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Found 9 results

  1. Synopsis- Sued by Midland Funding. I responded in the proper amount of time with denying all the the items in the complaint. I was prepared to go to the pretrial settlement hearing. Date in my planner and in my phone. Made a huge mistake and put in on the Tuesday of the following week, so Nov. 13 instead on Nov. 6. My daughter was ill on November 6th and had to go to the doctor. Missed school for 2 days. Since we were home, I opened my huge file to last minute prepare for the pretrial settlement hearing the next week because I had done nothing to prep. My plan was to ask
  2. First off, thank you to everyone who provides info on this forum. I never would have gotten to where I am with my defense against Midland Funding. I'm being sued by Midland Funding in MN civil court. They filed a motion for summary judgment and the hearing is next week. I did not file anything during discovery and instead elected to elect arbitration with AAA (alleged contract with Citibank NA states AAA is only option). At the same time I filed a motion to dismiss/compel arbitration. Anyway, the firm representing Midland was served properly and with enough notice and the motion hear
  3. Hello, I was served papers by Capital One Bank a few months back. I filled out a form for the plaintiff to prove their allegations against me and turned it into the court here in my town, as well as sent a certified copy to Capital One Bank. I now received a Notice of Bench Trial paper in the mail from the Civil Clerk of the Court. Can anyone tell me what to expect? I know that if I do not show up I could get a default judgement against me. This is all new to me & I'm trying to self-navigate. Is it likely for a representative of Capital One Bank or their lawyer show up? Is it al
  4. I am about to argue a motion to vacate a default judgement. The original complaint was filed against me without my knowledge in late 2011. The alleged date of default is from 12/5/08. I only learned about the lawsuit in April 2016, when I was sent a Notice of Wage Garnishment. I am arguing pro se. I did already object to the wage garnishment but in addition I have filed this motion to vacate. The Plaintiff (Midland Funding) and their attorney (Pressler & Pressler) sent everything from the initial 2011 complaint to the wrong address, even though I had formally changed my addre
  5. Hello. Been reading this forum for a few days trying to see if I can find something to support me against the mess I have created. We have 4 medical default judgements. I just payed off $7, 800 lump sum one. The DC told me they have 2 other bills from hospital that was not in court yet. $847.00 and $4,000,the other 3 default judgements are with a different DC, I have paid the $847.00 , right after I sent payment I was served with summons asking for both combined. I have my answer to summons and am taking to courthouse Monday. I started investigating some things and found that t
  6. Hello, Thank you in advance for your answers. This is my first post as I have decided to research my options in dealing with a lingering default judgement. I received a Default Judgement (served properly and never answered) in California more than 3 years ago. I originally owed a large bank about 10k (credit card debt), current balance sits at about 14k with fees and interest. I need to take care of this debt. Garnishment attempts have been made (I can see filing with court) but not successful. No bank account levy as of yet but attempts made as seen on court records. (5 years). Only pro
  7. 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
  8. Hi, everyone. About a year ago, a JDB filed a Complaint against me for an alleged collection account. Despite never being served, I found out about the Complaint and filed my Answer and proof of service for it right away. The Case Summary reflects this, as well as several entries that say, "09/xx/2013 DECLARATION RE: NON-SERVICE FILED," which I'm assuming are indicators that the Plaintiff is filing paperwork to keep the case open without subjecting themselves to countersuit. Since my Answer and Proof of Service thereof have been accepted by the Court, do I need to be at all concerned reg
  9. I live in Massachusetts and I received in the mail a collections notice from a collection agency called NCO financial. They are trying to collect $2,000.00 from a default judgement obtained against me by American Express back in 2008, from a credit card. I pulled my credit report for the fist time and found that this Default is being reported by two of the of the three credit reporting agencies. I then went to the courts and obtained a copy of the judgement. I was served with notice of the hearing at an address I wasn't living at, but i'm afraid i can't prove i wasn't living there because