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  1. I just got served on 8/26/20 by a debt collection company called PRA and their attorney is Hunt & Henriques. My original creditor was PayPal Credit/Synchrony. My total debt as stated on the summons is $3,364.95. My account was opened back in 2016 and I stopped paying sometime in 2018. I’ve got 30 days to answer but how do I answer? The summons paper says I can find the form online but what form is it? And should I also file an arbitration now? If so, how Do I get a hold of my agreement contract to see if I do JAMS or AAA? I’ve done a ton of reading on here on cases that’s bee
  2. Help! I am being sued for credit card debt by a 3rd party debt collector. In my summons response, I denied the allegations on the grounds that the plaintiff hasn't proven ownership of such debt. This forum has been incredibly helpful for me when filling out the request for admissions and request for production but I am at loss on how to answer these specific interrogatories. Thank you so much, any feedback will be tremendously appreciated!! Special Interrogatory No. 1: State all facts upon which you base your contentions that you owe nothing on the account .... if you make
  3. Hello all, I have a dire situation that I have created through my gambling addiction. I have gotten help with my addiction and am clean for 85 days now. I have stopped most of my payments since November of 2016 and have therefore been able to negotiate these terms in the past 2 weeks, please review and any feedback on the negotiated rates or amounts is appreciated. Here is a summary of my debt: Creditor Name Current Balance Monthly Payment Notes Disover Card $2,333.33 $42.00 - Negotiated
  4. I just got served on 8/26/20 by a debt collection company called PRA and their attorney is Hunt & Henriques. My original creditor was PayPal Credit/Synchrony. My total debt as stated on the summons is $3,364.95. My account was opened back in 2016 and I stopped paying sometime in 2018. I’ve got 30 days to answer but how do I answer? The summons paper says I can find the form online but what form is it? And should I also file an arbitration now? If so, how Do I get a hold of my agreement contract to see if I do JAMS or AAA? I’ve done a ton of reading on here on cases that’s bee
  5. I just got served by a debt collection company called PRA and their attorney is Hunt & Henriques. My original creditor was PayPal Credit/Synchrony. My total debt as stated on the summons is $3,364.95. My account was opened back in 2016 and I stopped paying sometime in 2018. I’ve got 30 days to answer but how do I answer? The summons paper says I can find the form online but what form is it? And should I also file an arbitration now? If so, how Do I get a hold of my agreement contract to see if I do JAMS or AAA? I’ve done a ton of reading on here on cases that’s been dismissed
  6. Hi Everybody, I am being sued by Cavalry SPV I, LLC for a Citibank credit card account I defaulted on while I was having a very rough few years (depression, divorce, joblessness, underemployment, homelessness, loss of family member, etc.). Things have turned around since - credit score recovering and thankfully, never had to file bankruptcy. I believe in paying back my debts but Citibank got too greedy and lost me. Had their terms not have kept changing, they'd probably still be reaping the minimum payments off me (that is, of course their whole purpose as an institution?). I ha
  7. Hello all, I’m just another poor soul (literally) who got caught in the claws of the Portfolio Recovery junk debt buyers. Now I filed my general denial with the court and now I need to send my POS-030. There is a section for me to write down the plaintiffs name and address but my court documents only show the address of the lawyers and law office representing the plaintiff. Is this where I should mail my documents or should I research portfolios address instead? I’m going to have my dad send this out for me since It appears I can’t do it myself. Thank you for your help!
  8. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Girvin & Ferlazzo, P.C. 3. How much are you being sued for? $4,683.48 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Served impersonally 11/24/18 6. How were you served? (Mail, In person, Notice on door) Notice on door 11/24/18 7. Was the service legal as required by your state? Not
  9. Not sure where to post this. I received a letter from Rubin and Rothman New York ( I live in New York City/Queens) about a old Bank of American credit card debt. It reads that the "creditor has a claim against you in the above amount" (10,600). Bank of AMerican is stated as Current creditor and as an Original creditor. The letter says that "unless you dispute the validity of the debt, or portion thereof, within thirty days, we will assume the debt to be valid. If you notify us in writing withing 30 days ...we will obtain verification of a debt and or a copy of a judgment against you and mail
  10. OK. So I am the defendant in a debt collection lawsuit. I sent my verified interrogatories, affirmations and demand for documents along with proof of service. The empty envelope was returned to the "proof of service" person with a stamp claiming the envelope arrived empty. The empty envelope was obviously opened, because they taped it closed. I am 100% positive the envelope contained all docs and I was with my "proof of service" person when she mailed them at the post office. What do I do about this? I am dealing with Portfolio Recovery Associates LLC. Thanks for all help! Calico
  11. Hello, I was served papers by Capital One Bank a few months back. I filled out a form for the plaintiff to prove their allegations against me and turned it into the court here in my town, as well as sent a certified copy to Capital One Bank. I now received a Notice of Bench Trial paper in the mail from the Civil Clerk of the Court. Can anyone tell me what to expect? I know that if I do not show up I could get a default judgement against me. This is all new to me & I'm trying to self-navigate. Is it likely for a representative of Capital One Bank or their lawyer show up? Is it al
