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  1. If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Credit Corp Solutions Inc. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Scott & Associates 3. How much are you being sued for? $4,XXX 4. Who is the original creditor? (if not the Plaintiff) On the case file its listed as "Synchrony Bank". But the PayPal credit account was originally opened in Aug. 2016. My PayPal credit emails that say "You have a new payment" all mentioned that, and I quote, "The lender for PayPal Credit Accounts is Comenity Captial Bank". Does this make Comenity Capital Bank the original creditor? 5. How do you know you are being sued? (You were served, right?) Lawyer letters from the mail 6. How were you served? (Mail, In person, Notice on door) N/A - I have not been served yet but I am waiting to be. I'm going to contanct the JP court tomorrow to see if a summons has already been served and I have not received it, or if they're still waiting on sending it out. I want to make sure I reply with an answer so I dont land on a default judgement. 7. Was the service legal as required by your state? N/A 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. Before looking into the matter I was unaware of Credit Corp Solutions Inc. and Synchrony Bank. I was also unaware of Comenity Capital Bank, I just assumed PayPal handled it all. 9. What state and county do you live in? State: Texas County: Harris 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) This is tricky, the last payment directly online to the account was on 10/27/17 through PayPal credit, at the time Comenity Capital Bank was the lender for PayPal Credit. On 2/2/20 I made a phone payment. At the time I was unaware of who was calling, with the PayPal credit balance in the back of my mind constantly I figured it was them, paid around $144 and never heard from them since. 11. When did you open the account (looking to establish what card agreement may be applicable)? August 2016 12. What is the SOL on the debt? To find out: 4 years in the state of Texas 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). The last thing on the cases timeline is: "Debt Claim-Citation" on June 2nd 2023 I have not been served yet or anything, just wanting to weigh my options and give myself plenty of time to prepare 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, I haven't made contact with anyone about the debt. 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, I am planning on request debt validation when I am finally served and submit my answer. I also want to add that I HAVE NOT received any type of letters about the debt from Credit Corp Solutions Inc or Scott & Associates. As for emails, when I search "Credit Corp Solutions" in my inbox, I have two emails. One is dated on 3/26/21, and the other on 2/8/22. Both were unopened at first, when I looked at the first email dated in 2021, it just mentioned about repayment towards the debt on their website. For the 2022 email, it was just an offer of $3.8k compared to the full amount, take off an $XX amount. 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? Texas requires 14 days since receiving summons to respond. I have still not received mine, I am just preparing right now. The court papers that were uploaded to the public and that I was able to download show that the Claim Detail says: "Plaintiff's claim is for Account Stated and/or Open Account. The claim arises from a Credit Account entered into by Defendant(s) with Synchrony Bank, Account No. XXXXXXXXXXXXZZZZ (the account). The Account in in default and Plaintiff sues herein for actual damages, cost of court and continuing post-judgment interest." 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of Sale - A copy of the bill of sale was provided between Credit Corp (CPPS) and PLCC PayPal Fresh during June 2020. It looks super basic, 2-3 lines basically with legality language showing that PayPal is selling the accounts. Below the bill of sale - A document with everything darked out BUT my basic information, and showing my "last payment" in early Feb. 2020. I also want to add I do not recognize the last 4 digits of the account number they provide. Its essentially and excel looking sheet. The evidence they provided after is a statement looking page (am I allowed to upload?). It shows "Account Summary" with the "previous balance" some charges like fees and interests, then ends with the "New Balance" and credit limit. To the right of that its the "Payment Information" showing that I owe the $4,XXX. In the middle of the document has "Current Activity" and it shows the interest charges. BUT below that document is another statment looking page, its the exact same with different numbers BUT the current activity is different. It has the Tran and Posting date as 2/2/20. A "reference number" and a "description" stating "PHONE PAYMENT - THANK YOU" "ALPHARETTA GA". Also includes another Late Fee, interests charges and all that. -------------------------------------------------------- One thing I'd like to bring up is Section 392.307 of the Texas Finance Code, according to guides.sll.texas.gov its summarized as "This section of the law, introduced in 2019, states that a payment on the debt (or any other activity) does not restart the clock on the statute of limitations. It also requires that debt buyers provide written notice to a consumer if the limitations period has expired." Can I argue that Comenity Capital Bank was my original creditor and the debt is towards them? Another thing I'd like to reiteriate is that on the case file uploaded by the county and submitted by them, they have Synchrony Bank as the original creditor and the account opening last Aug. 2016. That itself isnt "true" right? Technically I signed up with PayPal credit which was lended by Comenity Capital Bank at the time. I just dont know if this is a reasonable defence and question it. If I can prove that Comenity Capital Bank was my original creditor, then that'll put my SOL in 2021 and make the lawsuit invalid. So what I wanted to ask are, what are my options? This lawsuit hit me out of nowhere, I wasn't aware of it, received no calls or emails or letters. While I will be willing to pay $1.1k as a settlement (since that was what the account balance when I last paid), $4,XXX is not doable. Anything bigger than $1k can only be done on a payment plan. I have 0 consistent income at the moment and already struggle to pay the bills I currently have. I live with family as well, so no home or property, and everything major like my vehicle is under my parents name. Essentially I'm broke with nothing to lose, but I'd still want to fight this in some capacity. A lawyer is 97% out of the question, if needed I could possibly borrow the money but if I can attack this solo then thats what I'd like to do. Thank you.
