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Found 18 results

  1. I hired a lawyer to represent me and to try and have 2 small collection accounts owned by different collection companies removed from my credit report. Both of them I could pay in full if required and my intention are to negotiate the best deal that improves my credit score. One company has told my lawyer that they do not remove record of collection from the credit report, and the other has not responded to my lawyer yet. I am wondering which scenario would be a better option for my bank account and credit score which is in the mid 600's right now. 1) Ask my lawyer to negotiate ha
  2. 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?
  3. Good evening, I'm so glad I found this forum and hoping I can get some insight on how to handle this legal issue. I just received a priority letter (attached) from Discover stating that if I do not contact them by April 30th, they will obtain a lawyer to collect. The $3,000 debt has incurred fees and is now sitting at $3,600. Last year prior to having no choice but to let the debt go, I had an automatic payment plan setup for $60/month which was fine for a little over a year until I had medical problems. I knew that would be out of work soon so I picked my poisons and decided to pay of
  4. Soooo. This is my arbitration clause. If I lose in arbitration, am I liable for all of the arbitration fees and everything else as well? Or just the amount they say I owe in suit (around 3200)? Just confused. According to what I could find on the barclaycard website the card agreement does indeed have an arbitration clause. I have included it below. It seems contradictory though. As I understand it they agree that they cannot/ will not be able to charge me for any fee that they accrue during arbitration? So worst case scenario I am required to pay off the full amount of the suppised debt.
  5. Hi all, I am asking for assistance as I do not know what I am doing. I am being sue for $3500 from midland funding over a debt that they purchased from a Barclaycard. I have tried to negotiate with them over the past week, but I only have 20 days to reply to the court with my answer regarding this case. All of the settlement options that they are suggesting are unrealistic for my current income (my partner just left his job and I am paying for both of our bills). Should I turn in an answer just I case we aren't able to settle in time? can someone help me write the answer? how to I get a
  6. First of all, Thank you for any and all assistance. I recently recieved a subpoena notifying me that I am being sued by Portfolio Recovery Associates. I have never been issued a subpoena before and have no clue what to do. I am panicking. I have attached the first 5 pages of the subpoena. The other documents included are sell of the debt and a credit card statement from 08/2012. If I need to include those, then I will. The documents have been edited to remove personal information (name, address, case number, ect.) If needed, I will PM you. Thank you again, redd4949 Here is how it r
  7. I am at impasse with a debt collector reporting on my credit report as the current owners of an alleged old second mortgage debt. A few years ago the last supposed owner of this alleged debt was unable to validate it so it came off of the credit report. This was prior to my becoming a citizen of Texas. Green Tree now pops up claiming to own the debt on my credit report and it looks like they have been reporting it since March of this year. Before educating myself with TFC 392, I requested validation through the credit bureau website thinking there was no way they could validate it because the
  8. Hi all, I'm a new user here, and new to all of this, (hence my user name) so please forgive my ignorance, because I'm sure there is a lot of it. Anyhow, I'm in Southern California, and about two weeks ago, a man came to my house and wanted to give me papers. I never identified myself as the person they were looking for (nor did the words "served" or "you've been served" ever come out) and the man just dropped off the papers and left. Now I spent the last two weeks doing research on what to do (I don't have an income but my wife does, we don't own our house nor our cars, no really significa
  9. Great NY Times article on how to become a lawyer's apprentice, and then a lawyer in many states without going to law school. A fascinating part of the story is, John Adams, Chief Justice Marshall, Abraham Lincoln and Thomas Jefferson never went to law school. They all learned the law as a "lawyer's apprentice." Please see: http://www.nytimes.com/2014/08/03/education/edlife/how-to-learn-the-law-without-law-school.html?action=click&pgtype=Homepage&version=Moth-Visible&module=inside-nyt-region&region=inside-nyt-region&WT.nav=inside-nyt-region&_r=0
  10. Hysterical deposition! http://news.yahoo.com/blogs/sideshow/surreal-exchange-during-legal-deposition-recreated-by-new-york-times-165531130.html
  11. I am being sued by a lawyer for a JDB and have a few questions. On the Summary of the Pre-Trial Conference, the Judge marked that I have an additional 21 days to Amend my pleading. (I think he did this because I messed the first one up so bad.) Unfortunately, I sent in a second pleading, a little better than the first but still lacking, (after reading here, greatly lacking), my question is, can I file another pleading to replace the 2nd pleading? I still have til the 28th of Nov before the 21 days are over. Can someone give advice? Thanks, Lost
  12. I have a judgment granted against me from 2009. My bank contacted me and informed me the debt collectors subpoena my records and at the specific date on the subpoena they will turn the records over to the debt collectors. I called the debt collectors seeking a way to settle the debt, I was willing to do payment arrangements, but I am not comfortable with the fact they don't want to spell out in a letter stating at the end of the payment arrangement, the judgment is satisfied. The representative went into a bull spill about being able to levy my bank account….blah, blah, blah! I tried to
  13. I would like to post regarding my situation. I would appreciate any advice that can be given. I have recently been told that I have a garnishment that will begin in about a month from now. I was taken aback because I have been attending to my credit reports for the past couple of years very closely. I have fair to good credit scores and I never saw anything pertaining to bad debt. I began searching for what the issue was. I went to the court house where this originated. In the whole process I have found: A credit card was charged off in 2006The "placement manager" for the credit card company
  14. *UPDATE - UPDATE - UPDATE* Looks like Midland is requesting to dismiss the case! See Post #20... Ok, my trial is set for May 24, 2013 (Civil Trial Assignment). Seventeen days away. I've pretty much done things half-heartedly up til now - and now I'm a mess. Yes, my own fault in not attacking this thing head on. Today I tried to file a Graduated Sworn Denial on Account and the clerk said that "Never seen one of these before, this looks like an Answer...we can't file this" she had me confused when I left the courthouse empty handed and back home feeling downtrodden. Since I don't feel li
  15. The cause of action listed are 1. Account stated and 2. Money Lent Paragraph 1. The true names and cpacities of Defendents herin sued by the fictitious names as DOES 1 to 10, Inclusive are unknown to Plaintiff, who therefore sues those Defendents under, pursuant to, and in accordance with the provisions of Section 474 of the Code of Civil Procedure. Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities of Defendents named herin as DOES 1 to 10 have been ascertained. Paragraph 2 At all times herein mentioned, Defendants, and each of them, were age
  16. Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to p
  17. I was sued a couple months ago by a debt collector for unpaid credit cards. and hired a lawyer who said would take of it and would contact all the creditors to settle my debt (I paid the lawyer). However a Default judgement was granted against me and a different Credit Card case is about to be judged. I just received a letter that i'm in default for not responding personally or through a lawyer, who said he has entered on my behalf!! I don't know what to do. I've already paid my lawyer, but it seems like he's not doing anything. Its been almost 3months and all he says he hasn't received any re
  18. I have read so many different rules about collection agencies and junk debt buyers and their ability to report on your credit report. Ive compiled some questions below specific to my situation. If anyone can give me some insight, it would be helpful. Questions Regarding Debt Collection Accounts (Not w/ original creditors, sold to 3rd parties after charge offs) 1.) Are debt collectors allowed to make repeated hard inquiries to one's credit report? 2.) If a debt collector assigns an attorney to your account, can the attorney make repeated hard inquiries to your account? I've had a "frederic