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  1. One more member joining the ranks of brave fighters against collections. Got a call from the plaintiff's attorneys. They are asking for a 45 day extension for answering my Discovery request for them to answer. I already answer their Admissions, Production, Interrogatories and Disclosure request with knowledge from several forums. Is there any suggested responses for this? What is the best course of action? Suggested law references for this? lawsuit is in Texas in Justice Peace Court. David
  2. Hi All, This is my first summons so I can use a little help. I have been reading over a lot of your discussions and have drafted an answer to the complaint. It is a motion for a more definitive statement. I’m not sure if I set it up correctly and would love a second set of eyes. Also, is this the right way to go, in a general sense. Thanks, Steve MOTION FOR A MORE DEFINITE STATEMENT OR DISMISSAL OF COMPLAINT Comes now the Defendant, Steven Borawski, and files this Motion for a More Definite Statement, pursuant to Civil Rule 12(E), or a dismissal of Plaintiff’s complain
  3. HELP! I'M BEING SUED 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm? Moss Law Firm, P.C., Lubbock, TX 3. How much are you being sued for? $3,300 + plus court costs 4. Who is the original creditor? Capital One Bank 5. How do you know you are being sued? Served in person 6. How were you served? 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? Received a Demand Letter from Moss Law firm abou
  4. 1. Who is the named plaintiff in the suit? Capital One Bank 2. What is the name of the law firm handling the suit? Moss Law Firm (Lubbock Texas) 3. How much are you being sued for? $1,553.64 (Credit report says $1,621) 4. Who is the original creditor? If not the plaintiff? I cannot find another name listed, I think that the OC is the plaintiff. 5. How do you know you are being sued? Served on 5/4/19 6. How were you served? At home address during dinner on Saturday. 7. Was the service legal as
  5. Hi! Thank you for putting this site together. I have never been sued. I have looked through the posts on this site but I am still very confused on how to reply to the Summons Complaint. I would like to create a post that is clear and detailed on how to address this Summons in the hopes of assisting anyone else facing the same. Please help. I think I would like for the Plaintiff, Portfolio Recovery Associates, to drop the case. I am not sure how to proceed. If I can't get them to drop the case then settling for a smaller amount to pay them is my second hope. I am unemployed. I do have all the p
  6. Capital One Bank (USA), N. A. Balance: $4,704.79 I was laid off back in 2007 and defaulted on my capital one credit card. I was not in a good headspace and never opened my mail as it was always bills and collection notices. At some point a judgment was ruled against me in 2010 for the Cap One debt that I was unaware of (being taken to court) until I just received this letter from Patenaude & Felix, A.P.C. FKA Bleier & Cox, A.P.C. dated 2/25/19 this past week (it went to an old address). It reads I have 14 days to accept their offer (reduced to 70% - $3,293.35). 1) do lawsu
  7. Hi everyone, I recently received a "Pre-Legal Notification" letter from Midland Credit Management, Inc. informing me about a balance owed to Capital One. The letter says, "After numerous attempts to contact you regarding this account, Midland Credit Management, Inc (MCM) will transition your account into the attorney review process after 02-12-2019." I have never dealt with anything like this before and would greatly appreciate help from someone who has any past experience and knowledge in what to do in this situation. I have read some of the other posts about sending a DV lette
  8. Hi, I have received letters that I being sued by Porfolio Recovery here in Texas for $4k owed to Capital One on a credit card. I have read thru several post and noticed that Capital one has no arbitration clause. I have not been served yet and honestly don’t know how to proceed? Should i fight it, reach out to the OC for a settlement....PLEASE HELP
  9. (Backstory) Several years back I was handed a summons while my now dead ex was having his condo forclosed on him. Was busy at the time the summons looked fake and all types of things were wrong in it so I never bothered to answer their complaint. It was with first national premier bank and they were way over the statute to be suing anyway. So this was around 2008 when this happened. I lost my job and the economy collapsed then I went under and came up but there sure is a storm brewing now and I don't even know where to begin. I got credit for $250 back in 2014 swore I would never have credit
  10. Hey everyone, I am looking for guidance on next steps. I opened my first credit card living in South Carolina with Capital One in college, it had a $10,000 limit (I'm not sure how, I knew nothing about money) and maxed it out and forgot about it. I can't remember when I started receiving calls and letters about collections, but eventually I told my mom about the debt and she suggested I ask for a hardship thing which I did. Interest and late fees stopped, and again I forgot about/ignored the debt. I checked my credit score a couple months ago and saw that it had jumped like 300 points overnigh
  11. Hello Folks, While viewing my free credit reports I see that one of the agencies shows Portfolio Recovery Assoc, LLC as in collections. I am in the midst of Warrant in Debt litigation (in Virginia) with PRA on an alleged Capital One credit account. Why do I not see Capital One listed in my credit report? Has PRA completely and/or LEGALLY taken the place of Capital One so that the original debt will no longer be reported with the reporting agencies. Is PRA in violation of the Fair Credit Reporting Act and/or the Fair Debt Collection Practices Act? Can I now submit that credit repor
  12. 1. Who is the named plaintiff in the suit? Capital One 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Nelson and Kennard 3. How much are you being sued for? $2,5XX 4. Who is the original creditor? (if not the Plaintiff) Capital One 5. How do you know you are being sued? (You were served, right?) Papers left at my front door. 6. How were you served? (Mail, In person, Notice on door) Notice on Door 7. Was the service legal as required by your state? Maybe 8. What was your correspondence (if any) with the
  13. 1. Named Plaintiff: Portfolio Recovery 2. Law firm handling suit: N/A. 4 individual lawyers and bar numbers are listed, with no firm name. I'm not positive that they are not simply employees of Portfolio? Names are Emily Pierce, Jordan Cook, Lori Williams, and Kristen Brinkerhoff. 3. What is the amount of the suit: More than $1,000, but less than $1,500. 4. Who was the original creditor: Capital One. 5. How do you know you're being sued: ... I was served with papers on Sunday, 30 April 2017. 6. How were you served: In person. 7. Was the service legal as required
  14. First post ever. Wish I woulda found this community a month ago. Been sued by CO and seems they've hired PNF in Nevada. I filled out a generic answer not really understanding the process but wasn't just going to roll over and take a wrongful judgement. I received a summary of judgement and I have very little time to respond. Seadragon posted some awesome content and steps for the state of CA which has very similar laws to NV but I'm lost and have no where to and find a straight answer so hopefully I'm not posting material that been covered but here are my questions... 1. The papers say
  15. Hello all, I've been combing the forums for about 5 hours now and I was hoping to get some help specific to my situation. Thank you in advance for taking the time to read this and hopefully responding. 1. Who is the named plaintiff in the suit? Myself. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blatt, Hasenmiller, Leibsker, & Moore, LLC (representing Capital One) 3. How much are you being sued for? $5454.23 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank (USA), N.A. 5.