  2. I have a default judgment where i wasn't served and have a hearing this week to vacate. I have solid proof that I was somewhere else and wasn't available to be served but there is an issue. I disputed and asked for verification by sending 5-6 letters over a years time. The debt collector is claiming they responded to my 1st dispute with a letter giving information on the judgement. It seems the judge was giving this a lot of weight. I never received the letter and don't even believe they sent it but am learning it is tough to prove. It seems with the mailbox rule the court presumes i received it. The letter they say they responded to they claimed was sent 6/2020 My disputes/ request for specific documents after that didn't acknowledge the judgement either (because i didn't know about it). All they submitted as evidence is a PDF of the letter. No postage. I have strong meritorious defenses to the debt but need to have success getting default overturned. Is there a better way to argue against this? I'm in IL
  3. Can someone please provide some guidance examples or any feedback. I was served with a junk debt lawsuit 11/28/21 in Arkansas. The alledged debt is 8k. I was blind sided. I am fighting this lawsuit. I have answered and then amended my answer and replied to their admissions and requests. I don't have anything to provide I don't have any records on this account. It gets werid... They claim a account number changed... All super shady looking. No agreement, no details, some statements with three different account numbers. Very little info. I think I should file a motion to dismiss, failure to state a claim with relief can be granted.. but I need details example. Anything idk
  4. 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,
  5. Hello, I just got a letter 1/24/2019 from the lovely Hunt & Henriques notifying me of their "intent to sue and incur court costs" on behalf of their client "portfolio recovery associates llc" for my old credit card debit (which was $1,400) of $1,842 from a Barclay card opened up fall of 2013. I've made no contact with H & H. I have tried over and over to find out when my last payment was on the Barclay card, but I am almost certain it was 4 years ago, give/take a few months. I'm in CA and I know the statue of limitations is 4 years, which I'm at or, darn close to it. This debt has gone through a few collection agencies so it's not even barclay that's suing me, they sold my debt a while ago. I have read that I need to send a DV letter initially. My questions: What should the letter say? How can I verify when my last payment to Barclay was? They locked my account so I cannot see any transactions. After I send the letter, I'm sure those money hungry jerks will respond. What do I do after that? How can I drag this out to the 4 year mark so the debt falls off? Does it actually "fall off" my credit or stay on it as an unpaid but closed debt? Any help will be appreciated Thank you kind souls!!
  6. Received an Order for Service by Alternate Means via US mail (not certified) stating Cavalry SPV I,LLC filed a claim in District Court in the county in which I live in Maine. I have no copy of a complaint, only this letter that arrived in a envelope from the District Court. The name, phone number and address of their attorney (in Maine) is listed. The letter states I have 21 days to respond, but I'm not sure how to proceed without seeing the complaint. Advice on how to proceed?
  7. 1. 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.) Lloyd & McDaniel, PLC 3. How much are you being sued for? $2,237.74; 4. Who is the original creditor? (if not the Plaintiff) Chase Bank 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) mail and in person 7. Was the service legal as required by your state? I think so not 100% sure 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? nothing that I can recall the lawsuit started in 2010 9. What state and county do you live in? Indiana Deleware 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown 11. When did you open the account (looking to establish what card agreement may be applicable)? Unknown 12. What is the SOL on the debt? To find out: 6 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). Process of them trying to get a wage garnishment. https://public.courts.in.gov/mycase/#/vw/CaseSummary/eyJ2Ijp7IkNhc2VUb2tlbiI6Inl3enNLb0VJY1hvbXVMTG4xLVo0dGNhM3FFS00wcWljcl9HSEhSZWdKcmcxIn19 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 just recently found out that I could request that and I have filed a request. 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? Received interrogatory on wages I am unclear if I need to fill it out or my Employer needs to fill it out. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There has been NO evidence filled in conjunction with this case. I am just needing any kind of help in this matter. I do know it has been in the courts for 10 years now with no payments ever made on it. So I am unsure if there is any kind of Statue of Limitations on this once it hits the court. I have attempted to go in front of a judge myself (no money for lawyer) to get it dismissed and the judge did not even listen to what I was trying to say. request.docx exhibit a.docx
  8. Hello and thank you all in advance. I was in the middle of a pending case for a debt collection lawsuit against me. But, I just recently received an update to the case. I also received a letter with Proof Of Service / Request For Dismissal. Case Type: Collections Case - Seller Plaintiff (Limited Jurisdiction) Status: Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 06/10/2020 On the Complaint filed by (Bank Name) on (Date), entered Request for Dismissal without prejudice filed by (Bank Name) as to the entire action 06/10/2020 Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number) scheduled for (Date 2021) at 08:30 AM in (Courthouse Name) A Not Held - Vacated by Court on (Date) I would attach the entire letter with all pages. But, I'd just like to ask based on the status update on the courthouse website if this case has been dismissed? Do I have to sign anything and return the letter to the courthouse? This is the first time for me to have to deal with something like this and am completely lost. I can attach the letter edited if it will help to explain in detail. But, thank you in advance for your help.
