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Found 15 results

  1. Hello, This forum is great. I've gotten so many great information from here and also wanted to share my progress. I am currently in ligation with a junk debt buyer, NDS, LLC. who is suing me for $42K in an unlimited civil case in California. Here is the timeline of how everything went down: Debt Buyer named NDS, LLC. sent me a letter for the first time on 10/25/2019 It said that they are now the owner of the debt. They stated that the account was charged off on 11/21/2018 and that they're charging 10% annual interest since the charge-off date.
  2. 1. Who is the named plaintiff in the suit? Me 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HHL 3. How much are you being sued for? >$2000 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank.. 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? FL, Yes. Process Service Requirements by State - Summons Complaint 8. What was your corresponden
  3. Zwicker on behalf of Discover Bank sued me for approx 11k in the county of riverside, superior court of california They only attached one credit card statement and no contract or application. I foolishly said i had an open account with them but denied all other actions. I served them discovery to them on 7/23/19 (admissions, interrogatories both special and formal) and documents Today is 8/12/19 and was served with motion for summary judgement with all credit card statements and a declaration from someone that claims they work for discover in New Albany, Ohio. Is the
  4. I have edited this post to include this introductory statement because there's a lot here and I feel it's important to read through this saga knowing ahead of time how it will end. You will see how much work and attention to detail I gave this case but it was not enough to come out on top. I lost in Justice Court when the Plaintiff filed a Motion for Summary Judgment (MSJ) and was unable to get the appellate court to reverse the lower court's ruling. Here is the thread for my appeal: http://www.creditinfocenter.com/community/topic/323330-arizona-lost-to-cavalry-on-msj-also-lost-on-appeal/
  5. Introduction: Sued by JH Debt Portfolio Equities, LLC (JDB2), debt purchased from Oliphant Financial, LLC (JDB1) whom purchased from OC (Capital One) Account and Debt are unknown to me (Pro Se Defendant) Responded to Petition with General Denial and Special Exceptions, requested Disclosures from Plaintiff (required multiple additional requests to comply to get documents) Responded to Plaintiff's Request for Admission with Denials. Current Delimma: Plaintiff (JDB2) filed Motion for Summary Judgment. In the motion the Plaintiff specifically refers to Bussiness Reco
  6. Ok! Just came back from hearing on my Motion to Compel Private /Contractual Arbitration was DENIED! After the attorney barked for 15 minutes saying I could not claim anything from a contract a denied having, the judge agreed and said she could not grant me my motion because I denied on my affidavit having an account/contract with Portfolio Recovery Associates or its "assignor" Synchrony Bank (old navy credit card). What is next? Is it to late to file MSJ to get the case dismissed? Here is some background: Being sued by Portfolio Recovery Associates (Synchrony Bank - Old Navy Credit Car
  7. For anyone not familiar with my case, you can read up on it here: http://www.creditinfocenter.com/community/topic/321144-sued-by-jdb-cavalry-in-arizona-lost-on-plaintiffs-msj/ The short version is Plaintiff filed an MSJ in August of 2013. The court denied that one. I filed a MSJ in February 2014. In response, Plaintiff filed a cross-MSJ with the same arguments from their original MSJ (that was denied) but the cross-MSJ was a much more brief version thank the original MSJ. The court granted their cross-MSJ. So that is where I am. I do not have a final order of judgment yet, but I will
  8. I just received a Motion for Summary Judgement for Audit and Adjustment Company in King County here in Washington State. The MSJ is being filed under Rule 56. It looks like it was filed 9/19 and I just received it a couple of days ago in the mail. The date of the hearing is this Tuesday, 10/7. I was not served, and there is no complaint. The plaintiff was kind enough to send me a copy of rule 56. They have also attached some copies of what appear to be past statements and a declaration of assignor in support of plaintiff's MSJ. That was signed on 12/30/13 and looks like it was signed by
  9. I would like to solicit opinions/answers for a few questions I have about the form and substance an opposition for summary judgment should take and, if possible, get a pointer to the rules of court that your opinion is based on. If your opinion is based on practical experience, that's fine. This is Maricopa County Superior Court The action is civil First; are the Memorandum, statement of facts, and affidavit all one long document (using sequential page numbering) with headers (like this) MEMORANDUM OF POINTS AND AUTHORITIES 1 blah blah 2 More blah STATEMENT OF FACTS 1 blah 2 blah
  10. Hello All, Hoping I can find some info that I couldn't find in a search on the forums. Here's my situation: Bank of America/FIA Card Services Rec'd Summons Replied and went into Discovery portion. Had a deposition Answered Interogetories / Sent them as well They never answered - it's been over 6 months Yesterday rec'd Motion for Summary Judgement. My question is (as I've been saving some money in the meantime) can I try to negotiate to settle at this time before the judgment AND if so do I have to request negotiation through the court or just call up the lawyer? OR, should I answer th
  11. Hi, Rookie here.... this site is amazing, I've learned so much just since last night... unfortunately, after the fact... I am being sued by an attorney representing FIA Card Services for an unpaid BOA credit card charged off as of 11/09. After two court appearances, in which I was the only one in front of the judge, the attorney filed a Motion for Summary Judgement. I started digging through old paperwork, and found three credit agency demands for payment on this account. The 3rd, was a very intimidating and explicitly demanding letter from the attorney now suing me. Her letter said "acting as
  12. I have been following these board postings since I recved Summons in October. I used some of the forms..Request for Debt Validation Request to strike Affidavit of Debt and how to request dismissal of Midland's MSJ. On 2/14/13 I showed up one hour early to my hearing..I thought I was pretty prepared...I read tons of things on internet about how to fight JDB's and I had my notebook with my opening statement...first to strike affidavit...obvious it was a robosigned one...second there was no bill of sale from Equable to Midland even though in the Affidavit it stated Midland "acquired" account f
  13. I'm reposting in this thread as things have changed and I hope to clarify for myself and others. All opinions are appreciated. Brief overview: 1. I'm in Ohio. 2. OC Fifth Third 2007-2008. 3. Debt $900. 4. Served by Asset July 2012. 5. Answered July 2012. 6. Mediation scheduled July 2012. 7. Filed MTC Arb August 2012. 8. Received discovery August 2012. 9. Mediation cancelled August 2012 on grounds that arb was elected. 10. MSJ filed by Plaintiff Janurary 2013 (included affidavit from an Asset "representative" with NO information not established in complaint. MSJ fi
  14. Hi all, I filed MTC, and elected arbitration following Lindas plan. I had a hearing (in the judges chambers) not in the court room. The judge read the credit card agreement, and nodded his head as he read out loud "if either parties elect arbitration it replaces the right to go to court". Sooo I am thinking I am doing quite well at this point. The attorney told the judge that he still elects to resolve the issue in court. After the hearing was completed the attorney stopped me in the hallway , and told me that my motion was denied, and he will be filling a motion for summary judgement. I