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Hey y’all, im new to this stuff but I’m being sued by Kohn law firm/midland in Wisconsin i received summons paper but it never gave me an option to file and answer. The debt is only $600 and I’ve been trying to set up a payment plan with them for $100 a month and they absolutely refuse and keep telling me they would get more garnishing me. I’m tight on money and can’t afford a lawyer. I don’t know what to do any help would be appreciated
Ok so I'm new to this process and when I discovered I could "e-file" I envisioned uploading a few pdf files before midnight... it's now 6:24pm and midnight is approaching before I'm technically judgement-eligible... Can I call the actual debt-buyer tomorrow and settle (lump sum) before the attorneys have the chance to file to enter judgement and garnish wages, etc? If so, what document do I request from the debt buyer to prove the debt is cleared to the courts? Just a $0 balance? Would I still be liable for the fees the lawyers accrued for filing the suit? Thanks,
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.) Gordon, Aylworth & Tami, P.C. 3. How much are you being sued for? $1,1XX.XX 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Amazon 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? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing that i remember 9. What state and county do you live in? Polk County, Oregon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime in 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? Sometime in 2015 12. What is the SOL on the debt? Oregon says 6 years but these cards were issued in Puerto Rico which i believe is 3 years. 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). Open, MTC Filed, hearing for motion and hearing for status check scheduled. 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 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? Breach of Contract 1. Defendant, an individual residing in Polk County Oregon entered into a contract with Synchrony Bank/Amazon.com for a credit account. The credit account was issued to Defendant with the account number ********9315. 2. Synchrony Bank/Amazon.com supplied the credit account to Defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fees. 3. Defendant used the credit account and became indebted to Synchrony Bank/Amazon.com. 4. Synchrony Bank/Amazon.com performed its obligations under the terms of contract. 5. Defendant breached the contract by failing to make payments as agreed. No payments were made on the account. 6.. As a result of Defendants failure to pay, Defendants credit account was charged off for delinquency on Feb 3, 2016. 7. As of the date of the charge off, the balance due on Defendants account was $1,1xx.xx. Additional information regarding the account can be found on the Consumer Debt Disclosure form, which is attached hereto and by this reference incorporated herein. 8.Plaintiff, for good and valuable consideration, purchased Defendants Synchrony Bank/Amazon.com credit account and contract and all of the associated rights thereunder on or about February 27, 2017. 9. As a result of Defendants breach of contract, Defendant is indebted to Plaintiff in the sum of $1,1xx.xx. Plaintiff also seeks recovery of fees, costs and disbursements that are permitted by law. These fees, costs and disbursements may include, but are not limited to, those permitted by OCRP 68, such as costs of filing and service, as well as any other statutorily permitted cost, fee or disbursement which may be awarded to a prevailing party in this action. At this stage of the litigation, it is impossible to itemize these costs further. Plaintiff also requests post-judgement interest on the full balance of the judgement at the statutory rate of 9%. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only the complaint and a Consumer debt collection disclosure which has marked that i made a payment but under it states that no payments were made. I went through the mandatory arbitration of Oregon, which was really one sided. They sent in some credit card charge statements, a bill of sale from Synchrony Bank with no personal info, and a paper with my info printed from Synchrony Bank records. Filed a Trial De Novo afterwards and now i have a hearing date for the motion, which im waiting to get in the mail, and a status check hearing date which i got today in the mail. The first time they sued me for over $2k and they ended up dismissing without prejudice once i filed the MTC, not this time. Also as soon as i filed my answer i had filed an MTC but i believe the clerk made a mistake and filed it under a motion for discovery so i re filed the MTC together with the Trial de Novo last week and sent the attorneys and Midland a copy.
Nose Job/Rhinoplasty: The Best Way I am in desperate need of a nose job and have been needing one for years. I'm just now focusing on getting my credit score/report in line because I realize that's basically the only way to do it. My nose has caused me a lot of anxiety/depression problems in the past and I'm finally trying my best to do something about it. I'm currently paying off all my debt and then plan on building my credit score with a some credit cards (like two maybe) until my score is high enough to get approved for CareCredit (which is a medical credit card that covers cosmetic surgery, Rhinoplasty). I am just wondering what kind of tips & tricks anyone could possibly offer me to get this done the fastest way possible! I currently have some probation fees to pay off (like $480 or so) and a collection from Westar Energy on my credit report that I need to pay in full (about the same, $480 something) before I really focus on getting a credit card(s) and paying them off to build my credit enough to apply for CareCredit, for then to finally get the nose job surgery done. So that's my full situation right now. Any advise is welcome!