  9. This is my personal experience on how I beat Midland Funding, LLC twice in court and is not legal advice, but I will share what worked for me. Also, I want to thank Credit Info Center and all the people who wrote in the forums sharing their experience as well. The First Lawsuit I first received a letter from the attorney who was acting as a debt collector representing Midland and at the time I was already familiar with the validation process thanks to this website, so I sent a debt validation letter to the attorney. What they sent back was a joke and most of what I requested in the validation letter was ignored. So, after I looked at what they sent back I didn’t do anything because at this point I wasn’t being threaten to be sued. I figured they’d just go pick on somebody else who was an easier target. I was wrong. A few weeks after I received the letter back from the collector. I was returning home one day and a car pulls up in my driveway behind me and an older man gets out of his car and asks if I was the person he was looking for, and I was. I was then served the complaint/summons. Like many, my gut sank and I panicked. After a day or so, panic turned into anger and fueled my desire to beat Midland in court. I did my homework and used the info I gained from this website and answered the complaint. A week or so later I received a packet from the attorney, which was their request for discovery. If you don’t know what discovery is, it’s the plaintiff (Midland/Attorneys) asking for all the info that you might have to help them with their case against you because they don’t have anything or very little to get a judgment against you. As I went through the discovery packet to see what Midland wanted from me I became overwhelmed. So, I called an attorney and had him answer the discovery for me. It wasn’t cheap, but better than letting Midland win and having to pay an alleged debt to them. Now that the discovery was completed and filed with the court, I wait. As a week goes by, I receive a notice of hearing from the court. This is my first chance to really see how this is all going to unfold. So, the hearing date comes and I appear in person and the attorney phones in. That’s right! The attorney doesn’t even show up to the hearing and on top of that, the attorney who called in wasn’t even the attorney that had his name all over the complaint and discovery. The new attorney had the lawsuit dropped on his desk that morning. This was a strong indication to me how this was all going to unfold. At the hearing I stated that the debt wasn’t mine and the attorney said if this was a fraud case that they didn’t want anything to do with it and all I needed to do is fill out an affidavit and hope that Midland would drop the lawsuit. At that point the Judge scheduled the trial date and that was the end of the hearing, which only lasted 15 mins. A couple days go by and I receive an email from the attorney and it has the affidavit attached to the email. I open the attachment and read through the affidavit and realized that they were requesting the same personal info that I objected to and didn’t provide in the request for discovery. So I didn’t fill it out and again waited. The day has now come. Leading up the trial date I organized my defense and mentally went over it in my head almost to the point of going insane. I get to the courthouse about 20 mins early to once again go over my defense and in hope that maybe no one shows up for the plaintiff. Five mins before the trial is set to begin, I see a short elderly man walk into the court room. CRAP! I was really hoping the attorney wouldn’t show and I’d win by default. Oh well, let’s do this! I enter the court room and take a seat and get organized. The judge enters; we stand, and then sit. The judge starts addressing the attorney and it turns out that the attorney sitting in the court room isn’t even the attorney from the actual law firm representing Midland. The law office hired some random rent-a-lawyer to appear and he only had from the previous night to look over the case. The judge addresses the lawyer and the rent-a-lawyer calls me to the stand to testify. I was prepared to be questioned and how to word my answers in case the lawyer tried to be tricky, and he was. He started off with a few “Yes” questions in order to get me in the frame of mind to say YES to anything he says. But when it came to the questions of the alleged debt, I was a rock. Remember, it is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. Remember everything I just said because it comes into play in the second lawsuit. Anyway, after a few minutes of denying the judge turns to me and asks what I have to prove my case. What I presented to the court was my debt validation letter that I sent months ago and how it went for the most part unanswered. The judge asked a few questions to the rental lawyer, which the lawyer seemed to get confused by the questions and my presentation of my case. Rent-a-lawyer and I went round and round over my evidence and finally he got it. I was then put back on the stand and that’s when the lawyer tried to submit what I was sent in discovery from original attorneys into evidence. The judge turned to me and asked if I had seen the documents and I said, “Yes and I object to it on the grounds of hearsay”. The judge looked over the documents, which consisted of a bill of sale, affidavits, and some print outs of what was allegedly purchased with account in question. Then the judge turned to the lawyer and told him that based on what he has reviewed in the documents, he agrees that it’s all hearsay and will not admit the documents into evidence. The judge then started on the rent-a-lawyer by asking him questions on how he could even consider a judgment in the favor of the plaintiff based on their claims. And that’s when the lawyer thru his hands up in the air and said, “Fine, motion to dismiss the case without prejudice”. RED FLAG! That’s when I turned to the judge and requested the case be dismissed with prejudice. The judge made a few comments to the lawyer about how I’ve spent time and money over this case and that he was going to honor my request to dismiss with prejudice. Finally, this five month stressful experience was all over and I’ll never go through this again, right? So I thought. The Second Lawsuit Fast forward ten months from the end of the first lawsuit and I get served again by the same law firm and Midland, but for a different alleged account… on my birthday. I want to take a moment and talk a little about Midland. If they get their hands on a junk debt that they say you owe, I can almost guarantee they will come after you based on my experience. Midland, as many already know, is notorious