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Found 7 results

  1. I took out 6 small-ish private student loans (between 3k and 8k), the original promissory notes dating between 2005-2007. All have since been purchased by NCT. They were serviced by AES for years. Once they became due, I paid every month on all of them, to the tune of 19k total between 2009-2013. In 2013, my co-signer declared chapter 13 bankruptcy and--I just discovered last week--he was able to list the loans from NCT on his chapter 13 bk and listed me as the sole responsible debtor. I found out that my co-signer's attorney included the student loans in his Chapter 13 bankruptcy and that they are now listed on his credit report as closed and paid in full, showing all payments paid on-time, which is not the case. On mine, they show as closed and sold to collections, so they've been a negative mark on my report for 4 years. His bankruptcy list of creditors noted that the loans would be "paid by the co-signer," so I assume that's how he got out of them. I had been paying for 4 years on the loans but NCT put them into a default status automatically because of my co-signer's bankruptcy, which is an odd catch-22 for me, since I was paying was and the one who got hit with the default. I only found out they were in default back in 2013 when I tried to make a regular monthly payment and was not allowed to do so. I was informed that the bankruptcy was the reason, but at no point did my co-signer or his attorney let me know this was going to happen, and I never knew he had been able to include them in his bankruptcy. I assumed his status was also defaulted. Is there some legal requirement that his lawyer or NCT should have disclosed this information to me? I also thought I should have been protected as the co-signer and not held liable for his bankruptcy, since he filed Chapter 13. If you think there's a case here, or if NCT or my co-signer's lawyer acted improperly, please let me know. I was shocked that neither my co-signer or his attorney notified me that they were listing me as the only responsible debtor and that NCT basically forgave him the debt, especially since I had made all of the monthly payments on time and was never informed that I was suddenly going to be the sole debtor on the accounts. That situation is what began the credit problems that eventually led to my chapter 7. Largely due to the domino effect of the incidents in 2013, my credit became severely affected and my cards started closing and lowering their limits. I finally filed chapter 7 last year and my credit has been much improved since then, the 6 NCT accounts now charged off and sold to collections, as of 11/01/2013. So, I've just been keeping my fingers crossed that nothing else would happen with them. Wishful thinking. About 2 weeks ago, Weltman, Weinberg, and Reis began calling on the loans and I got the dunning letters last Monday. I have denied knowledge of the loans. I will be sending dispute letters and requesting validation. I spoke with a lawyer who last year helped me win a lawsuit against Portfolio Recovery Associates for FDCPA violations. He suggested standing and the statute of limitations as two lines of defense for my situation w WWR/NCT. It almost seems like all I can do in my case is wait for a lawsuit, since NCT/WWR will be unlikely to produce proof of ownership. Or, if the SoL is 5 years, to hope nothing happens until after this time next year, which seems unlikely. I believe the statue of limitations for written contracts is 15 years, but I've read conflicting information about Kentucky's laws regarding debt, and I've read that generally, most debt is subject to the 5 year SoL, so I'm a bit confused on that. If it were a motion for a judgment I would know a little better how things might go, but with just having this new collection starting, I want to make sure I do things to ensure I don't get more hits on my credit report. I'm kind of sick of taking the fall for this over and over again. Secondly, I'm waiting on a judge's decision for a MTD that I filed for my brother in early 2016. He has been sued by NCT for a loan that defaulted in 2006. We used standing as our reason, as I think 15 years is the SoL, and I believe his co-signer had been making small "good faith" payments on the defaulted loans. NCT answered our motion to dismiss, but the judge made no decision on our MTD for lack of standing. Instead, while we waited for a decision, NCT sent us discovery, which we answered (denied all), and then early this summer, the judge sent a notice that the case would be dismissed because NCT had not moved forward. I'm still curious as to why the judge has not decided on our Motion at all. NCT, of course, submitted a request more time and the judge granted it, so the case is still active and our motion has been ignored by the judge. I'm really confused on both of these NCT situations. If anyone has any thoughts, please let me know. Thanks so much. The knowledge and advice on this forum are the reasons why I've been able to weather so many of these challenges.
  2. I filed a MTC requesting arbitration in a case with PRA. I am in Jefferson County. I filed my answer and MTC on time, and included the cc agreement (Wal-Mart/Synchrony). Today I got a notice that it was denied on Feb 24 and entered into court on 3-2, and the reason was "per JDR 318" which reads: "The Jefferson District Court Civil Division has jurisdiction over the following matters: A. Small Claims Complaints; B. Civil Complaints up to and including $4,000.00; C. Evictions (Forcible Entry & Detainer); D. Petitions for Emancipation by Minors; E. Petitions Authorizing or Prohibiting Cremation; F. Appellate Jurisdiction from Administrative Agencies, including: 1. Denial or Suspension of the Carry Concealed Deadly Weapon License; 2. Parking Tickets; and, G. All matters reserved pursuant to KRS 23A.100(3)." It seems to me that the court is saying that they have jurisdiction and that I do not have the right to arbitration unless a judge approves, but here is the cc agreement wording on arbitration: (a) "If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Wal-Mart Stores, Inc. if it relates to your account, except as noted below." (b) “We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.” (c) “Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.” I think it's a sneaky way for them to keep people from requesting arbitration and automatically getting it granted. I had no trouble when Discover sued me. I filed the same motion and it was dismissed with prejudice. I don't know what to do next. Does anyone have any suggestions??? The amount they're suing for is 1700 bucks. Ugh. I'm considering just filing bankruptcy. Maybe that's a better option? I got served with 2 more last week. One from Barclay's and another from Capital One. I'm really not sure if I'm up to this, but I was going to just take it one at a time and try to do my best to not give up. Any help would be VERY much appreciated.
