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  1. Hello all, I have a dire situation that I have created through my gambling addiction. I have gotten help with my addiction and am clean for 85 days now. I have stopped most of my payments since November of 2016 and have therefore been able to negotiate these terms in the past 2 weeks, please review and any feedback on the negotiated rates or amounts is appreciated. Here is a summary of my debt: Creditor Name Current Balance Monthly Payment Notes Disover Card $2,333.33 $42.00 - Negotiated a 5 year payment plan @ .99% at $42.00 per month (was $65.00 a Month @ 23.24%) Chase Card 0872 $2,640.41 $53.00 - Negotiated a 5 year payment plan @ 6.00% at $53.00 per month (was $56.00 a month @ 15.24%) Chase Card 6214 $3,006.80 $60.00 - Negotiated a 5 year payment plan @ 6.00% at $60.00 per month (was $69.00 a month @ 18.24%) Care Credit $3,500.00 $90.00 - 0% interest for 18 months Paypal Credit $3,500.00 $100.00 - 0% interest for 12 months CitiCard 0534 $7,214.54 $123.00 - Negotiated a 5 year payment plan @ 0.00% at $123.00 per month (was $176.00 a month @ 28.99%) CitiCard 1857 $8,305.54 $141.00 - Negotiated a 5 year payment plan @ 0.00% at $141.00 per month (was $192.00 a month @ 28.24%) Bremer Bank $8,110.83 $155.00 - Negotiated a 5 year payment plan @ 4.90% at $155.00 per month (was $190.00 a month @ 24.24%) OneMain Financial $8,984.48 $157.51 - Negotiated a 6 months payment plan @ 14.28% at $157.51 (was $314.89 a month @ 21.94%) Wells Fargo $13,042.56 $339.28 - No Option to negotiate - Car Blue Book Value is $9,670.00 Lending Club $16,779.00 $804.53 - I have a settlement off of $12,812.53 (I have declined this offer - account is 80 days past due) Prosper $17,050.84 $641.25 - I have accepted a settlement off of $641.25 per month for 12 months ($7,695.00) or approx 45% settlement. Bank of America $25,552.67 $539.14 - No Option to negotiate - Truck Blue Book Value is $18,560.00 SoFi $33,810.86 $604.56 - No Option to negotiate - Terms are 10.88% for 72 months Freedom Mortgage $189,114.01 $1,414.92 - No Option to negotiate - House appraised at approx. $210k Total: $342,945.87 $6,636.81
  2. Hey everyone! I came across this website in my googles and have spent the past 2 days reading up on A LOT in this forum, for which I am eternally grateful for! All the knowledge and help that have been provided has been weirdly comforting to me, knowing I'm not the only one going through this, so thank you all so much! Despite that though, I'm still feeling very anxious, nervous, and uncertain about this whole process, it's the first time I’ve ever had to go through this, so any guidance and advice on how to proceed would be tremendously appreciated. I've filled out & included the questionnaire below but am including my general inquiries here to get right down to it. So, first things first, I wasn't personally served with the summons, my father received the summons and complaint for the suit since I wasn't home at the time, so I believe that means I have 30 days to file an answer. I set an appointment to file my answer for tomorrow morning but I will be pushing that back to give myself more time to be more informed and see if I should file the motion to compel in order to begin the arbitration process instead. I was using LawHelpNY to formulate my answer and, during the walkthrough, was asked about how I was served and, apparently, I was supposed to receive a mailed copy of the summons in the mail since it wasn't given to me directly, but haven't received anything like that. It said I wasn't served properly as a result, so, just for clarification, does that mean I can claim I wasn't served correctly in my answer? Would it be correct to claim that even? Aside from that, I wanted some insight into what else to include in my answer. I wonder if a straight denial is out the question, or should I dispute specific allegations within the complaint? I can claim three things to be true as far as the allegations are considered: my name and address are correct, I recognize Lending Club as the original creditor, and the transaction took place in NY. So, if I proceed to claim lack of knowledge for the other allegations, do I have to defend why that is? For the most part, I am not sure what the amount left to be paid was for the loan, nor do I recall the account number, and I've seen that I could claim lack of standing because I've never directly done business with Velocity Investments themselves. Is that the case here? Could I claim lack of standing with Velocity? That's where my confusion lies with this truth vs. denial business. Any light that can be shed in how I can formulate my answer would be tremendous help for me, I would so appreciate it. I just don't want to screw anything up and get ahead of myself here. As for arbitration, is it really the best route to take? (I pasted the arbitration agreement I could dig from LC below for reference.) It's incredibly intimidating to me, so I'm wondering, if I go down this road, do I have to hire a lawyer? I'm unrepresented at this point in time, but I've consulted 2 different lawyers, but they told me what I already know through my google searching, so not sure if I should really bother with one at this point. Of course, it'll be beneficial but I'm unemployed at the moment and strapped for cash, which is why I'm even considering arbitration to begin with because I don't think I can settle, so I really don't have the means for a lawyer right now. Also, would it be worth to try to negotiate and reach out to them to see if something can be done? Will that need to happen before I file my answer and/or MTC? And any guidance as to what to include in my MTC and how to draft it (as per NY rules) would mean the world to me! I'm incredibly sorry for the long post, but I wanted to be thorough here, so, if you made it this far, you're a saint, thank you! I appreciate any and all responses, thanks for taking the time to help me out! I appreciate it so much! ___________________________________________________________________ 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.) Malen & Associates 3. How much are you being sued for? $7600 4. Who is the original creditor? (if not the Plaintiff) Lending Club 5. How do you know you are being sued? (You were served, right?) My father gave me the summons that was delivered. 