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Found 8 results

  1. I couldn't find my old post, but a little background: I am being sued by LVNV funding and am currently in a court mandated arbitration. Here is my case information: 1. Who is the named plaintiff in the suit? LVNV Funding. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.). Mandarich Law Group LLP 3. How much are you being sued for? >$15000. 4. Who is the original creditor? (if not the Plaintiff). Navy Federal. 5. How do you know you are being sued? (You were served, right?). I was served. 6. How were you served? (Mail, In person, Notice on door). In person. Home. 7. Was the service legal as required by your state? I think so since I was at home. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? Clark 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). Can’t recall, 2021? 11. When did you open the account (looking to establish what card agreement may be applicable)? 2012 I believe. 12. What is the SOL on the debt? To find out: 4 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). Suit served and I’ve already filed a response. I am not in court mandated arbitration. It is not JAMS or that other organization, but Nevada’s version called ADR Alternative Dispute Resolution for amounts lesser 50k. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 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. 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? Already responded and have attached the claims. 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. 18. How did you find out about this site? Lots of googling. Since I am going through the actual arbitration process I was hoping there were examples or guides that are similar to what I have read up on the lawsuit side. Here are some examples of what I mean below. I would appreciate any assistance possible. Also, I just got a notice that I have an early arbitration conference this week. I already struck out the arbitration list and I currently have a pro consumer lawyer as an arbitrator since Mandarich did not bother to submit the arbitration strike list.
  2. i am participating in my first ever mediation with an OC that is known to follow into ARB with an unlimited budget. What can i expect in mediation? What approaches should i consider? My desired outcome is to settle for nothing and be done with the matter or to move that conversation to AAA and out of the court. I am not in a financial position to settle and will have the tax returns to prove it. But again, I would rather have that conversation in arbitration. Also I am not interested in having this take 4 hours, especially since the entire mediation is being offered at zero cost. looking forward to some helpful feedback.
  3. Hello all, I have a few questions and appreciate any help! In November of 2020, I was sued by Midland Credit Management for unpaid debt of under $2500. This was a debt from PayPal Credit. I used a company called SoloSuit to help prepare a response. There was no response from MCM and then in late September of 2021, the court filed a motion to dismiss. MCM filed a request for good cause which the judge granted and a request for mediation. I now have a court ordered mediation which MCM is supposed to arrange. My questions - Will I be contacted regarding the mediation date by the court or by MCM? They keep calling me still and I do not answer. I know because I am in Florida, I have to file an MTC. Did I waive my rights to do this by filing an answer? Can anyone give me guidance on what I should say during meditation? If any additional information is needed, please let me know. Thank you all so much!
  4. The big things that stand out to me is PRA has made little to no effort to contact me by phone or snail mail. The notice to appear has a hand written date of early February yet it was dropped off at the door (not handed to anyone) weeks later and dangerously close to appearance date. I'm not sure if the process service requirements of my state were met or what I can do since it would be my word against the server.. No one signed, no person received it, it was just left at the door yet. When researching the case the agent reported some fictitious female name as who he left it with. The sole inhabitant is disabled and unable to answer the door. Weird stuff about the accused debt is that the card was not used so the last payment date pre-dates the purchase. The only other thing that stands out to me is in the counts, PRA states CITIBANK and I the defendant agreed to the resulting balance for the account.. Which I absolutely did not. I'm assuming they can make that statement by default to non-payment or a lack of correspondence on my part at some point? In any event there has been almost no attempt by anyone to contact me regarding this alleged debt. I've been doing research on the whole thing and it's amazing how little time they gave me to prepare for this.. Looking at the case history, they've been doing all this since last year. Only now, < 3wks from the pretrial mediation date have I received my first notice of these proceedings and this case against me. I'm not sure what to bring.. Can I motion for things on the spot? Am I simply asking for more time to prepare? What can I actually do besides potentially mediate OR request a trial date be set. Anyhow, thank you to anyone who contributes any time to this matter. I've been out of work for almost five years now and taking care of two sick people for the better part of three.
