Search the Community

Showing results for tags 'indiana'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 13 results

  1. Who is the named plaintiff in the suit? Cavarly SPV I, LLC, by counsel of LLYOD & MCDANIEL, PLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) LLYOD & MCDANIEL, PLC 3. How much are you being sued for? $2k , lawyer and court fees 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Sheriff came and tied a summons to my door. 6. How were you served? (Mail, In person, Notice on door) Notice of Summons delivered by sheriff on gate door. 7. Was the service legal as required by your state? 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 do not recall any correspondence. They may have been calling my cell phone but I don't pick up numbers I dont know. 9. What state and county do you live in? St.Josephs County in Indiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They say 02/2015. I do not believe I made any payments on it since 2013. 11. What is the SOL on the debt? Indiana looks like it has a 6 year SOL 6 yrs. §34-11-2-7 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). Suit Filed October 13th 2016 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? 20 days. 1. They own are the holder of an account due and owing by me and they are an assignee of Citibank. 2.I am indebted to them in the amount $2k 3. Venue is proper with this court based on defendant residing in St. Joseph county. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 1. Affidavit of debt from a designted agent of Cavarly SPV I, LL. It has the last 4 numbers of my account number the amount of $2k . Date of the opening of the account 2012 and last payment 02/2015 from a visa credit card of citibank 2. proof that I am not in active service Please help!!!! Should I call cavarly and try to negoiate down the amount? How much do you think they would do? Or should I just answer the complaint asking for more proof ? How would I go about that? Thanks so much! What are the consequences of filing an answer forcing them to prove their case? or filing a motion to dismiss on lack of standing? Will i end up paying a lot more? will it hurt my credit? Should I just call and try to negotiate? how should I approach the negotiations: starting offer? Like this
  2. I just got back form court and I got what I wanted. I was being sued by Discover, they used the firm blitt and gaines pc. I showed up early, prepared, and wore a suit. The only thing I had to say to the judge was "yes". the plaintiff's lawyer just motioned a stay or continuation(?). I had requested card agreements that they did not provide. Because of that she didn't try to get a judgment. I was planning to motion to compel arbitration but it didn't even come up. They wanted $3700. I made a initial settlement offer of $1400. The lawyer said she would try to convince "them" to that offer. So I big win in my book. my only question was she told the judge that I had made a settlement offer, then the judge asked me if that was true. What is the best way to handle that question? Thanks to Everyone one this board who gave advice. @Clydesmom @BV80 @BackFromTheDebt @Brotherskeeper @Goody_Ouchless
  3. Hey everyone. I was served papers from discover card. They are being represented by Blitt and Gaines PC - A fairly active debt law firm. I would love some advice on my case. Most of my hangups are on procedural stuff. I really am having a hard time finding answers for that. I will preference this by saying, my goal is to cause enough legal trouble for the plaintiff that I can settle for 50%. total debt is 3700 I filed a motion to dismiss for insufficiency of process. Citing Indiana Law 12(B)4 - which says insufficiency of process is a valid motion to dismiss. I cited Indiana law 4(C)5 which requires the complaint served, to have all time limits and consequences of failing to meet time limits. The complain I was served gives no information regarding my Plea/answer. It threw me off for a couple weeks. It really seems that the time limit of 20 should of been included in the complaint. The part that really has me confused is, the plaintiff responding to my motion- in a sloppy and in factual way. they stated that my motion was for insufficiency of service, and that I stated no information regarding improper service. I was clear in my motion to cite the law for Insufficiency of process. insufficiency of service in Indiana 12(B)5. The judge "duly noting" the plaintiffs response, denied my motion. If someone could give me some insight that it would be great. Moving forward I have time to file my answer. Should I use every affirmative defense I can think of? A lawyer told me that, But i read that when a defendant uses a affirmative defense the burden of proof comes on the defendant. My two defenses are the insufficiency of process, and attacking the affidavit. The affidavit does not seem to adhere to Indiana trial code. 9.2 - which states it must be "substantially similar" to appendix A-2(form) - Which has separation for interest and Fees. The affidavit does not have any information on interest, fees, or total of them. I believe I am past my time for motion to strike. I also tried to negotiate with the debt agency after I was served papers. So I don't think denying every allegation against me would be wise. Advice on that would be great. How can i deny that i failed to make minimum payments etc? Where can I find info on procedural stuff. I would gladly pay for legal advice, but I can't find a law firm that will simply answer my questions without doing the whole thing 100% I was served papers Feb 7 and my hearing is already going to be March 23. I am having difficultly finding my time lengths. and how I file motions to strike, discovery, etc. any way, Hopefully someone can google and find this to help themselves. Any help I can get is greatly appreciated. Thanks everyone. Love the site and forum.