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I'm aware of 9. What state and county do you live in? NY, Orange County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2018 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2017 12. What is the SOL on the debt? To find out: 6 years 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). It just says Pre-RJI on the court site 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Through a credit repair agency earlier this year, yes 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, not personally, but I don't know if the credit repair agency I worked with did this. 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? 30 days, included copy of S+C below; No questionnaire included. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. 18. How did you find out about this site? Google ------- Arbitration Agreement: 21. Arbitration. RESOLUTION OF DISPUTES: I HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ME. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW. If you are a "Covered Borrower" as defined by the Military Lending Act (32 CFR §232, as amended from time to time) at the time of entering into this Agreement, this section 21 Arbitration is not applicable, you do not need to opt out of or take any action to ensure inapplicability. a. Either party to this Agreement, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 21 (the "Arbitration Provision"), unless you opt out as provided in section 21(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out of this Agreement, any Loan Agreement and Promissory Note(s), the Site, and/or the activities or relationships that involve, lead to, or result from any of the foregoing, including (except to the extent provided otherwise in the last sentence of section 21(f) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to WebBank, c/o Lending Club Corporation, 71 Stevenson St., Suite 300, San Francisco CA, 94105, Attention: Legal Department, which is received at the specified address within 30 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. c. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to customeradvocacy@lendingclub.com at any time, or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. d. If we (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We (or the subsequent holder, as the case may be) shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or the subsequent holder) pay them and we agree (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. e. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section 21(f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this section 21(f) shall be determined exclusively by a court and not by the administrator or any arbitrator. g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship of the parties and/or Lending Club; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or Loan Agreement or Promissory Note(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion of this Arbitration Provision other than section 21(f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 21(f) are finally adjudicated pursuant to the last sentence of section 21(f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. S+C (Velocity)_Redacted.pdf
  3. I'm at the end of my rope with this, so I apologize if I'm not following the proper format or putting this in the right place. I looked all over this site for a similar situation and while I found some posts that were very close in nature, I couldn't find anything that fully connected with what I have going on. I'm going to try to answer all the necessary questions as fully as I can without making this post into a novel. First off, I defaulted on a Lending Club loan back in 2017, so the debt in question is actually mine, however, when Velocity Investments picked it up and put it on my credit report (I believe) at the beginning of 2019, the amount owed was largely exaggerated and the dates of payment/nonpayment were incorrect. I tried to get in contact with Velocity Investments, but no one seemed to be in charge of my debt and my call kept getting transferred. Being a single mom in therapy for anxiety and panic issues, as well as agoraphobia and depression, I gave up on that for the time being, figuring that since it had just appeared on my credit report, I had time to deal with it later. Fast forward to mid-December 2019...at this point I was in my second week of a medical leave of absence through my employer, Amazon, after working in the warehouse for several months had exacerbated a previous leukemia-induced shoulder injury/joint replacement. I received a letter in the mail from Amazon stating they'd been court-ordered to garnish a specific amount of my income starting 12/2/2019. This was the first I'd heard