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Found 10 results

  1. 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!
  2. My friend who this post has been helping on another issues with a JDB has now received a Right to Cure from Gurstel Law Firm for an alleged c.c. account from Discover which was dated 11/14/2018 and received 11/16/2018. Right to Cure deadline date is 1/3/2019. It also gives 30 days after receipt of this Right to Cure to request verification of this debt. (deadline around 12/15/2018). The amount of the alleged debt is $5,707.45. This will end up in State District Court if petition is filed as $5,000.00 is maximum for small claims court. We would like to call Discover customer service right away on Monday to see if we may be able to get 12 or 13 months of complete statements on alleged account to verify account and if it's his account we would like to get the last date a charge was placed on that card to properly figure SOL. According to the 3 credit bureaus this alleged account has a 1st delinquency date of 8/2014 and a charge-off date of 2/2015. If Discover doesn't provide us with statements or if they say they will send us statements which haven't arrived in a reasonable amount of time in the mail, we would then send the law firm pre-emptive filing via a DV request on or about 12/14/2018 stating the alleged account isn't ours, that we would like to elect private contractual arbitration in JAMS as Discover gives him a choice of arbitrators and request that Discover pay the initial $250 fee as outlined in their 2014 C.C. Agreement. We are doing this knowing there is a good chance that since this is a pre-emptive, pre-suit request for arbitration that we probably won't get an answer to our request for DV. This will however delay collection efforts. We will not be providing a c.c. agreement for 2014 as they should know what to use and we don't want to tip our hand anymore than necessary. Questions regarding above are: Would this prevent Discover from suing my friend until we get some kind of response, if any, from DV request of law firm? Should we include filled out JAMS paperwork that we haven't filed yet? Would it be a better choice to initiate arbitration and get a JAMS number, instead of just electing arbitration? Should the written request for Discover paying our JAMS fee be on a separate page or included in the body of the DV letter? If Discover ignores DV request for election of arbitration and JAMS closes file after 30-60 days can Discover file petition at that time then? If Discover is able to file a petition at that time can we do a MTC arbitration stating we tried to use JAMS per their c.c. agreement but they didn't respond, or do we go Federal Court to file at that time? Governing law in pricing schedule for Discover c.c. agreement is Federal and DE. In main agreement on same 2014 agreement it states Federal and DE, along with state being sued in regarding SOL issues. Should they be able to pick and choose when they can use governing law?
  3. My question involves an entry of judgement in the State of: Washington, DC Two 1/2 years ago a debt collector sued me for a credit card debt. We settled and a judgement was NOT entered. As long as I made $75 dollar payments a month until the payment was paid off, then debt would be resolved. Fast forward, early 2015 I was told my last payment was due on August 2015. I made my "last" payment in August of last year. Three months later I'm being sued and entry of default has been set against me because I didn't make the last two payments. It seems, that sometime between August 2015 and December 2015, the law firm that I originally dealt with and settled with, was sold to a bigger law firm. They, the bigger law firm, now want the entire amount. I tried explaining to them that I was told the last payment was in August but of course, I can't remember who I talked to. I also was never given a reminder that I was late on a payment. Anyway, 98% of my payments were made on green dot pre-paid credit cards. I learned from here to never pay debt collectors/law firms using your checks. The other 2-3% were made via money orders. I still have all of the green dot cards but because I didn't register my name and information, I'm trying to get them to send me records. Anyhow, I just received by mail, from the law firm, regarding the history of my account. The history shows the the first payment until the last payment which was August 2015. It CLEARLY shows - that I made all my payments every month with the exception of the last two $75 payments. I got a court date this Wednesday. Is there anything I can say to the Judge to avoid this to turn into a judgement? Thank you ....
  4. I am making monthly payments on a medical bill as agreed AND receiving letters from a collection agency for the same debt. Is this legal.
