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Found 8 results

  1. Hello, This forum is great. I've gotten so much great information from here and also wanted to share my progress. I am currently in ligation with a junk debt buyer(JDB) who is suing me for $42K+ in an unlimited civil case in California. Here is the timeline of how everything went down: JDB sent me a letter for the first time on 10/25/2019 It said that they are now the owner of the debt. They stated that the account was charged off on 11/21/2018 and that they're charging 10% annual interest since the charge-off date. They gave me two options on paying the total obligation of $42,xxx which I can either pay monthly over 4 years or pay 80% of it at $34,xxx if I can pay in one lump sum. If I disagree, they said that they may file a lawsuit to seek collection. I have responded back to JDB on 11/05/2019 requesting the following: Debt Buyer's right to seek collection Date of default or last payment Full account number Chain of assignment records JDB responded back with a letter on 11/13/2019 and attached Full account number Bill of Sale between the original credit card issuer and the 2nd owner dated 02/28/2019 Bill of Sale between the 2nd owner and this JDB dated 09/30/2019 JDB(Plaintiff) filed a complaint (lawsuit) filed for Civil – Unlimited for Other Collections on 11/26/2019 First Cause of Action: Breach of Credit Card Agreement Second Cause of Action: Money Had and Received Third Cause of Action: Money Due Court sent a notice of Case Management Conference (CMC) scheduled for 02/06/2020 I've filed my Answer to the Complain on 12/31/2019 I've filed my Case Management Statement on 01/22/2019 Plaintiff’s attorney called me on 1/28/2019 for mandatory ‘meet and confer’ before the Case Management Conference Plaintiff sent me Discovery Requests: Form Interrogatories Special Interrogatories Request for Production of Documents Request for Admission Case Management Conference (CMC) occurred at the court on 02/06/2020 Judge set the Mandatory Settlement Conference date for 9/11/2020 Judge set the Court trial date for 11/09/2020 I've responded to Plaintiff's Discovery Request on 2/19/2020 I've prepared my Discovery Requests and sent below to the Plaintiff on 03/02/2020 Request for Admission Request for Production of Documents Special Interrogatories Due to COVID-19, the court sent a notice that trial date postponed to 05/03/2021 and Mandatory Settlement Conference set for 02/05/2021 Plaintiff filed Motion For Summary Judgment/Adjudication on 07/16/2020 and Hearing was scheduled to 10/15/2020. The following papers were served to me: Memorandum of Points Separate Statement Declaration of JDB's employee Declaration of JBD's attorney Exhibits Credit card agreement Charge-off statement 24 months of monthly statement I've responded with Opposition to the Motion for Summary Judgment/Adjudication on 09/29/2020 (served with overnight delivery) Memorandum of Points Separate Statement Objections to Plaintiff’s Evidences Declaration of the Defendant Exhibits Bill of Sale (which does not have any specific account numbers) Defendant’s Request for Production of Documents (to show that I've requested for evidence but Plaintiff has failed to produce) Plaintiff filed a reply to my Opposition for MSJ/MSA on 10/08/2020 Response to Defendant's Additional Material Facts in Dispute Reply Brief in Support of Motion for Summary Judgment Court's Tentative Ruling denied Plaintiff's Motion For Summary Judgment/Adjudication Hearing happened on 10/15/2020 Plaintiff’s attorney dialed in to challenge Judge’s tentative ruling. I've dialed into the Hearing as well (due to COVID-19). After hearing arguments from both sides, the Judge took the motion under submission to review the evidences again to make the final ruling Final minutes on 10/19/2020 stated that Motion for Summary Judgment/Adjudication was denied with the following explanation: Plaintiff did not carry its burden(producing admissible evidence) or an assignment of Defendant's debt to Plaintiff Plaintiff's employee (Declarant) didn't declare having personal knowledge of OC and previous assignor's business records As a result, Plaintiff failed to show the existence of a contract between Plaintiff and Defendant or an indebtedness owed by Defendant to Plaintiff Additionally, Plaintiff failed to show an assignment of Defendant's debt to Plaintiff as the Bill of Sale is devoid of any reference to Defendant's credit accounts Even if Plaintiff shifted the burden to Defendant to create a triable issue of material fact, Defendant has successfully done so. ***EDIT: Now the trial is in two weeks, so I am adding some updates to this post. Had the Issue Conference with the Plaintiff's attorney since this needs to be done before 14 days of the trial. Plaintiff is going to add to their