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Found 5 results

  1. Hello, I apologize if I am going about this in the wrong manner but I am new to the forum and fairly ignorant of the legal system/court proceedings. I'm pretty lost in the woods here and hoping that I may find some guidance. I am being sued by Midland Credit Management Inc via Messerli & Kramer PA over an old credit card debt that they allegedly purchased. Activity to date: 1. On 07/21/2020 a summons/complaint was left at my parents home by a member of the Anoka County Sheriffs Department while I was living out of town. Process servers Certificate of Service states: Observed my father (verified DVS) in picture window. Knocked and received no answer. Knocked again and my father knocked on the picture window and showed that he was on the phone. My father then opened the far east window and asked "Can I help you?". The process server asked if I was home, my father said "No". The process server asked when I would be home, my father stated that he "did not know". The process server asked if he could leave papers with him to give to me, my father stated "No" and shut the window. Process server left the papers in the storm door jam." My fathers statements of events closely matches that of the process server. At approximately noon of 07/21/2021 while on a telephone call my father heard a knock at the front door which he disregarded due to the engagement in and nature of the telephone call. Upon hearing a second more persistent round of knocking at the front door my father approached the front living room picture widow and motioned that he was busy with a telephone call. After my father finished his phone call he slid open the far most eastern bedroom window and asked "Can I help you?". The process server asked if I was home, my father said "No". The process server asked when I would be home, my father stated that he "did not know". The process server asked if he could leave papers with him to give to me, my father stated "No" denying service, shut the window and left the room. The complaint/summons was found wedged in the front door the next evening. 2. On 08/05/2020 I served Midland Credit Management Inc via Messerli & Kramer PA the answer to the complaint/summons. 3. On 08/05/2020 I attempted to file with the court my Answer to the summons/complaint but was denied due to there being no case number assigned. 4. On 08/27/2020 I received a proposed Discovery Plan and letter stating to contact Messerli & Kramer PA within 14 days to work out a discovery plan, or if I did not wish to collaborate on a discovery plan attached was a proposed plan that they had formulated, if they didn't hear from me within 14 days they would assume that the proposed plan was acceptable and present it to the court. On 08/28/2020 I called Messerli & Kramer PA at the number provided within the letter to discuss amendments needed to the proposed discovery plan with the plaintiff's attorney. My phone call was answered by someone other than the plaintiffs attorney who asked for my SSN to bring up the account (which I denied). When I asked to speak with the plaintiffs attorney in regards to the discovery plan I was told that she wasn't available. When I asked the gentleman when she would be available he said he did not know. I then asked if he could please have the plaintiff's attorney contact me in regards to the proposed discovery plan and amendment there of and I was told that she doesn't "reach out" to people. He then informed me that he'd just noticed that the plaintiff's attorney had put a note in my file that they would be willing to discuss settling the debt for the full amount... To which I again politely asked that the plaintiff's attorney contact me in regards to the proposed discovery plan at her earliest convenience. To date I've received no reply. 5. On 04/29/2021 I received a Notice of Case Filing and Assignment from the court administration. 6. On 04/30/2021 I filed my answer to complaint/summons along with an application for filing In Forma Pauperis at the courthouse. 7. On 05/05/2021 I received A Notice of Filing Order granting my application for filing In Forma Pauperis. 8. On 07/15/2021 I received a Scheduling Order letter from the court administration. 9. On 07/20/2021 I received a letter from Messerli & Kramer PA proposing mediation pursuant to the courts scheduling order and recommending an intermediary that "our office has used in the past". Unfortunately the fourteen days passed by too quickly and I missed the deadline as I was trying to find an impartial intermediary rather than their in house one. 10. On 09/23/2021 an envelope containing Opening Documents, Findings of Fact, Statement of Facts, an Affidavit from their"Legal Specialist" In Support Of Plaintiff's MSJ attesting to knowledge of records, and approximately 1 one year of credit card statements. 11. On 10/17/2021 I received a Notice of Remote Zoom Hearing letter from the court administration. My main objections to their " Findings of Fact are: 1. "That on or about May 25, 2008, Defendant(s) entered into a consumer credit contract with Capital One Bank (USA) N.A., to purchase goods and services on a credit card account" Deny. This is false, the issuer was World's Foremost Bank Cabela's Club Visa. I do not have nor could I find a copy of the agreement but I do have a couple statement listing the issuer as World's Foremost Bank Cabela's Club Visa. 2. "That Defendant(s) were issued a credit card account bearing account number XXXXXXXXXXXX1429 (Account)." Deny. This is false, the account issued was XXXXXXXXXXXX0553. I still have an old card bearing this account number. 