  4. I found a packet of papers in my mailbox 2 days ago, not in an envelope, mixed in with the other mail. It looks like a summons, but every stamp and signature on it is clearly computer generated. The "Return of Service of Summons" at the bottom of the page isn't filled out at all. There appears to be a case number at the top of the page, so my next move is to go online and attempt to find out if this is even real. If this IS a summons that has been filed, I plan to answer the summons. It is my understanding that the summons was NOT served the way it should be in my state. How do I work that into a written response? 1. Who is the named plaintiff in the suit? - Cavalry SPV 1, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lloyd and McDaniel, PC 3. How much are you being sued for? $1300 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Found what looks to be a summons in my mailbox, not in an envelope, mixed in with the other mail, 2 days ago. 6. How were you served? (Mail, In person, Notice on door) In mailbox 2 days ago. 7. Was the service legal as required by your state? Not as I understand it. In addition, the "Return of Service of Summons" portion at the bottom of the summons is not filled out. 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? - Indiana, Hendricks- although one page in the packet says that I live in Hamilton county. 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: 10 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). Going to attempt to find it online. 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? Summons says it was filed on 1/30. Also says I have 20 days to respond after I receive the summons, or 23 days if received by mail. 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. Three copies of the complaint, an affidavit of debt that appears to have been filed in NY state, a DoD status report that says I'm not in the military, a bill of sale of the above debt, screenshots of a Citibank account with my info, and something labeled "Odyssey File and Serve-Envelope Summary" that says the case is located in Hamilton County.
  5. MY ANSWERS TO THE STANDARD QUESTIONS: 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) listed for Norfolk, VA 3. How much are you being sued for? $1000.00+ 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Amazon (I have copy of agreement with JAMS clause) 5. How do you know you are being sued? (You were served, right?) Court verified 6. How were you served? (Mail, In person, Notice on door) Notice on door on August 21st | Mail rec'd August 22nd. 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No 9. What state and county do you live in? Indiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2.2015 11. What is the SOL on the debt? 6 yrs 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). Court website has status as SERVED AUGUST 21st. 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? (listed below) I have 20 calendar days to respond. Which means Sunday, September 10th is my 20th day. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Included in the summons packet are the following documents: PAGE #1 Summons - Must answer the complaint in writing to be filed with the court within 20 days from date you received summons. PAGE #2 Affidavit of Debt - Unpaid balance $1000+ on account ending in XXXX. This account was opened 2011. Last payment received 2015. Type of acct: Credit card (Synchrony Bank/Amazon) Plaintiff is not seeking attorney fees PAGE #3 Complaint: Account of NAME, account number ending in XXXX is in default Original creditor is Synchrony Bank Obligation is past due. Amount owed $1000.00+ Plaintiff demands judgement against defendant for the sum plus court costs. PAGE #4 Bill of Sale: September 2016 - There is no identifying info at all on this document. Document indicates forward flow covenants and conditions in purchase agreement - no purchase agreement included. PAGE #5 Summary of Account Activity from Amazon. PAGE #6 & #7 Appearance by Attorney in Civil Case PAGE #8 Certificate of Service
  6. Hello all, I've been combing the forums for about 5 hours now and I was hoping to get some help specific to my situation. Thank you in advance for taking the time to read this and hopefully responding. 1. Who is the named plaintiff in the suit? Myself. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blatt, Hasenmiller, Leibsker, & Moore, LLC (representing Capital One) 3. How much are you being sued for? $5454.23 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank (USA), N.A. 5. How do you know you are being sued? (You were served, right?) Summons 6. How were you served? (Mail, In person, Notice on door) Notice on door 7. Was the service legal as required by your state? Yes 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? St. Joseph County, Indiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/11/2015 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? Suit served 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? No 15. How long do you have to respond to the suit? 20 days - August 10th is the final day to respond. 16. What evidence did they send with the summons? Copy of credit card agreement (no signatures) and Affidavit of Debt I'm not sure what my chances are of actually getting this suit dismissed, I just know that I do not have the funds right now to try and settle out of court, or have this suit automatically ruled against me. Basically I want to delay the final judgment as long as possible at the very least while I try and find some options. Here are the complaints listed for reference: Plaintiff alleges: 1. That the defendant(s) is (are) indebted to plaintiff for purchases of merchandise sold and delivered, services rendered, or cash advanced at request of defendant(s) and paid for by plaintiff arising out of the use of a credit card pursuant to a certain credit card agreement entered into by the plaintiff and defendant(s); that a copy of said agreement is attached hereto, made a part hereof and marked Exhibit "A". 