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  1. Hi, I'm just getting started on this Summons & Complaint and wanted to make my first post. Here is my case: 1. Who is the named plaintiff in the suit? - Midland Credit Management, Inc. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Jack H Pogosian, Christina Arnold 3. How much are you being sued for? - $26,650.00 4. Who is the original creditor? (if not the Plaintiff) - Citibank and Capital One 5. How do you know you are being sued? (You were served, right?) - Su
  2. My husband is being sued by for a target credit card issued by TD bank. TD bank is named as plaintiff. . I need advice with what to put as affirmative defenses on a general denial with the intention on settling for a lower amount. We have a week left to answer the summons.
  3. Please if anyone can help me, I have searched in this forum quite a bit and I know there has been others with PRA on here, but I just don't understand any of the legal terms on what to do, they all seemed to have some knowledge on the matter and I'm entirely clueless, if anyone can help me... 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques 3. How much are you being sued for? Less than $5,000 but more than $2,000 4.
  4. Im going through this for the first time, as a young adult, with little or no help. I have a few specific questions that I couldn't find the answer to on this blog. I'm representing myself in this case due to a lack of money for a lawyer so it's all new to me. I have attached the summons I received to help you better understand my questions in case they're not exactly clear. 1. Who is the named plaintiff in the suit? Calvary SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Firm in Fresno CA 3. How mu
  5. Hello All, I have lurked on this forum for over a year now. I have filed my response to JDB's counsel Harris and Zide. My case has fallen into the hands of arbitration (judicial non-binding). Of course I got a Declaration in Lieu of Testimony and there was no name of the affiant nor an address. I sent JDB's counsel a meet and confer letter (CC'd arbitrator) and they basically told me to kick rocks and were rude and nasty...so I am unable to subpoena their witness for cross examination. I will object to the affiant's declaration but I am not sure how to do that in my brief or if I sho
  6. I was contacted by someone in an email and text message saying a suit had been filed against me and they wanted to represent me. Sure enough I checked the court's website and I have a suit filed against me by CACH LLC being represented by Midland Funding LLC. The suit was filed on March 29, 2016. I have been reading everything I can here especially the great thread about the case that was won here in CA in the stickies. I am sure this is going to be the start of a longer thread as I go through this process. I have no idea what this debt is for and I have not been served. The court r
  7. Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney. I've answered the questions necessary thats been requested by the admin/moderators. Thanks again ahead of time. *Note: I've left out specific info. If anyone needs more specific info I can message or email
  8. Hello everyone, About a year ago we got great help here with a lawsuit and it looks like we're in the thick of it again with another creditor. My relative hasn't been served yet, but one of those settlement services sent us a notice with the case number and sure enough there's another lawsuit in the system. This is a bit different than last time though. I can only see half the pages on the online system, but it looks like my relative is being sued by Wells Fargo for 16k under her maiden name (which she hasn't used for 30+ years, so not sure what's up with that). Here's the rub though,
  9. I already answered a complaint as well as the discovery process but what does this mean: I just received another notice from PRA with a box checked by AT-ISSUE MEMORANDUM Jury trail NO time estimated 2 hours case entitled to preference: NO Is discovery X complete Is any law and motion matter pending or contemplated? NO Is equitable relief sought? NO does the amount exceed $25000
  10. Helping a friend fight a cache case: I vaguely remember something from back when my case was fought (and won) that changed in California on January 1st 2015, didn't apply because my case was filed in December of 2014, so I don't completely remember. Here's where we are: Cache filed, friends answered AND sent first request for docs. The answer they received yesterday stated "Cache is still preparing the case for trial and does not have the necessary information to answer at this time....on ALL questions. They then sent a statement from over a year ago from a different collection c
  11. I'm writing up my Objection to Plaintiff's Declaration in Lieu using @h8spleadingpaper's objection as a exemplar. I have a few questions and am hoping the California folks can help me out. For Argument A ("Failed to Comply With CCP Section 98") H8 states the declarant "does not say where the declaration was executed. He also does not give an address in California where he may personally be served." For my case, the declarant does give an address in La Jolla, CA where "this affiant is available for service of process ... during the 20 days immediately prior to trial. If service is of process
  12. I broke a lease in August 2013, and was informed by the office staff that I would have to pay a concession fee of around $1200, but I never heard any more about it. I recently pulled my credit report and found that this account was assigned to a CA. I sent a validation letter to the CA, and they sent me two pieces of paper, the final page of my lease, showing my signature, and a move out form, which was not done in my presents, that listed a cleaning fee of around $150, and Damages at around $500, along with numerous other fees. The apartment was clean and there wasn't any damage to the proper
  13. Hello I was wondering if someone would be able to help me here. I live in California. I’m trying to help a friend that is being sued by a car lot. My problem here is the dude doesn’t want to fight it. He would rather settle in court & set up monthly payments so he can then file for bankrupt. My problem is I do not know how to go about this since I only know how to fight the debt. Is there a special form that he needs to fill out or should he just let them have the judgment? He doesn’t want to have his wages garnished, but he is willing to start making payments. Can someone please help me
  14. Hey Guys, I'm just starting to try to tackle OC issues on my credit report and I've found that one of them is reporting a different DOFD to each of the three reporting agencies. The same is true for the CA that it looks like bought it. Can I just send a letter to the three reporting agencies with copies of the three different entries and they will delete the tradelines? Or do I have to send everything to the OC and CA themselves and hope they'll do the right thing? Either way I think this violates TFC and FDCPA.