for filing lawsuits. But from what I have seen from them in the court room, as long as you do your homework and show up in court, you will have the upper hand. Ok, let’s get to this second bogus lawsuit. The process was the same from the complaint/summons and discovery as the first lawsuit, but this time I didn’t need a lawyer to complete the discovery because I kept the one from the last lawsuit. So, the complaint and discovery were word for word copy for the most part so all I had to do is make a few changes to make it fit. Once all the paperwork was filed with the court and copies sent to the Midland’s lawyers, I sent a debt validation letter to the law firm. I figured what the hell, why not. It was the same format as the letter I sent in the first lawsuit and I got back the same garbage from the debt collector (law firm) as I did in the first lawsuit. The hearing date comes and goes and a trial date is set by the same judge as the first lawsuit, which was a good thing for me because I knew what to expect from the judge and how he worked. A week before the trial everything changed and I thought I was doomed. I was getting my mail and received an 8 ½ X 11 size envelope from the lawyer. Now I’m thinking, great, what now. What they sent me was a Notice of Exhibits and Witnesses for trial and a Notice of Intent to use 902(11) Evidence. Ok, let’s break this down. The exhibits and witness consisted of the same documents that I received in discovery except, one new document that was titled Book Records Affidavit or something like that and two female names and mine were listed as witnesses that may be called upon at trial. Up until I received all this new info, I was confident in my case, but all that went out the window and I felt like I did during the first lawsuit. Again, a day goes by and the panic turns to anger and strength to get my head on straight. First I realized that Midland was trying to scare me into believing that they were going to fly witnesses from out of state to testify against me. Financially for Midland it made no sense. Second, what the hell were these women going to testify to? Anyway, I prepared questions to ask them at trial and planned on objecting to anything they say on the grounds of Lacking Personal Knowledge and Hearsay. Now to the important part of the notices I received, Notice of Intent to use 902(11) Evidence. In my state this rule basically protects the plaintiff’s evidence from the hearsay rule based on the grounds that the documents were maintained accordingly by the party. I had a hard time with this one and I was going to take my chances at trial to get around the rule. On the day of the trial I was a wreck. But, I had to keep in mind that they still had to prove their case to the judge. Remember what I said back in the first lawsuit? It is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. This is how I used the above statement for my defense: Midland Funding did not have a contract with my signature or agreement from the original creditor showing I owned the debt and they didn’t show how they calculated the amount and what was purchased with the alleged credit card. Midland Funding didn’t have a contract/agreement between me and Midland stating that I owe them anything. And most importantly, as I examined the bill of sale there was not one mention that Midland Funding, LLC actually purchased or owned the specific debt that they claimed I owed. NOT ONE WORD. All it stated is that Midland bought a POOL of charged-off accounts. Everything that I mentioned above is essential for JDB’s to prove their case and they don’t have such info, unless you give it to them by agreeing to pay them. Ok, now for how it all went down in court. I get there early like last time and wait in the court room eagerly watching the clock to strike 9 am. About five minutes till 9 a tall order man walks into the court room and asks if I am the defendant and I say yes. Then he goes on to say he’s the attorney representing Midland Funding, LLC and guess what? He’s a rent-a-lawyer! This lawyer like the last only received the case files the day before and he was alone. NO WITNESSES. The rental then asked if I’d be interested in settling and I said no thank you. The judge enters; we stand, and then sit. This time we each get to have an opening statement before I get called to the stand. So, in my head I know the lawyer is going to ask the “YES” questions and try to trip me up. Not going to happen. He starts off asking basic questions like what’s my full name and address. Then he started with questions on the alleged debt. After I honestly denied his questions, he started to introduce his evidence. The rental did this in a very drawn out way by introducing one document at a time and explaining why it should be admitted. As soon as he went to submit the first exhibit, I OBJECTED on grounds of hearsay. Remember the Notice of Intent to use 902(11) Evidence, well it was used and it worked for the rental. Every document he submitted for evidence was accepted by the judge based on the 902(11) evidence rule and the hearsay rule was useless. So now that Mr. Rental had all of his exhibits entered into evidence, I was given the opportunity to make my case. I knew I had to push hard and really focus on the statements that I outlined earlier for my defense. When it came my turn to present my case I started with the easy approach. I went with the debt validation letter I sent to the law firm. I made the case to the judge that I had sent the letter and it was ignored for the most part and they failed to send me what I requested in the letter. I also made the case that what was sent to me could have been created by anyone with a computer that had Microsoft Word. The judge agreed. The letter came back into play, but I’ll touch on that in a few. At this point, the rental didn’t object to anything I was saying and the validation letter was admitted into evidence. Next, I started on all the documents that were admitted against me and that weren’t. First, where’s the contract with my signature stating I entered into with the original creditor? Judge, “Counsel do you have that document?” The rental states, NO. Then I move onto the bill of sale. I bring to the judge’s attention that there’s not one word in the bill of sale that states that Midland had actually purchased the specific alleged debt that they are claiming they own. The only words that state that Midland bought anything were POOL of charged-off accounts. No specific indication that Midland actual owns the specific debt that they are trying to sue me for. This unleashed a hail storm of questions from the judge to the rental, all of which the rental had NO answer or proof of. With that being