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Found 7 results

  1. Greetings, I need help! I have an auto loan that is in the process of being charged off. The bank (wellsfargo) has been attempting to repossess the vehicle for some time, however I've managed to keep it in my possession. I owe roughly 16k on the vehicle but got WF to agree to a 10k settlement offer. I don't have 10k or the means to gain that money in a lump sum. My credit score is terrible (480) but my personal habits and financial habits have drastically improved since I put myself in this situation. I am attempting to get a 10k loan to pay off the settlement (and get my credit/my consigners credit back on track) but I am having difficulty finding a place that will consider my situation. I've attempted to arrange a payment plan with WF to pick up where I left off with the loan but they won't have it. I am at a loss of what to do and am open to suggestions!
  2. Hello, My name is Nicole and I have been sued. My first thought was to do nothing but as I began to research options I came across this site and actually found hope. It has been so helpful to read so many people stories, and the outpouring of help and support without judgment. Thanks in advance for any help. Well here I go I received a summons in the mail along with what looks like a document from the court notifying me I have been sued. The two letters are from the same sender according to the Pitney Bowes postage. One document shows a filed stamp dated Feb 07 2018, The Pitney Bowes stamp on one letter has a date of Feb 15, 2018 and a postal stamp dated Feb 20th. The other letter has no Pitney Bowes date stamped or postal date stamp. I was never served no one rang my bell I work from home so I am home all the time. I would have answered the door honestly how would I know if someone rang my bell they wanted to serve me. So I have not avoided anyone. I filled out the list of question I found on this site I hope this helps someone to help me. Thank you. If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pressler and Pressler LLP 3. How much are you being sued for? $5,021.62 4. Who is the original creditor? (if not the Plaintiff) Citibank, NA Sears Mastercard 5. How do you know you are being sued? (You were served, right?) I received two letters in the mail one says compliant the other looks like it is a letter sent from the courts. Both letters are from the same sender the Pitney Bowes postage is the same. 6. How were you served? (Mail, In person, Notice on door) I do not believe they tried to serve me I work from home and no one rang my bell, I would have answered. I show that they filed the summons on 2-7-2018. I received both documents at the same time 2-26-2018 it is possible it was in my mail but I didn’t check until Monday morning. However, according to the postal date stamp the letter with the summons has a Pitney Bowes time stamp of 2-15-2018 but the postal stamp says 2-20. I believe they sat on this a few days before mailing. The letter that appears to have come from the court has no postal time stamp and the Pitney Bowes postage does not show a date. 7. Was the service legal as required by your state? According to New York law they were suppose to make 3 attempts before using an alternative method. I do not think they tried and there is nothing in the letters I received that shows they tried. 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? I have received numerous letters but never responded )o: 9. What state and county do you live in? New York, Kings county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The document says 12-14-2015, I honestly have no clue. 11. When did you open the account (looking to establish what card agreement may be applicable)? I honestly do not know I don’t even remember opening this card. I did have a sear card when I brought a refrigerator, stove and dishwasher but I paid that off years ago. I haven’t gotten anything else from sears. I never closed the card I just never used it. A few years back my personal info was stolen and a few credit card, bank account and utilities were opened in my name. Someone even changed my address to my drivers license and had my driver’s license sent to a different location. I fought with those accounts for years in most cases I was told it is me and the CC companies would not listen. I submitted my police report and they listened but the accounts would continue to appear on my credit and collection agencies would continue to try to collect on those accounts. I would have to start all over after a few times the creditors and collection agencies began to tell me my attempts were frivolous. I then lost my job and the accounts I truly had become delinquent. Creditors were coming left and right. I could not handle it and just stopped answering the phone or opening the mail. With that being said I do not know if this is from the fraud or from me. Sorry for the rant I feel so defeated and ashamed but I know I have to fight, so hear my truth. 12. What is the SOL on the debt? To find out: I believe the statue in New York is 6 years. Statute of Limitations on Debts 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). I went online and I see that a civil suit has been filed I do not see a status. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I am sure I have but am unsure of this specific debt they did not send anything in the letters only the last 4 of the acct number. I have had the bureaus remove several accounts but they put them back on and sometimes with different account numbers. This account is currently not on my report. 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 could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). I have disputed debts with everyone but not sure of this account, it is possible. Honestly I don’t know I have never responded to this law firm. 16. How long do you have to respond to the suit? A (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 B. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I did not receive a questionnaire A. I believe I would have 30 from the filed date since I was not personally served. The file date is 2-7-18. They held the documents hostage until the 20th according to the postal stamp so I do not have much time. 30 days would be 3-9-2018. B. I received a two page compliant, this is the title FIRST CAUSE OF ACTION 1. Plaintiff, Midland Funding LLC, is a limited liability company formed under the laws of the state of Delaware and having taken assignment of is owner of Citibank NA (sears mastercard) account ending in XXXXXXXXX0618 and is a debt collector licensed by New York City Department of Consumer Affairs license No. 1312658 and is authorized to do business in the state of New York. 2. Nicole A. resides within the jurisdictional limits of this court. 3. Plaintiff alleges that Nicole A, whose socialsecurity number ends in 339, is the responsible person for this account. 4. Nicole A. Failed to repay the balance owed on the account, which is in default. 5. The account was assigned from the original creditor Citibank NA (sears mastercard) to Midland Funding LLc, the present assignee. 6. The cause of action asserted herein accrued on or about December 14, 2015, the governing law being that state of South Dakota. 7. The date of last payment is on or about December 14, 2015. 8. Upon information and belief, the statute of limitations for the cause of action asserted herein is 6 years and therefore has not expired. 9. There is now and owing the plaintiff, as the assignee of the account Nicole A, the sum of $5.021.62. WHEREFORE, Plaintiff demands judgment against Nicole A. for the sum of $5,021.62 plus cost and disbursements of this action and for such further and other relief as the court deems just and proper. By: S/Ian Z. Winograd Esq. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They did not send anything else
  3. Soooo. This is my arbitration clause. If I lose in arbitration, am I liable for all of the arbitration fees and everything else as well? Or just the amount they say I owe in suit (around 3200)? Just confused. According to what I could find on the barclaycard website the card agreement does indeed have an arbitration clause. I have included it below. It seems contradictory though. As I understand it they agree that they cannot/ will not be able to charge me for any fee that they accrue during arbitration? So worst case scenario I am required to pay off the full amount of the suppised debt. Default/Collection Costs. Unless otherwise prohibited by law, your Account will be in default and we may demand immediate payment of the entire amount you owe us if: 1) in any month we do not receive your Minimum Payment Due by the Payment Due Date; 2) you make Purchases, initiate Balance Transfers, use a Check, or obtain Cash Advances in excess of your credit line; 3) you fail to comply with this Agreement; 4) there is a filing for your bankruptcy; 5) you die or become incapacitated; or 6) we believe in good faith that the payment or performance of your obligations under this Agreement is impaired for any other reason. As permitted by applicable law, you agree to pay all collection expenses actually incurred by us in the collection of amounts you owe under this Agreement (including court or arbitration costs and the fees of any collection agency to which we refer your Account) and, in the event we refer your Account after your default to an attorney who is not our regularly salaried employee, you agree to pay the reasonable fees of such attorney. We will not be obligated to honor any attempted use of your Account if a default has occurred or we have determined to terminate your Account or limit your Account privileges (as discussed below). ARBITRATION. At the election of either you or us, any claim, dispute or controversy (“Claim”) by either you or us against the other, arising from or relating in any way to this Agreement or your Account, or their establishment, or any transaction or activity on your Account, including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement) Claims regarding the applicability of this arbitration provision or the validity of the entire Agreement, shall be resolved exclusively by arbitration. For purposes of this provision, “you” includes yourself, any authorized user on the Account, and any of your agents, beneficiaries or assigns, or anyone acting on behalf of the foregoing, and “we” or “us” includes our employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns, and to the extent included in a proceeding in which Barclays is a party, its service providers and marketing partners. Any Claims sought to be made or remedies sought to be obtained as part of any class action, private attorney general or other representative action (hereafter all included in the term “class action”) shall be subject to arbitration, and arbitrated on an individual basis between you and us, not on a class or representative or other collective basis. The arbitrator shall not have any authority to entertain a claim, or to award any relief, on behalf of or against anyone other than a named party to the arbitration proceeding. If any Claim is advanced in a court, arbitration may be elected under this provision instead, and the right to elect arbitration shall not be deemed to have been waived if the election is made at any time before commencement of trial. Alternatively, you and we may pursue a Claim within the jurisdiction of the Justice of the Peace Court in Delaware, or the equivalent court in your home jurisdiction, provided that the action remains in that court, is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action. The arbitration shall be administered by the American Arbitration Association,, 950 Warren Avenue, East Providence, Rhode Island, 02914, 1-866-293-4053 (the “Administrator”). