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Found 36 results

  1. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) It seems to be in-house lawyers for Midland Funding 3. How much are you being sued for? $2496 4. Who is the original creditor? (if not the Plaintiff) Comenity Bank/HSN 5. How do you know you are being sued? (You were served, right?) Yes. 6. How were you served? (Mail, In person, Notice on door) In person. 7. Was the service legal as required by your state? Yes. And he was quite nice. 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 honestly didn't see anything via mail. As far as I know, it was just calls to my cell phone. 9. What state and county do you live in? Florida, Bay County (Fourteenth District) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Apparently February 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? November 2014 12. What is the SOL on the debt? To find out: 4 years. Statute of Limitations on Debts 13. 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). We had a pre-trial conference, where the judge suggested we retire to a room to mediate; however, we were at an impasse. Because of this, a trial date was established for July 24, in judge's chambers. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Once HSN stopped sending letters, I'd forgotten all about it. 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'). No. 16. 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? No, no questionnaire that I saw. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. This is what's listed (they sent me a huge packet of documents): * Original Creditor Statements * Assignment/Bill of Sale/Seller Data Sheet * Letters to Defendant Basically, several credit card statements from HSN, along with three letters from Midland Funding that I never received. They also included: * Notice of Filing Documents in Support of Entry of Final Judgment * Plaintiff's Notice of Introducing Documents at Trial and Witness List * Plaintiff's Notice and Motion for Records Custodian Witness to Appear By Telephone at Trial * Plaintiff's Motion to Continue Trial (In the Plaintiff's Motion to Continue Trial, they state that they have opened a "dispute investigation and will be mailing a request for additional information and documentation to the Defendant to support her claim" (my claim was that the balance and date of last payment was incorrect). To date, 3 days before the court date, I've received no such request) 18. How did you find out about this site? I searched for information on being sued by Midland and this seemed to be the most helpful and insightful forum. ❤️ 18. Read these two links: I did, but I'm not sure if my refusal to settle at mediation constituted a waiver of my right to arbitration.
  2. Hello all! Many thanks for everyone's advice in advance. I have never been in such a situation and would like as much guidance as possible. In 2015, I was in a car accident that caused me to deliver preterm at 7 months. I ruptured my spleen, brain hemorrhaging , along with further damage. My son had to be resuscitated at birth, kept in the NICU for a month and dealt with issues breathing and regulating body temperature. The gentleman at fault had the state minimum required insurance. Needless to stay, I got nothing back but tons of bills. I have made payment arrangements; however, couldn't afford to pay this card as I was without work. 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 Credit Management - Molly Fitzpatrick 103529 3. How much are you being sued for? $1,388.87 4. Who is the original creditor? (if not the Plaintiff) COMENITY BANK 5. How do you know you are being sued? (You were served, right?) I haven’t as of yet. 6. How were you served? (Mail, In person, Notice on door) I haven’t as of yet. Began receiving advertisements from lawyers and searched Clerk of Court website. 7. Was the service legal as required by your state? No ID or signature were required. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? To my knowledge, none. 9. What state and county do you live in? Florida – Miami-Dade County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 09/2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 08/2014 12. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 13. 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). Not 100% as I have yet to be served. On-line it states: Case Status: OPEN 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, but was unsuccessful. They provided no signed contracts or proof of debt. 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 could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? Yet to be served Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. When I look online I see they have submitted: Bill date 05/05/2017 Portfolio Level Affidavit of Sale by Original Creditor Bill of Sale with Asset Schedule Certificate of Conformity Any help is greatly appreciated. I just am really worried and would appreciate any advice on what I should do as I do. Thank you!
  3. Portfolio Recovery Associates filed a claim against me in small claims court against a Synchrony Bank/Pay Pal CC account on November of 2018. I filed an answer to their claim along with a lack of subject matter jurisdiction and requested to elect the private arbitration clause. When we got to court the attorney had no idea about the answer/motion (I kindly provided her a copy of the certified notice). The judge ruled in my favor and ordered that my motion to invoke Arbitration was granted. Per tbe Synchrony agreement, we had to use AAA. I filled out the forms, paid the $200 and got the ball rolling. They sent the PRA lawyers 3 requests for the payment for the case to proceed (which exceeds what I owe). The last date was 2/14. I got a notice today that says that they (AAA) are not moving forward with the case because PRA lawyers haven’t paid. My question is, what do I do now? Take a copy of all of the AAA paperwork and file it with the court to cover my a$$?