anything about any of this and after a brief meltdown, I called the contact number listed at the bottom of the letter. The number belonged to Javitch, Block, and Rathbone, a law firm working to collect a debt, according to the recording before I was even connected to a person. I'm assuming this law firm has its own call center just based on the noise in the background and the general rhetoric that sounded like it was coming from a script. They were less than helpful, telling me only that I had to pay the debt in full in order to avoid wage garnishment. They wouldn't tell me why the amount owed was even more inflated than it had been, what the "specified amount" of the wage garnishment was, or anything other than, "pay the amount in full." After a few hours of panic attacks, online research, phone calls back to the law firm, and finally the clerk of courts (as suggested by a Javitch Block call center supervisor, along with my case number since nothing was coming up on the county website records search under my name), I found out I had been sued back in August of 2019. The law firm did send out two certified letters, one that came back unsigned and the other that came back with an illegible signature, according to the court docket notes. I also found out that the second letter that was signed, had been sent to the address a month after I had moved from there, so it had been signed by someone other than myself. If the law firm had been in contact with me prior to this, I could have given them my new address, but having no idea anything was going on, how was it my responsibility to update this info with them? From what I read in the court docket notes, it's blatantly obvious I hadn't received any sort of notice from them as I hadn't responded back to anything, however, the hearing was allowed to be held in my absence. Obviously, Javitch, Block, and Rathbone won since I wasn't in attendance to be heard by the judge, and the inflated amount of the debt was not only entered as what I owed, but they were also allowed to add 5% interest to the remaining balance at the end of every month, plus whatever extras the judge awarded them (at this point, my anxiety was over the top and I couldn't handle any more bad/unfair news on this front). There is nothing in the court docket notes stating they even tried to get me a copy of the final court documents, nor did they do anything to try to contact me by phone. So basically from August to December (when my employer contacted me) they collected "free" interest on an account they weren't even trying to collect on. When I called the law firm the day I received the letter from Amazon, the CSR (while she was in my account) asked if I still lived in Cleveland. I've never lived in Cleveland, nor have I even visited the city that it over 2 hours from my actual residence. How they got that is beyond me, but that demonstrates to me that they weren't interested at all in trying to get my actual address or call me via phone (which was still the same as it had been before I moved). So now they are garnishing my wages, taking 25% of my LOA paychecks, which are already at about 50% of what I'm used to making when I'm not on medical LOA. Previously, I'd tried to keep a month's worth of bills and Uber charges (I don't have a car, so I have to Uber everywhere I need to be, including to and from work when not on LOA) ahead in my checking account and at this point, I've gone through that, thanks in part to their cut of the pie. I did contact a lawyer who stated that he could probably do something considering they served the second notice (the one that was illegibly signed) a month after I'd moved from the address listed on the record, but he wants $500 before he can file anything with the court. With all that said, do I have any recourse other than paying this lawyer $500 to maybe be able to do something that I don't quite understand? All I knew for sure when I was speaking with him was that still doesn't seem fair considering Javitch Block has a history of not informing defendants of an upcoming lawsuit, thus winning their judgments by default. I never had any intention of not paying this loan, but I wasn't going to agree to pay such an inflated amount as Velocity Investments was claiming I owed and I needed to get myself in a better financial situation before I could set aside anything to pay on this loan. I could conceivably pay it off with my tax return this year, again putting off saving for a car and eliminating Uber charges from my list of monthly bills (which would ultimately free up more money that I could use to pay off this loan), but am I going to be stuck paying this doubly inflated amount all because Javitch Block neglected to do their due diligence in allowing the judge to hear my side? I appreciate any advice you can give me or any direction you can point me in. Working at Amazon (in the warehouse) is literally killing me, thus the need for a medical LOA at this point, but it's necessary so I can make enough money to support my daughter (for whom I get no other financial help), attempt to get a car and eliminate the Uber charges, as well as go back to school to add to my Associate of Science degree and be able to get a job making just as much money without the physical implications I have at Amazon. I really am trying to connect all the dots here, but I don't believe this is in any way fair or just and if I can get a valid legal point-of-view on what I should do, I'd gladly follow that and put an end to this anxiety and panic Javitch Block is currently causing me.
