sued? I FOUND AN OLD LETTER BUT FROM ASSET BEFORE MIDLAND BOUGHT THEM (NONE THAT I CAN RECALL FROM MIDLAND FUNDING) 9. what state and county do you live in? MARICOPA COUNTY-ARIZONA 10. when is the last time you paid on the account? (looking to establish if you are outside the statue of limitations) FROM LOOKING AT A CREDIT REPORT IT LOOKS LIKE MAYBE 07/11 OR 11/11 11. What is the statue of limitations on the debt? ALTHOUGH IT WAS A STORE CREDIT CARD (I COULD ONLY USE IT AT DILLARDS) I BELIEVE IT IS 6YRS 12. what is the status of your case? suit served? motion filed? I HAVE NOT FILED MY ANSWER YET I AM STILL WITH IN THE 20 DAYS TO DO SO ...WHICH IS WHY I AM HERE LOOKING FOR GUIDANCE 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 response to suit? 20 CALENDER DAYS FROM THE DAY I WAS SERVED 16. what evidence did they send with the summons? an affidavit? statements from the oc? contract? list anything they attached as exhibits. NO, THEY DID NOT ATTACH ANYTHING ALL I GOT WAS A SUMMONS AND COMPLAINT. Here are the allegations. 1. plaintiff is a foreign entity, 2. defendant is are husband and wife and reside in Maricopa county,az (goes into our state being a community state etc) if the debt is pre-marital debt, the non debtor spouse is joined only as a necessary party pursuant (I am not married) 3. the court has subject matter and personal jurisdiction. 4. all pertinent acts and omissions giving rise to this lawsuit occurred in Maricopa county,az. 5. all conditions precedent to plaintiff rights of recovery have occurred. 6. by accepting and using an offered extension of credit, defendant entered into a credit agreement with GE CAPITOL RETAIL BANK DILLARD S under account number ending in XXXX (they actually provided ending numbers) and agreed to the applicable terms and conditions of that credit agreement (the "debt"). Plaintiff is the successor-in-interest ("Holder") of the Debt. 7. Defendant(s) (is)(are) in default under the terms of the Debt. The present amount owned under the terms of the Debt, after all setoffs, is $904.81 8. Despite demand to do so, Defendant (s) (has)(have) failed to pay the amount owed. 9. the acts and omissions of Defendant(s) constitute a breach of contract. The Holder has been damaged thereby. WHEREFOR, Plaintiff prays as follows: 1. For Judgment against the Defendant(s) in the sum of the principal balance of $904.81, minus any payments made; 2. For cost incurred herein; and 3. For such other and further relief as the Court deems just and proper. PLEASE HELP...I have read so many different things on the post that I am confused as to how to approach this. I have seen people say Arbitration is the only route to go, My case is in civil court since the amount is less than 10k. I have read that if I am choosing arb I should 1. mail a letter to the attorney 2. then file my answer denying jurisdiction with a copy of the letter I sent (I do not have a copy of the credit card agreement so would I need to wait for the attorney to send me a copy?) 3. after filing my answer I should wait for 2 things to happen? 1. they need to give me a copy of the agreement 2. they need to deny arbitration or ignore my letter? if I get a refusal to arbitrate response from the attorney do they HAVE to give me a copy of the agreement?? If they DO NOT give me a copy how do I proceed? Again I am really new to this I have been reading every article I can so I have some knowledge (nothing great) on what the process is.. I do not know how I could use this but I read the CFPB took action against Midland Funding and there is a consent order on them in the article it calls for having Midland Funding go on the record as to the steps they took to validate the information on the account prior to submitting the lawsuit (if you google John Skiba a debt lawyer in az and go to his website and click on the blogs-it was posted on sept 9 2015 under the title "MIDLAND FUNDING AND PORTFOLIO RECOVERY ASSOCIATES SLAMMED BY CONSUMER FINANCIAL PROTECTION BUREA) PLEASE IF ANYONE CAN HELP OR PROVIDE GUIDANCE IT WILL BE GREATLY APPRECIATED!!! MY 20 DAYS ARE CLOSING FAST AND I DO NOT WANT TO GO THE WRONG PATH. THANK YOU IN ADVANCE
  8. Yesterday, I've a voice message requiring my an attention to "very serious matter". Oh, here we go again. I decided to go ahead and called them back. Attorney: Nelson, Cruz and Associates (Dallas, TX) Client: Hovot Management LLC (Collection Agency) Creditor: MERVYN'S [Charge Card] File No: 2016-xxxx Current Balance: $875.58 I live in Arizona. According my old credit reports (TU, Experian and Equifax), I made the last payment in December 2008. I am not sure if I have on paper these old 2008 "OK", past-due Mervyn's statements and subsequent collection letters. This Collection Account was removed from all my Credit Reports at the End of 2015. They claimed, that the last payment was made in 2012, after they changed it to 2011. Looks like, I have a deal with an attempt to re-age an old debt that was long out of SOL. Nelson & Cruz offered me a settlement 50% with a formal settlement letter. I've sent them back Cease and Desist letter stating that under ARS 12-548 (Arizona 6 years SOL for Credit cards) expired after 2014 and FCRA 7 years for Debt Reporting expired after 2015. Exchange was thru email, which I provided them to accelerate communications. At this point, I am posting this as FYI about various tricky collection techniques to refresh old debts trapping consumers into debt's acknowledgment and making small payments which would reset SOL. P.S. Neither Hovot Management LLC nor Nelson Cruz registered as Collectors with AZ Dept of Financial Institutions. Also, Google does not show any "Hovot Management LLC" at all.