said, I attacked with, where is the contract that states I entered into an agreement with Midland to pay them? Again, the judge rips into the rental with more questions. Judge, “Counsel, I don’t see an agreement in which the defendant and the plaintiff entered into a creditor/consumer contract, do you have one?” The rental sits for a second and then replies, “No”. After that the judge started recapping everything I pointed out and lectured the rental on how can a suit be brought forward if there isn’t enough evidence to prove their case. Now we get to what sealed the deal, if not already. While the judge was lecturing the rental he noticed something on one of the documents that was submitted into evidence by the rental. It was a credit card statement. The statement had three different dates on it and one of those dates I didn’t notice and over looked. One date was a date referencing being a member since whatever year, the next was a due date which was two years after the member date, and the last, the one I over looked had a date that went back SIX years before the “member since” date and showed interest charges. What a minute! How could interest charges be on a statement SIX years before being a member? RED FLAG! The judge then stated that the date of the interest charges date back to being thirteen years old, which puts the alleged debt eight years past my states statute of limitations. So not only does Midland have nothing document wise to prove anything, now they lack legal standing to even bring suit because one can now make the case that the statute of limitations has well come and gone. I really wish I had noticed the dates when I received the complaint/summons and had the case dismissed with prejudice at the hearing. Oh well. After piling my defense on the court and the rental, the rental puts me back on the stand for a last ditch effort to question me. He asked a few basic questions and at that point the questions he was asking I could only speculate on and that’s all I said. The rental said no further questions and I stepped down from the stand. The judge then asks to hear our closing statements. Mr. Rental’s closing statement was him just asking for damages to be rewarded to the plaintiff based on that they FEEL I owe the debt. You have got to be kidding. My turn comes and I summarize everything that I have mentioned and requested the case be dismissed with prejudice. The judge then makes a few remarks and then dismisses the case with prejudice based on the evidence provided in his court room. I hope someone can learn from my experience and win as well. Remember, they have nothing. All they will try and do is scare you. Even if the hearsay rule can’t be used, it doesn’t mean you can’t win. They still have to prove everything I outlined earlier. Stay strong and don’t give up. Good luck!
  10. Hi! I have been dealing with a lawsuit from Cavalry (from a credit card) for around a year. I have been following the legal process as "Pro Se". so far so good. On the beginning of September the Judge ordered "Denied the Motion for Summary Judgment for the Plaintiff", now we are going to trial in three weeks. As we speak I am trying to get ready for my defenses. The Lawyers from the prosecution have around three months of statements for the account in which are suing me. I do not recognize or remember about this account, but they have the credit card statements as part of the exhibitions. In the statements are showing payments (credits). Can somebody help me in how to approach the credit card statements and the credits that are showing in the statements with the Judge? also the lawyers submitted a motion for appearance by phone of a Paralegal from Cavalry, but the Judge have not answered it yet, in the case is granted can you please tell me how to handle that?. Just fyi... in the credits (in the credit card statements) is not showing my name neither is showing copy of checks. Not only that but they do not have copies of bank statements showing debits paying the CC . Thank you
  11. (Forgive me if I haven't had enough time to search for all the right answers in the vast amount of resources this forum has to offer! I may have limited time or already be out of it! I am also seeking an attorney this week.) I am living abroad out of the US and have been possibly sued by a bank or through a debt collection agency being assigned by a bank. I have a number of questions! 1. The file date says 1/3/2020. If I have 30 days to respond, does that mean I have until 2/2/2020 or is it the date that I have been served? Because that leads me to my next question... 2. Aside from publication, there is a high chance that I have not been served properly because I have been living and working abroad for many years. If that is the case, should I file a motion to vacate based on improper service on my own or should I hire an attorney to file it for me? Is it a simple form or template I can find and type / mail myself to the court? 3. If it turns out that I am being sued by a collection agency, (similar to the question above) should I request for the validity of the debt to the court on my own or hire an attorney to do it for me to due the existence of the court case? Below is the current status of my case. I have a number of questions about the updates. ------------------------------ Status: Pending 4. Does this mean that the actual case has yet to be approved? 01/2021 at (Time) in Department (Letter) at (Address) Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number Code) 5. What does this mean in simple terms? Does this mean that the next step or hearing is in 1/2021? (Date) Declaration Declaration of Non-Service; Filed by: (Bank Name) (Plaintiff) (Date) Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number Code) scheduled for 01/2021 at (Time) AM in (Address) at Department (Letter) 6. What does this mean in simple terms? (Date) Case assigned to (Name) in Department (Letter) (Place) (Date) Complaint; Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) (Date) Civil Case Cover Sheet; Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) (Date) Summons on Complaint; Issued and Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) 7. What does this mean? Does this mean that the plaintiff served me? (Date) Order to Show Cause Hearing/Trial Date (Rules of Court, rule Number Code); Filed by: Clerk (Date) Notice of Case Assignment - Limited Civil Case; Filed by: Clerk (Date) The case is placed in special status of: Collections Case (Number Code) ------------------------------ Of course, I will be asking these questions and more to an attorney. But, I'd just like to get some feedback and answers while I am looking for a lawyer. Thank you so much for your help.