2. That thereafter plaintiff performed all the conditions thereof on its part to be performed. 3. That defendant(s) have failed and refused to pay pursuant to the terms of said instrument and are in default thereon. 4. That there is due and owing plaintiff thereon the sum of $5454.23 and costs. Plaintiff is not seeking attorney fees. WHEREFORE, plaintiff asks for judgment for $5454.23 and costs. This is the answer I have so far: Defendant, appearing pro se, for its reply to the Complaint naming CAPITAL ONE BANK (USA), N.A. Plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein. 1. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 2. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 3. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 4. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. FURTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted. AS AND FOR AFFIRMATIVE DEFENSES 1. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. 2. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. 3. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws. 4. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive. 5. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account). 6. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not. By the Defendant pro se Dated this 8/9/2017 Does this make sense? And do I need to respond to the affidavit in any way? I'm not well versed in this type of thing so any advice would be greatly appreciated.
  7. Hey everyone, I just received a letter from a local law firm (do these guys have people sifting through court records on a daily basis looking to make a quick buck?) stating that court records show a lawsuit was filed against me. Just to play it safe, I went to the IN gov site and sure enough, the case number listed did indeed exist. Unfortunately, I could not pull up any details on the suit (documents submitted, etc). Like many who have come here, I too found myself in a position of being afraid. After reading the many posts and very helpful suggestions from members, I thank God that I found this site, as it is giving me the information I need to fight back. As I have yet to receive anything official from the court, I'm not sure what I need to do to get ready, but I will start reading through threads and get a battle plan going and adjust it accordingly based on what comes. I will continue to post as more information becomes available - DonValor
  8. I ran across this case where PRA lost summary judgment on an FDCPA claim and haven't seen it posted. Same areas covered as the CFPB order against Portfolio. It looks to me like some of these consumers will get paid both under the CFPB order (Sept 2015) and from the FDCPA lawsuit last month. Magee et al v. Portfolio Recovery Associates, U.S. District Court, Northern District of Illinois, No. 12-cv-1624 http://www.insidearm.com/daily/debt-buying-topics/debt-buying/court-finds-settlement-offers-on-time-barred-debts-without-disclosure-of-the-fact-that-the-debt-is-time-barred-to-be-fdcpa-violation/ It appears to be class action. http://edcombs.com/wp-content/uploads/2016/02/Magee-v.-Portfolio-Recovery-Associates-Notice-of-Class-Certification-and-Pendency.pdf
  9. I've spent hours on this site formulating my response to the first set of interrogatories, request for admissions and request for production of documents. Would you mind reviewing my answers to confirm they are legally sound? I did have this account and owe money, but due to loss of employment I can neither pay my debt nor hire an attorney. I truly appreciate your assistance! STATE OF INDIANA IN THE XXXXXX SUPERIOR COURT II COUNTY OF XXXXXX CAUSE NO. XXXXXXXXXXXXXXXXXXX ASSET ACCEPTANCE, LLC PLAINTIFF VS. KELLY XXXXXXX DEFENDANT DEFENDANT’S RESPONSE TO FIRST SET OF INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS NOW COMES the Defendant, KELLY XXXXXX, responds to Plaintiff’s, ASSET ACCEPTANCE, LLC, First Set of Requests for Admission, Interrogatories and Requests for Production of Documents as follows: INTERROGATORIES Interrogatory No. 1 Please state your full name, address, date of birth, place of birth, and social security number. a. Kelly XXXXXXXXXXXXX. Regarding date of birth, place of birth and social security number, responding party objects on the grounds that this information is personal in nature, and has no bearing on the issue that is the subject of this litigation, nor will it lead to the discovery of admissible evidence. Interrogatory No. 2 What is the name and address of the bank where you have your checking account? a. Objection. Irrelevant, will not lead to any legal conclusion. Interrogatory No. 3 What was the number of the last check you wrote to the order of the Plaintiff and/or the original creditor as payment on the Account? a. Objection. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 4 Identify any payment that you have made to the original creditor, Dell Financial Services/CIT Online Bank, and state the date of the last payment you made to the original creditor and the amount of that payment. b. Objection. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 5 Identify any payment that you have made on the Account, number 6879450 1290644564 14, and state the date of the last payment you made on the Account and the amount of that payment. a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 6 What was the number of the last check you wrote to the order of the Plaintiff and/or the original creditor as payment on the Account? a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 7 Please list the date and amount of all payments made by check, money order, banks official check or any other means, that you claim were made on the Account. a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 8 Is the amount that you owe on the Account sued upon correct and, if not, what is the correct ", amount? a. The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves there is an account balance the burden of proof rests with the Plaintiff. Interrogatory No. 9 If any offers of settlement were made to you on your Account, please state the name, address, and phone number of the person and company who offered you the settlement and how long the settlement was good for? a. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 10 Please state the manner in which you paid any settlement that you allege was made (i.e, check, money order, etc.). a. The Defendant has denied the existence of any alleged account in the complaint. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 11 Have you ever received a settlement letter or paid in full receipt evidencing an amount you paid toward the Account sued upon? a. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 12 Please provide the following information for each person you will call as a witness at the trial of the captioned matter: 1. Name, address, and telephone number; 2. Place of employment; 3. Relation to the Defendant; 4. The subjects and substance of the testimony the witness will give; and whether the witness is to be tendered as an expert witness. a. Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process. Also, interrogatory calls for legal conclusion as Defendant is asked to provide information not known to her on an alleged account that is disputed. Interrogatory No. 13 Please identify and describe each exhibit you will use in the trial of the captioned matter. a. Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation. Interrogatory No. 14 Are you currently involved in any litigation in which you are a Plaintiff! If so, then: 1. In what court is this matter pending? 2. What is the nature of this claim? a. Objection. Irrelevant, will not lead to any legal conclusion. Interrogatory No. 15 State fully, completely and at length the factual basis of each defense which you now assert or intend to assert in this action. a. Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. Interrogatory No. 16 As to each defense set out in response to Interrogatory Thirteen (13), above, state the following as to notification to Plaintiff by Defendant of such defenses: (a) the date or dates when notification was given; ( the manner in which notification was given; and © the specific party or parties to whom notification was given. a. See response to Interrogatory Thirteen (13), REQUESTS TO ADMIT FACTS The Plaintiff requests that the Defendant answer the following requests to admit facts pursuant to, and in accordance with, Indiana Rule of Trial Procedure 36. If the Defendant objects to any requested admission, the reasons therefore shall be stated. The Defendant's answer shall specifically admit or deny the requested admission, or set forth in detail the reasons why the Defendant cannot truthfully admit or deny the requested admission. A denial shall fairly meet the substance of the requested admission, and when good faith requires that the Defendant qualify an answer or deny only a part of the matter of which an admission is requested, the Defendant shall specify so much of it as is true and qualify or deny the remainder, again detailing the specificity of the denial or the part thereof. Fact No. 1 Please admit that you applied to the original creditor, Dell Financial Services/CIT Online Bank, for the account, number XXXXXXXXX, in question. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 2 Please admit that you are indebted to the Plaintiff in the amount of $1XX, plus any accrued interest, as shown on Plaintiffs Complaint. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 3 Please admit that you made payment(s) on your account. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 4 Please admit that you owe the balance on the Account to the Plaintiff. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 5 Please admit that the correct balance is outlined in the Complaint. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 6 Written demand for payment of the charges subject of this action was made upon Defendant by Plaintiff or Plaintiffs counsel thirty (30) days or more prior to the filing of the Complaint in this action. a. Denied. Written demand for payment never received by Defendant. DOCUMENTS TO BE PRODUCED 1. Please provide copies of any and all payments made on the account sued upon, for example, all canceled checks, money order receipts, etc., including a copy of any payment which you allege paid off or settled the account sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time. 2. Please provide copies of any and all settlement letters or offers to settle regarding the Contract sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time. 3. Please provide copies of any and all receipts, letters, or other information that supports your contention that the account was paid in full. a. The Defendant has denied the existence of any alleged account in the complaint. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. 4. Please provide copies of any and all exhibits and/or evidence that you intend to introduce at trial. a. Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation. 5. If you are currently involved in any litigation as a Plaintiff, inside or outside of the state of Kentucky, please provide a copy of the petition for damages, including amendments and responses. a. Defendant has none. 6. Please provide copies of all notice letters, collection letters, statements and charge slips in your possession on the contract sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.
