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  1. PLEASE HELP! NEED INFO ON STEPS TO FIGHT DEBT COLLECTOR ASAP !! PLEASE READ WHOLE THING AS I HAVE SEVERAL DETAILS THAT WILL HELP ME WIN !! I just need to know which steps to take at what time . Midland is suing my husband claiming we owe old credit card debt. I was served by a process server on behalf of my husband . They sent the process server to my old address in another county he called me and I told him my address to bring me the paperwork . He was taking pictures of my house as he was signing a paper about how much I weigh and color of my hair and other personal details about me which I thought was extremely odd! I'm sure he took some of me and was recording me as well while I was talking to him. I did not say much as I knew he would be telling the debt collector everything ! I plan on fighting them because years ago I received a call from my mom who was at work and she was very upset her voice was shaky and she said a person from the DA's office called and had a warrant for my husbands arrest and I needed to call within 15 minutes and pay to see if they could get the judge to stop the warrant before he went to lunch. .I have no idea how she got my moms cellphone # or her work #!!! My mom works at a very large company that works on Air Planes and they are not allowed phone calls at all unless it is a emergency!! So she got in trouble due to these debt collectors calling her at a large business where they have to walk 1/4 to 1/2 mile maybe more to get to the phone in Personel office ! She called me on her break extremely upset and her voice was shaking tIt was a woman named "Vallery or Valeria Thomas" and was using fake phone #'s off the internet . When I called a man answered and said" DA's office" I was scared to death and asked for the woman by the name I was given . She answered the phone very rudely and and said she is a officer in the criminal investigations dept of the District Attorney's office and said I have to pay $500 within a couple hours (I can't remember the exact hours as this was in 2014 ) I was very sick with Lupus and stress makes Lupus severely worse! My kidneys were being affected (Lupus Nephritis) and we have 6 kids so my husband had been out of work helping with them off and on as I was unable to even walk or get out of bed without my feet swelling so bad they were bruising . Anyways I began shaking and crying uncontrollably as my husband and I have never been apart in over 20 years together and I was so sick I thought I was going to die at the time and I was only 28-29 years old . I sound very young like a teenager on the phone so once she seen I was young and scared , she went from a very rude "Criminal investigations Officer at the DA's office " to a literal raging ,cussing, harassing "Criminal investigations officer at the DA's office" she said it was a felony to scare me even more . My husband nor I have ever been arrested or even been in trouble with the law at all , other than 1 speeding ticket he got trying to rush home to get me to the ER when I almost passed out at home alone with all our kids there who were young at the time. I'm sure that this woman looked online to see our records and seen we had never been in trouble so she knew she would scare me with threatening to take my husband to jail! I asked her if there was anyway possible I could pay $100 a week beginning the following Friday or every month as the debt was only $500 from a payday loan in our area . The woman "Vallery or Valeria Thomas" or whomever she wanted to be that day kept on harassing me and I told her I had no money at all !! Not even to pay my light bill and she said "Well then I am going to be there in a few hours with the police and you will sit and watch your kids crying as their dad is arrested and taken away in handcuffs! " How are you going to come up with bail money?! " I said I was not sure what to do and she said well if I were you I would borrow the money! She told me to ask my mom or my father in law! When I said they were broke too and asked if she could please give me until Friday or even the next day she became even more angry ! I was crying and she was yelling louder telling me she was going to arrest him it didn't even matter if I came up with the money ! She was going on and on even cussing but by this time my kids were in the room asking what was wrong and were scared to death the cops were coming ! I told her to let me try to find the money and I would call her back in an hour . She then called back and said she had a cop right there and even put a man on the phone to say yes he was a police officer in my town but he said the wrong town so that tipped me off ! I got off the phone and typed in her name and seen where she had done this to others all the time and one family even had their loved one have a heart attack he was so scared! I went online and reported her to the CFPB and they could not find out what debt collection agency she was with but the case is still open 4 years later. She continued to call our family members at work and even my father in law in the hospital with severe pancreatitis and he was extremely sick in the ICU of the VA hospital and she asked him if he could pay our debt or we was going to jail! She called my mom at home asking her to pay it and my father asking him to pay it! Then I get a call months later from my uncle saying he got a call from the police saying they were going to arrest my husband again if he did not call them back and pay this debt ! This woman and her other employees were so evil !! They had no conscious at all!! A man with the name Jefferson or something would call and say he was a undercover detective coming to arrest us both! My family would explain we had 6 kids and I was disabled with Lupus and they would say well they should stop breaking the law then!! It was a nightmare for a very long time!! I had no clue how they got away with this and with all this technology they could not find out who they were?! Well now here we are 4 years later and we get this Lawsuit from Midland saying they are going to sue us and put a judgment against us for $1400 !! I am on SSI my husband works nonstop to try and support us and we have 6 kids to feed, clothe, and support! I began reading the papers very closely they gave me a thick stack of them with 2 pages of the credit card statement showing the balance they claim we owe and some with all these different "Witnesses" to prove they bought the debt from the credit card company and all their attorneys names and email addresses . The papers showing they sold the credit card debt do not have my husbands name anywhere on them and they look like