3. "That Defendant(s) used the account to purchase goods and services and made payments against the outstanding balance of Defendant('s') account." Deny. I do not have enough information to form a belief as to the truth, and therefor deny the allegation. 4. "The Defendant(s) last made payment against the outstanding balance of Defendant(s) account on June 14, 2018." Deny. This is false, per plaintiff's "evidence" the last payment on account was 07/16/2021. 5. "Defendant(s) failed to pay the installments due under the contract and that such a failure constitutes default." Deny. Without a contract I do not have enough information to form a belief as to the truth, and therefor deny the allegation. 6. "There remains an outstanding account balance due of $4,393.50." Deny. I do not have enough information to form a belief as to the truth, and therefor deny the allegation. 7. "Defendant(s) was/were duly served with the Summons and Complaint on July 21, 2020. Deny. It's my belief that the complaint and summons were not served properly pursuant to rule 4 of Minnesota Court Rules of Civil Procedure. Furthermore I dispute that I owe the plaintiff Midland Credit Management Inc. or Messerli & Kramer PA anything. I have never entered into contract, signed any agreement, purchased/traded any goods or services with either of the aforementioned parties. I also to the best of my knowledge do not beleive that any agreement was signed with the alleged OC Capital One (USA). I have been provided with no evidence validating the alleged debt such as; a purchase agreement, bill of sale, assignment of contract, forward flow agreement, list of accounts, nor has the debt been validated. As far as the only supposed "evidence" provided, the statements and affidavit of debt goes could that be objected to as hearsay? I'm trying my darnedest to not let this wreak havoc on my physical, mental, and emotional health as it has in the past but it seems like I am spinning in circles trying to figure out where to go and what to do. Admittedly like I said I'm fairly ignorant when it comes to the legal system and court proceedings. I have attempted to find some form of template to write out a response to the plaintiffs MSJ and where to go next but as of yet haven't found anything that seems serviceable. Any assistance, insight, or opinions would be most appreciated. Thank you and have a wonderful day. ------------------------------------------------------------------------------------ Just in case I didn't cover everything. 1. Who is the named plaintiff in the suit? Midland Credit Management, Inc. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Messerli & Kramer PA. 3. How much are you being sued for? $5126.50 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank (USA). 5. How do you know you are being sued? (You were served, right?) Served complaint and summons on 07/21/2020 6. How were you served? (Mail, In person, Notice on door) Summons placed (wedged) in front door of parents home. 7. Was the service legal as required by your state? Unsure. I am unsure if "drop service" is allowed in MN or even legal if not face-to-face. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None, unrecognized sender unopened and discarded as junk mail. 9. What state and county do you live in? Minnesota, Anoka County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 07/16/2018. 11. When did you open the account (looking to establish what card agreement may be applicable)? 2008. 12. What is the SOL on the debt? To find out: 6 years. 13. What is the status of your case? Case is listed as open. Plaintiff has filed for an MSJ. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, I was unaware of this option. 15. Did you request debt validation before the suit was filed? No, I had no contact with the plaintiff prior to the complaint/summons. 16. How long do you have to respond to the suit? (This should be in your paperwork). I am unsure. Answer has been filed, I attempted to contact plaintiff about amending discovery agreement but was not answered, now paperwork and MSJ arrived from plaintiff recently. 17. What evidence did they send with the summons? Nothing with summons/complaint. I recently received on 09/23/2021 an envelope containing Opening Documents, Findings of Fact, Statement of Facts, an Affidavit from their"Legal Specialist" In Support Of Plaintiff's MSJ attesting to knowledge of records, and approximately 1 one year of credit card statements. 18. How did you find out about this site? I came across this site while researching via DuckDuckGo.
  2. Hi and thanks in advance for reading- so 2 weeks ago I was served by cavalry’s attorney (Jenkins and Young in Texas) for an old Citibank debt. It was filed in district court. A few days ago I filed my answer and motion to compel arbitration. The debt is for about $1,900. I reached out to the attorney after filing to see if they would dismiss. I reached out through the “make an offer to settle” link on their website. Also, they received by email and mail copies of my court filings. It has been almost a week since I reached out and I have not heard a word. Do you think they will wait until there is a motions hearing to make contact? Thanks!