Exhibit List an affidavit from the original credit card issuer testifying that the documents (I guess the cardmember's agreement, the monthly statements, and bill of sale) are true. I have requested a copy of this to review because I have not seen this affidavit before. On their Witness List is a representative from Plaintiff's organization. I am planning on objecting to his/her testimony with hearsay. Now, my plan is to prepare Motions of Limine for Plaintiff's exhibits: Credit card agreement Charge-off statement 24 months of monthly statement Bill of Sale between the original credit card issuer and the 2nd owner dated 02/28/2019 Bill of Sale between the 2nd owner and this JDB dated 09/30/2019 New: Affidavit from the original credit card issuer Is there anything else that I should be prepared for? Or am I missing anything? Do you have any tips or advice for the trial (my first time)? I really appreciate your feedback. Thank you!
  2. I am in a civil debt suit vs C.1.. The representing law firm asked for a telephone conference. The court tried contacting the firm asking for a phone number twice in order to conduct a pre trial conference and received no response. I showed up and by time proceedings were to take place the court still hadn't received a response. I am wondering what my next course of action would be. Request to dismiss? Was told proceedings were to be concluded until further order. I never filed for a discovery or requests for production of documents. Does this give me time to do that or should I? Does concluded until further order mean dismissed?
  3. I'm being sued by Discover. Im not sure about how to navigate this forum. I read to post in the "is there a lawyer in the house" but I don't know how you guys find that. If Im inthe wrong spot- please do let me know. Thanks! I sent in a request for arbitration with JAMS back in May. They ignored my request which is evidenced by the papers they had served to me yesterday. I elected arbitration because I need to buy time. I do not have funds to negotiate with I do not have an income. The reason for the "breach of contract" was a personal injury which is also in litigation. I wanted to buy time with Discover til the litigation in my PI case was settled then neg a settlement with Discover at that time. I dont expect a settlemnt in the PI case for one year as my attorney in that matter just filed. Anyone? Should I just let them get their judgement and deal with it when I get my settlement since I have nothing to barter with? How much damage can they do with a judgement? Take my car? My home? Im at a loss and have no clue what to expect. Also feeling a bit sorry for myself as this would not have happened if I had not been injured. (sob Sob.. sorry everyone has their story- and I know noone else cares- especially not DISCOVER) so... please advise? I thought maybe calling them out for practicing as a collection agency without a license in WA State- but even if the Judge bit on that, it probably wouldnt dismiss. I have read through these forums to nausea and as helpful as they are- I dont understand how to respond to the paperwork. Is there a step by step somewhere? Thanks so much! Oh.. I did see I need to answer some questions: 1. Who is the named plaintiff in the suit? DISCOVER BANK 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Suttell & Hammer, P.S. 3. How much are you being sued for? over 15k 4. Who is the original creditor? (if not the Plaintiff) Discover 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) at home, answered door 7. Was the service legal as required by your state? think so, yep Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I sent a letter in May requesting JAMS. a few letters from them since offering settlements but I have not responded. 9. What state and county do you live in? WA , Kitsap 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) still in statute (no luck on that one) 11. What is the SOL on the debt? To find out: 6 years Statute of Limitations on Debts 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). Im not sure what this means 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I disputed with Discover when I requested JAMS they sent me a questionaire from the Fraud department- I did not fill it out. 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. YES, they sent me copies of a few statements and a few cashed checks of payments to the account. 15. How long do you have to respond to the suit? 20 Days . 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. Breach of Contract Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no interrogatories. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NO evidence, they listed within the document the last 4 of the card number, that I had made payments, that I had used the card... that kind of stuff.