it is papers they use to try to act like they have proof to scare us saying they are on a certain electronic hard drive . They likely just make copies for each person they serve . I am doubting they even have the documents as I asked them for them through email and never got any response other than their middle man who speaks back and forth saying they will let them know . I then researched some of the attorneys names to see if they are real attorneys and noticed several of the attorneys names were similar to the people who harassed me 4 years ago!! They call me and my husband ALL DAY LONG ! Nonstop! They start early in the morning and call until 9:30 -10 pm ! The call on weekends and even called during a state of emergency when Hurricane Michael was hitting ! Almost like they think we are vurnerable because of the hurricane!! We were in a county under state of emergency but we did not get is as severe as others thankfully! We did evacuate and stayed in a hotel just in case and they called non stop ! It is ridiculous! How is this legal?! When I answer they will hang up! They will leave voicemails some times with vague messages not even saying who they are or are calling for but something like "Yes we need to speak with you about a situation call this #" they are trying to cover themselves so we can't report or use it against them . They use different numbers but I have all my phone records with the dates and times they call my husband and I both! I have documents to prove it is them . I am wondering how do I write a document to request all the credit card records they claim they have on these hard drives ? When I fill out my answer do I just say "Deny" or what do I put? Is it legal for me to let them know on my answer that I know it was them harassing me years ago under fake names and then send them the proof I have or do I wait until court and tell the judge? I am going to report this to the CFPB on my previous report because they said if I get any new info or contact from them to let them know and I want them to look into it ! The papers we were served just says to be in court on a certain day but doesnt tell me to file an answer ? DO I still need to? I know for sure we will be in court and fight this until the end and then we plan on filing a counter lawsuit against them for harassment ! We can not afford an attorney right now but are we able to still get one after we go for the first court date? We also live in a different county than they filed the lawsuit in because they have our address as our previous address on the paperwork . How do I request it be moved to our county ? Would that mean we have to pay court cost ? If anyone would be willing to help answer these questions I would be so grateful!! Thank you if you read this whole LONG book LOL! I just wanted explain all the details that need to be explained to make it easier to get help. Thank you again!
  2. I received a summons to appear in small claims court from capital one regarding credit card debt for a card I had years ago. I remember this acct only had a limit of $550 because we got it after my wife and I had to file bankruptcy due to the medical cost for our son who has cerebral palsy. Later we cut this card up because the interest rate was so high. I am now being sued for $3000 and the only information attached to the summons is a statement dated 2015. What should I request during the first court appearance? I'm totally lost with this and have never been sued before and have no idea what all is involved with this. I can't not afford an attorney due to the cost of care our son receives. Any and all advice would be greatly appreciated. Thank you for your time
  3. Hi, Rookie here.... this site is amazing, I've learned so much just since last night... unfortunately, after the fact... I am being sued by an attorney representing FIA Card Services for an unpaid BOA credit card charged off as of 11/09. After two court appearances, in which I was the only one in front of the judge, the attorney filed a Motion for Summary Judgement. I started digging through old paperwork, and found three credit agency demands for payment on this account. The 3rd, was a very intimidating and explicitly demanding letter from the attorney now suing me. Her letter said "acting as a debt collector". "Demand is hereby made upon you for the payment in the amount of $4xxx.xx (PRINCIPAL). Your payment should be made by certified check, cashiers check, or money order paid to the order of: HER, at HER address." It occurred to me, that BOA had charged off the acct, and sold it to JDB pool. The attorney (the 3rd collection agency) tried to get it from me, and failing that, filed suit naming FIA as the plaintiff. She submitted an AFFIDAVIT from an FIA custodian of record. To make a long story short, I filed a Motion to Oppose Summarry Judgement, and attached an exparte motion to Strike the Affidavit, and Motion to Dismiss. I completely misunderstood the court clerk, and sent the lawyer the attached motions,(so all 3 can be heard in court at once on 6/27) a day late of the 3 day order. Court clerk said she'll probably know anyway from online court calendar, but I'm thinking it will get continued for my late mailing. The main premise of my motion to oppose and dismiss is alleging that the real plaintiff is the attorney, and that FIA is a third party to the action, but has assisted the atty. But my main question, after finding this site, is....... what can I expect in court on 6/27? The attorney has never been in court. Over This ReplyReportEdit
  4. In August, 2012 I requested discovery, interrogatories, admissions from Portfolio Recovery they have not responded. A few days ago I received, by regular mail, no signature required, a REQUEST FOR ARBITRATION from Portfolio that was filed at the Court of Common Pleas, Fayette County, Pennsylvania. It is stamped November 30, 2012 from the county's prothonotary's office. The document states : Kindly refer this matter to the board of arbitators for a hearing. The amount in controversy is $3272.25 or less and the case is at issue for arbitration. The case is to be tried by and noties sent to the following attorneys: (to which they list 3 attorneys for Portfolio). The bottom of the form states estimated time for hearing 45 minutes and the date of 11/29/12. Not sure how to proceed since Portfolio has not sent me and information I requested in the disovery, interrogatories or admissions. I responded in a timely manner to the request Portfolio sent me asking for disovery, etc. yet they won't respond or send me what I requested. Any advice you can share will be greatly appreciated. Thank you.
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