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Found 16 results

  1. 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 Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served a Summons & Complaint April 2019 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes, I think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I previously wrote them sometime in 2016 with an offer-in-compromise of 10% of outstanding balance, and again with the same offer after receiving Summons in April 2019. I have never received a response. They called recently, and left a call-back message, but I have not returned the call. I have since learned that I don't know if they are legitimately entitled to anything due to various Affirmative Defense reasons. 9. What state and county do you live in? El Paso County, Colorado 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Last Pay Date - Oct 2015 11. What is the SOL on the debt? To find out: 6 years 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). Summons/Complaint for Money Due - Dated 3/19/2019 Served Summons/Complaint - April 2019? Not sure exactly. Complaint Answer Due - 5/7/2019 (but I'll be out of state and so must file by EOB 5/2/2019) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Debt was "Charged off as bad debt. Profit and loss write-off” by Discover in April 2016 (per my credit report). 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 must respond to Complaint by 5/7/2019. Complaint: “1. Venue is proper as Defendant resides ... 2. The amounts the Plaintiff claims from the Defendant are $xxxx which represent the liquidated balance of the Defendant’s credit car account owed by Plaintiff, less credits of $xx, plus court costs. 3. The Plaintiff’s claim arises from the Defendant’s failure to pay the liquidated balance due on credit card account xxx as required by cardholder agreement. The Plaintiff claims the right to recover from the Defendant under one or more of the following legal theories: Breach of Contract, Liquidated Debt arising out of a Contract under C.R.S 5-3-304, or Unjust Enrichment. 4. The Plaintiff request interest on any judgment entered on the Plaintiff’s claims in this case to accrue at the rate of 8% per annum compounded annually fro the date of the judgment, pursuant to C.R.S. 5-12-102. 5. The Defendant is not a minor ... 6. The Plaintiff does not demand a trial by jury.” 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: a copy of the Complaint; the last credit card statement before the account was closed; a stock fine-print copy of the Cardmember Agreement (no signatures); an ANSWER form; their contact information & payment information. I've since learned I need to file an Answer by 5/7/2019, with admit, deny, or lack of knowledge for each of their numbered allegations (but I'll be out of state and so must file by EOB 5/2/2019). Here's my draft response: I. ANSWER In answer to paragraph 1, Defendant admits he resides at the stated address, but lacks knowledge to admit or deny the allegation of whether this is the proper venue, and therefore Defendant denies the allegations. In answer to paragraph 2, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 3, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 4, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 5, Defendant admits the allegations. In answer to paragraph 6, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. II. AFFIRMATIVE DEFENSES Plaintiff has failed to state a claim upon which relief may be granted. Plaintiff’s claim demands monies for an alleged debt for which no proof of said debt, nor proof of ownership of said debt, has been verified and exhibited. Plaintiff has failed to trace in his statement of claim the derivation of his cause of action from his assignor so that the defendant may challenge the plaintiff’s claim that he is the present owner of the cause of action. Plaintiff has knowingly filed the claim without presenting any applicable original signed contract. Insufficient Specificity. Plaintiff has failed to provide the dates on which individual transactions were made, the amounts therefore and the items purchased to be able to answer intelligently and determine what items Defendant can admit and what items he can contest. Failure of Consideration. No exchange of money or goods occurred between the Plaintiff and the Defendant, therefore, defendant cites Failure of Consideration. Repudiation. Plaintiff is not named in any alleged signed agreement that is purported to have been entered into between Defendant and Plaintiff. Lack of Privity. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff. Plaintiff's complaint violates the Statute of Frauds. There is no contract or agreement in writing and signed by Defendant or by some other person authorized by Defendant and who was to answer for a debt. Scienti et volenti non fit injuria. Plaintiff claims to have purchased the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages. Laches. Plaintiff waited too long to file this lawsuit, making if difficult or impossible for Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed. My questions: 1. What am I missing? 2. What have I added that doesn't apply? 3. M&J is listed as attorney's for the plaintiff. How is that different from a debt collector who bought the debt? 3. What if anything should I say regarding a jury trial? 4. The Cardmember Agreement provides for arbitration. What if anything should I say about that? 5. Other thoughts/advice?
