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Found 10 results

  1. Hello, I just found out from my mom that two different process servers have been to her house to serve me. I moved out about 3 months ago ( I have not done a change of address) so she tells them "No one by that name lives here". So I can only assume that may be the reason they do not leave the court papers at the door, and it may also be that she answers the door through the RING doorbell. I live in Little Rock, AR, so I was able to find the summons and complaints online. I found out that Midland and PRA are suing me for two credit cards I defaulted on when I was laid off my job. I just checked my credit report, and all it states is that it was "Charged Off" and not sold. The evidence that they submitted is a bunch of card statements with NO account numbers on them, and also some notarized document stating that, and i am paraphrasing "Someone who works for PRA is a record keeper, and is telling the truth that I OWE them this debt" So I am needing some advice on what to do, I do want to answer the lawsuit, but I am at a lose on what to do. Don't they have to prove that they really bought this debt? Oh also want to add that my sister is being sued by some lawyers who claim to represent Capital One. She also looked at her credit report and it states that it is charged off.
  2. Here is my questionnaire info. 1.. Who is the named plaintiff in the suit? Cavalry SPV I 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 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 summons 6. How were you served? (Mail, In person, Notice on door) In person, via process server 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? None 9. What state and county do you live in? Arkansas, Pulaski County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2013 11. What is the SOL on the debt? To find out: Not positive but I think 3 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). Waiting for Plaintiff to respond to my discovery requests. Complaint filed early May 2015 I was served late May 2015 Answer filed early June 2015 (within the 30 days)(served with Plaintiff and filed with court) Received Plaintiff's RFA, interrogatories, and request for documents mid June; replied three weeks later (responses served with Plaintiff and filed with court) Served my RFA, interrogatories. and request for documents late July; response time will expire this week - no responses yet (served with Plaintiff; RFA filed with court) Served an amended Answer early in August (served with Plaintiff and filed with court) Served a Motion to Strike Affidavit/Exhibits early in August; the 10 day time period for Plaintiff to respond has expired (served with Plaintiff and filed with court) Court has not yet set any hearings or trial date. No action on my motions yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) OC never listed debt with CRA; plaintiff did. Disputed. 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; they never sent me anything prior to filing the lawsuit 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? My answer, amended answer, and responses to RFA/discovery have all been filed timely 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of Claim notarized March 2017, Assignment/Bill of Sale dated September 2016, an account statement dated April 2014, and terms and conditions dated May 2016 I really appreciate any guidance on how to proceed. Since the time has expired for the Plaintiff to respond to my Motion to Strike, should I expect the court to rule on this within in 30 days? Also, should I file a Motion to Admit my RFA if I don't receive a response within the 30 days allowed by Arkansas Rules of Civil Procedure? The response to my other discover is due the same date as the response to my RFA. If I understand it, I need to show good faith effort to resolve the discovery request prior to filing a Motion to Compel; should I send a separate letter after 30 days, asking for a response, and then file a Motion to Compel after a few weeks? I am expecting no Plaintiff response to my discovery requests. If it is helpful, I can post heavily redacted versions of my various pleadings and motions.
  3. Well we all know why I am here lol. Got summons and I visited 3 lawyers and determined I can not pay their price. I turned to google and filed my answer within my 30 days. I was sent a notice a week later to be at court Oct 12, 2016 9am. The same day I got this court notice I was summons from LVNV and did the same with them. Filed my answer and yesterday I got a request for admissions and production from LVNV (made a new thread for them). I am curious as to why PRA has not sent me a discovery yet. Can I still file a motion to dismiss? Summons came with complaint Affidavit -employee of PRA ;ordinary course of business ; account having been sold and transferred on 10/21/2015 ; Bill of sale and Assignment -dated 10/21/2015 ; purchase and sale agreement dated 12/19/2014 between buyer and bank, bank transfer and sells grants and bargains set over to deliver to buyer the Accounts described in Exhibit 1 (not attached) and the final electronic file. -?- did they purchase this on 10/21/2015 or 12/19/2014 Card Statement and terms Department of Defense Manpower Data Center sheet Thank you
  4. Need all the help i can get. Complete newbie to any of this. Being sued for almost $900 by MCM through a Syncrony Bank Card. Served past friday. I would really like to avoid court, but no idea if that's an option. Anyone willing to offer guidance?
  5. I posted this question in the wrong thread and was advised to create a new thread. I did get an answer to my question in the last thread but I wanted to post my situation for all to learn from. I am a newbie to lawsuits and I am riddled with many as of late. My question for this suit is on the production no.4 it ask for 10 original signatures of my name on a blank sheet of paper. RED FLAG went up in my head. No amount of googling was giving me any kind of help to this so I brought it here. The answer i got from previous thread was " Objection: this request is irrelevant and not destined to reveal any information material to the case as filed". This suit is my 2nd within a 30day time frame, my first suit with PRA has not requested a discovery and a court date is set for Oct.12, 2016 with PRA. Thank you for helping all of us Pro Se.
