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  1. 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.) Lloyd & McDaniel, PLC 3. How much are you being sued for? $2,237.74; 4. Who is the original creditor? (if not the Plaintiff) Chase 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) mail and in person 7. Was the service legal as required by your state? I think so not 100% sure Process
  2. Hi everyone! I was served with a Civil summons for a flex loan I defaulted on from Advanced Financial in TN. Can anyone tell me what to expect? I've never been to court in my life. I stopped paying because I don't have the money, and won't have the money now either, although I would have it at tax returns around May. Will these people work with you? Let you do a payment plan or a later due date? I'm 90% sure that I don't have any disposable income, if I do it's not much, so they wouldnt be able to garnish my wages much, if at all. The only thing of value I own is my 2005 Ford. Will they try to
  3. Hello, I just received a Pre-Legal Notice from Credit Corp Solutions. Basically the letter says that due to a lack of response they've placed the debt with their pre-legal department and it may be referred to an attorney. I did some research and found that this is a standard intimidation letter and they have actually been sued over this here in California. Some back story: This account was charged off in March 2017 and sold to Credit Corp Solutions. They first contacted me shortly after. Something that's interesting is that they actually listed the debt as being $700 more than
  4. Hello and thank you all in advance. I was in the middle of a pending case for a debt collection lawsuit against me. But, I just recently received an update to the case. I also received a letter with Proof Of Service / Request For Dismissal. Case Type: Collections Case - Seller Plaintiff (Limited Jurisdiction) Status: Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 06/10/2020 On the Complaint filed by (Bank Name) on (Date), entered Request for Dismissal without prejudice filed by (Bank Name) as to the entire action 06/10/2020 Order to Show C
  5. Like others on this board, a law suit was filed against me however, I have yet to be served. I too am using the case number to monitor the case, however, I learned today (9/17/19) that on 9/10/19, a Proof of Service was filed an in it the server testified that he saw me, spoke to me and that I verified my identify by verbally responding that it was me when he asked me my name. He has a date and time stamp of when he supposedly served me, however this is completely false. I have my google maps that show I was not at home at the time he claims he served me - in fact, I was driving.
  6. I hired a lawyer to represent me and to try and have 2 small collection accounts owned by different collection companies removed from my credit report. Both of them I could pay in full if required and my intention are to negotiate the best deal that improves my credit score. One company has told my lawyer that they do not remove record of collection from the credit report, and the other has not responded to my lawyer yet. I am wondering which scenario would be a better option for my bank account and credit score which is in the mid 600's right now. 1) Ask my lawyer to negotiate ha
  7. (Forgive me if I haven't had enough time to search for all the right answers in the vast amount of resources this forum has to offer! I may have limited time or already be out of it! I am also seeking an attorney this week.) I am living abroad out of the US and have been possibly sued by a bank or through a debt collection agency being assigned by a bank. I have a number of questions! 1. The file date says 1/3/2020. If I have 30 days to respond, does that mean I have until 2/2/2020 or is it the date that I have been served? Because that leads me to my next question... 2. Aside f
  8. I've gotten about 2 calls from an area code that is associated with my county (they even somehow got my dad's cell phone number and called him as well, not sure how that is even possible) in the past week from some Anthony Telesco at CRS & Associates. The first message (June 2) he left me was informing me that some files were placed in his office regarding some failed bank transaction(s) and it had my name, date of birth, and social security on it or whatever, urged me or my attorney to call him back at said 844-249-2890 number and he pretty much hung up. He called again today and left a
  9. Hello dear friends. I am another one that has been caught in the claws of portfolio recovery for the amount of $3164.43. Complaints are "Account Stated" and "Open Book Account". The lawsuit contained Exhibits A and B which were a statement showing the last payment made (which was returned by the bank) and also a final statement showing that the account charged off. This is being done within the legal time frame. So far I have submitted a general denial with an Assertive defense of "Lack of Standing Because No Debtor/Creditor Relationship" to the court which has been stamped and I
  10. Hi, I am new to the forum and I saw similar posts as this but I was just wondering if I can get info on my specific post. I recieved this letter from stenger and stenger about twodays ago. I am just wondering if I can get some advice and wisdom from you guys. This is not a summons or anything but I've read that these people will sue. Any thoughts? Thanks in advance! I am in Ohio by the way.