  5. I pulled my credit report and saw that Verizon has placed that I owe them $395 from when I left them in April 2013. It was a surprise to me; I thought I had paid them in full. I can't find records of where I did pay them, so, perhaps I do owe the money. I haven't had a blemish on my credit for a long, long time. This is the only bad thing on my report in 7 years. I don't recall owing them this much; I believe it was $325 when I closed the account and I thought I paid it. Never the less, if I'm wrong ,and I did owe them and didn't pay it, I never got any notice of it before now! I haven't moved since I closed the account either, and my phone number hasn't changed. But I digress.... Here's the situation. I called Verzon because the report on all three reports say "verizon wireless" and the status says "In collections", but it doesn't say with who. Verizon told me that it is with CBE group. I did some reading on this website before I called verizon, so I had some idea of what I was trying to gather information wise. The representative in Verizon's "collections/disputes" department told me she could no longer see any details of the account, only that I had an account and that I owed $395. She could not see why I owed this amount, could not take any payments from me, could not send me any copies of statements and could not send me anything that would validate that I owe that amount. At this point, she said, they handed it off to CBE group, and that they would handle everything from here. I called CBE group, the number she gave me. CBE group looked up my name, my ssn and the account number Verizon gave me. They can not find me. They stated they have no account for me, they show no record of ever having an account for me. How do I remove this from my report, then? I forsee the following problem. If I dispute it through the CRA's, they contact verizon - as the account is listed on my report as Verizon wireless, not CBE group, and verizon "verifies" the debt. If I dispute with CBE, they will say they don't have any record, but when I send this to the CRA, the CRA's will say, well, that's fine but the debt is from Verizon, not CBE. If I send it to verizon, verizon will say talk to CBE. It also looks like the validation letters and process are not for the orginal creditor to validate, but for collection agencies only. I don't know what to do from here. HELP!?!
  6. Hey guys, here is the background of my case...with some questions that I would like you people to throw some light on 1) JDB midland suing for 2500 dlrs sent me summons , I responded back denying with affirmative defenses 2) Did the discovery ( still awaiting reply from them) , responded to their rogs. 3) I asked them for proof of debt and they asked court for 90 days for it. 3) I did not counter sue, should I ? can I still do ? 3) Now I am nearing my first court date and would like to know if I am missing anything here? 4) What can I expected on my first court date , like what it will be like on the first date, questions judge can ask me or their lawyer can ask? 5) if their lawyer does not show up , how to go about motion to dismiss? 6) What are the next steps for after the first court date? what happens after that
  7. I will start from the beginning, but what I really need help with is strategy and Adm, Interog, and Document request information in Ohio. 1. Who is the named plaintiff in the suit? Midland Funding DE LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Westlake, OH lawyer 3. How much are you being sued for? $3,5XX.XX 4. Who is the original creditor? (if not the Plaintiff) Home Depot (accrording to the complaint) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Signed for mail 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint Summons and Complain 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None, nada, ziltch 9. What state and county do you live in? Erie County, Ohio Complaint states Huron County (jurisdiction and venue as affirmative defences on Answer) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I have no idea. I don't even know if this is mine. My husband retired in 2006, because of health (memory problems) and we paid off all debts that year. He says (hearsay big time, because I can't trust his) that memory) that "we signed up for the CC when Home Depot first opened." He might be right. I vaguely remember something about a discount for applying for a card when we replaced some carpeting. I DO NOT remember ever using a Home Depot CC 11. What is the SOL on the debt? See above 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or ( b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). A. Served w/attached cc statement B. My motion for a more definitive statement C. Midland opposition to motion (lawyer sent me a bill of sale from OC to Midland dated a year before the billing statement sent with the Complaint) D. Pre-hearing -- judge asked for more pleadings on motion. Asked, "Did they send you anything?" I answered, "no. Nothing that shows that this is my debt, or that I owe Midland anything." He asked, "is there anything with a signature?" I said, "nothing with my signature." Judge had a discussion with the local lawyer that showed up (not the named lawyer; surprised to see me) about time needed for disposition. Result was 45 days for disposition, discovery to be complete and all documents and witnesses to be declared no later that 15 days before court date. Trial set for Halloween. E. Filed Answer F. Lawyer filed motion for more time to file SJ. G. Judge: No H. I received some documents: Plaintiffs Combined Interog, request or admissions and request for production of documents This is what I need help with. It is convoluted. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, and when I tried to get a free credit report the website is down. Weird, because I refinanced my house in July without any problem. 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. I didn't get anything from them, MCM, until July. The complaint was filed a month earlier. 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. They received an email from me today demanding an electronic copy of the request (Ohio law). I have "twenty-eight (28) days after you receive them." This was filed with court. Do I have 28 days from they day that they sent this, the day that I received this, or the day that they get an electronic copy of this to me? 16.We need to know what the "charges" are. Please post what they are claiming. Should see something like Common counts, account stated, breach of contract, open book, account, unjust enrichment. Again, sort of convoluted. I read it as account stated. 17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. No. Summons, Complaint, cc statement and cc page 2 of 4 of something that looks like what you would see on the back side of a cc statement, but not legible (the print date at the bottom is Dec. 22, 2011). 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? Yes, Need help 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A is a cc statement 2 other document sent with their Motion Opposed to Definitive Statement: a computer read out (it has a phone number that is not mine), Bill of Sale signed by a cc employee (date is earlier that should be, sold the account before default) Comments? Need more information? How should I approach this? Thank you. This site has gotten me this far. I have not yet figured out how to send my own requests, so any suggestions would be helpful.    
