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Found 12 results

  1. I signed a consent by judgement not knowing what it truly was. I felt like they tricked me into signing based off of the phone conversation, saying that if I made a direct deposit that day they will dismiss the case. As well as the time frame it was sent and the verbaige of the cover letter attached with the consent. Is there anything I can do to get this voided, thrown out? I have a hearing today. I should have found this forum sooner. This verbiage was on the cover letter of the consent and it really confused me: “Should you fail to sign and return the enclosed consent, this
  2. I am helping my husband with his Merchant credit adjusters case. The first time he heard of this company was in the form of a summons. The summons contained petition, letter from original creditor for the assignment of debt, affidavit from the original creditor, a copy of what I'm assuming is the last bill, a copy of the credit card agreement signed by my husband and an affidavit pursuant to service member civil Relief act (he is not military). With all this evidence I believe my best course of action would be to dispute the evidence in the summons but I am unsure of how to do so.
  3. My Missouri company was incorrectly named as defendant because of a similar, but no where near exact, corporate name. We have filed a motion to dismiss but it will not be heard until the time to respond to the summons is over. I am trying to do this pro se instead of paying hundreds if not thousands in legal fees. Is the time to respond to the summons extended because of the motion to dismiss or do we still need to respond by the summons date even though the suit is against the wrong company? Thanks for your assistance.
  4. Title poses the inquiry, what is the statute of limitations on retail accounts in Missouri? My various google searches for answers provide nothing concrete, as I get different answers from different results. (Store cards, like Lowes, Best Buy, Jareds etc?) Sterling Jewelers, through an attorney, (owning brand of Kay, Jareds and a few others) purportedly contacted me today via phone through a mitigation firm (whatever that is), with a number to call and a file number to give in regards to a delinquent account from 2010 threatening civil action. They did have some personal information, howev
  5. Missouri resident. OC were 3 credit cards. I tried to work things out a few years ago but could pay nothing. They sold the debt, a few different times. Cavalry ended up with it. I am now in a better place financially, was gathering funds and trying to prep my tax return to call and make an offer. It took longer than expected. I have since received letters from the attorney for a law firm representing them. Questions: I can sum up the questions as: “What do I do?” but more specifically….. 1- Is this when they truly become litigious, or is this another bargaining tool? 2-
  6. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gamache & Myers 3. How much are you being sued for? 1671.41 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 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) wi
  7. I have a question about Missouri's somewhat confusing statutes of limitations on the collection of credit card debt. RSMo 516.110 states: Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property; While RSMo 516.120 states: Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited; My question: which
  8. I sent a Request for Production via paper format to the Plaintiff and they sent back a general objection citing MO Supreme Court Rule 57.01 that is had to be sent in a common electronic medium.... My questions is do I send the same request to the Plaintiff and copy the court again? There has been one court date since I filed the request and the plaintiff never mentioned the object to the request. Appreciate any thoughts on the matter. Court date is 9/27.
  9. Lots of case law and statutes. Limit is 9% interest on account stated if they can prove it. Author is a Missouri Consumer Atty. http://www.lsmo.org/sites/lsmo.org/files/Account Stated CLE slideshow 10-22.pdf
  10. Very interesting on how quick cash places sue you http://www.cwebnews.com/business-news/finance/265747-when-lenders-sue-quick-cash-can-turn-into-a-lifetime-of-debt.html
  11. 1. Sued by Midland Funding via Joseph Andrew Terry of Gamache & Myers, P.C., St Louis, Mo 2.Served in person by process server 3.Complaint filed 4-16-13, 13th Judicial Circuit Court, Boone County, Missouri 4.O.C. GE Money Bank 5.Claims: Count 1. Suit on Contract 1. All times pertinent therein, Plaintiff was at all times relevant herein a A LIMITED LIABILITY COMPANY, duly organized and existing under law. 2. Plaintiff is the holder of a valid assignment of an account which originated with GE MONEY BANK with an account number ending in *************. 3. Defendants is/are resident of BOON
  12. I have an old CC debt that is now supposedly owned by Cavalry. The summons I received has zero affadavits attached. In fact, the only attachment is a copy of terms and conditions from the CC company. The lack of any supporting documents with the complaint pleading makes me suspicious about their ability to back up their standing. Anyway, I can't afford to have this go to court so in the end I've got to pay them what they'll settle for[1] before trial. My question is this: Is a strategy of going ahead as if I were willing to go to trial to get them to settle for a lower amount a good