  2. 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 is all they need in court to win the case). In August 2018, I received a msj, which states that relief is demanded due to no genuine issue of material fact. It goes on to state that if a summary judgement is not granted in the Plaintiff's favor that the court, by examining the pleadings and evidence before it, and by interrogating counsel, ascertain what materials facts are actually in good faith controverted and there upon make an order specifying that facts that appear without substantial controversy and direct such further proceedings in the actions are just. The next page states that facts, basically states I made no objections to the charges and balances on my Synchrony bank statements, which is true. It then states that my account was sold to PFA and I now owe them.. The evidence they relying upon is my admittance, declaration of custodian records, monthly statement of account, and bills of sale. Next page goes on to state a breach of contract next page cites that while Washington courts have previously required more than monthly statements to establish credit card acceptance, that my case in paticular does not meet this standard and they cite the Stratman case to establish precedence. They also list another case Sunnyside Valley, where due to not disputing the debt for over 3 years that they now can legally acquiesced to the accuracy of the debt of the stated balance and I'm now barred from now arguing that the balance is somehow invalid. Next page is Attorney fees Next page after is the Declaration of Custodian of Records from a PFA employee. Next page is Exhibit A-which shows my last statement of last date of payment, after that is the statement a few months later with late fees, etc which balooned the payment up by almost 600 dollars. Next page is Exhibit B-Bill of Sale but my name and account number is not listed anywhere at all on this document. Next document is just document for the judge to sign to award the plaintiff, (I'm guessing this is for the 98 percent of people who don't show up) So this is my question; it looks like they have a very winnable case. I'm filing my response in the next few days. I will most likely settle, but I don't want to just ignore and they automatically get a default judgement, most important thing to me is not having my wages garnished and not have a judgement on my credit report. I considered calling them to settle, but I don't trust them. I feel like we will make an agreement on a settle amount, which will lull me into a false sense of security, which means I don't respond to the MSJ and they decide to get the default judgement anyway. so a couple of questions, first of all, what paperwork do I need to file when responding to the MSJ? and even though PFA seems to have done everything by the book in my case I'm considering a counter suit, I just have to find one or 2 violations, if I'm able to find those,what are the steps for a counter suit? I've already reached out to a local lawyer and they said it isn't worth hiring a lawyer over as the lawyers fees would be as much as the debt. Please get back to me as soon as possible, will be filing the msj response in just a couple of days..thanks One last thing per SOL if following the 4 year rule, do they go by the transaction date, for example lets say transaction date was August 13th,2014 but posted date for payment was August 20th,2014,which date does SOL fall under? In addition does the sol the last payment date to when the Plaintiff filed the notice of appearance which in my case was October 2016, or does it go by when they filed the MSJ which was this month or does it go by the court date which is in a couple of months?
  3. 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 contract with them. Anyway, we sat back down in court and the judge asked me if I had received any papers at all directly in the mail. I said no — none. He then said, I was supposed to be properly served these papers because you need to know what’s in them. I said “Ok how do I get them” then he said to the attorney to send a copy of the documents for me to see. Then he followed up with saying he will reschedule this hearing to a new date in January 2018 so I can look it over. I went onto onto the court website and noticed they had filed a declaration in Liu statatement CCP 98 in October of 2017 of which I didn’t get a copy because they sent to an address that I haven’t lived in since 2013. I tried filing a motion to strike ccp98 but the window was closed for me to do so (according to the clerk) i now have two options from my research. I can do a motion of limine or I can do an ex party to ask the judge to let him know about my motion within the time frame I have before my next hearing in January 2018 and why I didn’t respond to their October 2017 filing. Which is more effective at this point considering the circumstances? I will also subpoena their “witness” to come to court but need to know which of the two options helps the most. Any legal masterminds out there that can help? 😊
  4. 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 garnished as soon as I do find employment that I'm able to maintain. I WANT to pay my debts, but I am unable. I am in a bad way right now and this is just making it feel hopeless. Any advice would be much appreciated. I've got other debts too, but of course evil corporate satan that is Walmart can't just let me be until I get on my feet. 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.) Law Office of Stephen P Lamb 3. How much are you being sued for? 907.73 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Walmart credit card company...) 5. How do you know you are being sued? (You were served, right?) I was served by a little punk in a 'daddy bought me' truck 6. How were you served? (Mail, In person, Notice on door) At my front door by a dipshit 7. Was the service legal as required by your state? I don't know what that means for my state honestly. I signed nothing, and the paper that he was supposed to fill out is still blank... 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? I've had no contact with the debt collector. I don't answer my phone. 9. What state and county do you live in? Craighead County, Arkansas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Payment of 50 on 9/12/15 11. What is the SOL on the debt? I don't know what that means. 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 don't know. I'm reaching out as my first line of defense. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) As of yet no. I mean I do understand I owe synchrony bank, not the debt collector. I never had a relationship with that company. I had one with the walmart credit card company. 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. I don't even know what that means 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 see no interrogatory paper. I have thirty days to respond. I'm said to owe the previously stated amount to Midland Funding LLC. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They have the statements attached to the back of the packet.
