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Found 18 results

  1. I provided the State of Michigan court (e.g., state district court) with an answer to a complaint brought against me by Midland Credit Management LLC. The answer to the complaint also stated my affirmative defenses which were: (1) Stale Affidavit pursuant to MCL 600.2145. I am relying on this affirmative defense because the affidavits provided by the plaintiff were over 200 days old which is beyond the 10 day timeframe in the state of Michigan pursuant to MCL 600.2145. (2) Arbitration Agreement Bars Bringing Suit. I am relying on this affirmative defense because after looking over th
  2. Hello everyone, My mom who is widowed, speaks zero english, and has no income has been sued by Unifund LLC. I scrolled through other threads and was hoping to find some more help. I intend on serving Bill of Particulars by Certified Mail, RR Requested on Monday and filing a General Denial by the due date. What should I anticipate after? What are the odds of actually going to trial? My mom has a weak heart and would hate to put her through such anxiety of going to a courthouse before a judge. I am providing general info below. Thank you for all your help and any insight on past
  3. 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
  4. Hi Everyone; I'm being sued by Portfolio Recovery Associates for almost 2,000. Original credit card was opened in Texas, I now live in Washington state, SOL for Texas is 4 years and PFA is within the SOL...also In addition, they do have a very strong case. This is the timeline.. In September 2016, I received a notice of appearance from PFA. I did file my answers in October 2016, filed a copy with the court and sent the copy to the lawyer listed on the document. Due to my lack of experience, in one of my answers I do admit to owing the debt to Synchrony Bank. (My assumption is that
  5. 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
  6. Okay, my name is Jayme. I am 33 years old and I feel like a child right now with this stuff. Backstory: I fell on hard times. I was in therapy for mental illness, leaving an abusive boyfriend, and lost my ability to handle working for that time. I stopped being able to make payments to my credit card and of course have wanted to. I haven't been able to get back on my feet yet, and then this happens. Some stupid daddy bought me punk served me with these papers not an hour ago and I'm in a panic. Help please. I know nothing about this. I can't afford a lawyer, I can't afford to have wages garnis
  7. Hello! I'll try to show some brevity. I have absolutely 0 legal knowledge, so please be gentle with me. I'm doing my best to research but this all very overwhelming. I thank everyone who responds for their time, patience, and answers. I live in Washington but found out through a relative that I was being sued in Ohio. I used all my money recently on a sick parent, and currently don't have funds or the time from my job needed to return to Ohio for court. I'm considering just letting them get their judgment and then paying off the judgment little by little, because I simply can't a
  8. I'm in Seattle, WA. This debt collector from OR sued me and they said you owe 1400 dollars. They said you had Capitalone/Best buy card 5 years ago and you never pay it. They didn't send me statements or payments I made or any kind of Evidence for their claim. I filled an answer denying the whole crap except the (The defendant was issued card number xxxx54) which hapens to be true but that card was from HSBC Bank not even from Capital One so they don't even know the original provider of the credit card. Anyway Send them documents of admission and request of documents f
  9. 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
  10. Hello everyone, Can someone please advise me on what I should do. Thanks Rob scan.pdf
  11. UPDATED: 2/11/15 in Post #14 I am 5 months delinquent on an AMEX card with a balance of $15K. The account has been cancelled. While I still owe AMEX the balance, they have Gatestone (the DC) contacting me for the money. Today, I let the DC know I have a settlement offer ready ($7K, one lump sum) with a 'hardship letter' (as requested) as to why I can't pay the full amount. But when I mentioned it, the DC told me she couldn't submit the offer without me first making a payment of $260. She said this was because "my account is still accruing interest." (Duh...) And that this was an AM
  12. ​ Hello, I'm being sued by Cavalry Spv and I don't know what to do. I have already missed a court date and and did received another letter that states "request for default" The lawsuit is in Massachusetts Can someone please advise me what steps should I take next. Thanks Rob
  13. Hi I want to sue for false representation of the debt, can i do this if the debt collector changes to account numbers between them and the original creditor?? regards
  14. this is my case: 1. Who is the named plaintiff in the suit? - Toyota motor credit 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Patenaude & Felix 3. How much are you being sued for? - $1300 when the complaint was filed in 2007/ after default was a set aside they have increased to $2600 4. Who is the original creditor? (if not the Plaintiff) - ToyotaMotor Credit, but in their cause of action they say they are the assignee for consideration 5. How do you know you are being sued? (You were served, right?)
  15. Hi all, I am currently needing help for my mother who waited til the last day she has to answer a complaint made against her for a balance on an US Bank credit card. She's still within the 30 days to file her answer but only contacted a lawyer 2 days earlier and he told her to write a very short letter to the plaintiff asking that he not take default judgement against her as she is in the process of obtaining legal counsel. Since it is too late to mail it to the plaintiff the lawyer she consulted said to email it to the plaintiff as well as file it as her answer. I've read a few of the posts
  16. Just received paperwork on the 19th of march. I have 30 days to respond. Case is being tried in Magistrates Court. I am trying to work on my answer right now. I've called a few lawyers in my area , but they are to expensive (2oo/hr) I've contacted on Firm in columbia and have had one email correspondence where he asked about county and when I made last payment on debt. Haven't heard back since my response 1 day ago. My wife is the defendant and i don't know how comfortable she would be up answering questions. I've already gleaned a bunch of statements an knowledge from this site and some art
  17. So, it's been a rough few years. Last month, just as things were starting to pick up, I was served by Midland - talk about bursting my bubble. So, I'm getting ready to address this and have spent a great deal of time on this site researching this kind of suit. Time to ask for some advice, my details are as follows: 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.) Midland. 3. How much are you being sued for? ~ 5K 4. Who is the original creditor? (if not the Plaintiff) CHA
  18. I have recently been sued in TEXAS for by a debt collector for credit card debt. (Totaling about $1300) I got advice from here to send my answers within 50 days, and I did so, denying pretty much everything. I was then sent a court date to appear in August. Any help as to what I do now? I have heard many times the debt collectors will drop the case depending on my answers. How will I know if they do this? When I appear in court, will I have to have a lawyer? I can't afford one, and haven't used one thus far. Please help!