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  1. 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
  2. 1. Who is the named plaintiff in the suit? Velocity Investments, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gurstel Law Firm, P.C. 3. How much are you being sued for? ~$17k 4. Who is the original creditor? (if not the Plaintiff) Prosper 5. How do you know you are being sued? (You were served, right?) Informed by my mother that service had been attempted on their house and left on the porch. 6. How were you served? (Mail, In person, Notice on door) Service was in-person, reject
  3. Today I had court in Georgia after being sued by Midland for $948. They attempted to sue me in April 2018 in the wrong county and then served me in the right one January 2019. In the time between, I attempted to contact Midland and sent their attorney a letter from doctor stating I'm disabled and it's unlikely to change with no collectable income. They were unsympathetic, despite what is written on their own website. Following the advice I read here, I comprised a demand letter and motion to compel arbitration. I handed it to the attorney in the hallway this morning. He claimed not to have a
  4. 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
  5. This is my personal experience on how I beat Midland Funding, LLC twice in court and is not legal advice, but I will share what worked for me. Also, I want to thank Credit Info Center and all the people who wrote in the forums sharing their experience as well. The First Lawsuit I first received a letter from the attorney who was acting as a debt collector representing Midland and at the time I was already familiar with the validation process thanks to this website, so I sent a debt validation letter to the attorney. What they sent back was a joke and most of what I requested
  6. Hello, I came across this site and figured I would see if I could get a little advice. I'm going to court to fight Midland Funding after receiving an Affidavit from a law firm on behalf of them. I know this is VERY common and probably has been asked a lot. They are representing Midland on behalf of my debt to Sync/Paypal that was charged off in 2015. It's for $3,100.49. I don't "recall" owing this, but let's say I did owe SyncBank/Paypal that at the time it was charged off, I still want to fight them if they are lacking evidence and get it thrown out. Before I proceed further, I want to s
  7. HELPPPP!!! okay, ill try to keep this short and detailed! Accident occurred 2 years ago. Insurance adjuster insists I am the 100% responsible party. I disagree. I had several conversations with the insurance adjuster and got her to "reduce the total cost by 15% for possible lack of attention and possible speed being a factor for the other driver". After I got her to admit that much, I knew I had to stick to my guns and not agree to take 100% responsibility. Fast forward to not being able to afford a lawyer (I have 3 small kids, 2 working parents, cost of living is through the roof in
  8. Summons letter was served to my home last week. I wasn’t home so they left it with my mother. It appears that was from a law firm on behalf of Discover bank. The amount owed is a little over $3,000. I am currently unemployed and I have no assets. I rent an apartment and my car is leased. I am in no position to pay a settlement so I would like to figure out a method to either have this dismissed or possibly delayed for as long as possible. My last payment on this account was March 2017 and the account was charged off December 2017. I’ve attached the papers that were given to my
  9. Hi everyone. Long story short, I am completely lost. I have no idea what to do and can't afford to pay Amex anymore. I was young and got into a lot of trouble financially and ended up using their card a lot more than i should have. I have tried to pay it off over time but the interest makes it impossible to pay off any portion of the actual debt . I was advised to not pay them anything anymore and hope that they move the debt to a collection agency where I could dispute it. That never happened. I received word that Amex filed a summons against me. The summons went unserved because I moved to a
  10. I just got back form court and I got what I wanted. I was being sued by Discover, they used the firm blitt and gaines pc. I showed up early, prepared, and wore a suit. The only thing I had to say to the judge was "yes". the plaintiff's lawyer just motioned a stay or continuation(?). I had requested card agreements that they did not provide. Because of that she didn't try to get a judgment. I was planning to motion to compel arbitration but it didn't even come up. They wanted $3700. I made a initial settlement offer of $1400. The lawyer said she would try to convince "them" to that of
  11. 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!