  9. I am being sued by Midland Funding, LLC. I could use some help on filing my answer. I was served on Sept 18, 2016. In Arizona you have 20 days to file an answer so the clock is ticking. I found this questionnaire somewhere on this site, so I answered the questions. I've spent the last couple of days trying to read through all of the info on this board, as well as one other, but I'm running out of time, and I'm still not sure what I should respond in my answer. I went through this a few years ago with another jdb, and paid an attorney, who in the end did absolutely nothing that we agreed upon. Instead he told the opposing attorneys to go after my husband because "the guy is a d**k" This debt still shows on my credit report as owed, and I paid the attorney more than the debt. I just don't want to end up in the same mess. For this debt, I'm willing to settle, but I don't want a judgement on my credit. If anyone can help, please advise. Also Midland is the third creditor to try to collect on this debt. Here is my response to the questions: I don't know if this means anything, but at the bottom of #12, in my case information it says Notice Pending Dismissal of Lawsuit 1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC, a foreign entity 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Barry Bursey, Esq 3. How much are you being sued for? $625.67 4. Who is the original creditor? (if not the Plaintiff) BARCLAYS BANK DELAWARE JUNIPER 5. How do you know you are being sued? (You were served, right?) I was served on 9/18/2016 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? Didn’t respond to notices or phone calls. Got one call at work, and told them not to call me at work again. This was about a week before I was served 9. What state and county do you live in? Maricopa County, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March or April 2012 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). Case Information Case Number: xxxxxxx Judge: Conti, Frank File Date: 9/9/2016 Location: Dreamy Draw Justice Court Case Type: Justice Civil Case Status: 01 - New Case Party Information Party Name Relationship Sex Attorney MIDLAND FUNDING LLC Plaintiff N/A Barry Bursey xxxxxxxxxxxxxxxxxxxx Defendant N/A Pro Per Disposition Information There are no disposition notes on file Case Calendar There are no calendar events on file Events Event Type Sub Type Judge Result Result Date Affidavit of Service Private Process Conti Served 9/18/2016 Notice Pending Dismissal of Lawsuit Conti // Judgments There are no judgments on file 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 from September 18th (by 10/7) to file answer No, I did not receive an interrogatory 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 and no exhibits
  10. 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]
  11. I have edited this post to include this introductory statement because there's a lot here and I feel it's important to read through this saga knowing ahead of time how it will end. You will see how much work and attention to detail I gave this case but it was not enough to come out on top. I lost in Justice Court when the Plaintiff filed a Motion for Summary Judgment (MSJ) and was unable to get the appellate court to reverse the lower court's ruling. Here is the thread for my appeal: http://www.creditinfocenter.com/community/topic/323330-arizona-lost-to-cavalry-on-msj-also-lost-on-appeal/ I have learned several things along the way. The most significant one is that in most cases, there is no "absolute" way a Justice Court judge has to rule on evidence. He can rule one way on admitting certain evidence and another judge can rule the exact opposite way. If both cases went to appeal, the appellate court can rule that neither judge committed error. To wit, winning in Arizona is mostly luck of the draw and as time marches on, good luck seems to be evermore diminishing . The reason for this is because appellate courts in AZ (and most other places) review the admission of evidence for an "abuse of discretion". This means they are not looking for a specific outcome with the admission of evidence (admitted or rejected), but instead are looking for something to indicate the judge had a basis for his decision. Furthermore, if there is nothing on the record that shows the judge had no basis for his ruling, the appellate courts usually won't assume facts that aren't there. This means the evidence itself must be lacking some fundamental element in order to have the appellate court reverse the Justice Court decision. The next important thing I learned is that there is a case here in Arizona named Parker that appeals courts have been applying to JDB lawsuits. Parker says that a witness can testify about business records even if that witness did not create the records or has no knowledge of the person that created them or the manner in which they were created. The way this is being applied to JDB lawsuits is an employee of a JDB can testify about your credit card statements even though the JDB's employee has never seen the records before reviewing them in preparation of giving her testimony. The only criteria for giving this testimony is that the testimony must state 1.) the witness is a custodian of the JDBs records; 2.) the witness has reviewed the records being introduced (and specifically identifies them); 3.) the records were incorporated into the JDBs own records; and 4.) the JDB relied on the records in its normal course of business. If all 4 of those things are present in the witness testimony (or affidavit on MSJ), the Justice Court is free to admit the evidence and the appellate court won't reverse that decision on objections of hearsay or lack of foundation. This doesn't mean the evidence admission cannot be reversed based on some fundamental defect with the evidence itself, however. Examples of this would be a date that doesn't match up with other dates or dollar amounts among the records are discrepant with no rational explanation. It's YOUR job to raise these questions with the lower court. If you don't address them with the lower court, the appellate court won't consider them on appeal. The last important thing I learned is that JDBs are now entering into 'capped legal fee' agreements