  16. 1. Who is the named plaintiff in the suit? - Capital One Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Bleier and Cox 3. How much are you being sued for? - $4000 4. Who is the original creditor? (if not the Plaintiff) - Same 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) - Through a member of the household that is over 18 7. Was the service legal as required by your state? - I
  17. Hi everyone, I am new to the board and this is my first post. I am looking for some advice on how to proceed with two debts being collected on by Portfolio Recovery Associates. The first debt was originally owned by HSBC before they were bought by Capital One and the account balance is $1,900. The last payment was made sometime during 2013 and was later charged off. The other debt was originally owned by Comenity Bank, the last payment was also in 2013 before it was charged off and the balance is $1,400. I was not aware of what the debts were at first so I sent a debt validation letter to
  18. Hello, I was served a Complaint by Patenaude & Felix (in January) suing me for an account on a credit card debt with Capital One and I have already answered with a general denial. I was already skeptical about Patenaude & Felix's validity, but now my hunch has gotten even greater. I just got a letter in the mail from Capital One stating , "Thank you for contacting us.. (which I have not contacted them) ...and "Your credit card account was acquired by Portfolio Recovery Associates, LLC ." "Portfolio Recovery Associates, LLC now owns your account and may contact you either directly
  19. I received a summons to appear in small claims court from capital one regarding credit card debt for a card I had years ago. I remember this acct only had a limit of $550 because we got it after my wife and I had to file bankruptcy due to the medical cost for our son who has cerebral palsy. Later we cut this card up because the interest rate was so high. I am now being sued for $3000 and the only information attached to the summons is a statement dated 2015. What should I request during the first court appearance? I'm totally lost with this and have never been sued before and have no idea wha
  20. 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael J. Scott & Associates (Scott & Associates) 3. How much are you being sued for? $2427.17 4. Who is the original creditor? (if not the Plaintiff) 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 7. Was the service legal as required by your state? Proc
  21. I'm in Seattle, WA. This debt collector from OR sued me and they said you owe 1400 dollars. They said you had Capitalone/Best buy card 5 years ago and you never pay it. They didn't send me statements or payments I made or any kind of Evidence for their claim. I filled an answer denying the whole crap except the (The defendant was issued card number xxxx54) which hapens to be true but that card was from HSBC Bank not even from Capital One so they don't even know the original provider of the credit card. Anyway Send them documents of admission and request of documents f
  22. 1. Who is the named plaintiff in the suit? Capital One Bank USA, NA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Moss Law Firm Lubbock TX 3. How much are you being sued for? 3500 ( credit card limit was $3000) 4. Who is the original creditor? (if not the Plaintiff) Capital one 5. How do you know you are being sued? (You were served, right?) served with original petition 6. How were you served? (Mail, In person, Notice on door) left it door ( no
  23. Sued by Cap One and just realized the summons was served on 03/02, so I am actually going to be 2 days late if I do answer. I'm thinking I should settle, however. Representing law firm is a debt collector, but I called and asked them to confirm whether Capital One still owned the debt and they said yes. They are representing them, is all. The amount they allege is 1,879. The amount they'll settle is 1,695. I could not remotely come up with that amount, but they will take 50/month and send the agreement to the judge. My income is INSANELY low, so I don't know how a summary judgment would work w
  24. I just received a letter from capital one,which was sent to my old address, and its saying that I have a balance of $635.42 with them and that it's with midland funding now. I have a problem with this because first of all, I don't have a capital one credit card. Second, I'm 20 years old, and I only have 1 credit card, which was a credit card from my bank with a limit of$300. Can somebody help me. How do I deal with this. I received the letter just today from my friend, and it was dated november 14,2015. I emailed capital one already telling them that I don't have any credit card with them. An
  25. I filed a motion requesting arbitration as stated I can in the cc agreement. OC attorney responded to the motion saying my cc agreement was old and the new cc agreement they sent out had the arbitration clause taken out. They also sited the new revised agreement was sent out due to a class action lawsuit filed in 2005. I have no idea what to do from here? Any help would be greatly appreciated.