  4. 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 better settlement? I first offered $500 on the spot as I had that much, they denied it and then said they would take $3000. I told them I could do $750 if they wait until Friday, and they came back at me with $3000 over three months. I can't afford that, not even a little. Any suggestions? case number [deleted for privacy reasons]
  5. Received request for admissions (Background information) In July 2006 we purchased/financed a vehicle for which we paid monthly installments due to circumstances our last payment was around January 2010 and the vehicle was repossessed in April. On 01/22/2015 a complaint was filed in Hillsborough County (indicates the debt was purchased by FFS, Inc - the plaintiff on 03/31/2011) and on 03/02/2015 we received a summons and we filed our answers on 03/20/2015. We had not received any further communication, that is until 02/27/2017 when we received a Notice of Intent to dismiss from Hills County due to lack of prosecution. They plaintiff assigned a new attorney and now on 05/10/2017 received request for admissions. I want to file my request for admissions, however I want to be sure I do not answer in such a way that will make the situation any worse. Separately, my mother was the cosigner on the loan and although they had her address information , The request for admissions I received has two copies, one addressed to my mother and stating it was mailed to her address. This was mailed to my address only and after speaking to my mother she confirmed she never received said document, how should I go about her side of it as I know there is a 30 day timeline on filing the response to the request for admissions. Any help is greatly appreciated as I cannot afford to be represented by an attorney on this case and just want the headache to be over.
  6. I received a summons and complaint for a credit card. The plaintiff is the creditor from Colorado and their attorney is out of Denver. They stated the venue is Weld County because I live there and the payments were to be made in Weld county. I have never lived in Weld county and the payments were never to be made in Weld county. How big of deal is this and should I deny the venue in my answer?
  7. In April 2015 I received a debt settlement letter from Synchrony bank to pay off my account for 1/3rd of the balance. I was in a bad spot financially so I jumped on the offer. The offer letter said I had to contact them by a certain date which I did. I spoke to a rep who gave me instructions to send a check along with a copy of the settlement letter via CMRRR which was done. Synchrony received my check but never processed it because they signed for it 2 days PAST the date to contact them on the settlement letter. They claim since they received it past the settlement date on the letter it was not accepted. My case is that I DID contact them PRIOR to the date and arrangements were made and followed through to pay the debt, Synchrony is saying that since they received my check past the date on the settlement letter to contact them they did not process the payment. Subsequently they sent me to collections and now a civil lawsuit. I have the signed green card, copy of the settlement letter sent to me and a copy of the letter I sent to them along with my check. The lawyer's office for Synchrony has sent me INTERROGATORIES to answer which I have no problem with because its all information I've provided to them previously but my question for the forum is: Can I serve the Plaintiff (lawyer's for Synchrony bank) interrogatories of my own? They are telling me "Synchrony refused your payoff because it arrived 2 days late" and I would like to know if I have the right to know who at Synchrony has the authority to say that + I would like to bring in the recorded conversations done by the attorney's office if it comes down to it in court. I think a judge would find all of this to be a waste of time but I will not pay Synchrony 4 times the amount I believed I settled for.