  11. Hello, I just got a letter 1/24/2019 from the lovely Hunt & Henriques notifying me of their "intent to sue and incur court costs" on behalf of their client "portfolio recovery associates llc" for my old credit card debit (which was $1,400) of $1,842 from a Barclay card opened up fall of 2013. I've made no contact with H & H. I have tried over and over to find out when my last payment was on the Barclay card, but I am almost certain it was 4 years ago, give/take a few months. I'm in CA and I know the statue of limitations is 4 years, which I'm at or, darn close
  12. I received a complaing from Midland by regular mail. I talked to a lawyer and he said it may be better to settle- debt us inder 3k I still have time to answer the complaint, but I sent a debt validation letter and they responded right away with a statement copy form original bank and bill of sale from original bank to them, Midland is the 2nd JDB, previous collector was Oliphant. Wells Fargo- original creditor and Oliphant reported on credit , now Midland reported with higher figure( fees interest I assume) I never received in writing anything before from therm ever, I have robo calls from an
  13. I’ve been reading several posts regarding collections from Capital One Bank. And my story is no different. I’m needing advice on what I could do next. First, I was NEVER served my summons by an officer of the courts, I was mailed a few attorney advertisements and attached were the summons. Immediately I got scared, and researched how to file my answer, which I did, as of November 15th. I have no legal representation so I’m defending myself “pro se”. Before this summons came about I was taking steps in repairing my credit, and I sent my first rounds of letters to all three bureaus. Since
  14. https://jalopnik.com/how-a-subprime-auto-lender-consumed-detroit-with-debt-a-1829527899
  15. In question is a debt of $12,000 from an old Citibank card, junk collector Cavalry SPV is now pursuing me. I have answered all of their requests and interrogatories and attended a pre trial conference May 2. I believe I caught them offguard as they assigned a new local lawyer that very morning. At the Pretrial I denied everything and the Cavalry Lawyer kept badgering me for my birthdate and social security, I simply stated you guys should already have this and know who I am. Long story short, the Judge asked Cavalry as to where is the signed contract? The Cavalry attorney stat
  16. I just received a letter from ADP (the payroll people). I am being garnished for a debt I have no knowledge of. Here are the facts of the case: 30-April-2018 I received a letter from ADP informing me of garnishment by Levy Law Firm, on behalf of Pioneer Services a Division of Mid-Country Bank? I googled and looked up the case on the Fairfax County General District Court website. Indeed there is a case!!!!! Not much detail except that there was a case filed on 23-June-2017 and a Default Judgment was awarded at the civil hearing on 21-August-2017. The amount is over $6,000 an
  17. 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
  18. Hi, I hope this is the correct infocenter for my questions. I'll keep it brief! My fiance' was working with his company on an out-of-town job back in 2012 when a temp employee mishandled a crane and dropped a 1,000+ lb table on his leg. Rolling mostly out of the way, the table only caught skin and muscle, causing a baseball sized hematoma on the inside of his knee. The project manager offered him a management position if he didn't report the incident/receive treatment under workers' compensation. Long story short, 3 days of not being able to walk and the issue was brought to HR; HR mandat
  19. I took out 6 small-ish private student loans (between 3k and 8k), the original promissory notes dating between 2005-2007. All have since been purchased by NCT. They were serviced by AES for years. Once they became due, I paid every month on all of them, to the tune of 19k total between 2009-2013. In 2013, my co-signer declared chapter 13 bankruptcy and--I just discovered last week--he was able to list the loans from NCT on his chapter 13 bk and listed me as the sole responsible debtor. I found out that my co-signer's attorney included the student loans in his Chapter 13 bankruptcy and that th
  20. Hi All, So I just found out that I have a default judgment (was never served) for a debt I've already paid about 7 years ago. At this point, I'd like to quickest and easiest way to proceed as I have proof that I've already paid my debt through a collection agency (thank God). What I'd really like to do is avoid having to take off from work and going to court. With that being said should I? A. Contact the creditor in writing with the proof of my paid debt? B. Go to court to formally vacate the judgment and fight it? Thanks in advance!
  21. I havent been able to find any definite answers on this question. it seems to me that a collection agency should not be reporting the name of the health care facility .. for example the name of a drug treatment facility...wouldnt that be horribly embarrassing? Aren't they supposed to used specific codes?
  22. Hi All, I just stumbled on a site, blowsparks, that claims to help people defend these collections cases on their own. It looks like they took a lot of advice from this page and the Sacramento Law Library and turned it into cartoons for people to watch. Does anyone have any experience with them? Thoughts? -Chuck
  23. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Javitch Block LLC 3. How much are you being sued for? $1465.36 4. Who is the original creditor? (Dell.com and then WEBANK) 5. How do you know you are being sued? (You were served, right?) YES 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 be
  24. A junk debt buyer (JDB) added a collection to my three credit reports a few months ago. The original creditor they're listing is an online entity I received a loan through. However, the loan agreements were between a different company and me. If that's not bad enough, the amount they claim I owe is completely fabricated... and they're raising it each month with interest and fees. I disputed this account with all three credit bureaus. It was verified within a month. What is the best way to dispute a collection on a credit report based on a JDB's standing? I'm not sure how I can