  12. Hello All, I am looking for some help. I was recently sued and I don't know what to do. I'm trying to stay calm, but I am internally freaking out. If you one can provide any details, I would greatly appreciate. I'm interested in the arbitration path, but I'm not sure if that will help me or hurt me. Below are the details of my situations. I currently live in GA and I'm recovering college graduate. I don't have any money to spare, but I also don't want a judgement on my public record. Please Help Me! 1. Who is the named plaintiff in the suit? Velocity Investments LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ragan & Ragan 3. How much are you being sued for? Under $4K 4. Who is the original creditor? (if not the Plaintiff) Lending Club, maybe Web Bank 5. How do you know you are being sued? (You were served, right?) Served in person 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? yes 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? nothing 9. What state and county do you live in? Georgia, Dekalb Conty 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. What is the SOL on the debt? To find out: 6 yrs Statute of Limitations on Debts 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 served. Must file answer within 30 days. 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? 30 days. (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. Defendant is a resident of this county and is subject to the jurisdiction of this court Defendant resides and may be served at 'insert my address' Defendant executed a electronic transaction entering a loan agreement, identified as 'account' with Web Bank. This was serviced by LendingClub Corporation Defendant received the load proceeds Defendant breached the loan agreement by failing to pay as agreed and left a balance Webbank has transferred all their rights, title, and interest in this loan account to lending club Plaintiff purchased the loan agreement and received written agreement of the debt at issue in this action Despite demand by Plaintiff, Defendant has failed to pay amount due on the loan amount Defendant is liable to Plaintiff for the sum of $XXXX.XX in principal, $XXX.XX in interest and fees, and costs of action Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Loan Agreement printed offline, Loan Disclosure printed off line, Certification of Loan Sale, Bill of Sale, two spreadsheets w/ principal, interest, payment breakdown and payment history
  13. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) It seems to be in-house lawyers for Midland Funding 3. How much are you being sued for? $2496 4. Who is the original creditor? (if not the Plaintiff) Comenity Bank/HSN 5. How do you know you are being sued? (You were served, right?) Yes. 6. How were you served? (Mail, In person, Notice on door) In person. 7. Was the service legal as required by your state? Yes. And he was quite nice. 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 honestly didn't see anything via mail. As far as I know, it was just calls to my cell phone. 9. What state and county do you live in? Florida, Bay County (Fourteenth District) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Apparently February 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? November 2014 12. What is the SOL on the debt? To find out: 4 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). We had a pre-trial conference, where the judge suggested we retire to a room to mediate; however, we were at an impasse. Because of this, a trial date was established for July 24, in judge's chambers. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Once HSN stopped sending letters, I'd forgotten all about it. 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? No, no questionnaire that I saw. 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. This is what's listed (they sent me a huge packet of documents): * Original Creditor Statements * Assignment/Bill of Sale/Seller Data Sheet * Letters to Defendant Basically, several credit card statements from HSN, along with three letters from Midland Funding that I never received. They also included: * Notice of Filing Documents in Support of Entry of Final Judgment * Plaintiff's Notice of Introducing Documents at Trial and Witness List * Plaintiff's Notice and Motion for Records Custodian Witness to Appear By Telephone at Trial * Plaintiff's Motion to Continue Trial (In the Plaintiff's Motion to Continue Trial, they state that they have opened a "dispute investigation and will be mailing a request for additional information and documentation to the Defendant to support her claim" (my claim was that the balance and date of last payment was incorrect). To date, 3 days before the court date, I've received no such request) 18. How did you find out about this site? I searched for information on being sued by Midland and this seemed to be the most helpful and insightful forum. ❤️ 18. Read these two links: I did, but I'm not sure if my refusal to settle at mediation constituted a waiver of my right to arbitration.
  14. Hi! I was recently served papers and i’m being sued by Midland Funding LLC/Blitt and Gaines PC. For debt in the amount of $2,500 with Commenity Victoria’s Secret. Before i ask my question..a little background on me. I am a married stay at home mom with 2 kids. I live in Illinois. I do not have any income as i haven’t had a job for 11 years. I do receive SNAP/state insurance. Nothing is in my name EXCEPT for my vehicle. It is the only thing i own outright that is solely in my name. I did a Kelly blue book and it’s worth at most $3,500. It is how i get my kids to and from school every day,etc. Now,my question....when i go to court for this(July) can they take my car to pay back this debt that i owe??? I am freaking out! Should i consider putting it in my husbands name? I don’t know what to do. Please help!!