  12. Hi All, I just stumbled on a site, blowsparks, that claims to help people defend these collections cases on their own. It looks like they took a lot of advice from this page and the Sacramento Law Library and turned it into cartoons for people to watch. Does anyone have any experience with them? Thoughts? -Chuck
  13. Hello All, I'm an attorney in California and am looking for a little insight from you all. I am helping my uncle deal with a collections lawsuit and have a very specific question. We have filed an answer and served a bill of particulars on the plaintiff. Is it wise to send a follow-up letter asking inquiring about a settlement? If so, when? Anything that must be included/excluded from the letter? All advice is greatly appreciated. @calawyer @sadinca Regards, Sevanski
  14. I am being sued by Midland Funding Group in Orange County, CA. I need to file a response within 30 days. I've read posts that has been very helpful, but I'm a little confused as to how to go about filing a response. The complaint was unverified and I want to go about using the General Denial form. If I use this, do I still have to go through the complaint paragraph by paragraph admitting or denying each allegation? Or is the General Denial form good enough? Once I file, how do I send this off? or if I can't send it off, who do I have send this off for me? Can it be my wife (having the sam
  15. Hi guys, I hope somebody can answer my question. Few days ago I received a letter from a Non-profit 501©3 company claiming that a lawsuit was filed against me; they listed he case number. Indeed, after I checked the case number, a lawsuit by the Winn Law Group against me has been filed with the LA Superior court. Total amount ~ $7,100 So first question: how do they know that? Anyhow, when I checked the online "Case Summary" I found this: Case Summary Case Number: XXYYNN CAVALRY SPV
  16. Hello, I was served a Complaint by Patenaude & Felix (in January) suing me for an account on a credit card debt with Capital One and I have already answered with a general denial. I was already skeptical about Patenaude & Felix's validity, but now my hunch has gotten even greater. I just got a letter in the mail from Capital One stating , "Thank you for contacting us.. (which I have not contacted them) ...and "Your credit card account was acquired by Portfolio Recovery Associates, LLC ." "Portfolio Recovery Associates, LLC now owns your account and may contact you either directly
  17. A company called Credence Resource Management is calling me several times per day regarding debt they say I owe. Each time they call, I ask them for specifics about the debt and they will not give me those specifics. They even started calling my ex-wife and asking her to pay. I do not know how to stop them. It seems like this is happening to others on this site: http://badfinance.org/profile/1790/credence-resource-management-llc
  18. 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 wha
  19. In 2008, I was in the market for some furniture and wanted to build up my credit. I decided to go to Rooms-to-Go. After picking out a set I liked, I sat down with the salesman to negotiate the terms of the loan. I explained that my current budget wouldn't allow me to go over $80.00 per month and he said he understood. I signed my name and the furniture was promptly delivered to my home. A few weeks later, I received my first bill. It was about three times as much as I could reasonably afford. I immediately called Rooms-to-Go and requested to speak to a manager. I explained the situation, what
  20. I just uncovered a letter sent from an old debt collector that is nearly a year old, back in 2015 around September. This is just after I paid a massive medical debt that completely wiped me out with another company, and I had to take out a personal loan to do it. One of the debts listed on this year old notice is a debt from 2011, and is nearing the statue of limitations in about 6-7 months. Do I want to pay back the debt? Yes, I want to pay them and not get sued. However, based on the age of the debt, I'm worried that as soon as I contact them, they
  21. I have received several letters from different attorney's stating that Portfolio Recovery Associates has filed in civil court against me. I have not been served yet, but I think the process server tried to do so earlier. I work from home so I do not answer the door when it is someone I do not know especially when I am home alone. They are suing me for a care credit account that was assigned to them for collections in Jan of 2014 for $928. I looked at my credit report and last date of payment to care credit was 5/2013. Can you please tell me how I need to proceed? I live in Harris Coun
  22. Hi, I'm desperately in need of some help. I received a civil complaint from Portfolio Recovery Associates saying that they are suing me for a debt i owe from a credit card. First of all, I don't remember receiving anything from them regarding my account or them saying that they are even valid and that I should pay them. From looking online, I see that they aren't exactly the most professional business, so I was wondering if I might be able to get some advice on what I should do and how to deal with them. I am definitely going to dispute the debt and ask for them to show me the evidence t
  23. I was served this (Sheriff left the packet by the door and then mailed me one page Summons). The plaintiff is a debt buyer and the attorney is just the owner of one of the owners of the JDB. I would really appreciate it if I can get help regarding answering this Lawsuit. I need to answer it first and then later address the affirmative defenses and possible counterclaims. I don't have anything on account. Not sure even if there are the same last digits of the account that they mentioned so I am not sure of the SOL. Please find below what I received and help me draft an answer. I did have a
  24. Help! I just received notice yesterday that I have a scheduled court date of August 3, 2015 against Midland Funding LLC. Can anyone help me figure out what legal papers I need to try and fight this? I have a week to prepare - any and all help and or advice would be greatly appreciated. I did contact a lawyer that suggested I file a Chapter 13 to rid myself of them. But I don't have that kind of money. Please help me battle these scumbags!