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Found 13 results

  1. So...as of recently I believe the debt (disputed) a JDB...Portfolio Recover Associates...has been trying to collect is time-barred. Periodic correspondence over the past year (!) has requested PRA provide proof of origination of claimed debt, a full payment history, etc. Each communication has stated clearly that the debt was in dispute and not acknowledged as valid. At one point a complaint was also filed with the CFPB for misleading correspondence from PRA. It was also made clear that the response to any type of filing would be a request for arbitration per the alleged agreement. Whatev
  2. First off, thank you to everyone who provides info on this forum. I never would have gotten to where I am with my defense against Midland Funding. I'm being sued by Midland Funding in MN civil court. They filed a motion for summary judgment and the hearing is next week. I did not file anything during discovery and instead elected to elect arbitration with AAA (alleged contract with Citibank NA states AAA is only option). At the same time I filed a motion to dismiss/compel arbitration. Anyway, the firm representing Midland was served properly and with enough notice and the motion hear
  3. I received a court summons in the mail today. It was for a credit card I had a few years ago through Synchrony Bank that ended up being charged off in November, 2016. Midland Funding LLC apparently bought the debt, and is now going to sue me for the $1,400 balance, plus court fees. The total amount they're asking for is $1520. Honestly, I had forgotten about this debt after it got charged off. I would love to be able to just pay it off, but I just don't have the money right now, and wouldn't be able to come up with it before the court date. I don't even bring home $1,500 a month, because
  4. Hi there, thank you for taking the time to check this out, Last week I received a 'summons' from Midland Funding LLC by a courier for a debt they say I owe them. Just today they sent another copy of the 'summons' in a letter that came through the mail (USPS). After quite a few Google searches which linked me to a lot of posts on this forum I decided to start my own thread since I believe my issue may be a bit different than the others I've read through. If it isn't something totally 'new', I apologize but I could use help still! Some more of the story: Last week (Ap
  5. 1. Who is the named plaintiff in the suit? EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF Chase Bank USA, N.A. (WAMU) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch, Sturm, Israel, Enerson & Hornik, LLC 3. How much are you being sued for? $12,500 4. Who is the original creditor? (if not the Plaintiff) Providian - Washington Mutual - Chase 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) Personal service. 7. Was
  6. Hi all, I'm new to this forum, have been reading other debt/credit forums for years now. This is long, and I apologize, but there's a lot of specifics. I'm in search of some very specific answers that require some understanding of Minn*eso*ta law. I cannot find clear answers to these questions in the Rules of Procedure. Approx. a year ago I was served (pocket service) a Summons & Complaint by Pe*zz*uto Law Firm, representing C-a- c-h LLC, who had purchased a debt from US Ba_nk (amt appro. $6500). I hired an atty listed on NACA, who drafted my Answer and submitted it to Pe*zz*uto withi
  7. Today I just realized something. As I wait for the green cards to return for my JAMS Demand for CACH and their attorneys, for the shady dealings associated with their judgment victory over me, I have a victory of my own: I now have NO DEBTS that can be successfully sued, if I fight back, even a little. The two remaining ones, another CACH and a Chase, are both out of DE SOL now, and MN's borrowing statute is pretty strong. YAY! I can tell any collectors to FOAD. Some sweetness is good, yes?
  8. I just called the courthouse, and the "closed administratively" entry from yesterday was a granting of the MSJ. Now, I will need to appeal. Too upset at the moment to do anything but be upset, so will look up costs of appeal, and get funds out of joint account. EDIT: Jeesum. Just to file the appeal is $550. WTF.
  9. Here is a link I found while researching issues on my case: http://www.volunteerlawyersnetwork.org/files/Motions%20to%20Vacate%20Default%20Judgments%20Tips.pdf Mine isn't default, so it's not too helpful for me. But for too many people, default is their first notice that they've been sued.
  10. Just got off the phone with the scheduling clerk at the courthouse. I have a date for my Motion to Compel to be heard. What's interesting is that the attys for CACH opened the case--hours before I got to the courthouse to file my motion--but have filed no paperwork, nor have they requested any hearing, etc. The clerk was a little confused. Why would I want to schedule a hearing? It was gratifying, though, to have her say, at the end, "Sounds like you have it under control." Yeah. Because of good people who are willing to share their experience and knowledge! The other good news? I can se
  11. Searching the internet for a way to oppose the Summary Judgement that LVNV has filed against me and hoping that anyone out there can point me in the right direction. Included is the: Motion Notarized copy of Plaintiff's Affidavit in Support of Summary Judgement An account summary generated by LVNV showing that I apparently made regular payments to them between 12/30/2009 and 08/30/2010 A generic Citibank Assignment and Assumption Agreement, Bill of Sale, that does not mention me or the account. An apparenly notorized Affidavit of Transfer from Sherman Originator LLC to LVNV Funding
  12. Think I posted this in the wrong forum originally, sorry! So I have spent literally 40 hours + reading all the amazing information on this web form (and a couple others) and decided that I am going to start a thread for those of us in Minnesota (pocket docket cluster F) and my experience in particular with Asset Acceptance as well as to ask the community for some help. Cliffs: Old CC that was paid off, they never closed the account after paid in full Didn't catch til almost $1,800 in fees/non-payment penalties etc racked up Fought with Wells offered to pay debt less interest/fees *($900)
  13. Just got a second set of Request for Admissions and Interrogatories in the mail today. Request for Admissions 1-8 are requesting that I admit that I resided at my previous address and received mail at my previous address: 1. Admit that in August 2004 you resided at (my preivious address) 2. Admit that in August 2004 you received mail at (my preivious address) 3-8 states the sames thing with the date changed, August 2005, August 2006, May 2007. 9. Admit that between December 2009 and August 2010 you made eight payments to Plaintiff totalling $737.90. 10. Admit that the payments refe