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Found 5 results

  1. Hi there. I'm being sued by Unifund LLC, and they are represented by Daniel Gordon here in Oregon. I filled in the following questions: 1. Who is the named plaintiff in the suit?: Unifund, llc. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) : Daniel N Gordon, Eugene, OR 3. How much are you being sued for? : $11xxx.00 plus interest 4. Who is the original creditor? (if not the Plaintiff) : Citibank 5. How do you know you are being sued? (You were served, right?) : I was served. 6. How were you served? (Mail, In person, Notice on door) In person (my husband) 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? : Only letters from them - I never replied. 9. What state and county do you live in?: Oregon, Multnomah 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations): 2009 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B)looking it up online (many states have this information posted - when you find the online court site, search by case number or your name): Plaintiff and I have both been sent a list of arbitrators. Mandatory arbitration in Oregon for money suits under 50,000. I still have to send my list in with names crossed off. 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. : No 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? : I answered the summons on time. And I received the questionnaire - also answered. I just returned the Requests for Admission also. They are claiming breach of contract. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.: Affidavit from a Citbank employee, Bill of Sale and Assignment, two credit card statements. I am at the point where I need to send my own interrogatories. I was doing ok unitl I realized that arbitration wasn't exactly mediation and that it might be worse than court. Now I'm freaking out. Daniel Gordon wins most, 90%, of his cases because he gets default judgments. I don't know what happens with the other 10% but I'd prefer to be one of them. Thanks!
  2. I have received a summons with complaint from Daniel N. Gordon on behalf of plaintiff Midland Funding, LLC. Both the plaintiff and defendant reside in Oregon. I sent my answer certified mail and denied ever owning said credit card or legal contract with Chase Band or Midland Funding, LLC. On July 17th they sent me a letter stating, “Enclosed please find the document per your request for validation of your debt with or law office”. Included was CC statements and chain of title, also some field data from Midland Credit containing the acct. number, name, last 4 digits of SS#, address home phone # and account info. I have been advised by the court that the case has been moved to arbitration. I have as of yet picked an arbitrator. Daniel N. Gordon has sent me a production of documents and a request for admission, 26 in all, WOW. Any help in answering these would be greatly appreciated. Thanks, Just me
  3. So I have been served by Daniel Gordon on behalf of Midland Funding for some Wamu account years old for an absurd amount that is like 3 times more than the actual credit card ever was. I filed my response that I denied this debt was mine and demand validation. They sent me and the court some photocopied bank statements showing default payments for maybe five months followed by an affadivt from Florida saying some **** like I owed Chase 1600 dollars ( The same as the last produced statement) before the account was sold to Midland. So as I prepare my defense, what do I do about these photocopied statements and the affadavit? Should I argue heresay? Here is the lowdown, thanks. 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.) Daniel Gordon 3. How much are you being sued for? 2600 4. Who is the original creditor? (if not the Plaintiff) Wamu then chase?? 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) mailman in person 7. Was the service legal as required by your state? yea Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? never had contact with them 9. What state and county do you live in? Snohomish county, WA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 years in washington state?? Statute of Limitations on Debts 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). I responded denying the debt, and demanded they provide me evidence I broke a contract. The responded by sending a bunch of statements saying I owe xx amount of dollars. Sent request for admittance and request for production to both which I have replied in denying everything using the templates provided here to answer the questions. 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Too late 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? 30 days, and I responded to the claims. It was pretty much the standard crap, customer got card from wamu xxxx blah used it to buy stuff, broke terms and conditions etc...it had 15 admittances/interrogatories Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 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 and affadavit from florida saying I owed 1600 dollars on the account when it was sold to midland funding. And sent like 5 photocopies of statements showing non payment from chase bank. 17. Read this article:
  4. Hi there. I have another thread going about my lawsuit with Unifund/Citibank and Daniel Gordon, PC. But my question is about settling during this whole process. The reason I'm even here is that my husband and I ended up on the wrong side of the housing bubble and resulting market and construction industry crash. He lost his building work for a year, we had two tiny kids, a construction loan and a half-finished house. We survived by maxing out 8 credit cards that were virtually unused before then. When it all shook out I decided the only option was to try to settle with the credit companies for lower amounts, with a loan from a friend. Every single company worked with us - Chase, B of A, US bank. Except Citibank. I could never offer them enough. So, I ignored them through the last 3 years until I got sued by Daniel Gordon and Unifund. I offered them a paltry sum to settle, right after I got served. I got a response that was basically the whole 15,000 (it started out around 9,000) in one lump plus payments. I sent another slightly higher offer, and receieved an offer for 12,000 in lump sum. I haven't responded back since there's no way I can come close to that, but I'm ready to send another counter-offer. And FYI, my settlement offers are vague and do not claim that I actually owe Unifund any money. So, I guess I'm asking if this is even worth it. I actually would love to pay something and finish the whole affair. That was my original plan anyway. But will they be more or less likely to settle as the case progresses? I have returned the requests for admission and am at the stage where I need to submit my own discovery requests. It's Oregon, so arbitration is mandatory but has yet to be scheduled. I know this board is more about defeating the JDBs outright, and I would love to do that if I have to, but my sanity is strained and my stress level is high, so settling isn't off the table. Thanks!
  5. Hi there. I have lurked on debt forums for a few years now and am only just now posting. I successfully settled $100,000 worth of credit cards with Chase, Bank of America, and US Bank, all of whom settled for about 25-30% of the debt. In retrospect it seems almost painless. My husband had lost all of his work as a contractor after the housing bubble and we lived off credit cards for 6 months. That's all it took to get completely underwater and we couldn't recover. A wonderful friend loaned us some cash so we could settle instead of declaring bankruptcy. So, Citibank, the only one left, would never accept my offers. I believe the balance was about $9700 when I stopped paying in 2009 (maybe 2010 - SOL in Oregon is 6 years so it doesn're really matter). They sold the debt to some middleman, who sold it to Unifund, and I have been ignoring them for 3 years. I finally got served in April, by debt collecting attorney Daniel Gordon in Eugene - he's famous! He even made the cover of the Willamette Week here in Portland for successfully ruining thousands of lives. According to Mr Gordon and Unifund, I owe them about $15,000 - $11,770 from the original debt plus 9% interest. I answered the summons, answered all of the initial questions, and indicated that I was representing myself. I haven't talked to an attorney yet. I received a Request for Admission which I answered last week, within the time frame allowed. I answered all of the questions truthfully, as it seems is recommended. The questions I answered by indicating that I "lacked the information to affirm or deny" were all the questions about receiving every bill, the ones about the chain of custody of the debt, the actual amount of the debt, the breaching of the contract, etc. I added only the briefest explanations to those answers. Apparently there is mandatory arbitration for these kinds of lawsuits here in Oregon (or Multnomah County) - under a certain amount, and financial in nature. I was sent a list of attorneys and told to cross off two names (I looked them all up - definitely crossed off the guy who ONLY does arbitration and no other legal services). So, I know I can read through the many posts about arbitration and get some advice, but I guess what I really want to know is if I can actually do this without a lawyer. I had a panic attack today after reading about how arbitration usually ends up favoring the plaintiff in credit debt lawsuits. I planned to start preparing my discovery for documents, to be ready for what comes, but now I'm just plain scared. My defense at this point is that I had a credit card account with Citibank at one point that I stopped paying, but that I am not convinced that I owe Unifund $15,000, and that I hope I can convince an arbitrator of the same. Thanks!