with their attorneys. This means that the lawyer agrees to represent the JDB for a modest fee if the defendant does not contest the lawsuit (including defaults) and then a maximum amount the JDB will pay on contested lawsuits. In my own case the cap was set at $1,500. The lawyer submitted an affidavit that they spent over $11,000 in time, but stated that due to 'contractual arrangements' they could only charge $1,500 of that to Cavalry. The significance of this is that a few years ago, if a defendant contested the lawsuit and started running up the JDB's legal tab, the JDB would be more inclined to drop the case and walk away. Now, when they know they will spend no more than $1,500, once they reach that $1,500 limit (right around the 2-3 month mark of the lawsuit when discovery takes place), they have no incentive to back down. It will cost the JDB the same to litigate the case all the way to trial and beyond (I appealed and Cavalry never paid more than $1,500) as it would to settle the case once the cap is reached. The cautionary tale here is that JDBs (at least here in AZ) have figured out exactly what they need to do in order to keep a Justice Court decision in their favor from getting reversed. My philosophy is to do whatever you can to keep the Arizona Court System from deciding your fate on a debt collection lawsuit. At this time, the most effective way to do that is via arbitration. There is an arbitration forum here on CIC. I suggest asking for advice there. Also, here is an example of how arbitration was used in Arizona to beat a JDB: http://www.creditinfocenter.com/community/topic/326349-retired-and-being-sued-by-unifund/ Here is a Justice Court Appeals Ruling discussing the use of arbitration in debt collection cases. http://www.courtminutes.maricopa.gov/docs/Lower Court/082016/m7481002.pdf Update 12-21-2015: The CFPB smacked Midland and Portfolio Financial Services (PFS) pretty hard in a consent order earlier this year. You can read the details here: http://www.consumerfinance.gov/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ The reason this is significant is some of the Justice Courts here have reconsidered how they are treating Midland and PFS when consumers contest the lawsuits they bring. This is from a Justice Court case that was reversed on appeal: http://www.courtminutes.maricopa.gov/docs/Lower%20Court/102015/m7064645.pdf There have been a couple reports of the Justice Courts taking it upon themselves to reject the evidence, even when the defendant doesn't raise the issues of the CFPB findings. Of course, if you are sued by Midland or PFS, certainly address the CFPB findings when objecting to summary judgment or at trial when Midland/PFS tries to introduce their evidence. Update 04-06-2016: It seems the Justice Court appellate court has had a change of heart: http://courtminutes.maricopa.gov/docs/Lower%20Court/022016/m7204120.pdf Ok, on to my story.
  12. I have been living in Thailand for the last two years while working as a teacher. I come back to Arizona when school is out to visit my mom and sister, and am supposed to return to Thailand in May per my contract with my employer. I haven't spoken to my dad in years but we share the name so he was served papers from Midland Funding that were actually meant for me. He told me this in a facebook message, I asked him to send me the forms but he hasn't replied. I don't know if he will or not. We don't really have much of a relationship other than being facebook friends. This is what I have been able to gather about the lawsuit online: 1. Who is the named plaintiff in the suit? Midland Funding, LLC2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) I believe it is Law Office of Jennifer Wiedle, PLLC3. How much are you being sued for? In the message my dad sent he said $800, but i'm not sure of the exact amount as this information isn't listed online.4. Who is the original creditor? (if not the Plaintiff) Credit One Bank from what I found on my credit report5. How do you know you are being sued? (You were served, right?) Message from my dad who was served, he has the same name as mine.6. How were you served? (Mail, In person, Notice on door) Unknown7. Was the service legal as required by your state? UnknownProcess Service Requirements by State - Summons Complaint8. What was your correspondence (if any) with the people suing you before you think you were being sued? None, I have never heard of them before.9. What state and county do you live in? I live in Bangkok Thailand (I can provide proof of this as I am registered to vote while living abroad and have emails from Maricopa County showing that), but currently am staying in Pinal County, my dad was served in Maricopa County and that is where the court is. My last address in Arizona was in Maricopa County but all of my bank statements show my mothers address in Pinal county.10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Date of First Delinquency Sep 01, 201311. What is the SOL on the debt? To find out: 6 yearsStatute of Limitations on Debts12. 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 looked it up online and it only says New Case. It does not have any case information listed as of yet. My dad sent me the message on Saturday March 25th, so I imagine that is the day he was served.13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No14. 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. No15. 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? From what I have seen in other threads I believe I have 20 days.Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Unknown I guess my question is how should I proceed? Should I just file a motion for arbitration? How do I obtain copies of the served documents? I really don't want a default judgement against me, but if it did happen they wouldn't have any avenues to collect it as I have a Thai Bank account (I should note, I do have a couple US bank accounts but there usually isn't much cash in there) and no property or job here in the United States. But I will move back one day so I would like to get this taken care of while I have a chance. Any advice on how to move forward would be most appreciated. Thank you in advance.
  13. Doobly Dunbar

    JDB in AZ, Hurray.

