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  1. Ok so I'm new to this process and when I discovered I could "e-file" I envisioned uploading a few pdf files before midnight... it's now 6:24pm and midnight is approaching before I'm technically judgement-eligible... Can I call the actual debt-buyer tomorrow and settle (lump sum) before the attorneys have the chance to file to enter judgement and garnish wages, etc? If so, what document do I request from the debt buyer to prove the debt is cleared to the courts? Just a $0 balance? Would I still be liable for the fees the lawyers accrued for filing the suit? Thanks,
  2. Summary: I'm being sued by debt collector, and I need guidance on Answer in response to Complaint by 5/2/2019. Questions at the very bottom. Thank you. 1. Who is the named plaintiff in the suit? Discover Card 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) M&J LLP asserting they are attorneys for Plaintiff Discover Bank 3. How much are you being sued for? ~$7K (I have several other similarly sized credit card debts I anticipate similar Complaints for) 4. Who is the original creditor? (if not the P
  3. 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
  4. Hi Everyone, I have been sued by Cavalry SPV I. LLC, as assignee of Citibank NA, over a credit card debt in the District Court. I was not served and did not receive a summons, but now I have received a Plaintiff's Motion to retain the case on the docket, that they have filed several times after notices to dismiss. Cavalry attached an old credit card statement and an affidavit of claim to the Original Petition. Please help...Really need some help and guidance on how to handle this. Also, I was sued by Portfolio Recovery Assoc., they filed through a Justice of the Peace and
  5. I received a court summons in the mail today. It was for a credit card I had a few years ago through Synchrony Bank that ended up being charged off in November, 2016. Midland Funding LLC apparently bought the debt, and is now going to sue me for the $1,400 balance, plus court fees. The total amount they're asking for is $1520. Honestly, I had forgotten about this debt after it got charged off. I would love to be able to just pay it off, but I just don't have the money right now, and wouldn't be able to come up with it before the court date. I don't even bring home $1,500 a month, because
  6. 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
  7. Hello, I am new, and this is my post (I hope I am doing this correctly). I am asking this question on behalf of my partner. A summons to small claims court for a credit card debt collection in the amount of $828.51 was sent to the home of my partner's mother (who was his guardian from April of 2016 until July of 2017, after he suffered a debilitating brain anerusm). His mother informed us of this summons having been posted on her front door on February 18, 2018. She scanned and emailed a copy of said summons to us. My partner does not live at his mother's address, nor has he lived at
  8. Ok you guys. I have an interesting situation I’m in. I recently had a judgement against me vacated on August of 2017. During my hearing, my opponent (midland funding) did not show up. The court granted this motion and vacated the judgment. The court then moved on its own motion to reopen the case for a new hearing in December 2017. I went to the new trial and some random person (probably an attorney who has no idea about the case) she showed up to court to claim the debt and tried to negotiate outside the court. I of course wasn’t interested in negotiating at all since I never entered into a c
  9. 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
  10. Hi - New here. I will sum up my situation and any advice appreciated. I entered a DMP with a consumer credit counseling service to pay off about 60k in Credit Card debt after major life events made it impossible to keep up with payments. Long story short the monthly payment was too much, so the the DMP was cancelled and all cards were written off as charge offs. 1. Last payments to most of the CC were through the DMP in June 2015. So most cards officially charged off in Nov or Dec 2015 2. One item not included in DMP was a loan through Prosper. Charged off in 5/201
  11. Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney. I've answered the questions necessary thats been requested by the admin/moderators. Thanks again ahead of time. *Note: I've left out specific info. If anyone needs more specific info I can message or email
  12. Question: Does it matter if the collections attorney is lying about who they represent if I know they now DO own the debt? Am I right that they own the debt? Texas resident. . I have two accounts in collections from 2013/14 when I was unemployed. I let my fear and shame rule me, so I did not talk to my creditors at the time, and have since then been at a complete loss as to how to proceed. I am now determined to get ahead of these. My finances are now back to where I can make payments. I have also applied for a Lending Club loan in order to pay all at once, but I don't think I will b
  13. Need advice on how to file a response to a court document informing me that I am being sued by Midland Funding for a credit card debt owed to Credit One Bank. Within the documents it shows that the bank sold my file to a collection agency,then that agency sold it to another and after that, apparently Midland Funding bought it and is now suing for the amount of $2,168 of which all but approximately $600 are late fees, etc. The document titled "Citation (Debt Claim Case)" states: You have been sued. You are commanded to appear by filing a written answer to the petition filed by Plaintiff wi
  14. Hi guys, it's my first time using this forum and I wanted to ask about debt. I know that many people on this want to be debt free and some of you may have learned how to be frugal after getting yourself in a tight spot. I'm also of the latter, and I wanted to ask what you think about ... link removed...like the one I linked to, in order to pay off $10,000 of high interest credit card debt (16%). The APR's with a new loan would be less, and I would have a longer time to pay it off (2-3 Years) but I am definitely asking for guidance here. Any mathematicians here? lol, Thank you in advance!