  12. I want to offer my advice, because I finally got Calvary Portfolio removed and did not pay them one dime. I hope this helps someone. I just want to start by saying that it takes only a little patience and a little hard work, also I paid a small fee to my attorney, but I am gone. First things first. I got the letter that they were suing me and Calvary is known for spewing a lot of lies. They claimed to have tried to contact me. They never did. In their original court document, they claimed to have tried contacting me by phone and snail mail. I never received either, but I had to go t
  13. I WON TODAYYYY!!!! MIDLAND FUNDING filed a lawsuit against me in Lancaster County Pennsylvania claiming that I owed a debt to an old credit card company. They had a lawyer out of Philadelphia Pennsylvania file against me in my local Magistrate Office. I was in the middle of moving when the first notification came through and missed the court date. Thank God the judge did a little research on Midland funding and decided to extend the date requiring Midland to prove that they own the debt and to prove how they got to the amount of that debt and to prove they have the right to hav
  14. Hi everyone, Today I filed my answer and response to LVNV Funding LLC after they sent a summons to me via sheriff for an alleged debt of nearly 5K. What i noticed was that I never received an initial communication with them until I got this summons period. Secondly I've disputed this account on my credit report before and the original creditor listed it as disputed and never further pursued any action and they never verified it. Looking at my most current I pulled that account and creditor isn't even listed and from my credit reports from as far back as 2010 it showed the account as bei
  15. Hi. I have to go to court next week to defend myself against a Motion for Summary Judgement from Midland Funding. I have never been to court and do not know what to expect. Following is link to the Complaint, my Answer, Plaintiff's Motion for Summary Judgement and my Objection to Motion and Request for Documents. Also please see my responses to common questions below. Thank you in advance for any advice you might offer. *******EDIT - If you can't open files below see other link in my next post below ************ Complaint: https://www.evernote.com/shard/s447/res/9d65396d-9099-4f
  16. http://www.fox26houston.com/news/local-news/92232732-story
  17. So two years ago I took my son from ny state and left for Florida after my husband threatened my life for custody. That was in 2013. The days ago. Feb 2016, I found out that in Feb of 2014 he was awarded sole custody of my son. Now, I was never served, informed, or contacted by him or any law official ( including a proper sapena to court) about this matter. Due to my absence of this unknown affair he was awarded custody. Now we are still married and I found out that he served papers to his mother's house ( my last known residence to him) and the papers were received by either his mother or si
  18. I live in GA and am being sued by my homeowner's association for unpaid dues in the amount of $3800 which includes court costs, interest and legal fees. I was laid off for 3 1/2 years which caused me to get behind. My court date is at the end of this month. I actually owe $2958 and am willing to try to work out arrangements to pay the $2958 before the court date to avoid going to court. I was wondering if I should contact the attorney's office and offer to make a payment (I could give them at least $1500 now) and see if they'd be willing to settle the debt for the $2958 (I could give t
  19. Good Evening everyone! I am new here, have read some of the threads and plan to be here for a good while just to educate myself if nothing else. I received paperwork in the mail today noting my Bank in the upper left hand corner with Capital One Bank vs. Myself. The Collection Agency(WWR) sent the original Subpoena for the Production of Documents to My Bank. The Date for court is Dec 30, 2015. My question is, I know this is for my bank and maybe a lawyer for the bank will be there to represent and submit all information regarding bank account but what should I be doing? I owe th
  20. I've been reading the forums but didn't find anything specific to my state on getting judgements vacated or how to do it. We just went to refi our house and found out there is a judgement on my husbands Transunion report of a judgement from Capital one from 2010. This is from WA state. We finally found the judgement on the court page and there is a filing date of 1/26/2010 and a judgement on stipulation on the same date. On 2/26/2010 there is another filing that says ORDER RE: SUPPLEMENTAL PROCEEDINGS JDG0001 and at the end where the fee amount would be they have 04-12-2010MO. On the next
  21. Back in 2013 I had successfully defeated BoA and FIA card services in court over an alleged credit card debt that was and isn't mine. These guys will not correct my credit report even after their lawyers stated they would in their stipulation of discontinuance of their suit against me after I won the case. Now I feel like I have no choice but to sue them in district court. I'm not entirely positive whether I should file a civil claim or a small claim against them for violations of the FCRA/FDCPA... So any advice I could get would be completely appreciated. I have defended myself in cour
  22. 1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't
  23. Hello everyone, First off, I'd like to say thank you to the magic of the internet, but also this site in particular. I'm a long-time lurker, and this is my first post. I was brought to court by Velocity Investments, LLC for old, junk, credit card debt. I believe I made some good decisions as well as some bad decisions along the way, and I'd like to share my story here. I found a lot of other people's stories helpful to me in my case, so I feel I should return the favor and write a very detailed account of my case. If I feel I have helped even one person, I'd have done my job here. I ap
  24. I just wanted to come on the forum and thank everyone in this community for the great information. The information I learned from here helped me go up against Midland Funding in court and it was unremarkably amazing how easily they back off once you kick the legs out of their faux case. In my experience, they had no evidence to prove they owned an account from the OC. They had bought a portfolio of debt that must have been sold multiple times before it ended up with them. Their portfolio of an alleged debt I owed had CC statements, a bill of sale, cert of conformity, among other things.
  25. Alright Ladies and Gents, the day has arrived....I suppose we should get down to business: ========== Background =========== I've been checking my local court site daily because I heard that Persolve were scumbags...NO SUMMONS DELIVERED but this popped up online within the last few days. I have had virtually no contact with them. I have hung up on them a few times. Main Questions: i) Do I take this on myself, or hire an attorney? ii) What is my first step based on the answer to i 1. Who is the named plaintiff in the suit? Persolve LLC / Account Resolution Associates 2. What is the