    1. Who is the named plaintiff in the suit? Cach LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Neuheisel Law Firm P.C. 3. How much are you being sued for? Roughly 1200 dollars 4. Who is the original creditor? (if not the Plaintiff) First National Bank of Omaha\Union Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Officer of court served roommate 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? Yes, they made numerous phone calls until I asked them to contact me through print 9. What state and county do you live in? AZ, Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Roughly 2 years ago 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). New case 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? 3 days left, served on the 8th and there's 20 days total to respond 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There is a card member agreement, a letter from the bank to me indicating they sold the debt to CACH LLC(address is wrong), and a statement with an account summary, payment information and accrual of late fees. They sent me a letter that indicated that they were willing to settle for a lump sum, or continue with judgement but not pursue and action of collection if I agreed to pay off the debt(plus fees) in payments. I contacted them to settle and the terms of lump settlement was fairly close to the full debt amount. I must file within the next few days. Honestly I would like to settle but they told me that I only had until the 30th of January to do so but I won't be able to come up with that amount in time. What is the appropriate route here? Help!
  14. Blackbeard's Delight

    Cortez Investments in AZ- Help

    1. Who is the named plaintiff in the suit? Cortez Investment Co, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hameroff Law Group, P.C. 3443 E Ft. Lowell Rd, Suite 101 Tucson, AZ 85716 3. How much are you being sued for? $9,680 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 5. How do you know you are being sued? (You were served, right?) Served 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? One collection letter back in May (I ignored and chose to try and keep my head down, as I was nearing the SOL- obviously a bad choice, in retrospect) 9. What state and county do you live in? Maricopa County, AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 2009 11. What is the SOL on the debt? This was something I wanted help on- as my last payment was before the SOL change from 3 to 6 years, which applies to my case? 12. What is the status of your case? Suit served? Motions filed? Suit served, still have a few days to file a response 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? 3 days (spent most of my 20 days playing phone tag with various attorneys, all of which ended up being an exercise in futility) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. Zero. Zip. Nada. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 1. Plaintiff is a corporation, Defendants are residents, debt was an event caused by the Defendants, this court is the proper venue for this case. 2. This court has jurisdiction over the matter, and that the Defendants, if married, were acting for community purposed and benefit (I wasn't married at the time, am now). 3. Wells Fargo Bank extended credit to the Defendants. 4. Defendants failed, refused, and/or neglected to make the payments owed. 5. Plaintiff has acquired or been assigned the debt. 6. Defendants owe the plaintiff $9,680 7. Plaintiff is entitled to interest on the balance (4.25%, starting from date of judgement) 8. Plaintiff has performed all acts required which entitles the Plaintiff the amounts contained in this complaint. 9. The above sums are justly and truly due and unpaid. 10. The Plaintiff or attorney has made demand, the Defendants have failed, refused, or neglected to pay. 11. Plaintiff is entitled to recover court costs and attorney's fees. 12. Defendant is notified that this communication is from a debt collector. WHEREFORE, Plaintiff prays and demands judgement against the Defendants, and each of them, as follows- A. the amount of $9,680 B. accrued interest in the amount of $0.00 C. accrued interest on the remaining balance of $9,680 at the rate of 4.25% from date of judgement D. reasonable attorney's fees E. Plaintiff's court costs F. interest at the legal rate on attorney fees and costs G. such other and further relief that the court deems just and proper. Alright, so basically discovering these forums last night has resulted in an information overload. I now understand why consumer debt lawyers here in AZ seem to prefer to settle rather than fight- it seems that I realistically should expect to lose my case (should I choose to fight it) in Justice Court, then once I appeal to the Superior Court it won't be an automatic loss, but will still largely depend on a great deal of luck. Besides the SOL clarification I mentioned above, I have some other questions- 1. I am financially in an OK place, not great enough that this won't hurt (a lot- but hey now that it's cooling off I can afford to wait on getting the car A/C fixed, etc.), but if we scrape and scrounge and borrow from family we can probably pay whatever ends up being negotiated in settlement (they called and left a voicemail a day or two after I was served, so they at least are minimally interested in avoiding the courtroom). I would almost prefer just to cut bait for my own sanity's sake (and also for the fact that I don't want to risk ruining my wife's stellar credit or put another dent in my own mostly-recovered score), but I worry that with only a few days left on my deadline they will agree to a settlement then hit me with the default judgement anyways. Is this something I should be on the lookout for, and how can I cover myself in this respect? 2. I no longer have my cardmember agreement (and haven't, since about the same time I stopped paying), anyone know where to find one? My credit report says the account was opened in January of 2006. 3. The main reason for my interest in the agreement is I am trying to figure out if arbitration would be a possible avenue to explore- Would they follow me into arbitration for ~10k? Does my cardmember agreement specify JAMS? If not, can I elect JAMS anyways, and if so, how? If I choose to go the arbitration route, should I mention it in my answer? Should I file an answer at all, or here in AZ does that waive my right to arbitration? If I elect arbitration, does that waive other rights I may have? In lieu of an answer, should I file a MTD instead? When do I file MTC arbitration? Whew, that was a lot! I know there are a ton of questions in here, but any help would be greatly appreciated.
