Search the Community

I'd love some help from you guys. I got a summons and complaint 7 days ago. I've literally been doing nothing but researching for the past week. Also, I applied for legal aid, but have little hope they will help. They aren't even slated to contact me until next week. I'm going to be honest with you guys. I need a hand to hold. I have no idea what I'm supposed to do and it feels like a bottomless pit. I have a couple weeks until the deadline. So here are the facts, thus far: 1. I received a summons and complaint between my screen door and main door -along with the business card of the process server- last Monday. I plan to draft a motion to dismiss for insufficiency of service of process under Title 12 of the Oklahoma Statutes § 12-2012(b)(5) and § 12-2004. I've drafted a motion for this, along with a very basic Memorandum and Points of Authority outlining and quoting the above laws (basically stating that service wasn't valid because it wasn't given to me face to face. I plan to also write an affidavit and add it. I know that I have to send a copy of this to the other side and add a section that certifies that I sent it. QUESTION 1: Do I need to file an Notice of Appearance or a statement that I am representing myself Pro Per/Se? DISCUSSION: It might seem a little petty, but I feel like it is my right to be processed competently, and if this is the current local practice, it needs to be nipped in the bud. Also, I could use the extra time to respond seeing as how I am not a legal expert and it takes time to learn this stuff. In fact, I thought about motioning "TO DISMISS PURSUANT TO RULE 12(B)(5) FOR INSUFFICIENCY OF PROCESS OR IN THE ALTERNATIVE, EXTENDED TIME TO ANSWER OR RESPOND TO COMPLAINT." But I don't know if that second ask will make me waive my right to other defenses that I might want to keep. 2. They sent an "Affidavit of Indebtedness" --the official complaint calls it an 'Affidavit of Account' and I would love to point out that distinction if its ever useful to me, but i figure its just a small error and oversight. Still, I have an English degree and we are only second to lawyers about pointing out this sort of error- So the Affidavit is actually pretty much blubber and hearsay. No surprise there. In fact, I pretty much found the exact text of this affidavit online. I'm guessing it's an auto-form document. So, I'd like to motion to strike it from evidence or at least take all the teeth out of it because of the hearsay. 3. The complaint states that (specific info redacted) "1. BUBBA GUMP CREDITOR provided credit to the defendant on account number BUNCH-A-NUMBERS. Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $3333.33. An Affidavit of Account is attached hereto and incorporated by reference." 4. The Affidavit of Indebtedness (County of Stearns, Minnesota -- where all the women are strong, all the men are good looking, and all the children are above average, no doubt) states: (SPECIFIC INFO REDACTED) “PATSY MIDLAND, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account record for Midland Credit Management, Inc. (“MCM”), servicer of this account on behalf of Plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on Plaintiff’s behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant’s BUBBA GUMP account XXXXXXXXX0000 (MCM Number 0000000) (hereinafter “the account”). I have access to and have reviewed the electronic records pertaining to the account maintained by MCM and am authorized to make this affidavit on Plaintiff’s behalf. The electronic records reviewed consist of data acquired from the seller when Plaintiff purchased the account, together with records generated by MCM in connection with servicing the account since the date the account was purchased by Plaintiff. 2. I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation, or for a person with knowledge to transmit information thereof to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. 3. MCM’s records show that Defendant(s) owed a balance of $3333.33 as of 2017-08-21. 4. On or about 2016-11-16, MIDLAND FUNDING LLC became the successor in interest to this account. 5. Based on my review of MCM’s business records, 1) Defendant(s) opened the BUBBA GUMP CREDIT account on 2013-01-11; 2) the last payment posted to the account on 2016-03-22; and 3) the account was charged off on 2016-10-23. 6. On or about 2016-10-23, the account was sold from BUBBA GUMP CREDIT to ANOTHER CREDIT SERVICE L.L.C.. The account was then sold to the following debt buyers in order of occurrence on or about: 1. 2016-11-16, MIDLAND FUNDING LLC 7. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. I certify under penalty of perjury that the foregoing statements are true and correct.” 5. This is the only paperwork I have received. And I see a dozen other things I can possibly do. For example, I am a member of a federally recognized tribe living within that tribe’s jurisdiction on property owned by said tribe, in a house owned and leased by said tribe. I even work for said tribe. Technically, I could claim that the court lacks jurisdiction. But, then, I would have to do more research on tribal law (which probably mirrors state and federal law). I would gain no advantage other than time, and possibly lose several advantages. Something else I have been toying with (but admit I don’t know if it applies) is filing to dismiss for failure to state a claim based on threadbare recital/mere conclusory allegations, based on Twombly & Iqbal. Still another thing I could do is motion for the production of documents. Or send a letter of Debt Verification. Not to mention other Affirmative Defenses like Failure to Consider etc etc etc. But I don’t want to be frivolous about this. So, QUESTION 2: Do I roll some or all of these things in a big motion and slap them with it? Or do I motion the insufficient service first, and strategically collate a few of the other issues I can raise? Mainly, I fear waiving my rights to certain defenses if I do things in the wrong order. I want to bring up the insufficient service. I want to strike the affidavit as hearsay. I want to force them to produce any documents they have (And I’d just love to send THEM interrogatory during discovery.) But, I must say, my head is spinning and I have no idea where to start. Someone, please pull me to earth and pave the way. I can do the work and research, but the direction is lacking. Thanks for all the help, guys.

