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  1. 1. Who is the named plaintiff in the suit? Me 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HHL 3. How much are you being sued for? >$2000 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?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? FL, Yes. Process Service Requirements by State - Summons Complaint 8. What was your corresponden
  2. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm? Rausch Sturm – Sarah Catherine Daley (Main Attorney) 3. How much are you being sued for? $1287.00 plus court costs 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? I have being receiving advertisements from attorneys stating I am being sued. I looked it up online to find out the information. 6. How were you served? I have not yet been served; the address they have is for a Private Mailbox company that I have bee
  3. 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 wha
  4. 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 wa
  5. 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, co
  6. 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 b
  7. 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
  8. 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 lette
  9. 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 credi
  10. 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
  11. 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.
  12. 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 thi
  13. 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 Portfo
  14. 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 al
  15. 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 b
  16. 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 hav
  17. 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
  18. 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 inh
  19. 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 la
  20. 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 le
  21. 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 attorn
  22. 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 di