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Found 2 results

  1. 1. Who is the named plaintiff in the suit? Current Owner: LVNV Funding LLC Previous Creditor: Webbank 2. What is the name of the law firm handling the suit? Guglielmo & Associates 3. How much are you being sued for? 3500 4. Who is the original creditor? (if not the Plaintiff) Avant 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) family member was served 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? N/A 9. What state and county do you live in? Maricopa County, AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) in 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? 06/2016 12. What is the SOL on the debt? To find out: 7 years 13. What is the status of your case? Suit served? Motions filed? Court Date of Nov 2019. Motions to compel arbitration has been initiated 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Unfortunately, no. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just a loan agreement and promissory note and a letter that states that Avant sold my loan to Sherman Originators III LLC c/o Resurgent Capital Services LP Hey Guys ! I would really love your help. I have been doing some research on this site for some time but all of this is becoming too much and I'm just hoping for some guidance. I have already initiated an arbitration to compel but the Plaintiff response is that I can not compel arbitration because the loan agreement and promissory note is with the original collector. They are requesting for the judge to deny my motion to compel arbitration and stay the matter for 30 days to allow defendant to initiate arbitration. Also, the sent me a letter telling me that arbitration will be too costly and they are willing to settle for around $800. They have also requested for a telephonic appearance for the pretrial... idk if I should comply with this request or fight for a physical appearance. I received the Motion to stay the matter on 09/19 and the telephonic appearance on 09/11 (which I really do not know how to object to). I need to respond ASAP! I would really appreciate some help. Especially from those in AZ ! I would especially love the assistance of @shellieh98 or anyone who has dealt with LVNV and/or Guglielmo . Thanks !
  2. 1. Who is the named plaintiff in the suit? PCA Acquisitions V, LLC 2. What is the name of the law firm handling the suit? Machol & Johannes 3. How much are you being sued for? 4,500.00 4. Who is the original creditor? GE Capital, amazon card 5. How do you know you are being sued? Served 6. How were you served? They handed papers to my husband when he answered the door. 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? Washington state Clark county 10. When is the last time you paid on this account? last payment made was 1/22/14 as per my credit report, But looking at the summary on my payment history it is 10/2013 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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 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? No 15. How long do you have to respond to the suit? by tomorrow 16. What evidence did they send with the summons? An affidavit and bill of sale I messed up early in the case, I was served with papers that seemed like a scare tactic because they had no court case or date. I reponded to both the courthouse and the plaintiff with: My affirmative defenses were as follows: Defendant denies the allegations contained in Paragraph 1 of the complaint as defendant is without information or knowledge sufficient to format an opinion as to the truth or accuracy of alleged assignments or entitlements. Defendant denies the allegations in paragraph 2 as there is not, nor has there ever been any agreement, written, oral or implied with the plaintiff and defendant. Defendant lacks knowledge of the truth and thereof denies allegations contained in paragraph 2, plaintiff has failed to provide defendant with any kind of account numbers or documentation for alleged debt. I have not entered into contract with the plaintiff I dispute the amount to be owed The amount demanded is excessive The defendant states that other defenses and counter claims may exist and will be added as they become known. Wherefore, the defendant prays that the court take nothing of the plaintiff's complaint by virtue and dismiss the complaint. I was mailed documents requesting motion for default and judgement last week that give both a court date (July 17th and a case number) along with an affidavit, bill of sale, copy of service papers and my affirmative defenses. My question is, have I messed it up and have no recourse of action? or can I motion to dismiss because the proof they provided was hearsay?