  5. 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 afford going back to Ohio. A bunch of letters also came in the mail, apparently, requesting to give me legal aid, but I can't even afford an attorney. Are there any other solutions? I definitely want to file an answer, but I would rather have the case held in Washington. Even then, I'm moving to California in March. Here are some answers to the general questions: The suit is filed in a Cuyahoga County Common Pleas court. 1. Who is the named plaintiff in the suit? Cavalry SPV I. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Will get back to you. Don't have physical copy of the form. 3. How much are you being sued for? Roughly 3k. 4. Who is the original creditor? (if not the Plaintiff) Citibank. 5. How do you know you are being sued? (You were served, right?) Was told by a relative that they got a letter from Fedex. 6. How were you served? (Mail, In person, Notice on door) Fedex. 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? None 9. What state and county do you live in? I live in King County, Washington now, but I am being sued in Cuyahoga County, Ohio. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I think 2012. Perfectly within the 6 year SOL. 11. What is the SOL on the debt? 6 years. 12. What is the status of your case? Suit served? Motions filed? It just says Active for the status and newly filed for its disposition. I can call if needed. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not at all. 14. Did you request debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? (This should be in your paperwork). 20 days. 16. What evidence did they send with the summons? Nothing as far as I know.
  6. 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 from my side. But they keep calling me everyday and I don't answer their phone. Three days ago I met with local lawyer in here and they said we'll do this case on your behalf and we'll not charge you any money but let's sue this debt collector so we can get our fees from them. I told them I don't care whether you sue them or not, I only care about this case. So from yesterday my lawyers call me and they said they sued that debt collector on your behalf...
  7. 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 through my answer to the court. Currently, I'm looking for a lawyer to get some more advice as I'm not too knowledgeable about how all of this works, but even if I can't get one to represent me, I'm going to fight it. For their exhibit (evidence), all they sent me was a statement from my credit card (the statement is from citibank, not even them) from August 2014, and a bill of sale/assignment from citibank dated march of 2015. I can't say for sure if I saw the first statement, but I've definitely never seen the Bill of sale and assignment. Thank you in advance for your insight.
  8. Hello everyone, Can someone please advise me on what I should do. Thanks Rob scan.pdf
  9. 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 AMEX stipulation, not Gatestone. Of course, when I told her that didn't sound right to me, she got angry and accused me of wasting her time. -Is it common to require a payment before I submit a settlement offer? Does that sound right to you guys? -Should I try to send my settlement offer directly to AMEX? I'm concerned about AMEX not even receiving my offer or having a chance to counter offer.
  10. ​ 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
  11. 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
  12. 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?) - Summon was not served, filed motion to set aside default for no servicee 6. How were you served? (Mail, In person, Notice on door) - no service 7. Was the service legal as required by your state? - no 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - None 9. What state and county do you live in? - California, los angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - According to their claim, in 2006 11. What is the SOL on the debt? - 4 years in California 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) - Complaint filed: 01/2007; Summons & Complaint served: no - General denial (PlD-050 form) Answer filed: 05/29/13 - Plaintiff's RFA, Special Interrogatories, and RFP served :no - Defendants Answers to RFA, Special Interrogatories, and RFP served:no - Defendant's RFA, Special Interrogatories, and RFP served:no - Plaintiff's Answers to RFA, Special Interrogatories, and RFP served :no - MSC scheduled for : never had one - Trial scheduled for 09/11/14 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. - Already responded 16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. - Breach of Contract, Common Counts on an open book account for money duebecause an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.For money paid,laid out,and expended to or for defendant at defendants special instance and request.Plaintiff entitled to attorney fees according to proof, in terms of contract and the automobile sales finance act 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. - No. The complaint is not verified. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? -no. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. When they filed for default judgement in 2007 this is what they included in summons:Order granting copies in lieu of originalsRequest for dismissalRequest for entry of defaultWaiver of interest & attorney fees declarationAffidavit in support of request for entry of default judgement* stated in affidavit they are unable to obtain the originals, there not lost just misplaced* for evidence code sect. 1553Copy of a copy of a retail sales contractNotice of plan to sellAuction detailExplanation of deficiencyRepo invoiceOrder to show cause hearingWhen I found out in 2013 Filed -MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT : MOTION IS GRANTED Filed- NOTICE OF MOTION TO DISMISS WITH PREJUDICE Order - MOTION IS DENIED./ TRIAL SET 7/2014 Filed - APPLICATION FOR EX PARTE ORDER RE: FOR CONTINUANCE ON TRIAL HEARING *They never gave notice* APPLICATION GRANTED/ trial hearing continued to 9/2014 08/07/2014 NOTICE OF TRIAL FILED. 08/07/2014 NOTICE IN LIEU OF SUBPOENA TO APPEAR AT TRIAL FILED. 08/07/2014 PLAINTIFF'S TRIAL BRIEF FILED. 08/07/2014 DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL CC. 98 FILED. 08/07/2014 PROOF OF SERVICE RE: NOTICE OF TRIAL, NOTICE IN LIEU OF SUBPOENA FILED. In there trial brief they have added a different witness for declaration. They say that they appoint electronic document processing legal services to to accept service of process in this matter on their behalf. That dos not seem right to me. All help appreciated. Thank you kindly.
