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  1. One more member joining the ranks of brave fighters against collections. Got a call from the plaintiff's attorneys. They are asking for a 45 day extension for answering my Discovery request for them to answer. I already answer their Admissions, Production, Interrogatories and Disclosure request with knowledge from several forums. Is there any suggested responses for this? What is the best course of action? Suggested law references for this? lawsuit is in Texas in Justice Peace Court. David
  2. Hey All! Seriously need help! So stressful with this situation on top of having one lung (hot weather is tough!) and a 93 year old father with dementia that I advocate for - he just got out of the hospital yesterday, after being there for two weeks for emergency surgery. I have to answer the pretrial statement by Monday. I have been reading about a motion to dismiss, but with Covid, everything is short staffed at the courts. The courts told me not to do a motion to dismiss. Is anyone familiar with FIFTH THIRD, Jefferson Capital Systems, Trak America and/or Stillman La
  3. Hello and thank you all in advance. I was in the middle of a pending case for a debt collection lawsuit against me. But, I just recently received an update to the case. I also received a letter with Proof Of Service / Request For Dismissal. Case Type: Collections Case - Seller Plaintiff (Limited Jurisdiction) Status: Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 06/10/2020 On the Complaint filed by (Bank Name) on (Date), entered Request for Dismissal without prejudice filed by (Bank Name) as to the entire action 06/10/2020 Order to Show C
  4. Hi! I have been dealing with a lawsuit from Cavalry (from a credit card) for around a year. I have been following the legal process as "Pro Se". so far so good. On the beginning of September the Judge ordered "Denied the Motion for Summary Judgment for the Plaintiff", now we are going to trial in three weeks. As we speak I am trying to get ready for my defenses. The Lawyers from the prosecution have around three months of statements for the account in which are suing me. I do not recognize or remember about this account, but they have the credit card statements as part of the exhibition
  5. (Forgive me if I haven't had enough time to search for all the right answers in the vast amount of resources this forum has to offer! I may have limited time or already be out of it! I am also seeking an attorney this week.) I am living abroad out of the US and have been possibly sued by a bank or through a debt collection agency being assigned by a bank. I have a number of questions! 1. The file date says 1/3/2020. If I have 30 days to respond, does that mean I have until 2/2/2020 or is it the date that I have been served? Because that leads me to my next question... 2. Aside f
  6. I've gotten about 2 calls from an area code that is associated with my county (they even somehow got my dad's cell phone number and called him as well, not sure how that is even possible) in the past week from some Anthony Telesco at CRS & Associates. The first message (June 2) he left me was informing me that some files were placed in his office regarding some failed bank transaction(s) and it had my name, date of birth, and social security on it or whatever, urged me or my attorney to call him back at said 844-249-2890 number and he pretty much hung up. He called again today and left a
  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. I just Filed an appearance, idk what to expect at court, can someone give me more info. Especially on how to create my defense
  9. My husband is being sued by for a target credit card issued by TD bank. TD bank is named as plaintiff. . I need advice with what to put as affirmative defenses on a general denial with the intention on settling for a lower amount. We have a week left to answer the summons.
  10. HELPPPP!!! okay, ill try to keep this short and detailed! Accident occurred 2 years ago. Insurance adjuster insists I am the 100% responsible party. I disagree. I had several conversations with the insurance adjuster and got her to "reduce the total cost by 15% for possible lack of attention and possible speed being a factor for the other driver". After I got her to admit that much, I knew I had to stick to my guns and not agree to take 100% responsibility. Fast forward to not being able to afford a lawyer (I have 3 small kids, 2 working parents, cost of living is through the roof in
  11. The pre-trial meeting for a debt collection is coming up shortly and the attorney for Cavalry SPV has provided the discovery, which includes the following: As per the suit, the Citibank account was opened in 2006 1.) EXHIBIT A: A typewritten cover page (no letterhead) with only the last four digits of the credit card account, dated 5/8/2016 and an address that I have never used for any financial account (This address also does not match the statements they provided). 2.) Exhibit B: They provided a generic credit card agreement, which is dated July 2013. Note: The account w
  12. I am in a civil debt suit vs C.1.. The representing law firm asked for a telephone conference. The court tried contacting the firm asking for a phone number twice in order to conduct a pre trial conference and received no response. I showed up and by time proceedings were to take place the court still hadn't received a response. I am wondering what my next course of action would be. Request to dismiss? Was told proceedings were to be concluded until further order. I never filed for a discovery or requests for production of documents. Does this give me time to do that or should I? Does
  13. I’m settling a debt with a Bank. The lawyers for the bank state the Bank will agree to request with the CRAs to delete my trade line in exchange for me dropping a federal suit I have against the bank. However they say they are not guaranteeing the CRAs will delete the trade line when requested. Is this BS? Under FCRA for a consumer account aren’t the CRAs required to delete the account if the Bank requests so?
