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  1. Hello, I was sued last September by PRA in Arizona for slightly over $2K for a Barclay's Card account. MTC Arbitration was granted by the Justice Court in December, and I went ahead and filed an arbitration case with AAA (per the CC agreement) this January 24th. After a couple of requests by AAA to PRA in Febuary for the $300 filing fee and $2500 arbitrator's deposit, PRA paid up the $2800 and I received the initiation email from AAA on March 9. Currently AAA is awaiting an "Initial List of People, Firms, Companies, and/or Groups Involved in the Arbitration" form from both parties due the 1
  2. I HAVE BEEN SERVED WITH A MOTION FOR SUMMARY JUDGMENT IN AZ. EACH TIME I WAS SERVED THE SERVER JUST LEFT THE DOCUMENTS ON THE PORCH RATHER THAN SERVING ME IN PERSON. IN ANSWERING MY SUMMARY I WONDER IF THERE IS A TEMPLATE WITH RELEVANT CASE LAW OR CIVIL LAW THAT WOULD FIT MY CASE. I AM BEING SUED BY BANK OF AMERICA N.A. THROUGH GURSTEL LAW. THEY PROVIDED THE MONTHLY STATEMENTS HOWVER THE ORIGINAL CONTRACT AND THE AMOUNT OF THE DEBT IS IN QUESTION. ALSO WHEN I HAVE ATTEMPTED TO SPEAK WITH SOMEONE THERE WAS ALWAYS A "BAD CONNECTION' AND THE CALL WAS DROPPED ON THEIR END. MY EX WIFE IS ON TH
  3. My elderly father just recieved a summons from Midland Funding for Breach of Contract. I want to help him file his Answer but I need help with responding to them. Any help will be much appreciated. Thank you The first one says. 1. Defendants are a married couple. Acts of individual defendants occurred on behalf of their respective marital communities. If this debt is pre-marital debt, the non-debtor spouse is joined only as a necessary part pursuant to the law affecting community property. *The thing I don't understand is that the summons is for (fathers name) and J Doe, A marri
  4. I am being sued by Guglielmo & Associates from Tucson AZ. The original creditor is Discover Bank. I have 20 days to answer the paperwork I was served 3/28/19. The debt is 4k. What course of action should I take? Should I answer first or file a motion? If so what answer or what motion? I am unemployed and don't have any property to seize and barely any money in my bank account. Is my car that is paid for at risk (2007) ?
  5. 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
  6. 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 Perso
  7. 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
  8. 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 ac
  9. 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,
  10. 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 LETT
  11. 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 C
  12. 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
  13. 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
  14. 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/
  15. 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
  16. 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
  17. 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
  18. 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
  19. 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
  20. 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 decisio
  21. 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 endi
  22. 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
  23. 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 Chica
  24. 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
  25. 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 address