  4. Hello, My husband was served yesterday with papers from Midland Credit alleging a debt of about $1200 (with late fees, original debt around $960) and the papers require appearance for a Pre-Trial conference later this month. I have spent all day yesterday and then again today before coming here with my questions. It appears as if the best strategy would be to file a MTC. However, I am very confused about timing. My paperwork does not indicate a response is necessary, just an appearance at the pre-trial conference. So I am not sure if I should bother filing a written response as well as an MTC. Also, I am not sure how to file an MTC in Florida. I looked up the court rules in my County, and honestly, it was not very helpful. I am willing to settle this debt for $300. Should I make the offer to the attorney on file, first via phone and then in writing? Should I indicate my intention of using arbitration? Can anyone please guide me? I am reading all of this information, but to a newcomer who has never gone through this it is all very overwhelming. I am having trouble looking up case law in Florida and I am having trouble understanding the process. I am reading and searching, but maybe I am not searching for the right things. If anyone has any Florida experience, I would appreciate it. I am afraid to mess this up because I won't know enough to a: know I've messed up and b: counter their arguments when I do. 1. Who is the named plaintiff in the suit? My husband 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Attorneys for Plaintiff - Molly Fitzpatrick 3. How much are you being sued for? $1278.96 4. Who is the original creditor? (if not the Plaintiff) Synchrony 5. How do you know you are being sued? (You were served, right?) Served at home 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I suppose so 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? None 9. What state and county do you live in? Florida, Charlotte County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 08/2017 11. When did you open the account (looking to establish what card agreement may be applicable)? 03/2016 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. 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). Suit Served 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'). NO - should I do that now with a hearing on 02/27 pending? 16. 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? No response required. An appearance is required at court. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent the statement that first missed a payment and then they sent the last statement before they charged it off 18. How did you find out about this site? Googled Midland help
  5. Hi everyone, I recently received a "Pre-Legal Notification" letter from Midland Credit Management, Inc. informing me about a balance owed to Capital One. The letter says, "After numerous attempts to contact you regarding this account, Midland Credit Management, Inc (MCM) will transition your account into the attorney review process after 02-12-2019." I have never dealt with anything like this before and would greatly appreciate help from someone who has any past experience and knowledge in what to do in this situation. I have read some of the other posts about sending a DV letter, waiting for a response, and using an arbitration clause but I'm not sure I fully understand what to do. I'm a student and don't have a lot of money, much less the amount they're asking me to pay. I would like to avoid paying this if possible and to have the Midland account removed from my credit report. I would greatly appreciate any reliable advice that you can offer me on what to do in this situation and thank you for your time in advance.
  6. I received a letter today from Atlantic Credit & Finance Inc, informing me Midland Funding, LLC is considering forwarding this account to a attorney in my state (Florida - St. Lucie County). The letter states: Original Creditor: SYNCHRONY BANK AMAZON Current Owner: Midland Funding LLC Current Servicer: Atlantic Credit & Financing, Inc. Balance: $4,350.23 Date of Default: 11/15/2017 Last Paid Date: 05/08/2018 (This is not correct as I have not made a single payment since defaulting) I wish to send them a debt validation letter as from what I've read on here, however I am unsure how to proceed with arbitration if they are able to validate. They have only provided me with a P.O. Box to send correspondences to, how can I get a signature with this method? What specifics should I ask for in the letter? I saw someone mention asking for an Original Agreement between me and my creditor. What should I look for in their response to let me know if they may or may not have a case against me? Debt history, invalid/outdated information, etc? Should I mention a possible arbitration or leave it out? Do any of you have a link to a good validation letter sample? Thank you so much for your time. I really appreciate it.