  8. Hello there, everyone! Firstly, I know this is a long post to begin with, but I just wanted to thank you all for all of the information I've gained from this site just upon reading. You all are a huge help to everyone on here who takes the time to read about their case and sharing your valuable knowledge and past histories is incredibly helpful. So now, I'll get to my case. It's a very little amount, Pressler & Pressler, Midland Funding, NJ - apparently all parties are quite well known, but all details are below. Upon first receiving this, I knew not even where to begin knowing it wouldn't be worth it to hire a lawyer and assuming it's probably a debt they have little to no info on. Upon reading this site and all of your valuable knowledge, I've been able to formulate the below answer. From there, I'm lost, might even be lost with the below, but any and all comments, thoughts, questions, concerns, anything at all is greatly, greatly appreciated. 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.) Pressler & Pressler, LLP 3. How much are you being sued for? $2,108.17 4. Who is the original creditor? Credit One Bank credit card 5. How do you know you are being sued? Received Summons/Complaint 6. How were you served? Mail 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? May have spoken to on phone. May have received letters. They have my phone number listed incorrectly on the front page of the complaint (comes up for someone with the same last name who lived on the same street I did on a previous address but was not me - makes me think they lack any info?) 9. What state and county do you live in? NJ, USA 10. When is the last time you paid on this account? 8/2/2011 11. What is the SOL on the debt? 6 years in NJ 12. What is the status of your case? Suit served? Motions filed? A summons/complaint has been filed against me. I have 14 days remaining to answer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I don’t trust unlisted number and thus most likely had no communication with them and this came upon me unknowingly. No I have not disputed the debt. 14. Did you request debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? May 4th, 2015 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? They did not attach anything along with the complaint. The only pages I received were the two special civil part summons and return of service pages, and the summons/complaint page. They provided nothing, no documentation, anything attached to the complaint. RECEIVED MONDAY 3/23/2015 4:57:52 PM 13231242 XXXXXXXXXXXXX Attorney for Plaintiff File # XXXXXXXX FILED Defendant(s) Civil Action COMPLAINT (Contract) Plaintiff having a principal place of business at: 8875 AERO DR STE 200 SAN DIEGO, CA 92123 says: 1. Plaintiff, MIDLAND FUNDING LLC, is the assignee and the current owner of a CREDIT ONE BANK, N.A. account, having the last four numbers XXXX, which went into default with a balance of $2,108.17. 2. The last three digits of the social security number of the person who used the account are XXX (actual complaint does have these 3 numbers). 3. The account was assigned from the original creditor, CREDIT ONE BANK, N.A. through it's legal selling entity CREDIT ONE BANK, N.A./FNBM, LLC to SHERMAN ORIGINATOR III, LLC on 04/12/2012, and then to MIDLAND FUNDING LLC on 04/19/2012. 4. Plaintiff, MIDLAND FUNDING LLC, alleges that the Defendant, XXXXXXXX, is the person who opened and used the account having the last four numbers XXXX, and has a social security number with the last three digits XXX. 5. Plaintiff is seeking from the Defendant, XXXXXXX, on the above account, the sum of $2,108.17. WHEREFORE, plaintiff demands judgment for the sum of $2,108.17 plus costs. I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated, and that no other parties should be joined in this action. I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7( . My responses: FORM A X (6) Other – Set forth any other reasons why you believe money is not owed to the plaintiff(s). (You may attach more sheets if you need to.) Plaintiff provided no documentation to support the charges alleged in the complaint, therefore defendant denies all allegations. FORM A (State whether you agree or disagree with each paragraph of the plaintiff’s complaint. If additional room is needed, attach a separate sheet.) 1. Defendant denies the allegations contained in Paragraph 1 of the Complaint as Defendant is, at this time, without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements and lacks information to form a belief as to the truth or falsity of Paragraph 1. 2. Defendant denies the allegations contained in Paragraph 2 of the Complaint as the Defendant lacks information to form a belief as to the truth or falsity of Paragraph 2. 3. Defendant denies the allegations contained in Paragraph 3 of the Complaint as the Defendant is, at this time, this request calls for admission of matter defendant has denied and thus it is improper. 4. Defendant denies the allegations contained in Paragraph 4 of the Complaint as the Defendant, at this time, lacks information to form a belief as to the truth or falsity of Paragraph 4. 5. Defendant denies the allegations contained in Paragraph 5 of the Complaint as the Defendant is, at this time, without knowledge or information sufficient to form a belief as to the truth and accuracy of the Plaintiff's allegations or entitlements as Plaintiff has not entered into record nor has he supplied the Defendant the alleged contract which substantiates these claims. AFFIRMATIVE DEFENSES: Lack of Standing. Plaintiff has failed to prove ownership of the alleged account with standing to sue.
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