  15. Hi I was recently sued by Unifund CCR, LLC for a credit card debt. I answered their summons . Now i received document for interrogatories. I was not quite sure on how to respond back to the specific questions below which ties back to the Answer that i replied back to the summons. Would greatly help if any one could help me explain what exactly they mean and template to answer. I received the same question for 12 of my affirmative Defenses. With respect to the First affirmative defense alleged by you in answer to the plaintiff’s complaint, please set forth: I. “Identify” each and every p
  16. Hy guys, I have been reading a lot on this forum and I want to thank all those who brought a beam of hope into the lives of many people! Thanks! This is my issue: on July 9 I received a letter from a law group, signed and dated by a lawyer July 6 2015, informing me of their "Intention to file litigation....". They informed me that I had 30 days to dispute the validity of the debt. On August 3rd, I sent a letter (didn't think to make it certified!) to the law firm. Today, August 9, I receive another letter from the same law firm (dated and signed Aug 6) stating they have "Intention to file
  17. http://finance.yahoo.com/news/woman-sues-debt-collector-wins-103051927.html
  18. 1. Who is the named plaintiff in the suit? Bank of America 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stillman law office 3. How much are you being sued for? 7k 4. Who is the original creditor? (if not the Plaintiff) BofA 5. How do you know you are being sued? (You were served, right?) yes, served 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any)
  19. Hello, I am new here but I see that there are lots of very active and knowledgable users here so I thought I'd seek some friendly advice. I am trying to help out my 80+ year old grandparents that have gotten themselves in some seriously unmanageable debt while trying to help another family member's difficult financial situation. Bless their hearts, but shame on them for digging themselves in a financial hole. They have a total of about $31k in credit card debts in 22 accounts.They have no real assets - not homeowners (rent), no business or properties, only have a pretty old car.Their only
  20. "I am involved in a credit card debt lawsuit here in FL. I've done pretty good so far. I was able to get the PA's motion to strike defendant's affirmative answers denied b the judge. I had served them a Request to Produce for discovery. They, of course, have file a motion for enlargement of time, which the judge has not ruled on yet. But, the 30 days deadline for discovery is approaching at the end of this month. I trying to draft the "nice" letter I need to send to Attorney. Can anyone please give me some pointers on how to write it up? I have been unable to find any samples. this
  21. A family member received a letter from a JDB that is attempting to collect on an old CC debt that was included in their Ch7 bankruptcy. This is an initial contact with the proper language/disclaimers. Quick rundown - JDB is Jefferson Capital Systems (first I have heard of this particular outfit, possibly related to RJM Acquisitions) - Recently purchased the debt (no date given) - CC Debt, around $2-3K, last paid in 2009 - Discharged in BK CH7 in 2010 I've read the attempt to collect on BK discharged debt may be a violation of FDCPA Section 807: "(2) The false representation of (A) the cha
  22. Go a letter from Sentry credit stating to disregard their previous letter and I never got the previous letter as far as I know. They had a OC listed which I did have a credit card with them . So why would they send that and then say sorry for the inconvenience. Perhaps it got resold to another JDB?
  23. Here is a good article on this (FDBPA http://blog.nationallist.com/2013/08/01/new-california-debt-buying-practices-act-fdbpa-could-affect-you/