  5. Good evening, Not sure of how to proceed but I have spent sixty hours scouring the website for information. Asset Acceptance is using MACH&JOH out of Denver to sue me. I was served March 10, 2104 at my house at X pm. Told to be in court March 24. I studied everything on website related to me. The complaint alleged I owed $8992 plus attorney fees of $700 plus interest on debt at 8%compounded. I thought extra interest was illegal. I moved to CO 3 years ago to rebuild my life from losing everything in July 2008 real estate bubble in another state. I have been in CO 3 years no letters or anything. Asset served me without any letter of verification. I did not even recognize their name. The alleged account is Citibank Credit Card. Last payment was May 2008 I believe. I am still somewhat insolvent but working. I have no large amount to pay anything yet. I do believe in paying my debts when I actually can. I called Citibank they stated could not help me anymore told to see Asset Acceptance. I did have card with them years ago so will not admit. I asked the court and filed papers for indigent filing without payment and they took entire household income and is little over $1600 a month so I was denied. I had little cash in bank. I received court letter stating if I paid filing fee and answer would be considered in 7 days that was March 25 so paid April 1. I filed motion to dismiss and affirmative defense (lack of standing so thanks to all for that) (denied) and answer (accepted) I denied sections 2-3-4. I filed counter suit for $96 including case law (I do know how to IRAC a case from University work. SOL is 3 years in CO on contracts and could be 6 years on credit cards. Judge denied I paid on time April 7 and issued default judgment. I filed April 9 motion for court clarification/reversal as I had a court clerk paid receipt and asked judge to rescind striking my answer and plaintiff disposition papers. Today April 16 I got court letter stating court erred and defendant was correct so we are back at stage 1 filing and clock reset to April 11. I am now ordered by court to go to mediation or other ADR pursuant to CO CRS 13-22.311. This goes beyond my expertise. Order is dated April 11 2014 and I just got it today April 16. Consulted private attorney who wants $3500 cash to start so not happening. Box 1b is checked CO Judicial Department office of Dispute resolution i.e. private mediator and so forth. Box d states a party has a right within 10 days of April 11 so April 20 deadline to file motion objecting to mediation or ADR and compelling reasons for mediation not to be ordered. Item 5. All parties are ordered TO APPEAR and participate. Failure to appear has consequences. I assume Asset will want a phone conference. Additionally people you can send a regular letter through USPS for .47 as long as letter included stating you served the plaintiff to court include that also. I have filed a complaint at FTC and Consumer Financial Protection Bureau for not sending verification letter and including the case law and fine $1000 I request in my countersuit also. Question: Not sure how to proceed ProSe from this point and thinking of talking to Judge XXXX who is a certified judge mediator as I have a right to choose. Also hearing will be in my town. Just not sure how to proceed from here. Who initiates and I chose no contact from Asset except by mail or certified mail. I have read they can be very dishonest. Not sure what Asset will do. I have not paid anything to Asset and had them removed from credit report as owner of alleged debt. Thank you for any help. Awesome website and knowledgeable folks.
  6. Here is my original post, but since this is slightly off topic, hoping to get a general idea of what I should say tomorrow during mediation. http://www.creditinfocenter.com/community/topic/321089-they-responded-to-my-request-for-production-feeling-overwhelmed/ JDB will be participating by telephone. If anyone has sat through a mediation, please let me know what you said and how it went. I don't want to "reveal" all of my cards that I am planning on using, still working on providing disclosure statement, answering requests for admissions, and interrogatories. So as of now, the JDB hasn't received these. So, should I just sit there and say, "They haven't proven standing on this debt" or should I fully participate and offer them $10, and go up by increments of $1 until I reach $25 or what? I mean, I am totally down for settling for $25 Thank you!!
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