  15. @texasrocker Please HELP!!! I was sued a few days ago by TD Bank, but there was not enough information provided in the complaint to identify the debt owed. In addition to providing a response to the court, the plaintiff (TD Bank) is requesting first discoveries including production, disclosure, admission, interrogatories. I have no idea how to respond to these??? 1. Who is the named plaintiff in the suit? TD Bank, USA 2. What is the name of the law firm handling the suit? Rausch Sturm; Attorney is Jesse Lockhart 3. How much are you being sued for? $1,048.74 4. Who is the original creditor? If not the plaintiff? TD Bank, USA 5. How do you know you are being sued? I was served on 5/22/19 6. How were you served? At home around 4:30 p.m. 7. Was the service legal as required by your state? I think so, she asked if I was the person listed on document. And then asked me to read the first line at the top, before she walked away. 8. What was your correspondence with the people suing you before you think you were sued? No correspondence with TD Bank prior to the lawsuit 9. What state and county do you live in? Texas, Wichita County 10. When is the last time you paid your account? According to the petition, my last payment was made in February 2019, but I am unsure of what the debt is actually for. I have never heard of TD Bank prior to being served papers. 11. When did you open the account? Allegedly, June 2016. 12. What is the SOL on the debt? 4 years in Texas, but I am not 100% certain what the debt is... 13. What is the status of the case? Filed 5/10/2019 14. Have you disputed the debt with the credit bureaus? No, I was unaware of the debt 15. Did you request debt validation before the lawsuit was filed? No 16. How long do you have to respond? The Monday that follows 20 days from the citation’s date of service 17. What evidence was provided with the summons? The only information that they gave me was TD Bank, amount owed, when account was opened, and the alleged date of last payment. In my initial post, I included information about an account that I assumed the lawsuit was in reference to. After reviewing the information on the petition further, I am unable to verify that I am responsible for this debt.
  16. Hi, I received an Advertisement letter from attorney offering service for lawsuit, after researching online I found out Midland Fund entered what it seems a E-filed on 5/4/2018. After reading some post in this forum, I I felt much better and with some hope. I appreciate any advice that can be given. This is the information I found through the Miami-Dade court's online services: 06/14/2018 Small Claims Pre-Trial Conference Hearing Thank you for your assistance!!! 1. Who is the named plaintiff in the suit? Midland Funding LLC- Plaintiff is a Delaware Limited Liability Company, authorized to do business in Florida 2. What is the name of the law firm handling the suit? Its not very clear but it has a lot of names for attorneys for plaintiff- with a check mark on an esq' name 3. How much are you being sued for? $1800, and the costs of this suit. 4. Who is the original creditor? (if not the Plaintiff) COMENITY CAPITAL BANK 5. How do you know you are being sued? (You were served, right?) No, I received an Advertisement letter from attorney offering service for lawsuit against me and it mentions that the case # is on the envelope ( I thought it was a scam but I looked and found it at the Miami-Dade court's online services) 6. How were you served? (Mail, In person, Notice on door) Nothing as of today. 7. Was the service legal as required by your state? how can I know if the service is legal? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? to the best of my knowledge, I dont recall talking to any of them, however, I have an app that blocks unknown or scammers calls. 9. What state and county do you live in? Florida, Miami Dade 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) there is a bill with the papers I saved from the court's website- it states 05-02-2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 5-16-2014 12. What is the SOL on the debt? 4 yrs 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). I have Small Claims pre-trial conference hearing on 6-14-18 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? Where is this information? 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. With the online records I see- 1 bill statement from OC; affidavit of sale from OC , bill of sale from OC; as exhibits -asset schedule; letter to old address that MCM is new owner Thanking you in advance!!
  17. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Girvin & Ferlazzo, P.C. 3. How much are you being sued for? $4,683.48 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Served impersonally 11/24/18 6. How were you served? (Mail, In person, Notice on door) Notice on door 11/24/18 7. Was the service legal as required by your state? Notice was left on the door. It’s unclear if this is legal in NY 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 received letters from Calvary several times but never responded with any correspondence, nor did I call to speak with anyone for fear that it was a scam of some sort. I do not have any of the letters I received from the agency. 9. What state and county do you live in? New York. Nassau County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2013 to Citibank 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2012 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 6 years (New York) 6 years (S Dakota...where Citibank is incorporated) 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). Pre-RJI. 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? Response required by 12/22 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. No Evidence was sent with the summons ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I have been served impersonally 11/24/2018. What should my first step be? I've contacted the Nassau County BAR for a lawyer referral however the lawyers they referred do not handle the type of case that I am experiencing regularly. They mainly cater to Bankruptcy, which is not an option I am open to at the moment. I am being sued in Nassau County Supreme Court. I have never requested arbitration, nor have I had any contact with Calvary SPV outside of letters sent to me stating they were attempting to collect a debt. I discarded the letters as they came because I considered it scam/junk mail. I received the summons on my door. There is no proof attached to the summons, only motions against me. Please let me know your thoughts on steps I should take moving forward- the best way to address this matter. Thank you!