  15. AHHHH (dat's me yellin'). 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.) There is a slew of names yet we've had a substitution of counsel - name is Daniel Hoffman, no firm listed. 3. How much are you being sued for? $2,071.50 4. Who is the original creditor? (if not the Plaintiff) Chase Bank 5. How do you know you are being sued? (You were served, right?) I was served, yes. 6. How were you served? (Mail, In person, Notice on door) In person, at home. 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? Several sudden and harassing incoming calls at the very end of August of 2013, they did not identify themselves until after the local police got involved. Nothing before that, no paper correspondence at all, no idea of where to send a DV to. 9. What state and county do you live in? Coconino County, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Their paperwork provided states 5/30/2010. 11. What is the SOL on the debt? To find out: 6 years. :c 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). Pending court date. We had our pretrial today and they could not schedule at the time. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) It's too late now! 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. See above answer. 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 have already answered the claim and no, they did not include an interrogatory. I am being sued for 1) Breach of Contract and 2) Unjust Enrichment. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Included are: An Affidavit of "Emily Persons", a Bill of Sale from Chase with no related identifying information for the account (or it's redacted, there is a HUGE amount of info redacted in the copy i have), an Affidavit of Sale by Original Creditor with no identifying information regarding the account (and no redactions!), and a statement with the balance they are trying to sue me for with a due date of 12/08/10 , and a "field data" sheet with base information including an incorrect home address and a charge off date of 11/30/2010. 17. Read this article: I am working my way through it right now, as well as the Encore Consent Order by the CFPB. Boy, oh boy, am I glad I found you guys, and I hope I can get some assistance that is more than a "You can do whatever you want!" or a "Just settle!" I have mild Aspergers' so it makes it really difficult for me to conceptualize a lot of things, and I ask a LOT of questions because of it. I feel really bad for my court clerks, who understand that I am not looking for guidance but AM looking for guidance, if that makes sense. We originally had a pretrial conference date back in February for this case; at the time the representation for the Plaintiff was unreachable and they did not call in to the meeting, so at the time the judge dismissed without prejudice -- he was very gracious in hearing that I had just filed a compulsory counterclaim in the case the week before - I got a postcard detailing the TCPA Litigation Settlement and upon calling in to ask about that the counsel for that case confirmed I could file but suggested instead that I use the evidence they provided as well as my police report about the phone calls and a statement from my mother and brother regarding how they'd received the same threatening calls for me that day. If the judge had dismissed with prejudice I wouldn't be able to pursue that, legally. The counterclaim is for several FDCPA violations and the TCPA violations; I had not filed a claim in the Settlement and was told to wait to opt-out until it was "safe" to do so. Meaning that when my counterclaim would be accepted. I could then just ask for a simple wash in pre-trial, that would be more than incredibly reasonable. No one would collect anything and we could all go our ways. So I walk out of the courthouse with a notarized dismissal, a smile, and a nice comment from the judge about how annoyed he was by the Plaintiff. (Like, me too, sir, holy cow.) Fast-forward an hour later as I'm on the phone with my mother, the court calls back, and says "We have the Plaintiff's counsel on the line apparently they called the courts and left messages that they would be taking control of the case." I wasn't really given a choice in the matter and was told we would set another pre-trial conference for today; as they were still receiving file work and waiting on my counterclaim and the counsel didn't feel it was "appropriate to talk settlement numbers just yet". They apparently filed the paperwork for the new counsel and filed a motion to strike my counterclaim (fairly, state law says a counterclaim is to be filed with the answer, so I already had a feeling not to bank on that getting me anywhere) - I received a letter from the court last week saying the judge had extended my time to file a response to that motion, so I hauled down to the courthouse for the paperwork, as I never received any of that, and filed the response yesterday. Today was the pretrial. We had a different judge who completely steamrolled me with an "Are you a lawyer? I've been in law for 50 years, none of this is a counterclaim, I don't care who advised you on this, this is all separate from your matter at hand here." while I tried to defend and explain the reason behind the compulsory claim. I just decided to stop and shut up. Just over five minutes after being called into the courtroom, I left with an order to resend a document request I had sent in January and never received a response for, as well as the expectation to provide one to the Plaintiff. Also that "(I) could just call and settle with them if (I) just decided to just do that, (I ) can still do that." The court clerk could not access the scheduling program, so we verified my contact information (not the plaintiff's though) and was told to expect to be notified of a pending court date in the near future. So I'm home, had a bit of time to cry my anger out, and cracked open a beer and decided to start directing my anger properly. I'm also looking at the old posts by beergoggles, reading through the consent order again, as well as bookmarking some other tabs to read after dinner. At this point I guess I can safely ask now.... help? Thanks.
  16. I've been singularly engrossed in academic work since the beginning of the year. So it was just yesterday that I read the AZ div1 CoA memorandum decision on Midland v Van Slyke (CV 14-0851). Has there been any prior discussion of this decision on this forum since the issuance of the ruling on Feb 25th? I couldn't turn anything up either in a forum search or by way of a site specific google search. The decision is unpublished and creates not binding precedent but only persuasive authority (Slyke's counsel has since requested the publishing of the ruling). I'm thinking about the decision's impact (as persuasive authority) on RoE 803(6) and Parker, as applicable specifically to these sorts of cases. But I don't want to drone on about it in a new thread here if others already discussed it months ago. If there has been any prior discussion on the forum here about this decision I'd be grateful if someone would be kind enough to point me to it.