  6. Good morning, long time lurker first time poster here! Currently engaged with PRA in district court over a alleged old Cap 1 debt under $1,500. Only Plaintiff evidence so far is their affidavit, a statement in their response to my answer (seems to be in SOL by 2 months) and a generic 2010 contract. I responded with denials and reserving right to affirmative defenses etc., along with an immediate Request for Production. Then I reviewed the MTS Plaintiff's affidavit advice on this site at http://www.creditinfocenter.com/legal/motion-to-strike-affidavit.shtml . I had previously generally denied all its allegations in my answer (per [a][2] of the statute). When reviewing the general advice, I realized the affidavit in my case did not contain any "true to the best of my knowledge" nor "familiar with the books and records..." language, merely a "competent to testify" and "based on a review" statement. Let's cut to the chase though (gotta get to work): does anybody have experience in caselaw for the above cited statue, and how literally should the following requirements be read? "(b) An affidavit of account under subsection (a) of this section shall be attached to the complaint and shall contain: (4) a statement that the affiant is familiar with the books and records of the creditor and the account; (5) a statement that the information and amount stated in the affidavit is true and correct to the best of the affiant’s knowledge, information, and belief; (6) the interest rate and the source of the interest rate; and" Their affidavit contains none of the above, please see attached... Thanks in advance!!! rdacted.pdf
  7. My wife and I live in Arkansas and I am currently active duty Air Force. Yesterday I received a knock on the door and it was a server here to serve my wife a lawsuit from Midland Funding LLC. I accepted the stack of papers and called my wife to inform her. The claim is we owe Midland less that $1,000 and legal costs, the original creditor was Credit One Bank. We have 30 days to file the response and I have drafted it up deny all allegations. I am curious how we should go about this lawsuit and also kind of nervous at the same time (my wife is a wreck right now). I have seen many articles, forms, videos, and sample motions and I have come up with the following possibilities. The cardholder agreement had a arbitration agreement and have seen many people doing this instead of going to trial (or attempting trial). On the other side I feel the affidavits they sent are bogus and we can fight it and win it. We are currently trying to contact lawyers and our base legal staff regarding this matter. Any advice or words of encouragement would be greatly appreciated by myself and my family.
  8. FYI, if you live in Arkansas and have been sued by Midland via JDB attorney Lamb, you may be in for a treat -- and restitution in a class action. Wouldn't that be great?!! Turns out his dunning letter is the basis of a FDCPA violation(s). I've attached both the complaint and exhibit 'A' for you reading pleasure. I didn't bother posting his granted motion for an extension of time to answer the complaint. He has until August 7, 2015. Comments?? -J Lamb-Complaint.pdf Lamb-Exhibit.pdf
  9. Greetings, Obviously I am new to the site and seeking a little bit of direction. 3 weeks ago my girlfriend, whom I live with, received a summons from someone stating that I was being sued by Capital One (the Plaintiff). The debt is true ($1,300) and they have included a copy of my last statement as evidence of the debt I suppose. I have been researching on how to proceed since this is my first incident like this. Most of what I have seen has said that it makes no sense to not do anything, since I will automatically be forced to pay the debt plus incurred fees and interest, as well as be vulnerable to wage garnishment et al. What I'm looking for is what to do next. Do I bother contacting a lawyer? Do I enter a judgement on my own? Should I try to negotiate with Capital One outside of court (I feel like this will make me look weak and they will pursue all charges)? Thank you in advance for any help here.
  10. In response to my Motion to Strike Plaintiff's Affidavit(which is the standard PRA affidavit), PRA is claiming the affidavit is admissible as evidence under AR rule of evidence 803(6) or (7). "Plaintiff has properly incorporated its predecessor in interest business records into its own business records. There is no prohibition against this practice. See Marshall Trucking Co. v. State, 23 Ark. App. 110 (1988)". Do I need to file a response to this, and if so, what argument do I use? I know this is not correct, and that you can't just use someone else's business records as your own, but I don't know how to present this. Cates v. State, 589 SW 2d 598 - Ark: Court of Appeals 1979 may also be of interest - it provides criteria for admission of business records. -josh Body of my Motion to Strike follows: 1. Plaintiff has submitted into evidence an affidavit claiming that the affiant has personal knowledge of business records related to the aforementioned alleged debt referred to herein as PLAINTIFF’S AFFIDAVIT. 2. The affiant writing the PLAINTIFF’S AFFIDAVIT does not explain how the business records came into her possession, only that to the best of her belief they "represent" the actual records from the original creditor, creditor name. 3. Affiant of PLAINTIFF’S AFFIDAVIT does not claim to have personal knowledge of how business records were kept at the original creditor. 4. Affiant of PLAINTIFF’S AFFIDAVIT does not claim to have personal knowledge of the sale or assignment of the alleged debt from the original creditor to PORTFOLIO RECOVERY ASSOCIATES, LLC. WHEREFORE, the Defendant prays the Court that Plaintiff's Affidavit be stricken from the Complaint filed herein, in which it is incorporated by reference. Respectfully submitted,