  15. I am preparing my case against Portfolio Recovery. Can I send a bill of particulars if it doesnt state account stated? And if so what do I put instead of account stated on the BOP. Thanks in advance 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? Hunt & Henriques, Attorney at Law Michael S. Hunt, Janalie Henriques, Donald Sherrill 3. How much are you being sued for? 3,418 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank (Sears I believe) 5. How do you know you are being
  16. Ok, so I had a cable bill collection on all three of my reports. I paid the cable company and the CA updated it as paid (don't judge, I had no communication with them at all, not even a letter from them). I gave it a few months and disputed the paid collection with TU and in response to the dispute, the CA added the same collection to all three bureaus as a new collection (separate from the one that has been paid for months), and this time it shows unpaid and the amount due. The date assigned, amount, etc are all different. What is the best way for me to handle this? I would like to take
  17. Hi all, I'm a new user here, and new to all of this, (hence my user name) so please forgive my ignorance, because I'm sure there is a lot of it. Anyhow, I'm in Southern California, and about two weeks ago, a man came to my house and wanted to give me papers. I never identified myself as the person they were looking for (nor did the words "served" or "you've been served" ever come out) and the man just dropped off the papers and left. Now I spent the last two weeks doing research on what to do (I don't have an income but my wife does, we don't own our house nor our cars, no really significa
  18. Hi, All. I was recently served a Summons in a case lodged by a JDB and the attorney representing them. Included is a "DECLARATION IN SUPPORT OF REDUCED FILING FEE" form signed by the attorney. One of the clauses listed on it is as follows: "4. Under Business and Professionals Code Section 6322.1©(1), where a claim for money damages falls within the monetary jurisdiction of the small claims court and is filed by an assignee who is prohibited from filing or maintaining a claim pursuant to CCP 116.420, the filing party is entitled to a $44.00 reduction from the uniform filing fee." I'm s
  19. Hello everyone, I sent a DV to the CA and they responded as follows: We have requested your letter of dispute reagrding the referenced account. Please be advised we have closed and returned your account to OC. If we had previoulsy placed a negative report on your credit regarding this matter, consider this your notice that all CRA have been notified to delete this reference from your credit file. Any further questions regarding this account should be directed to OC. Is this good? Do I wait until their next move now? Thanks for your input.
  20. Hi guys, I hope someone can help me. Long story short: My husband and I are trying to buy a house and there is one final issue that needs resolving to get the loan. I had an old debt with US Bank that was charged off in 2011 and sold to a JDB in 2012. On Experian and Equifax it shows as charged off/sold with a $0 balance to US Bank. On TransUnion, it shows it was charged off and shows a balance of $5400. I called US Bank and they said they do in fact show a balance due, even though the account does not belong to them. The account was settled with the JDB earlier this year. (Something I
  21. I'm starting a new chapter in my life and trying to get my "stuff" together after burying my head in the sand for a few years. In short, I pulled my CRs, only to find that I had 8 collection accounts in my credit report(s). Aware of this site/forum from a similar experience a decade ago, I decided to face my debts and obligations head-on and get started with the rest of my financial life. Because I know that I owed the money on all of these accounts, my first line of defense was to simply see what would happen if I mailed monies to the original creditor with old statements/invoices that I
  22. I had to share some exciting news from today's credit score update. When I started this process on May 6th, 2014, using TrueCredit's site, my TU report contained 4 delinquent accounts and 10 derogatory accounts. Specifically, I had 9 collection accounts, and then some other bad stuff, late stuff, child support in arrears, home foreclosure in 2011, etc, etc. One thing led to another, which led to another, and I simply threw my arms up tried to ignore everything for a couple of years. I felt "stable" enough to start chipping away at all of these things and I can't believe how promising I
  23. Greetings, I won't bore you with all of the details of 7 of the 8 collection accounts I found in my credit reports when I begain this adventure on May 12, 2014 or so, but I'll include a link to a post where I'm documenting my victories one at a time here..... http://www.creditinfocenter.com/community/topic/323902-successfully-paid-3-original-creditors-in-full-but-ca-accounts-still-showing/#entry1298069 I read more than a few posts regarding the ethical duty to pay debts that are legitimate as opposed to trying to simply trying to not pay monies that we owe,.and felt compelled to pay the
  24. This pisses me off... Discovered an old utility bill for $847 from a state a used to reside in, stemming from walking away from my old home in 2008 (foreclosed). Discovery was made when I began this credit report rehab project on May 6th or so. Account was listed by a CA in Oregon, with an amount of $1072. I had/have never received a phone call of piece of mail from them.....ever!!! I had the money, so I called the actual utility company to see if they would take my payment, hoping this would give me leverage to remove the CA and avoid the interest. They gladly accepted my payment for
  25. Question. My son had some dental work about a year ago and we were quoted a number for the services, insurance picking up the rest. We paid upfront what we were told the cost was. A while later, we received a bill for almost double what we were originally quoted asking for the balance. Fast forward, I tried to work this out with the dentists office to no avail. They sent me a letter about a month ago stating the section of the IRS tax code regarding discharged debt, and that they were going t report it to the IRS as a 1099 MISC income. Then they said they were going to turn it over to a collec