  7. Help, my boyfriend is being sued by Portfolio Recovery Associates in Florida. We don’t have much information to go on but included the questionnaire below. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael David Kaminski 3. How much are you being sued for? Not sure, my boy friend haven’t been served as of yet, all I know it’s with smalls claims court. 4. Who is the original creditor? (if not the Plaintiff) Just found out it’s for Citibank but not sure what kind of account. 5. How do you know you are being sued? (You were served, right?) When I visited my boyfriend I noticed all the post cards from attorneys soliciting service and it reminded me of when some one gets a ticket. Asked if someone sued him he said no then I decided to search via clerks of court online and say that there’s a filing. He have not been served. 6. How were you served? (Mail, In person, Notice on door) N/A at the time of writing this due per answer in question #5 7. Was the service legal as required by your state? N/A at the time of writing this due per answer in question #5 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? None, never done any kind of business with Portfolio Recovery 9. What state and county do you live in? Florida [Miami] 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Clueless here as we don’t even know what account this suit is pertaining to. Would like to know how we can find out. 11. When did you open the account? (looking to see which agreement/contract may be applied) N/A at the time of writing this due per answer in question #10 12. When did you open the account (looking to establish what card agreement may be applicable)? N/A at the time of writing this due per answer in question #10
  8. 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 off my smaller debt credit cards which are now in perfect standing, and let the larger Discover card debt go. Here it is a year later and I'm unemployed but going to college full-time. I have zero income and will need to take a student loan next semester to finish paying for my degree. My question is, I've read a little bit on here about arbitration and curious what that is, how it could help and if it's a good option for me. If so, how do I begin that process? My next question is, I've read about them possibly garnishing my bank account for payment. Since I plan to take a student loan next semester (August), will they take my student loan money?? I really need to complete my degree so I can get back to work and earn income lol. Thank you in advance!
  9. Good Morning, My husband was served in person for a suit against me. I am trying this morning to see if I can find a local attorney to perhaps file all this for me. However I have been reading this site and this is my details. Any recommendations for what I should expect to pay an attorney to do this? I have found a Credit card agreement from Paypal which my card was branded. It does include an arbitration agreement. I have 20 days to file my reply. I was served on the 2nd. So I have 7 days down and of course the weekend is here. So I have to handle this in some way next week. Thank you for any advise. 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.) its not a firm but a bunch of lawyers 3. How much are you being sued for? 5070.69 4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK 5. How do you know you are being sued? (You were served, right?) They served my husband. I was not home. 6. How were you served? (Mail, In person, Notice on door) In person, but to my husband. 7. Was the service legal as required by your state? yes 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? none 9. What state and county do you live in? Polk County, FL 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 2014 12. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 13. 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). Not sure 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 could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They provided a copy of a credit card statement from Synchrony Bank a statement / bill of sale (with redacted part) of them buying the debt.
  10. Hi all, I recently found out that I have an active lawsuit with Midland Funding. However, I found this out through a letter an attorney sent me advertising their services for the lawsuit. I then requested the documents online via my county's civil court online search to view the summons and claim. I still have yet to be served summons or even indication that they have been attempted to be served, online it says the summons were issued 10/13/17. The address on the documents is my dad's house and I have told him about the situation but he hasn't received anything. When I found out about this, I panicked because I am pretty young and 'new' at being an adult, so it was all very scary. As soon as I found out about this, I contacted Midland Funding to see if I could set up a payment plan. I also explained that I never received notice 30 days prior to the lawsuit that court action would be taken, which is a requirement under Florida statutes, and that I haven't received summons either. I did provide them with an updated address. They offered me a plan but said they wouldn't drop the lawsuit until the debt was paid. I accepted the offer verbally, but have yet to receive any confirmation or documentation that this plan exists. They were supposed to mail me a contract a week and a half ago and I have not yet received it. I've read a few of the threads here but I have a couple of more specific questions that I haven't seen answered. I know I kinda shot myself in the foot by calling them for a payment plan and thus accepting the debt, but I thought I would be able to resolve this without a court date. Really my concern at this point is trying to avoid paying their court fees on top of the debt. Is that even possible? -If I do not receive the summons before the pre-trial date, should I still go? Will this increase my chance of the case being thrown out? -A few things I've read said that if they are unable to serve to the address they can try employers or publishing in the newspaper. Is that true?? What's the chance of that happening? -Should I respond to the summons though they haven't officially been served? -Really just any general advice on what I can do from here would be great. I have a little less than a month until the pre-trial date.This waiting game is really frying my nerves. Thank you! --- 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.) I'm not sure... the only other name I've seen on anything is Encore Capital Group Inc. The MCM/Midland Funding website says my account is now being serviced by them. 3. How much are you being sued for? $1,596.27 plus cost of suit 4. Who is the original creditor? (if not the Plaintiff) \ Synchrony Bank 5. How do you know you are being sued? (You were served, right?) I haven't yet been served. Summons are supposed to go to my dad's house and he hasn't received anything. I received a letter from a local attorney that said they got the records online and included a copy of the summons. This was not through certified mail, either, just a regular envelope. 6. How were you served? (Mail, In person, Notice on door) N/A 7. Was the service legal as required by your state? N/A 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 have an existing payment plan with them for a different account that I have been paying off for over a year. But I had not responded to anything regarding this specific account. After I learned of the lawsuit, I called them to negotiate a payment plan. 9. What state and county do you live in? Florida, Leon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? 2011 12. What is the SOL on the debt? To find out: 5 years Statute of Limitations on Debts 13. 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 have a Pre-Trial date set for 12/5/17 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 could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? 5 days prior to the pre-trial date of 12/5/17 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 2 statements from OC, affidavit of sale from OC, bill of sale from OC, copy of letter from MCM to me notifying me of the sale of the account from OC (addressed to my dad's residence that I was not living at). Only identifying information on these documents is my name and past address, doesn't include OC account number.
