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Found 5 results

  1. Hi! I have been dealing with a lawsuit from Cavalry (from a credit card) for around a year. I have been following the legal process as "Pro Se". so far so good. On the beginning of September the Judge ordered "Denied the Motion for Summary Judgment for the Plaintiff", now we are going to trial in three weeks. As we speak I am trying to get ready for my defenses. The Lawyers from the prosecution have around three months of statements for the account in which are suing me. I do not recognize or remember about this account, but they have the credit card statements as part of the exhibitions. In the statements are showing payments (credits). Can somebody help me in how to approach the credit card statements and the credits that are showing in the statements with the Judge? also the lawyers submitted a motion for appearance by phone of a Paralegal from Cavalry, but the Judge have not answered it yet, in the case is granted can you please tell me how to handle that?. Just fyi... in the credits (in the credit card statements) is not showing my name neither is showing copy of checks. Not only that but they do not have copies of bank statements showing debits paying the CC . Thank you
  2. Hello everyone. I could really use some help here. I received a summons on Friday and I am not exactly sure what to do. I have never had to deal with any sort of legal issues before. Any help would be appreciated. 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gamache & Myers PC 3. How much are you being sued for? $615 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 5. How do you know you are being sued? (You were served, right?) Summons 6. How were you served? (Mail, In person, Notice on door) 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? I have never been contacted by them before. 9. What state and county do you live in? St. Charles County, Missouri 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/17/14 11. What is the SOL on the debt? To find out: 5 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). Website doesn't say and I haven't called the court. 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? No. I had no idea that there was a suit.. 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? Scheduled for 1/8/16. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent a copy of their petition to the court- Count 1- Suit on Contract Count 2 - Account Stated and an account summary that specifically states that it is not a statement from the OC.
  3. Hi there, thank you for taking the time to check this out, Last week I received a 'summons' from Midland Funding LLC by a courier for a debt they say I owe them. Just today they sent another copy of the 'summons' in a letter that came through the mail (USPS). After quite a few Google searches which linked me to a lot of posts on this forum I decided to start my own thread since I believe my issue may be a bit different than the others I've read through. If it isn't something totally 'new', I apologize but I could use help still! Some more of the story: Last week (April 7th) a courier delivered a few documents stapled together (not in an envelope) to my father and after looking through it, it appears to me to be a fake summons. My father told the courier that I was here but that I was sleeping and accepted it himself. I'm not sure if it matters, but my father and I share the same name, is that something I can use in my favor? After looking things up, it seems that that may have been a big no no for them to give the document to anyone but me, or am I mistaken? I also say 'fake summons' because after checking ( https://www.law.cornell.edu/rules/frcp/rule_4 ) I noticed a few things missing on the 'summons'. There are no signatures anywhere except Midland's attorney, nor do I see a court seal. It also doesn't state the time I must defend myself, so there are at least 3 things missing that supposedly MUST be on it. After some more researching, I've realized that this may just be them showing me their intent if I do not follow their 'plan'. It also seems more like a bully tactic to scare me into calling them, confessing all of my sins while they record it to use it as evidence to collect on this figure they've come up with which is larger than the limit on any card I've had. So now, I guess what I'm asking is what should I do next? So far, I haven't done anything. I've read through these documents and quite a few similar issues on here, and now I'm here looking for help! The documents say I have 20 days to respond (so, from April 7th, which would give me until the 27th, 11 days from today) if it IS legit. Should I try to get free legal help? I cannot really afford an attorney let alone the debt Midland says I owe them, but I've heard Minnesota courts are some of the worst for the consumer (IE: me!) in the country. I don't want to have the deck stacked against me when I'm trying to get my life back in gear. I'll save the full sob story, but I've dealt with addiction and I'm starting up school this fall and this issue is really distracting me from continuing on with the next stage in life. I really hope this isn't as big of an issue as my mind is making it, but trying to stay positive is getting very difficult. Anyway, any help at all would be greatly appreciated! If there's anything I've left out that could be of help, please let me know so I can provide it. Thank you again for taking the time to read this, Jeff -
  4. i have a very old utility collection that is on my credit report (found out while applying for a mortgage, not fun) in the amount of $295. i have zero problems paying it but the collections agent said they do not provide a letter of deletion and that i would merely receive a receipt for my payment. keep in mind the collection agency only works for the utility company. after speaking with a supervisor, she explained that paying in full will "delete the trade line" and she said yes it will remove the negative item from the credit report. is this true?
  5. Hello, I am in AZ. I sent a debt validation letter to a local collection agency that included... "I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS." They have called me twice since they have responded to my DV letter, one of which they left a message specifically stating the employee's name and who he works for. I am planning on filing suit...do I file a suit per violation or just one suit with two accounts of violation?