  17. I have previously posted on two other cases in litigation electing arbitration. I have been served with a new case involving Jefferson Capital with the OC as Metabank (Fingerhut, but doesn't list Fingerhut in the complaint). My question is I am wondering which card agreement I should use to elect arbitration. I can't find the Metabank agreement that was opened in September 2011. I do have the agreement that took over the account which is Webbank in 2012. The complaint list the account ending in 8705 which is the Webbank account number that was changed in 2014 from the original account ending in 4409. My previous cases I used the last agreement on the account but I am not sure which I should use for this one. The Webbank Fingerhut agreement arbitration clause is with AAA. I have until May 11 to file my MTD or Alt MTC. I can upload docs if needed. Thank you
  18. I have received a summons on Dec 9th from Midland stating count 1 Breach of Contract and count 2 Unjust Enrichment. They attached an affidavit from their legal specialist that included a bill of sale, assignment and billing statement from Citibank, (Best Buy) I did not submit an answer instead a MTD or in alternate Compel Private Arbitration with Jams also included exhibit of contract (Citibank) attachment, on the same day (Dec 24th) I sent a letter to attorneys for litigation waiver and election to arbitrate. I also sent a letter to JAMS electing arbitration with the Return Receipt from my letter to attorney. I received an answer Jan 6th stating that the attached cardholder agreement is Not relevant to subject debt or applicable to subject debt, that it is a random document.. Also defendant has not attempted to show how alleged agreement is admissable under AZ rules of Evidence. Exhibit cannot be authenticated for admissable, without exhibit defendant has nothing to establish debt was governed by arbitration provisions. They ask the court to strike my MTD and file an answer by a date certain at the discretion of the court. My question is if I have 5 days to answer their response.. If so I believe it is by this Wednesday, Jan 13th. What can I do to make my exhibit work to compel an arbitration. Do I need to file an "answer" to this going back to their first complaint filed. I am uploading the case filings. I have followed this forum for suggestions on court proceedings but at this time I need some help on what to do next? Any suggestions are appreciated. 4- Midland Resp to MTD.pdf 3- letter to execute arbitration.pdf 1-complaint.pdf 2- MTD Midland.pdf
  19. Hi Everyone! I was hoping to ask you all for some advice. I lived in an apartment complex in Arizona about 3 years ago. I had to break my lease and was charged $2,300. The debt was turned over to IQ Data International ( a very rude collection agency) . They are currently charging me $2,900 stating that the additional $600 is for interest that they are 'legally allowed to charge'. I have disputed this with the big 3 back in October 2015 for fraud ( because I thought the argument can be made that these charges are fradulent) but apparently the company verified my debt. I now live in Chicago and do not know if this changes the interest they can charge me? Also I called the original creditor ( my apartment complex) and as the company managing has changed, they were unable to provide me with a copy of the lease. I also asked the collection agency for a copy of my lease which I was told they currently do not have but will request and send me. When I asked if there would be any terms that in the original lease, agreeing to pay interest the person at the collection agency said 'probably not but it is state law to allow it'. Here are my questions: 1) If I did not agree to pay interest to this company, can it still be charged if it is not in the lease? 2) Does living in Chicago change the laws that affect me now or does this not apply since the contract was signed in Arizona? 3) Can this company sue me? If so what does this actually mean? 4) I got Lexington Law to send a debt validation to these people to which they said they will not respond as it is 'frivilous'. Is this true? Can they ignore these letters? Thank you for your help in advance !!!