  4. 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
  5. 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Wold rather not say. It is a well known JDB attorney for CACH in Texas. 3. How much are you being sued for? $10k+ 4. Who is the original creditor? (if not the Plaintiff) Web Bank (Lending Club) 5. How do you know you are being sued? (You were served, right?) Served at my home 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent several letters. I did not respond. 9. What state and county do you live in? Travis County, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It is just within the SOL based on the alleged last payment. 11. What is the SOL on the debt? To find out: 4 Years (Texas) 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). Served, Discovery on both sides delivered. I have answered discovery and the suit with a general denial 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Nope 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. Nope 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I responded within the required time with a general denial. I did not use any affirmative defense. --------------------------------------------------------------------------------------------------------------- I am well on my way and have been reading as much as possible. The original petition was properly filed with a breach of contract claim. All that was included in the petition was a T&L statement. No contract. No account statements, no proof of ownership. The alleged loan is from Lending Club (WebBank) Plaintiff included a boilerplate discovery request with their complaint which I responded to within the required time. My response generally denied everything, punting the requirement back to them to prove their case based upon all the great information on this site. After filing my general denial I immediately sent the Plaintiff a Discovery request for Disclosure and Production. Essentially asking very specific requests for a contract, account info., 190.2 disclosures, 194.2 disclosures, chain of title, warranties, etc. It is now 9 days past the required 30 day response time for the Plaintiff to respond to my Discovery request and they have not responded in any way. My request is recorded with the court and I have a receipt for the registered mail delivery. I was planning on sending a request for admissions and interrogatory to bolster my case based upon the documents they produced but I am now leaning to letting it ride to see what they do. The Texas statue states they cannot introduce any evidence not produced in Discovery. Is this correct? I don't want to poke the Bear but also don't want to miss something. I am on top of the court filings so I will not miss anything. But essentially radio silence from the Plaintiff. Should I just wait at this point? L
  6. I've been posting about this Velocity (junk debt buyer) problem I have had for the past year or so. Prior thread: They finally sued me, probably in response to the letter I sent to them back in May of 2016. This suite is pretty sneaky. I was NOT served in any way, shape or form. More details below. I have LIMITED TIME left to respond, because I did not even know until today that I was sued late last month. More details on this below. I will update this post and this thread as I get more information from the county courthouse. It is night right now, so I can't call them or go down there. I'm not sure where the original blank "Help, I've been sued" questionnaire is located on this forum, so I copied the questions from someone else's thread, and put my own answers in: --------------------------------------------------------------------------------------------------- 1. Who is the named plaintiff in the suit? VELOCITY INVESTMENTS 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Faber and Brand, LLC attorney is Shoener, Esq, Jonathan L. 3. How much are you being sued for? Unknown at the time I posted this. I will have to go to court house to get documents. Possibly around $10k 4. Who is the original creditor? (if not the Plaintiff) Lending Club or Web Bank. Not sure. Appears to have been transferred once before Velocity got it. See documents I posted below. 5. How do you know you are being sued? (You were served, right?) Was NOT served. I received an automated response to my complaint to the CFPB saying that Velocity has not replied in a timely manner. So, I decided to check the County Court House website, and saw that I was sued 3 weeks ago. 6. How were you served? (Mail, In person, Notice on door) NOT served 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Does not appear so. as I was not served at all. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Sent DV letters, and filed various complaints with the state, CFPB, and Better Business Bureau. This has been going on for over a year. See my prior thread here: http://www.creditinfocenter.com/community/topic/326145-lendingclub-debt-is-it-a-promissory-written-or-open-ended-debt/ 9. What state and county do you live in? Washoe County, Nevada 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 06/2011 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 4 years IF they cannot come up with the actual loan agreement document 6 years if they have with the loan agreement (promissory note). Nevada Revised Statutes on SOL: http://www.leg.state.nv.us/nrs/nrs-011.html#NRS011Sec190 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). Answer Due [160723 Edit: based on new information from the county court clerk's office, reviewing the rules of the court, and this forum, at this time I have not been served so no answer is due. Nevada law says that they must serve me within 120 days of filing. They cannot serve me "electronically" or through the court eFile system. They must serve me with a process server or sheriff. If they get near the 120 day deadline and have not been able to serve me, they can file something with the court to request permission to serve me through local publication. Once served with a summons, I have 20 days to respond. ] 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 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. Yes [160723 Edit: More on this in a later post, but I may have them on one or more FDCPA violations regarding debt validation] 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Unknown. County Court Website is not much help here. [160723 Edit: 20 days] 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No summons received. Nothing at all received. All I know at this moment is the county court website shows the suite was filed in late June and I believe I have only a few days left to respond, assuming the 20 day rule applies. I will update this post and this thread when I found out more information. [160723 Edit: I now have a copy of the complaint. With it are the following: 1) Affidavit of Account signed by a Velocity employee and notarized (Velocity is NOT the original creditor) 2) printouts from the original creditor website that they are attempting to pass off as the original agreement 3) Bill of sale from the original creditor to Velocity (seems to be the "edited for the public record" version, and certifcate of sale from a Bank to LendingClub. I am posting the redacted versions of these documents below]