  11. Everyone has a story.. I'll make mine short. Life altering unexpected decline in health lead to unemployment. No support system, no help. It took me about four years to get both my health and life back on track. I met a girl four years ago who I'd like to marry. We're moving next summer and I want to prepare my credit to buy a home in the next year or two. I beat Cavalry in court on one account (thanks to this community!), the rest have surpassed the statue of limitations here (5yrs). AMEX ($3,500) - Est Removal: 10/2018 Portfolio 1 ($3,000) - Est Removal: 02/2019 Portfolio 2 ($2,500) - Est Removal: 10/2018 Enhanced ($1,000) - Est Removal: 11/2018 I'm not sure what the best course of action here is.. I've been living under the radar for years, running cash businesses etc. I'm self employed, I do pay some taxes but do not have my own checking (use PayPal business w/card) or my own credit cards (on family accounts as an AU, pay them directly). I'd like to begin improving my credit score. My SO has great credit (810+) BUT about $150k in student loans. I'd like to try and get us a house or investment property in the next 1.5 to 2yrs. So I was thinking contact the reporting agencies on Portfolio one as I'm sure the last payment is inaccurate. I'm hopeful there is something aggressive I can do against the three remaining account but maybe just let them run their course? In the mean time then, open a bank account, and get a secured card (Discover IT). Possibly a secured loan the first year for extra oomph. Next step, focus on that AMEX. I'd like to get another one, one day. I've read I need to pay the debt directly to AMEX and should get myself added as an authorized user on a good standing account a bit after that. If approved as an AU then I'm off the BL and should re-apply to AMEX on my own when my credit merits it. Thoughts? Thank you for any time you may spend reading this or better yet.. replying. Sincerely, my thanks.
  12. Hello everyone, I discovered I had an open case with midland funding (Florida) by a family member alerting me of 'someone asking for me' where I used to live. Long story short : - Have fallen back on payments due to illness and have proof of surgery earlier this year - No personal job, wages, assets that can be garnished - I do not currently live in Florida Credit bureau shows account opened on : Date opened: 11. 30. 2015 Reported : 6. 15 .2017 amount: 8000 - Advice thus far: contact by phone /mail and let them know of hardship w/proof? while also denying/asking for proof of debt? I want to let them know I am now aware of this bill and prepared for a resolution.
  13. I was served before Christmas and attended my first pre-trial case just after New Years, which thankfully I went in with some knowledge of my rights. When brought into the mediation room I asked for more discovery, and denied everything. PRA's lawyer was nice enough and granted an extension for discovery and another pre-trial date was scheduled by the court. A few days ago I received their "proof" in the form of a big manila envelope of old capital one bills....no letter of assignment. I contacted a local lawyer who unfortunately doesn't do PRA, but did advise me to file a motion to dismiss based on failure to show ownership/standing. Knowing very little about legalese and wording, I would love a point in the right direction on how to write such, cases to site, etc. I feel very overwhelmed!! Ive found sample letters for format but understand I need to learn more about florida statutes and when I word it I have to back up my claim, but it just feels like its going over my head....help?