  20. A friend of mine in Arizona recently divorced her husband. She just received a letter in the mail from JH Portfolio that is a Subpoena for Production and Copying of Documents. She has no income and no assets other than her car. Her husband is a veteran on disability. He is not paying her any spousal support. If they were ever served...most likely they were...he never told her anything about it. Any advice on what she can/should do at this point? Although she has lived in the US for 11 years or more, married to the same man, she never applied for US Citizenship. She would like to do so now, but is worried about how it will look to have cases filed against her so she would like to clear it up. She is currently residing with friends until she gets her life together. Any help would be appreciated! I looked up her case and found the following activity: 3/23/2016 SUBPOENA P 1 3/23/2016 FUND: FEES - MISC P 1 5/12/2015 DISCHARGE OF GARNISHMENT P 1 4/17/2015 CERTIFICATE OF SERVICE P 1 4/3/2015 WRIT OF GARNISHMENT FILED P 1 4/2/2015 FUND: CONST ETHIC COMM FUND P 1 4/2/2015 FUND: FEES - MISC P 1 2/13/2015 CERTIFICATE OF SERVICE P 1 2/4/2015 FUND: FEES - MISC P 1 2/4/2015 FUND: OVERPYMT FORFEITED P 1 1/30/2015 FUND: FEES - MISC P 1 1/30/2015 SUBPOENA 12/12/2014 CIVIL DEFAULT JDGMNT GRANTED 11/25/2014 MOTION FOR JUDGMENT P 1 9/9/2014 APPLICATION/ ENTRY OF DEFAULT P 1 8/5/2014 CERTIFICATE OF SERVICE 7/15/2014 CIVIL COMP FILED P 1 7/15/2014 FUND: PC JUDICIAL ENHANCEMENT P 1 7/15/2014 FUND: BASE FEES
  21. 1. who is the named plaintiff in the suit? National Collegiate Trust 2. what is the name of the firm handling the suit? Patenaude & Felix A,P,C 3. how much are you being sued for? 28,xxx.xx 4. who is the original creditor?(if not the plaintiff) Union Federal Savings Bank 5. How do you know you are being sued? (you were served, right?) I was served 6. how were you served? In person 7. was the service legal as required by your state law? Yes 8. what was your correspondence (if any) by the people suing you before you think you were being sued? I sent them a letter to three different addresses denying the debt in 2013 and asked them to stop contacting me because I believed it was included in my 2010 bankruptcy. 9. what state and county do you live in? Arizona: Maricopa County 10. when is the last time you paid on the account? (looking to establish if you are outside the statue of limitations) Never made a payment; the loan was taken out in 2007 and went into default in 2010 during my bankruptcy. I thought it was included so I started the process of rebuilding my credit. In 2013, I received a bill from them and sent them the letter I mentioned above. 11. What is the statue of limitations on the debt? 6 years 12. what is the status of your case? suit served? motion filed? Answered with a general denial of all allegations on 10/7/2015. Plaintiff filed 1st amended complaint on 10/13/2015. I filed a motion to strike 1st amended complaint on 11/2, citing it was filed without being signed by the attorney, it was not conformed, and plaintiff did not have leave of court (no idea if it was accepted?). Notice of Disclosure statement filed on 11/18. 13. have you disputed the debt with the credit bureaus? (both the original creditor and the collection agency) Yes. I have disputed it every time it shows up on my credit report because I thought it was included in my bankruptcy. I found out recently (after talking to a lawyer) I would have needed to go through the adversary process when I filed bankruptcy, but the bureaus have removed it every time. 14. did you request debt validation before the suit was filed? No. 15. how long do you have to response to suit? I already responded. I am looking for advice on whether I should continue to fight this (it's subject to compulsory arbitration) or try and settle. I have been advised my current life situation makes me collection proof, but I have a little bit of a 401k I can cash out to settle this if I absolutely have to. I am in a master's program that will have me unemployed for the next 3.5 years, but I don't want to worry about a judgement following me around. I also don't want to cash out a protected asset to settle a debt I thought was discharged. 16. what evidence did they send with the summons? an affidavit? statements from the oc? contract? list anything they attached as exhibits. The first set of documents I received contained a summons, certificate of compulsory arbitration, plaintiffs complaint citing "breach of contract," "open account," and "account stated" with nothing attached. There was NO account number listed in any of this and the plaintiff referred to it as a "line of credit." ​The amended complaint just lists "breach of contract" and the description is changed to "loan for academic purposes." Attached was the "note disclosure statement" and "non-negotiable credit agreement" from the original creditor with my signature. They also attached what looks like a very generic "pool supplement" because none of the information is specific to my account. It lists three people as "witnesses" to the agreement but the names are typed out and there is no physical signature. The amended complaint was not signed by the attorney, it was not conformed by the court, and it was filed without leave of court based on the date I responded.
  22. I need some help with my reply brief for a Motion to Dismiss or Compel Arbitration. Here is the background: Card was originally issued by HSBC in 2008 and assigned to Capital One in 2012. I have used the card and made payments since the card was assigned to Cap One in 2012. The debt is approx. $3k. I was sued by Cap One in November in Az Justice Ct. After reading the forums here, I filed an Answer along with a Motion to Dismiss or in the alternative a Motion to Compel and Stay Proceedings. Basically, I argued that the 2008 HSBC agreement include an arbitration clause and I was invoking my right to arbitrate (and sent a notice letter to them stating I was invoking arb. provision). Cap One responded today and argued the when Capital One bought the account they issued a new cardholder agreement that didn't include arbitration. As part of the response, they produced the Cap One letter addressed to me that included the new card and a reference to that says "enclosed is your new customer agreement..." but not the new agreement. A separate exhibit included the new agreement. Reading these forums, the recommend response is to invoke the survivability clause in the HSBC agreement but I am confused about what to say. Here is the HSBC survivability clause: "The arbitration agreement shall survive termination of your account as well as the repayment of all amount borrowed hereunder." But the agreement also include the following modification clause: "We may change or terminate all or part of this agreement or add new terms at any time..." Whole HSBA agreement: http://www.cardmemberagreements.org/wp-content/uploads/2012/08/2008-HSBC-Agreement-with-AAA.pdf How do I argue the survival clause in light of the modification clause?