  8. Hi, I am from Los Angeles, California, the court location is Chatsworth. Can anyone with California 's knowledge please tell me.. Questions about case management conference and / statement filing: JDB filed the Summon past mid June 2013. Orginal trial set was next June, but Judge moved that to November 2014. Can anyone please tell me,.... How do I find out the Case Management Conference date? ( I was told it's about 6 months after the Summon, correct? And ...I need to submit a Case Management Statement to both the Court and Plaintiff, correct ? ( is it at least 15 days from the Conf date?? Thank you.
  9. I am posting for a co-worker. She was in the hospital for kidney infection while pregenant. The bill was $28,000 and insurance only covered 90%. She tried to work it out with the Hospital but they got rid of the Debt and now PISA is sending her the bill. They called her and told her that they were collecting the debt and she needed to pay it off immediatly. They also informed her that she could just use her Credit card that has $XXXXX creidt available on it. She told them no and has sent off at least 2 $100 checks to them. I informed her to stop what she was doing and I would get her some help on this. My main question is did they pull her Credit illegally to gain the info on her credit card and its limit? She is going to be pulling her reports in the beggining of June to see what they are reporting. I told her to see if there was an Inquiry from this CA. I have also directed her to this site and am trying to give her a hand on getting this sorted out. What would yall sugest she do in the terms of letters being sent off? Thanks, Dwright19
  10. First I want to apologize for the length of this post, however I want to provide as much information as possible to get a correct answer or insight or help to my situation. On 7/3/2013 at approximately 6:30pm I was served a summons with notice from a constable for an alleged debt that I owe in New York State. This summons is from the Attorney Generals Office Civil Recoveries Bureau. It states that I have 20 days to appear in this action by serving notice of appearance on plaintiff's attorney. It further states the following: "Take notice that the nature of this action and the relief sought is to recover damages for overpayment of financial aid, OR unpaid charges, OR room and/or board OR fees OR fines. for the Spring and or Summer of 2008. The amount sought is a little of $2,000.00. It further states that this is not for any Student Loans or Guaranteed Funds. Ok - so here is the history. In 2006 I received what is called a living expense check from this college, which is a refund that I am entitled to once all of my education costs have been met. This was sent to me directly and I cashed it. In 2007 - Actually January 2, 2007 is when I first received any communication from the Attorney Generals Office stating that there was a mistake and demanding that I repay the college. I also received another letter on January 22, 2007. I did respond disputing this alleged debt. There was NO REPLY from the Office of the Attorney General for 2 years. In 2009 - April 12 & 28 I received letters demanding payment of alleged debt from one of their collection specialist. I again disputed the debt with them. In June of 2009 I received a summons similar to the one that I received on 7/3/2013 - stating that I had to appear in court. I disputed this summons as the constable left this summons on my roommates car in the pouring rain so it was never handed to me personally or left on my door. I called the Attorney General and stated that I was not served properly, so they sent a summons to me by regular mail and told me that constitutes "Legal Service". I sent my response to their summons certified mail shortly after. There was no court case or Judgment - I was not served any further papers. There was NO REPLY or communication from the Attorney Generals Office for another 2 years. In September of 2011 I then received a letter from the Attorney Generals Office which reads: Supreme Court of the State of New York, County of Albany State of New York, Plaintiff v. Me, Defendant. NOTICE OF DISCONTINUANCE -received by the Albany County Clerk 9/30/2011 at 11:31pm PLEASE TAKE NOTICE that, pursuant to CPLR 3217 (a)(1), the undersigned attorney for the plaintiff herein discontinues the above mentioned action without costs and without prejudice. Dated September 26, 2011. Yours, etc., Assistant Attorney General. There was no other communication from them until August 29, 2012 - when I received a letters stating that I owed them $3,347.45. I did not respond to this letter (which is my fault). There was no further communications from them until July 3, 2013 which is when I received the summons and notice. Now this is my perspective on the whole situation and maybe my defense. I am going to write them a letter sent CMRRR demanding a complaint, which I have never received. I am also thinking about asking for the check that I cashed back in 2006. I am going to dispute the amount that I owe as they can not come up with one sum that matches. My biggest defense with this is that they are saying it is from the Spring and or Summer of 2008, however I have proof that my first communication from them regarding this debt was in January of 2007 - so with that being said I believe that the Statute of Limitations has expired on this debt since the statute is 6 years in New York State, and since I am actually a Pennsylvania resident the Statute here is 4 years. There is no way I can make the trip to Albany NY to appear if is 400 miles which is almost an 8 hour drive for me. I do need some help if there is any out here, what do I do next - do I have a chance at all of fighting this? The college messed up not me.