  14. I was served papers last night (I wasn't the one that got served even though it's for me and is it normal to just get papers stapled together and no envelope?). What is my next step? What do I do? The papers states that i have 20 days after the service of this summon to respond to the complaint by stating my defense in writing. I don't know what to write or what i should or should not write/admit. The complaint states I breached a contract. "Defendant, an individual residing in Snohomish County Washington entered into contract with Synchrony Bank/Gap for a credit account. The credit acc
  15. In question is a debt of $12,000 from an old Citibank card, junk collector Cavalry SPV is now pursuing me. I have answered all of their requests and interrogatories and attended a pre trial conference May 2. I believe I caught them offguard as they assigned a new local lawyer that very morning. At the Pretrial I denied everything and the Cavalry Lawyer kept badgering me for my birthdate and social security, I simply stated you guys should already have this and know who I am. Long story short, the Judge asked Cavalry as to where is the signed contract? The Cavalry attorney stat
  16. I just received a letter from ADP (the payroll people). I am being garnished for a debt I have no knowledge of. Here are the facts of the case: 30-April-2018 I received a letter from ADP informing me of garnishment by Levy Law Firm, on behalf of Pioneer Services a Division of Mid-Country Bank? I googled and looked up the case on the Fairfax County General District Court website. Indeed there is a case!!!!! Not much detail except that there was a case filed on 23-June-2017 and a Default Judgment was awarded at the civil hearing on 21-August-2017. The amount is over $6,000 an
  17. So I've been doing some research into the PRA debt collection cases in my State and looking at the court records of events to possibly get some tips on how others are fighting them if they even contest it at all, which most don't. Well I really haven't found anything more helpful than what I've learned from the fine people of this site. But I did find out that last year PRA filed over 5,000 lawsuits statewide and as I'm typing this a single Attorney has over 900 open cases! I just think that's crazy! That should be illegal. Every case is filed electronically, signed electronically and in almos
  18. jpavv

    Wrong name

    Received a collection letter from collection agency. It is for medical. It is addressed to my ex's husband first name, my first name, my last name. It says Your account with Dr.xxx has been forwarded to us for collection. so, not sure if they purchased the debt. Should I send it back saying no such person lives here? Thanks
  19. Good evening, I'm so glad I found this forum and hoping I can get some insight on how to handle this legal issue. I just received a priority letter (attached) from Discover stating that if I do not contact them by April 30th, they will obtain a lawyer to collect. The $3,000 debt has incurred fees and is now sitting at $3,600. Last year prior to having no choice but to let the debt go, I had an automatic payment plan setup for $60/month which was fine for a little over a year until I had medical problems. I knew that would be out of work soon so I picked my poisons and decided to pay of
  20. Hello everyone, This is my second time around. And I need your help. You see, I'm being sued for two credit card debts. One for Citi and another for Tj Maxx. I called the law firm that is taking on both cases. But as I'm reading the reviews they will go after me even if I negotiated with them. They'll still have the courts continue with a judgment. So I'm here begging to please help me write a response. Any advice would be well appreciated. I also have the copies of the contract the law firm sent. Should I attach it to my response as prove? If you have any questions please let me know. I
  21. Hello! I'm new here and I've never been sued before. I have been reading on how to Answer a Complaint since I received a Summon yesterday. Please review the complaint and help me answer it. Thank you. 1. Plaintiff, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC ("Plaintiff") is a limited liability company qualified to do business in Ohio. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, MY NAME, (hereafter "Defendant"), residence lies within the jurisdiction of this Court. FACTS 3. Defendant opened an
  22. Hi All, So I just found out that I have a default judgment (was never served) for a debt I've already paid about 7 years ago. At this point, I'd like to quickest and easiest way to proceed as I have proof that I've already paid my debt through a collection agency (thank God). What I'd really like to do is avoid having to take off from work and going to court. With that being said should I? A. Contact the creditor in writing with the proof of my paid debt? B. Go to court to formally vacate the judgment and fight it? Thanks in advance!
  23. I was served a warrant in debt through the mail. It has no case number on it and I can't find it on the court docket. Also, it has my maiden name on it even though the OC billed me with my married name. My ex-boyfriend who purchased the timeshare with me also got served for the same amount but not on the same warrant. The property is paid off thanks to my husband but they are suing for maintenance fees and attorney fees. Is this a valid warrant? Can they collect the same amount from both of us. We have the same date and time to show up but neither has a case number. He lives in FL.
  24. I've read alot of forums today about Midland funding suing for debt they bought from a creditor. I had a past one (actually today) that I paid a lawyer to take care of well he won my case. Now Midland funding is suing for another debt I had also. I don't want to pay another lawyer. If I had all that money I would have paid off the debt myself. Now this one is suing me for less than the one I had hired a lawyer for. I already called the magistrate office to defending my case. So I know I'll have a different paper coming in the mail. My question is do I just go in that day let them