I recently received a letter from an attorney's office in Princeton NJ (Schachtner Portney LLC) for a debt bought by Calvary Portfolio Services. The OC is Citibank. The attorney sent back the last credit card statements from Citibank as well as the documents proving that CPS purchased my debt as part of a bundle of junk debt. At this point, I am planning to send a letter to begin settlement negotiation. The amount of the debt is $3,000.00 and the SOL doesn't end until Sept. 2018. My initial settlement offer will be 20%, which is $600.00. Based on reading other posts, I have been checking my county's court database to see if a judgment has already been filed. Ideally, I would like to avoid this at ALL cost, as I already have a default judgment on my CR... I know, I know.... I was young and DUMB because I ignored the summons, and will NEVER allow that to happen again. I just wanted to ask if I'm headed in the right direction, as far my next step being the debt settlement negotiation? Also, what is the likelihood that this attorney will move forward with suing while I am attempting to settle with them? And worse case scenario, IF they refuse my settlement offer(s) and move forward with a suit, should arbitration be my next move? I read this forum frequently and respect all of the expertise and assistance that so many FREELY give! Its great to know that there are good individuals in this world who are willing to help! Thank you in advance!!

I recently found a few accounts in collection for medical bills... I disputed with credit bureaus first, then I sent a debt verification letter following the letter sample on this site. I just received a reply from the CA . They replied with a partial verification, they claim the money I owe is for doctors and medical services I received at the hospital ER a year and a half ago, but they did not provide me with copies of any papers that show I agreed to pay what they claim I owe,also they did not show verification that they are licensed to collect in my state and did not provide me with any license numbers and registered agent. I don't even know why I was charged for any of these services at the ER, because I provided the hospital with my medicaid information. I am not too sure what my next step should be. Do I send another letter telling them that they only send a partial verification or should I say that I should not have had any charges because I provided the hospital with medicaid documentation? Any helpful suggestions would be appreciated.

Last week, in Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC, — F. 3d — Cir. 2014), 2014 WL 3440174 (6th Cir. Mich. 2014), 2014 U.S. App. LEXIS 13498, the Sixth Circuit expanded the requirement for how a debt collector must respond to a debtor’s request for verification of a debt under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”), creating the most consumer-friendly verification standard ever. http://www.insidearm.com/daily/sixth-circuit-broadens-fdcpa-verification-requirements-for-debt-collectors/ http://www.michbar.org/e-journal/072114.cfm

Question. My son had some dental work about a year ago and we were quoted a number for the services, insurance picking up the rest. We paid upfront what we were told the cost was. A while later, we received a bill for almost double what we were originally quoted asking for the balance. Fast forward, I tried to work this out with the dentists office to no avail. They sent me a letter about a month ago stating the section of the IRS tax code regarding discharged debt, and that they were going t report it to the IRS as a 1099 MISC income. Then they said they were going to turn it over to a collection agency for non payment. I received a verification letter today from the CA. Question is, what do I do? Do I dispute the debt and tell them that I have received a letter from OC showing they said they will filie a 1099 and that the debt was discharged? Do I threaten to sue them for a non existant debt based upon the OC letter? Any advise would be appreciated. My son had just turned 18 at the time this happened and they made him sign the forms so I would really hate to get his credit ruined from this deceiving dentist. The debt discharge income is of no consequence as he is a full time student with no income. I have attached a copy of the meat of the letter. Thanks in advance dentist.pdf