  13. 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 regarding how to file a legal answer and this letter the lawyer asked her to write doesn't seem like it would be enough? Also if she files this letter along with the paperwork for her legal answer does she still need to present in court? It would be the same day as when she goes to file her answer. Any advice on what age should say in her letter asking the plaintiff not to take default judgement?
  14. 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 articles. I've been working up a sheet here And a request for production here 1. CACH LLC is the Plantiff 2. Law Offices of Edward Overcash LLC in Greenville SC is the attorney for Plaintiff. 3. They are suing for $$5386.38 4. Original Credito was MBNA, then BOA bought them, the affidavit said FIA credit services was/is records holder. 5 & 6.They just dropped packet off on porch, never spoke to anyone. I called clerk of court and they confirmed case number. 7. A lawyer told me this was ok if a Sheriff or officer of the court did this. 8. No correspondence before or after being served. 9. South Carolina , Horry 10. Based on the Statments they gave me 09/11, but i had already fallen behind by 2-3 months of payments in 11/10. 11. 3 years in my state is SOL 12. Status is Pending 13. Haven't disputed debt 14. N/A 15. I have 30 days from the 19th of March 16. An Affidavit, 10 months of statements, and a verified statement of account form. Here is what came. ( I copied the forms from another person being sued on this site and everything was identical except Defendant name monies owed and 1st affidavit signee) Summons and Complaint Plaintiff, JDB, complaining of the Defendant, alleges that: 1. Plaintiff is a limited liability company. 2. Upon information and belief, Defendant XXXXXX is a resident of the above-captioned County and is subject to the jurisdiction of this Court. 3. Credit was extended to Defendant on a revolving line of credit on an open account by Bank of America Corporation, one of its subsidiaries, or a bank to which it is the successor in interest. (the Issuer) 4. Defendant used the account and/or authorized the use of the account to obtain cash advances and/or make purchases and or transfer balances from other accounts. 5. Defendant was provided with statements by the Issuer without protest and did not object to them or indicate that they were erroneous in any respect. 6. Defendant defaulted on the obligation to make the required payments on the account, making a last payment on or about xx/xx/2011. 7. Plaintiff subsequently purchased the account for valuable consideration and the account was assigned to Plaintiff. 8. After assessing all due charges and credits, there is now due and owing on this account the sum of $0,000.00 as shown by the Verified Statement of Account attached hereto and incorporated herein by reference. 9. Although demand has been made, Defendant has failed to pay the amount due and the notice to cure required by S.C. Code §37-5-110 and §37-5-111 has either been given or is not required. WHEREFORE, Plaintiff prays for judgment against Defendant in the amount of $0,000.00 actual damages, the costs of this action, and for such other and further relief as this Court deems just, proper and appropriate. AFFIDAVIT #1 STATE OF COLORADO) VERIFIED STATEMENT OF ACCOUNT COUNTY OF DENVER ) I, Signe Espinoza being duly sworn, states: That I am an authorized agent of JDB (hereafter "Plaintiff'), which is doing business at 4340 S. Monaco, Second Floor, Denver, CO 80237, that I am authorized to make the statements and representations herein, and that I am competent to testify to the matters stated herein. Said statements are based upon my personal review and knowledge of the records of Plaintiff, which contain information provided by Bank of America Corporation d/b/a Bank of America; or its subsidiary, Bank of America, N.A.; or its subsidiary, FIA Card Services, N.A., d/b/a FlA Card Services (aka and successor in interest to MBNA America Bank, N.A., a/k/a MBNA America, N.A., a/k/a MBNA America, a/k/a MBNA Bank, N.A., a/k/a MBNA Bank, a/k/a Maryland National Bank, N.A., a/k/a MBNA), which is successor in interest to Fleet Bank (RI), N.A., aka Fleet Bank, N.A., and Bank of America Card Services; or one or more of its other subsidiaries or affiliates; or its assignee. These records include the debtor's name, social security number, account balance, the identity of the original creditor and the account number. These records are kept in the course of a regularly conducted business activity and are made either by a person having personal knowledge of the information contained therein or based on information conveyed by a person having personal knowledge of the information contained therein, and I know from my experience in reviewing such records and from common knowledge of how these accounts work that those records are made and maintained by individuals who have a business duty