  23. I'm attempting to clean up my debt rather than declare Bk, and I recently pulled my credit report and found an that a CA is reporting an old debt as current almost monthly. The date of my last payment was in 1/2010. The debt originated at a sporting goods store in Montana where I applied for a credit card. I was in Montana on a temporary work assignment, but lived in Arizona. I have since moved to North Carolina. The SOL in each state is as follows: Arizona (Where I lived at the time I got the card): 6 years (Changed in 2011), but was 3 when I entered into the contract (2009), as well as when I made my last payment and the debt became delinquent (2010). Montana (Where I opened the card): 5 years North Carolina (Where I currently live): 3 years Nebraska (Location of the original Creditor): 4 years What should I do about the continued reporting as current by this CA, (I looked but couldn't locate a letter to send)? Which state holds the SOL? If it is Arizona, did the new statute automatically supersede the prior and now make the SOL 6 years on my debt? Should I send a validation letter? Thanks in advance!
  24. For anyone not familiar with my case, you can read up on it here: http://www.creditinfocenter.com/community/topic/321144-sued-by-jdb-cavalry-in-arizona-lost-on-plaintiffs-msj/ The short version is Plaintiff filed an MSJ in August of 2013. The court denied that one. I filed a MSJ in February 2014. In response, Plaintiff filed a cross-MSJ with the same arguments from their original MSJ (that was denied) but the cross-MSJ was a much more brief version thank the original MSJ. The court granted their cross-MSJ. So that is where I am. I do not have a final order of judgment yet, but I will be filing the required notice of appeal once I get the final order of judgment. I don't know what the justice court appeal fees are yet, but I don't think I can afford them. There was no trial, and therefore no audio recording to prepare, so maybe the cost from justice court will be lower. It looks like the fee once the case gets to superior court is going to be $300. UGH! No way can I come up with that. There is also a "cost bond" to cover Plaintiff's legal costs. I have no idea how that is calculated, but I'm sure I can't afford that either. The good news is I can request a waiver or deferral of all of the fees. Just when I was getting my hopes up that Plaintiff would be dismissing, it looks like we're just getting started. This is unreal..... Edit: I used info from a variety of sources when I appealed. The following proved to be the most informative and helpful. The first one is a walk-thru that explains timelines and what all needs to be filed and where. The second one is a packet that has forms and fills in some info gaps from the walk-thru. The third one is the general "right to appeal" form the court gives you when you lose. It's sort of a shortened version of what's required to get the ball rolling. I don't know how often these are updated, but the fee info is not right on at least one of these so plan the fees being 10-15% more than what's stated in these documents. https://www.azcourts.gov/Portals/34/Guides/Superiorcourtljccivilappealsudated.pdf http://justicecourts.maricopa.gov/HowTo/CV_Appeal_packet.pdf http://justicecourts.maricopa.gov/CaseTypes/CVForDetAppealInfo.pdf Notice: I appealed a Justice Court case to the Superior Court. If your case started in Superior Court (debt >$10,000) there is a different process for appealing. You can find the info here: http://www.azcourts.gov/Portals/34/Guides/ProSeGuideCOMPLETE(Amended12-12).pdf
  25. Im being sue by Dickinson Financial, LLC. For a Debt that was from USBank After reading afew post from others users, I believed SOL applies. I stop paying the credit card Mid. 2008 and got charge off on Sep. 2008. IF THIS IS A CARD THAT I HAD The balance was around 3-6K I don't recall correctly. Even thought here in Arizona Credit Card is 6 years Now, after a new law got pass on Late 2011. I need help, so what ever you could help me with I will be very grateful. Down Below I pasted the Lawsuit, I got till 29-30th to Response, Im not sure how to reply to this. IN THE SUPERIOR COURT FOR THE STATE OF ARIZONAIN AND FOR THE COUNTY OF PIMADICKINSON FINANCIAL LLC,CaseNo.:Plaintiff,vs. COMPLAINTCRASH X,AND JANE DOEDefendant(s),____________________________________ __________________________Plaintiff, DICKINSON FINANCIAL LLC,for its complaint against Defendant(s), allege as follows:1. Plaintiff is informed and thereon believes, at all times material hereto,Defendant(s) is/are residents of PIMA County. The amount in question exceeds$10,000. This honorable court has jurisdiction over the matters contained herein and thevenue is proper.2. Defendant(s) CRASH X, AND JANE DOE, upon information and belief,are or were husband and wife at all times during the events giving rise to this action.Defendant(s), upon information and belief, at all times acted for the benefit of themarital community.3. Prior to filing this action, Defendant(s) opened an account withUS BANK, agreeing to make payments forpurchases charged to the account, as required by the card agreement.4. Plaintiff is the successor in interest of said account fromUS BANK, having purchased said account in theregular course of business in good faith and for value.5. Defendant(s) did make purchases and charged the same to the account, butfailed to make the required payments necessary to the account.6. The balance remaining due and unpaid at the time of filing this Complaint is$12137.65.7. Plaintiff declared Defendant(s) to be in default and demands payment of thebalance due.WHEREFORE, Plaintiff, DICKINSON FINANCIAL LLC,respectfully requests this Court enter judgment against Defendants in the amount of$12137.65, plus court costs, plus interest to bear at the legal rate from the date ofjudgment. Plaintiff requests this court enter any and all further relief it deemsappropriate under the circumstances.DATED DEC8 2013Blatt, Hasenmiller, Leibsker & Moore, LLCIN THE SUPERIOR COURT FOR THE STATE OF ARIZONA.docx