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I am finding out my wife has several delinquent cc accounts. One is for over 25K and she either ignored or never received a summons, resulting in a default judgement and subsequent receivership which resulted in her bank account being frozen. It was at this time she requested my help. The lawyer that was appointed receivership has sent a letter requesting the judge release him from the receivership and to disperse funds. They were able to able to take the $5800 from her account. I don't have a clue how to proceed with this. My wife is unable to work and I do not have the resources to take on this kind of debt. I have settled one of her cards outright, and entered into a payment plan with Midland for her other one. Both were less than 2K. What advice would anyone have for me?
I am just finding out that my wife has been delinquent on 3 credit cards. The largest of these is $27,450.00. We have always kept separate bank accounts and credit cards. This one is over a year past due and that she ignored all attempts to reach her. Including the suit filed against her. A judgment was awarded to the plantiff and the lawyer was given receivership and has frozen her bank accounts. Finally that gets her attention!! She showed me a letter from the attorney asking the court to remove the receivership and allow him to disperse the funds. A total of $5724 was recovered of which $4278 was designated to go to Calvary SPV I. She has no income and is unable to work due to health reasons. Obviously her credit is in shambles, any advice on how to assist her at this point? I am afraid to be drawn into this myself, but I can't allow the head in the sand approach any longer. Thank you for any knowledge you may be able to give me.
Hello to the best forum on the planet! I was referred here by a friend and have been reading the awesome stories and advice given here. Tho I feel completely overwhelmed I have a glimmer of hope if I can get my head around all this stuff! I am taking this in chunks as it's the only way I can digest it all. Below are my answers to Racecar's questions. I have just a couple of questions for my first steps. I do believe I can file a General Denial (thanks AST Medic for that awesome thread)..but want to make sure my complaint is not verified. There is the first page of the summons; the complaint; exhibit; civil case coversheet (6 pages) with a signature by attny for Declaration of Assignment; and another signature on one of the civil case cover sheets that has Limited checked. Am I good with General Denial PLD-050? Should I have affirmative defenses? I don't have the good SOL to use but should I use Lack of Standing? I'm getting different views on that as I read this forum. Also I know the POS rules say a relative that's not involved in the case can sign, but want to make sure a spouse can sign. I'm just being crazy nuts on details sorry. Ok..hoping someone out there will read this…thanks in advance..here I go. Oh, and what is anyone's experience with Calvary/Winn Law Grp? 1. Who is the named plaintiff in the suit? Calvery SPV I, LLC (edit * I originally thought this was the 6th JDB but the past correspondences were from 5 different collection agencies of the OC, so I guess Calvary is the first JDB) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn Law Grp 3. How much are you being sued for? Just under $5,000 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) Left Summons on Porch 7. Was the service legal as required by your state? Not sure but hear this is how it happens alot...not worth fighting 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? California, Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Dec 2011 11. What is the SOL on the debt? 4 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). Suit served..have 30 days to answer 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? 30 days to respond; 1.Account Stated (in the body of the cause of action it says “account stated in writing) 2. Money Lent (on the bottom if the pages it says “Complaint for Common Counts” 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exihibit “A” ~ 1 credit card statement w/ 2 small transactions and a payment..that’s it
If you reside in Tennessee and you have received a dunning letter from any debt purchaser attempting to collect from you, [be advised] Asset Acceptance is on a tear throughout Tennessee as is Midland Funding, LLC. The latter "usually" sends a letter first through Midland Credit Management before suing through Midland Funding. CACH, LLC is always active as is Cavalry SPV I. That said, these matters are not that difficult to get dismissed but they do require your attention.