  3. I was served by Portfolio Recovery for a 1300 debt. I planned to answer it but completely flaked out and forgot I only had 20 days, NOT 30 days :/. Today, I realized my mistake, and of course, I'm on day 21. From what I gather, if they pursue a default judgment, I would have 10 days to answer. Is this true in all states? I'm really hoping Ky isn't an exception, but I did see that default judgments don't typically get hearings here. I'm planning to go ahead and file a response first thing tomorrow. Can anyone tell me what to expect? Have I already forfeited all of my options to stop this thing??? Thanks for your help.
  4. I am in Kentucky, have 3 cases laying in court. Questions I have are as follows: 1. Portfolio Recovery had filed suit, waited 15 months or so then files an MSJ claiming I didn't answer RFD, RFA and ADM. I opposed and told the judge that it is hard to answer them since I haven't seen them..Judge "stayed" the case to allow answers, etc. I answered their questions (general denial) and sent them requests for documents. They received the CMRRR on 1 May and have yet to respond. Do I have caselaw and grounds to request and win on a dismissal ? 2. Midland filed a suit on me claiming that I had a Paypal card....I sent an answer to the complaint and denied that I had a paypal card. I never had a paypal credit card....I have asked for a verification from the Bank/CRA but I haven't heard anything back. Do I have caselaw and grounds to request and win on a dismissal ? Both would now be past the SOL if the cases went away.
  5. **I called the attorney to ask if there was a court date set. She said she is a legal agent who works on behalf of the Lawyer's office, this is an attempt to collect a debt, etc. She offered to settle the debt and take court fees off, and offered a payment plan. I did not acknowledge that the debt was mine or take her offers. I said I would be in touch, but did not affirm anything or that I had ever had an account with Discover. I plan to file a Chapter 7 soon, but I'm trying to research as much as possible to be sure I'm prepared. I have very little property and very little income (my income has changed drastically since last year; hence, my unpaid bills). I'm thinking the best option is to file a motion to dismiss because the plaintiff provided no evidence in the complaint? I have no clue where to start, so if anyone has any thoughts, or a template or link to something similar to my situation, it would be very helpful. Thanks so much. 1. Who is the named plaintiff in the suit? Discover Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lloyd & McDaniel, PLC 3. How much are you being sued for? $1,645.54 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served by Sheriff's Dept 6. How were you served? (Mail, In person, Notice on door) In Person 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 (I may have called before becoming delinquent, to request payment assistance or arrangement. I do not recall which companies I contacted, but I believe I contacted Discover and was told there was no way to arrange for any relief from my monthly payments, in spite of my financial hardship). No correspondence once account became delinquent, except to call and request that they not contact me at work. 9. What state and county do you live in? Kentucky, Jefferson County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2014 11. What is the SOL on the debt? To find out: 5 Years, 3 in Plaintiff's state 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 in district court, case number provided on summons 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 (currently at day 4 or 5) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. no evidence. No account number. Name and address and last four digits of my ssn, but no other evidence that I have any account. One piece of paper that states complaint: Plaintiff, by counsel, for its cause of action against Defendant states as follows: 1. The Defendant is indebted to Plaintiff in the amount of $1,645.54 2. Venue is proper with this court based on the Defendant residing in Jefferson County. Wherefore, Plaintiff respectfully requests the following relief: 1. Judgment against the Defendant in the sum of $1,645.54; 2. For Plaintiff's costs herein expended; 3. For any and all other relief to which the plaintiff may be entitled pursuant to contract, statute, or common law. That's all it contains. Just the Civil Summons cover page notifying me of the legal action, and the above copied Complaint.
  6. This site has rules and templates for pro se litigants http://www.kywd.uscourts.gov/court-info/local-rules-and-orders/local-rules Lots of info about procedure and includes forms for filing motions, etc.
  7. My wife received a Civil Summons and we have 20 days to respond with a written defense and file it with the Clerks office or they will get default judgment. The exhibit they gave is a Capitol One Credit card Statement showing a balance of $1095.86. We offered to pay Credit One $27.00 per month until we could pay more. Can we make Midland Funding the same offer, before we write the defense and what do we write as the defense?