  18. I just Filed an appearance, idk what to expect at court, can someone give me more info. Especially on how to create my defense
  19. I am being sued by Guglielmo & Associates from Tucson AZ. The original creditor is Discover Bank. I have 20 days to answer the paperwork I was served 3/28/19. The debt is 4k. What course of action should I take? Should I answer first or file a motion? If so what answer or what motion? I am unemployed and don't have any property to seize and barely any money in my bank account. Is my car that is paid for at risk (2007) ?
  20. Greetings I have been served by Nelson and Kennard on behalf of Capital One. Due to procrastination I have only a couple of days to file an answer. Is there a place on this site with general first steps? Is there a template answer to give? Any other advice is highly welcomed. Thank you.
  21. Hi Guys, so I was served with a second lawsuit. Ughh just my luck! Now I am being sued by Portfolio Recovery Assoc. They only provided me with 5 page booklet. The first two has the court serve paper, the 3 -5 are their request regarding suit. I posted pictures below. They did not provide me with any affidavits or witness or agreements or anything like how midland did. How can I dispute this. Can someone help me or provide me a template I can use for my answer that I can quickly modify or use it .I need to turn it in asap and how should I handle this,, any thoughts or assistance? If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Portfolio Recovery a$$ 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) County Court 3. How much are you being sued for? 1,290.05 4. Who is the original creditor? (if not the Plaintiff) Synchonry Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so 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,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2017 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 12. What is the SOL on the debt? To find out: 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). Suit Served 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'). None. 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? 14 days 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. None just their 3 pages of petition and the original and copy of serve document. 18. How did you find out about this site? Google 18. Read these two links:
  22. Hi guys, I am new this, this is the first time I face a lawsuit. I would greatly appreciate any assistance in knowing what process I should follow regarding this lawsuit. I received the serve papers on 8th of this month and I submitted an answer Friday 11th. I will be posting pictures regarding the files I got and also the answer I submitted to court. Big thank you to @texasrocker for assisting me in the first step of the process. If anyone can help me or guide me I would greatly appreciated. Please excuse my typing and run off sentences. I really do not have any knowledge in business law so please bare with me if I ask too many questions. Steps Completed. 1. Answer Submitted 2. Can someone help with discovery part, what template can I use and do I file it at court and mail it off to the midland attorney, If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. 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.) County Court 3. How much are you being sued for? 1,600+ more or less 4. Who is the original creditor? (if not the Plaintiff) Commenity Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so 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,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jun 2016 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2013 12. What is the SOL on the debt? To find out: 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). I already submitted answer should arrived by Certified mail to Midland Today 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'). I submitted Answer but that is it so far. 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? 14 days 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. Exhibit A & Exhibit B 2 Affidavits, and CC blurry terms form from Express, Bill of Sale, Most of the documents are blurry. 18. How did you find out about this site? Google 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  23. Hi guys, please check my original post I have answered the questions regarding the lawsuit I am currently facing. I already submitted an answer to court and I did sent it off to midland attorney via certified mail. I have until Monday to finish up. I believe I need to attach a discovery document, can someone help me create a template I can use. All of this is taking place here in TX. I am new to this process and I really do not know the steps I should take. If someone can assist me and guide I would greatly appreciate it. I would like to get ready for the next step as well what should I prepare and expect.
  24. I received in the mail early this month paperwork regarding a consumer credit collection complaint case being filed against me by collection agency Portfolio Recovery Associates, LLC and I have no idea what to do. Below is what I found when I looked the case up online. What should my next step be?? Viewed Date Action Text Disposition Image 10/15/2019 7:00 AM DEPT. 33 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT 04/16/2019 7:00 AM DEPT. 33 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT VACATED 12/07/2018 PROOF OF SUBSTITUTED SERVICE OF CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 10/17/2018 OF PORTFOLIO RECOVERYASSOCIATES,LLC AS TO *** WITH DECLARATION OF DILIGENCE AND DECLARATION OF MAILING ON 12/04/18 FILED Not Applicable 11/21/2018 RETURN OF NON SERVICE FILED ON ***. FEE FOR NON SERVICE IS $59.50 Not Applicable 10/17/2018 CASE ENTRY COMPLETED Not Applicable 10/17/2018 ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 10/17/2018 OF PORTFOLIO RECOVERYASSOCIATES,LLC FILED Not Applicable N/A 10/17/2018 COLOR OF FILE: BLUE Not Applicable 10/17/2018 COMPLAINT FILED; SUMMONS IS ISSUED Not Applicable 10/17/2018 CASE HAS BEEN ASSIGNED TO DEPT. 33 10/17/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 4/16/19, AT 7:00 IN DEPT. 33 10/17/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 10/15/19, AT 7:00 IN DEPT. 33
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