to make entries in the records accurately at or near the time of the event that they record. These records consist of both hard copy information and electronic information that is generated, stored and maintained in accordance with generally accepted standards in the retail and financial industries by individuals who possess the knowledge and training necessary to ensure the accuracy and reliability of the records. The business records maintained on account ************, also known as ************ (the Account), including computer records, which are a compilation of the information provided upon acquisition and information obtained since acquisition, show the Account is the result of the extension of credit to MY NAME by Bank of America Corporation, one of its subsidiaries, or a bank to which it is the successor in interest (the Original Creditor) which originated on or about xx/xx/xxxx. These business records indicate the Original Creditor or a previous assignee last received payment on this Account on or about xx/xx/xxxx, the Account was charged off on or about xx/xx/xxxx, that for good and valuable consideration, Plaintiff purchased and was assigned the Account from the Original Creditor, its successor in interest, or its assignee, and that the Plaintiff is the current creditor of the Account. All credits and payments have been properly applied and the balance as set forth herein is currently due and owing. Based upon the business records and information previously referenced, Plaintiff is the current owner of this Account and the amount now due to Plaintiff on this Account from MY NAME, over and above all set-offs, counterclaims, payments and credits is XXXXXXXXXX. Signed and Notarized xx/xx/2013 AFFIDAVIT #2 AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA ) CITY OF GREENSBORO ) FIA Card Services, N,A. Accountholder: MY NAME The undersigned. Teresa Haith, being duly sworn. states and deposes as follows: l. That Affiant is employed by FIA Card Services, N.A. in the position of Bank Officer, has personal knowledge of the manner and method by which FIA Card Services, N.A maintains its normal business book and records, and is duly authorized to make this affidavit. 2. That the contents of this affidavit are believed to be true and correct based on the computerized and hard copy books and records of FIA Card Services, N.A" maintained in the ordinary course of business. with the entries in them having been made at or near the time of the transaction recorded. 3, That FIA Card Services. N.A. is a wholly owned subsidiary of Bank of America Corporation and is successor in interest to MBNA America Bank NA. Fleet Bank (RI), and Bank of America, National Association (USA). 4. That the account records of FIA Card Services, N.A. show that: a. Account number XXXXXXXXXX, formerly account number XXXXXXXXX was opened on xx/xx/xxxx by My NAME. b. Pursuant to the terms of the card member agreement with FIA Card Services. N.A , there was due and payable $0,000.00 as of the charge off date of xx/xx/xxxx. c. Said agreement and account was., on xx/xx/xxxx, sold, transferred and set over unto JDB. with full authority to do and perform all acts necessary for collection. settlement, adjustment, compromise or satisfaction of the said claim, and as of that date, there was due and payable on this account the sum of $0,000.00, with all just and lawful offsets, payments, and credits having been allowed. d. There were no uncredited, payments, just counterclaims or offsets against said debt when sold. 1. That as a result of the sale of said account, JDB and or its authorized Agent, has complete authority to settle, adjust, compromise and satisfy same, and that FIA Card Services, N.A. has no further interest in the account for any purpose. 2. That the original contract in this matter may not be available or no longer accessible to Affiant. Signed and Notarized on xx/xx/2014
  15. 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) CHASE 5. How do you know you are being sued? (You were served, right?) Served with summons 6. How were you served? (Mail, In person, Notice on door) In person, summons left with family member. 7. Was the service legal as required by your state? Yes – far as I know 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I may have spoken to them on the phone. 9. What state and county do you live in? San Diego, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I was not outside SOL. 11. What is the SOL on the debt? To find out: 4 years in CA, or 3 years if Chase invokes Delaware law. 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). Summons was delivered, that's it. 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? 30 days. I’m ready to respond, probably tomorrow. The complaint is for ACCOUNT STATED – this is the only complaint in the papers. I did not receive an interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing.
  16. 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!