  10. Cavalry SPV I, LLC is suing me. A Civil Suit was filed against me (and my wife on a similar but unrelated case) in Hamilton County, Indiana on November 13, 2013 for which I submitted Answers and Affirmative Defenses on December 3, 2013. I received a Request for Interrogatories and Admissions about two weeks ago. My mail was forwarded to my current address as I have been out-of-state caring for a sick father. The Certificate of Service is dated December 27, 2013. Included was a cover letter and disc (pursuant to Indiana Trial Rule 26(A)). Please find the information filed with the court, a list of submitted documents, and my first attempt at answering Interrogatories #1-6. I will post Admissions #1-10 under a separate topic. I am fairly sure that I answered Interrogatories #1-4 correctly. I am uncertain about #5&6. I could really use reassurance and assistance. Thank You in Advance, Hoosier46060 PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT Comes now plaintiff, Cavalry SPV I, LLC As Assignee of, Bank of America/FIA Card Services, N.A., by counsel, pursuant to Rule 33 of the Indiana Rule of Trial Procedure, and propounds the following interrogatories to the defendant, Hoosier46060, and requests the same be answered separately and in writing, under oath, within thirty (30) days from the date of service hereof and that a copy of the same be served on the attorneys for the plaintiff, Indiana Law Firm, 123 Address Road, Suite 456, City, Indiana, 46xxx. INTERROGATORY NO. 1: Provide your full name, last four (4) digits of your social security number and date of birth. ANSWER: The Defendant’s full name is Hoosier46060. Objection to the balance of the interrogatory on the grounds that it is personal, confidential and private. The requested information is not relevant to any issue in this case and not calculated to lead to the discovery of relevant evidence. INTERROGATORY NO. 2: Did you have a revolving charge account (credit card) with Bank of America/FIA Card Services, N.A.? ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 3: Did the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. have a number of xxxxxxxxxxxx9554? ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 4: Did you use the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. to purchase goods or services, or obtain cash advances? ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 5: Did you ever dispute, in writing, owing any amounts to Bank of America/FIA Card Services, N.A., as it pertained to charges on the revolving charge (credit card) referred to above? If your answer to this Interrogatory is “yes”, attach a copy of every written dispute to your answers to these Interrogatories. ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 6: State the date and amount of every payment you have made since the date of charge-off, said date being 11/03/2010. RESPONSE: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. Respectfully submitted, INDIANA LAW FIRM 123 Address Road, Suite 456 City, Indiana, 46xxx (123) 456-7890 Attorney for Plaintiff Certificate of Service The undersigned certifies that service of the foregoing pleading or document has been made by: _ Delivering it, via hand delivery or courthouse mail X Depositing it in the United States mail, postage prepaid on the 27 day of December, 2013, to the following named persons: Hoosier46060, 123 Address Ct., City, IN 46xxx Signed by Attorney for Plaintiff Attached Document List: Bank of America Statement dated July 9 – August 6, 2010 (3 pages) Bank of America Statement dated October 7 – November 5, 2010 (3 pages) Credit Card Agreement (44 pages)
  11. In a similar and previous post, I stated that Cavalry SPV I, LLC is suing me. I received a Request for Admissions about two weeks ago. The Certificate of Service is dated December 27, 2013. As stated in my previous post, my mail is currently being forwarded to an out-of-state address as I have been caring for my sick father. Included was a cover letter and disc (pursuant to Indiana Trial Rule 26(A)). Please find the information filed with the court, a list of submitted documents, and my first attempt at answering Admissions #1-10. Once again, I could really use reassurance and assistance. Thank You in Advance, Hoosier46060 PLAINTIFF’S FIRST REQUESTS FOR ADMISSIONS TO DEFENDANT(S) The defendant, Hoosier46060, is requested to admit the truth of each of the statements or facts hereinafter stated, or that each of the documents attached hereto, an as marked, are genuine. A. This request is made in pursuant to Rule 36 of the Indiana Rules of Trial Procedure and each of the matters of which admission is requested shall be deemed admitted, after the expiration of thirty (30) days, unless your statement in compliance with such rule is timely made. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. B. Your signed, written answers must be served upon the undersigned attorney of record for plaintiff within thirty (30) days after delivery proof. C. If you fail or refuse to admit the truth of any such statement of fact and the plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorney’s fees. D. If, in response to any of the following statements, it is your position that the statement is true in part or as to some items but not true in full or as to all items, then answer separately as to each part or item. ADMISSIONS 1. You owned a revolving charge account (credit card) with Bank of America/FIA Card Services, N.A.. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. Plaintiff has not proven the account is owed by Defendant. Defendant has denied liability for the account. 2. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. had a number of xxxxxxxxxxxx9554. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 3. You contracted for and received credit from Bank of America/FIA Card Services, N.A., on the terms set forth in the document or documents attached hereto. Each document attached to these requests is an authentic copy of an original. These documents are as follows: a. Bank of America statement, account ending in 9554, Payment Due Date: 09/04/10, 3 pages b. Bank of America statement, account ending in 9554, Payment Due Date: 12/4/10, 3 pages c. Credit Card Agreement, 44 pages RESPONSE: DENIED. 4. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was opened on 11/27/2006. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 5. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was charged-off on 11/03/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 6. You last made a payment on the revolving charge account (credit card) referred to above on 08/05/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. -or- On the grounds that after reasonable inquiry the information known or readily obtainable is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt. Defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions. Defendant reserves the right to supplement answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 7. As of this date, you do not have any evidence of a payment made since the date of the charge-off, said date being 11/03/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 8. You used the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. to purchase goods or services, or obtain cash advances RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same 9. You never disputed in writing, any charges on the revolving charge account (credit card) with either Bank of America/FIA Card Services, N.A. or plaintiff. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 10. You agree that you owe the plaintiff the amount alleged in the complaint that was filed on 10/24/2013. RESPONSE: DENIED. This statement calls for admission of matter defendant has denied and thus it is improper. Defendant denies owing this amount or any other amount due on the alleged account and has denied all allegations of plaintiff's complaint. Respectfully submitted, INDIANA LAW FIRM Signed by Attorney for Plaintiff 123 Address Road, Suite 456 City, Indiana, 46xxx (123) 456-7890 Attorney for Plaintiff Certificate of Service The undersigned certifies that service of the foregoing pleading or document has been made by: _ Delivering it, via hand delivery or courthouse mail X Depositing it in the United States mail, postage prepaid on the 27 day of December, 2013, to the following named persons: Hoosier46060, 123 Address Ct., City, IN 46xxx Signed by Attorney for Plaintiff Attached Document List: 1. Bank of America Statement dated July 9 – August 6, 2010 (3 pages) 2. Bank of America Statement dated October 7 – November 5, 2010 (3 pages) 3. Credit Card Agreement (44 pages)
  12. I opened a Capital One credit card in March 2005. I first became delinquent August 2006 and even though I paid some months here and there after that, I was never able to get out of the late 30 days or more status until they charged it off in January 2008. When I was young(er) and stupid(er) in 2007 I kept getting called at work and threatened to be sued by Global International for my outstanding balance of about $4800. So in December 2007, I sent them a payment of $1500 and they were supposed to set up payment arrangements. Instead, they disappeared. They wouldn't respond to calls and nothing was sent. (Like I said - stupid) The payment date was reported on Capital One's TL entry, but the balance did not change. Fast forward to 2012 and I began getting calls from my old friends Portfolio Recovery demanding payment of $4800 and showing last payment date of December 2007. I checked my CR in April and it showed that the Capital One account was sold to Portfolio Recovery. My Capital One account has since fallen off of my credit report. I don't see the PRA account on my credit reports that I just pulled. My questions are: It does not appear to be past the Indiana