  14. If you have a case in Florida, the moment you litigate you forfeit your right to request your case to go to JAMS arbitration. 1. This regarding a credit card debt totalling $20k or so. Citibank issued it. 2. A junk debt buyer, PYOD LLC, had its attorney file a suit three months or so before the statute of limitations expired. Suit was filed August of 2015. 3. I came here and read alot. You will know here that, in the state of Florida, answering interrogatories would make you forfeit your right to private arbitration. 4. I had two options: litigate or ask the judge to have case moved to privrate arbitration via JAMS. I requested JAMS and made an appointment for hearing on motion to compel private arbitration. The attorney meanwhile sent me interrogatories. I answered each with a statement that the case is awaiting a judge's order to move case to private arbitration and presevered the right in the future to answer them. I didn't fall into his trap. 5. The judge granted the motion to comel private arbitration. The stipulations were written by the attorney and signed by the judge. It said I had 45 days from the order date to file and PAY the JAMS fee. I send the demand form first. I sent payment four days before the 45-day time limit expired. The envelope was returned with "unable to forward." Ouch. However, the address was correct. I sent payment in a new envelope (and kept the old one) after the 45-day period. 6. The attorney tried to dismiss the case on a technicality that I had not paid on time. Therefore he filed a motion for default stating I did not keep the agreement. 7. At the motion to dismiss hearing, the judge was satisfied that I already had a case number and caseworker assigned. Always keep your paperwork. She wasn't too interested in time of payment. She said that JAMS has its own invoicing system and that I had made a good faith effort to pay. I showed her the envelope and two proofs that the address was correct. Although they were not needed, they added strength to my argument. Motion for default denied. 8. JAMS sent a final invoice to attorney for payment. He declined. The JAMS case is closed. 9. The court case is still not closed. However, I can ask the judge to close it as the attorney is obviously very ticked that I won because of shellieh98. The statute of limitations expired. Thank you Shellie. I didn't need an attorney. I needed an angel.
  15. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) "Racquel A. White ESQ. FBN 0392669" 3. How much are you being sued for? Less than $1,000 4. Who is the original creditor? (if not the Plaintiff) HSBC (Credit Card portfolio was bought by Cap1 after that) 5. How do you know you are being sued? (You were served, right?) Process Server 6. How were you served? (Mail, In person, Notice on door) Notice on door 7. Was the service legal as required by your state? I don't believe so, I called the process server as he left his contact info with someone I live with who refused to take any paperwork from him. I called him to serve me the papers however he just left them wedged in my door. The link provided lists that he has to leave it with me or someone I live with. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I have never had a conversation with them on the phone that I know of. 9. What state and county do you live in? Florida, St Lucie County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe it was in 2013. 11. What is the SOL on the debt? 4 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). The online website says "Case Filed - Pre Trial Conferences Set" 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have disputed the debt with Transunion previously stating I had no contract with Portfolio, to no avail. 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. Not from the OC or the JDB. 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 did not receive a questionnaire. I believe I have to be present for the pre-trial conference in about a month. Complaint: 1. This is an action for damages less than 5,000. 2. Defendant obtained and used a Citibank, N.A. / Best Buy revolving credit account ******#### (the account) 3. Plaintiff is the successor in interest of said account having purchased said account in good faith, for value, and in the ordinary course of business. (See Attached). 4. Defendant did make purchases and charged same to the Account, but after statements were provided to Defendant, Defendant failed to make the monthly payments due upon the account and failed to object to the balance then owing, resulting in an account stated in the sum of $###.## (Exhibit B ) 5. Plaintiff has declared Defendant to be in default and demands payment of the balance due on the Account. Defendant has refused said demand. 6. Defendant is indebted to plaintiff in the sum of $###.## 7. All conditions precedent to this action have occurred. 8. Pursuant to Rule 2.516 Plaintiff designated the following e-mail addresses for the purpose of service of all documents required to be served pursuant to Rule 2.516 in this proceeding (Lists about 20 e-mails.) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A : Affidavit for a custodian of records from portfolio recovery associates stating the debt is mine and is rightfully owed to them. Exhibit B: Bill of Sale and Assignments, document is not specific just stating that the bank sells, assigns, conveys etc the debt to Portfolio Recovery Associates however does not have my name or account number in the document Exhibit C: Statement from May 2014 with account balance listed My debt is small however I really do not want to pay portfolio recovery associates. Is it worth taking the risk to fight it or should I just settle for a smaller amount with them? Thank you for any help!!