  3. Hello, i hope all is well. I'm writing this post today to ask for advice from anyone that has knowledge about or experience with JDB's or even with Unifund/Kenosian for that matter This past weekend i received this letter in the mail from Kenosian and Miele on behalf of Unifund CCR, LLC. The letter was dated 8/9/2019, today is 8/19/2019. I've been digging through the internet for as much information as possible but i still would like an experienced outside opinion as well. Should i dispute? Should i prepare myself to go to court? I haven't been summoned as of right now but i want to be proactive about this and acquire as much knowledge as possible. This is my first time encountering a JDB and i just want to make sure i'm taking the right precautions before i make any decisions. Thank you for your time. Hope someone can help.
  4. Here is my questionnaire info. 1.. Who is the named plaintiff in the suit? Cavalry SPV I 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) Citibank, N.A 5. How do you know you are being sued? (You were served, right?) Served summons 6. How were you served? (Mail, In person, Notice on door) In person, via process server at home 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? Arkansas, Pulaski County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2013 11. What is the SOL on the debt? To find out: Not positive but I think 3 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). Waiting for Plaintiff to respond to my discovery requests. Complaint filed early May 2015 I was served late May 2015 Answer filed early June 2015 (within the 30 days)(served with Plaintiff and filed with court) Received Plaintiff's RFA, interrogatories, and request for documents mid June; replied three weeks later (responses served with Plaintiff and filed with court) Served my RFA, interrogatories. and request for documents late July; response time will expire this week - no responses yet (served with Plaintiff; RFA filed with court) Served an amended Answer early in August (served with Plaintiff and filed with court) Served a Motion to Strike Affidavit/Exhibits early in August; the 10 day time period for Plaintiff to respond has expired (served with Plaintiff and filed with court) Court has not yet set any hearings or trial date. No action on my motions yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) OC never listed debt with CRA; plaintiff did. Disputed. 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; they never sent me anything prior to filing the lawsuit 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? My answer, amended answer, and responses to RFA/discovery have all been filed timely 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of Claim notarized March 2017, Assignment/Bill of Sale dated September 2016, an account statement dated April 2014, and terms and conditions dated May 2016 I really appreciate any guidance on how to proceed. Since the time has expired for the Plaintiff to respond to my Motion to Strike, should I expect the court to rule on this within in 30 days? Also, should I file a Motion to Admit my RFA if I don't receive a response within the 30 days allowed by Arkansas Rules of Civil Procedure? The response to my other discover is due the same date as the response to my RFA. If I understand it, I need to show good faith effort to resolve the discovery request prior to filing a Motion to Compel; should I send a separate letter after 30 days, asking for a response, and then file a Motion to Compel after a few weeks? I am expecting no Plaintiff response to my discovery requests. If it is helpful, I can post heavily redacted versions of my various pleadings and motions.
  5. I will be fending off a JDB lawsuit in magistrate court in Georgia related to a chase cc account acquired from WAMU. JDB claims in their complaint debt was assigned to another JDB and subsequently assigned to them. They are one of the biggest JDB if not the biggest in the Nation They claim OC assigned a little over 2000 to them through another JDB(this drives me crazy because I know it's not true) They claim one of the majors BIG BANK is their assignor but I know it's not true because the true OC is a defunct bank and is not mentioned in any Bill of Sales or Affidavits There are issues in their case: True OC is not identified but the bank who acquired it through FDIC is being called OC There is no records, documents, chain of assignments, affidavits linking the plaintiff Junkland Funding to the true(defunct) OC. Of course there is no Original Agreement or Signed application. I know these can't be produced since true OC(WAMU) died since 2009 and there is nothing connecting me to it at this moment as far as I know. I truly feel I have nothing to do with JDB. I've answered their bogus claims by simply saying Junkland Funding has never advanced any funds to me and I don't recall any party having a business or financial relationship with me assigning a business or financial contract to them(not sexy but I wanted to be as brief and evasive as possible). Need help to structure better defense. Based on the info I provided. What is best way to provide defense in Georgia magistrate court? Attack chain of Assignment(No documents/Bill of sale/Affidavits link JDB to WAMU but claims to be Assignee of OC, CHASE but true OC is WAMU)? Attack JDB's standing as successor in interests as no evidence shows connection to true OC? But to do so I would have to offer that info to court which I am afraid it might backfire? From the outset insist of getting credit card agreement and/or signed application since JDB is claiming breach of contract in their complaint? Since I feel Plaintiff can not produce Card Agreement/application. Should I subpoena these documents now(Monday)? Court date next week. As you can tell I did not reveal too much about identity of Plaintiff and their lawyers but it's a California based JDB probably the biggest in the country and their lawyer here is a Marietta/Missouri based law firm. They are basing their claim on OCGA24-8-803(6) and 24-9-902 and off course are demanding Judgment. Thank you for helping. Court is next week.
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