SOL of 6 years even though it no longer appears on my credit report. I can't dispute anything with CRA because it's not there anymore. Do they remove negative TL's when they are going to sue to avoid disputes? PRA sues a lot of people in Indiana... Based on the last payment date of December 2007, the 6 year SOL should apply January 2014. Is this correct? They also own a debt from HSBC which is well within SOL for $562. I'm planning on offering a settlement for PFD. How can I protect myself that if accepted, they don't try to apply payment to the Capital One debt and restart the clock? Also, with PFD, is it better to offer a lower or higher amount? Thanks for any help! You guys have been a huge help to so many people. I've already learned a lot from you. I've been able to get a few false entries removed from my CR already, but these PRA guys engage in guerilla warfare and it's time to consult with the 4-Star Generals! -ivyy
  13. I am having the exact issue with the same law firm: Received a Notice of Claim/Summons on Saturday 2/23/2013 stating, The said plaintiff complains and says: That the defendant is indebted to the plaintiff for reasons stated herein for unpaid balance due. (Plaintiff being Midland Funding LLC as assignee of Citibank). and asks for judgement $$. I received via regular mail and the service requested was personal. (Not sure if this matters). Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt. Affidavit of debt reads as follows: (Also not notorized). I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf. 1. Defendant has an account balance of $$, which is owed to Plaintiff on account ####. a. The type of account is a credit card (Issuing company: CitiBank) 2. The plaintiff has obtained this debt from CitiBank (South Dakota). 3. The account balance includes MCM's records that there are no late fees after 2/20/09 ------ The summons was issued 2/11/2013 The first letter I received from this law firm was dated 1/24/2013. Due to a recent move, I didn't receive this letter until 2/4/2013. Affidavit dated 1/5/2013 The amount is just under $1000.00 I could pay it off and just settle but I'm not sure I should. First of all, I can't even find a CitiCard listed on my credit report or the original account number. All I find is MCM. I had not had a chance to send a letter of verification prior to the summons. Which, it doesn't look as though they waited 30days anyway! Now what?? I've read some horrible things about this law firm and Midland and not sure I should give them any money. I don't know if a DV is worth my time at this point. Court is scheduled 3/21/2013. Also, If I settle, will it still be filed as a public record on my report? Or should I dispute? Also should I dispute MCM records on my credit report since there is no report for this account # originally?? 1. Who is the named plaintiff in the suit? Midland assignee of Citibank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Bowman, Heintz & Vician 3. How much are you being sued for? Just under $1000 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Summons/claim via US mail 6. How were you served? (Mail, In person, Notice on door) Mail 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Yes, a very general letter with no $$ amount or acct information dated 1/24/13 9. What state and county do you live in? Indiana (marion county) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/27/2007 11. What is the SOL on the debt? To find out: 6 yrs 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no, the original creditor doesn't appear on any of my credit reports. 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? I was given a court date only. 3/21/2013. Indiana law says you can counter the suit, but there is no requirement to answer... Not sure what the next step is. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Just the prior mentioned affidavit. Questions... I've been reading threads all day and have found some great information and valuable knowledge. I've also looked into Indiana Civil Procedure. The court says I don't need to answer the summons, just come to court. I feel as though I need to answer, and from looking at Indiana law, I think that is allowable. I'm having a hard time figuring out all the legal jargon. Furthermore, if I answer, do I need to back up the answer with documentation, counterclaims, etc. The threads begin to counter one another on the topic of what to do first. I don't want to shuffle things around and leave the burden of proof on myself!! I want to get this process rolling ASAP as I will be starting on a few more cases BEFORE suit is filed. Most of the cases are very close to the SOL since they were originally the responsibility of my ex-husband (in divorce decree), who recently filed bankruptcy. Thus, I am now just beginning the battle. Thanks for all the great information on this forum. Any further help would be greatly appreciated!!