  16. The big things that stand out to me is PRA has made little to no effort to contact me by phone or snail mail. The notice to appear has a hand written date of early February yet it was dropped off at the door (not handed to anyone) weeks later and dangerously close to appearance date. I'm not sure if the process service requirements of my state were met or what I can do since it would be my word against the server.. No one signed, no person received it, it was just left at the door yet. When researching the case the agent reported some fictitious female name as who he left it with. The sole inhabitant is disabled and unable to answer the door. Weird stuff about the accused debt is that the card was not used so the last payment date pre-dates the purchase. The only other thing that stands out to me is in the counts, PRA states CITIBANK and I the defendant agreed to the resulting balance for the account.. Which I absolutely did not. I'm assuming they can make that statement by default to non-payment or a lack of correspondence on my part at some point? In any event there has been almost no attempt by anyone to contact me regarding this alleged debt. I've been doing research on the whole thing and it's amazing how little time they gave me to prepare for this.. Looking at the case history, they've been doing all this since last year. Only now, < 3wks from the pretrial mediation date have I received my first notice of these proceedings and this case against me. I'm not sure what to bring.. Can I motion for things on the spot? Am I simply asking for more time to prepare? What can I actually do besides potentially mediate OR request a trial date be set. Anyhow, thank you to anyone who contributes any time to this matter. I've been out of work for almost five years now and taking care of two sick people for the better part of three.
  17. In late December 2015 I disputed some things on my credit reports. In January PRA started there process of suing me, and I was officially served yesterday, Feb 6, 2016. The packet includes: The summons page Form 1.997 civil cover sheet The complaint Exhibit A: Affidavit from PRA Bill of Sale from Citibank (no information specific to me or my account) An account statement from the OC Process server worksheet Since yesterday I have been lurking trying to gather info. Based off of my readings I feel confident that I can handle this in court with no lawyer. I know I need to send an answer to this within 20 days. Can anyone offer helpful info as to how I should write my response?? A few more things: I see no date for court... would that come later? The amount im being summoned for is 6k. I am in florida. What other details should I provide?? Thankssss
  18. Hi All, I'm very new to this forum, however I will say I've been reading like a madman all the information here over the last two days. The knowledge is incredible and it's give me hope. I have already been to a hearing, to determine if we were going to settle or got to trial, I knew to deny everything and I did. I told the judge they hadn't provided any proof I own the debt other than the assignment document and two statements with my name and address on them. The judge basically told me requesting proof of the debt won't help me, which kind of made me feel like there was no chance. As I left after they set the trial date, it made me angry and determined, as everyone else in there was making payment arrangements. I will say their attorney appeared a little taken aback that I denied it all. I have posted all the documents I have after taking out all personal identifying info. Would anyone take a look and offer me guidance please? I would reall appreciate any assistance or advice I can get. Thanks so much for all you do.
  19. I am being sued by TD Bank for a Target Credit Card debt. I had contacted an attorney that filed an answer to the summons denying everything. Of course, the attorney for TD bank filed a Motion to Strike ADs. When the hearing date came around, I talked to the attorney and he said he was representing me, that I would be representing myself (I had talk to him about filing BK, and at that time he took the summons and said he would take care of answering, not to worry. He actually filed the answer and someone signed my name. Later I decided not to file BK) At the hearing, the plaintiff's attorney was a no show. Judge dismissed, but within 2 weeks allowed the attorney to set another hearing date. That was yesterday. I did so much research to defend myself. I think I did pretty good, as the judge did not rule but said he needed to review and would notify us of his decision. I was prepared to ask for leave to amend my ADs, but decided not to since he had not ruled on the motion. January 23rd I filed a Request to Produce. Should I have asked about that? I didn't, but I know they have 30 days to respond. The other caveat, is my principal residence is actually South Carolina. I was just here in Florida for a couple months on vacation (had my mail forwarded) when I was served. Please help. I need any guidance you can give me
  20. On March 28, 2015, Cavalry SPV filed a suit against me according to the Clerk of the Court's records. A pre-trial hearing set for 30 days after the papers were filed. We're on day 18 now and still have not been served. (For the first 12 days after the suit was filed, we were on "stay-cation" and spent all day/every day working in the yard. We were easy to find!) Last night, we were out when a process server taped a business card to our door. I have not yet called this person back...wanted some advice first. From reading many of the posts on the forum, I think we may grounds to have the case dismissed. But still not being served just 12 days before our hearing, I'm getting concerned we won't have time to prepare ourselves properly. Can anyone help us get started? I would be very grateful!
  21. Hello, all, I'm new to the board and just getting the chance to read through all the threads. I have to make an appearance before the judge in a pretrial conference this week, and am hoping one of you would be so kind to offer up some advice. I filled ou the questionnaire below. Please let me know if you need any more info. 1. Who is the named plaintiff in the suit? Portfolio Recovery Assoc. 2. What is the name of the law firm handling the suit Hayt, Hayt & Landau 3. How much are you being sued for? Under $2,000 plus court cost. 4. Who is the original creditor U.S. Bank 5. How do you know you are being sued? Process server came to my home and delivered it to me. 6. How were you served? In person 7. Did the service meet the state legal requirements? I believe so. 8. What was your correspondence (if any) w/ the plaintiffs before this lawsuit? None 9. State Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Mid-2013 11. What is the statute of limitations on the debt? 4 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). Served Notice to Appear for Pre-Trial Conference/Mediation. Served 20 days after they filed w/ the clerk of court, and 6 days before the pre-trial conference. I haven't filed an answer yet. I was really blindsinded, b/c I just learned of this complaint with less than a week to prepare for the pretrial conference. 13. Have you disputed the debt with the credit bureaus (either 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? Florida Rules of Civil Procedure says I have 20 days to respond, starting after the day I was served. But, that is well after this pre-trial conference. This is the redacted complaint: Count I - Account Stated 1. This action is within the jurisdictional limits of this court 2. Defendant (s) is/are resident(s) of this county 3. All conditions precedent have occurred. 4. U.S. Bank National Association has assigned the chose in action and Plaintiff is the owner of the debt. 5. Before the institution of this action U.S. Bank and Defendant had business transactiosn between them and they agreed to the resulting balance for acct number ############### 6. U.S. Bank rendered a statement to Defendant, and Defendant did not object to the statement. 7. Defendant owes ##### on the account. Wherefore, Plaintiff demands judgment for ##### and court costs against Defendant. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. All they attached were credit card statements that had my name and address on it, credit card use transactions, balance and payments.
  22. 1. Who is the named plaintiff in the suit? Cavalry SPV I LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Andreu, Palma & Andreu, PL 3. How much are you being sued for? $1,691.82 + "post-judgement interest at the maximum rate allowed by law + all such other and furhter relief to which Plaintiff may be justly entitled." 4. Who is the original creditor? (if not the Plaintiff) HSBC Bank 5. How do you know you are being sued? (You were served, right?) Personally served a Summons to Appear for Mediation Conference 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Seems so, yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Quite honestly, I have never heard of Calvalry before this notice to appear for Mediation Conferences 9. What state and county do you live in? Florida, Lake County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) June 30, 2011 11. What is the SOL on the debt? To find out: Four or Five years, seems that SOL isn't applicable 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). Waiting to attend a Mediation Conference. 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? In their complaint they are listing Account Stated and Unjust Enrichment 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 attached two papers titled as Assignment and Bill of Sale. The first one lists that HSBC Bank Nevada, N.A. is selling Calvary SPV I, LLC, a number of Accounts, however none of my account's information is listed, and this page only has one signature from David Naumen, Senior VP. The second page lists that HSBC Recieveable Acquisition Company I, II, and IV, is selling Cavalry SPV I, LLC a number of "Recievables". What "Recievables" is, isn't mentioned and the page is signed by David Nauman again twice. A third page with some information such as the date that Calvary bought it, the account number and the amount on the account, and my name are on it. The fourth and fifth page confuse me however. It seems to be account information directly from the bank. It has the bank's headers and information about interest and various details about the account on it, but nowhere does it state that the account was sold to Calvalry SPV I. I've been doing as much research and reading on the internet, and it seems that they haven't truly proved that they bought MY account. I think they proved they bought a NUMBER of accounts, but sending me a page with a few bits of personal information doesn't count as ownership, correct? This is of course going to go into a small claims court in Florida, and I don't believe that I need to write and file an Answer just yet. Is this correct? I would also like to mention that I am a single parent with a child, and a mother on disability who has difficulty maintaining her house (making her bed, etc.) so even if the JDB has a claim, could the court possibly throw out the case due to my inability to pay? Thank you for your time.