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms at its web site or by mail as set forth above. The Administrator will apply the rules and procedures in effect and applicable to the claim at the time the arbitration is filed. The Claim will be heard before a single arbitrator. The arbitration will not be consolidated with any other arbitration proceedings. The Administrator shall resolve each dispute in accordance with applicable law. If you commence arbitration, you must provide us the notice required by the Administrator’s rules and procedures. The notice may be sent to us at Barclays Bank Delaware, P.O. Box 8801, Wilmington, DE 19899-8801. If we commence arbitration, we will provide you notice at your last known billing address. We agree to honor a request by you to remove the action to a Small Claims Court, provided that we receive the request within thirty days of the notice of commencement of arbitration. Any arbitration hearing at which you appear will take place at a location within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. No class actions, joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both you and us. In the event that there is a dispute about whether limiting arbitration of the parties' dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration. A party can file with the Administrator a written appeal of a single arbitrator’s award within 30 days of award issuance, requesting a new arbitration in front of three neutral arbitrators designated by the Administrator. The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Judgment upon any arbitration award may be entered in any court having jurisdiction. We will pay, or reimburse you for, all fees or costs to the extent required by law or the rules of the arbitration Administrator. Whether or not required by law or such rules, if you prevail at arbitration on any Claim against us, we will reimburse you for any fees paid to the Administrator in connection with the arbitration proceedings. Under no circumstances will we seek from you payment or reimbursement of any fees that we incur in connection with arbitration. In addition, in any arbitration that you elect to file that could be heard in Small Claims Court in your jurisdiction, we will pay the filing fees and other arbitration fees above the cost of filing in that Small Claims Court. If you are required to advance any fees or costs to the arbitration Administrator, but you ask us to do so in your stead, we will consider and respond to your request. This arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the termination of the Cardmember Agreement and the Account relationship, including your payment in full, and your filing of bankruptcy. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now or hereafter owed by either party to the other under this Agreement. ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.
  4. I originally posted this in another sub-forum but believe this is actually the correct place now. I'll delete from the other. 1. Who is the named plaintiff in the suit? - Portfolio Recovery Associates, LLC Assignee of Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Michael J Garza Dallas, TX / Rausch, Strum, Israel, Enerson & Hornik, LLC 3. How much are you being sued for? - A little over $5,000 4. Who is the original creditor? (if not the Plaintiff) - Capital One 5. How do you know you are being sued? (You were served, right?) - Served with Citation and Petition 6. How were you served? (Mail, In person, Notice on door) - In Person 7. Was the service legal as required by your state? - Yes, I believe so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - Denial via phone 9. What state and county do you live in? - Texas, Navarro 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - Jan 2013 11. What is the SOL on the debt? - 4 years 12. What is the status of your case? Suit served? Motions filed? - Petition filed 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? - Yes, only verbally, not written 15. How long do you have to respond to the suit? - 14 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Nothing beyond petition. Attached documents. I've seen a drafted answer someone put up for another Texas case and that it has been referred to a few times. I just didn't know if it was applicable to my case. My current plan seems to need to be: 1. Draft answer. 2. File at around 12 days and send a copy to the lawyer via certified mail. 3. Prepare a petition for discovery and motion for discovery. 4. File petition for discovery the next day after answer. Have motion ready in case it is requested or approved. Thanks to all who step up and help me during this trying process. Small Redacted.pdf
  5. I need some major help. My 15yr. old son, who had been staying with his mother, was caught TWICE in a month on a DUI. My landlord handed me my court papers this past Friday, and court is this Wed. WTF? They're trying to tell me at the juvenile courthouse that I can't defend my son. That I HAVE to have a lawyer. But I don't want one. I don't want to settle, I want him free. Granted , I know he messed up. BUT IF HE ISN'T OLD ENOUGH TO VOTE OR GET A LICENSE BECAUSE HE'S A MINOR AND MAKES BAD DECISIONS, THEN HOW CAN THEY PUNISH HIM ,,, FOR A BAD DECISION? It seems like it should be thrown out easily, but I know how completely crooked the system is. I know if they take my son in,,, he'll be gone for good. Just like they did my cousin. He had to keep protecting himself and thirty years later, he's now 40,,,,,fk, and my son LOVES to fight. AND IT'S BECAUSE OF THE DAMN SYSTEM HE'S THIS WAY. Anyway, They didn't read Miranda rights,,, they did breathalyzer but didn't wait the required 15 minutes watching that he didn't belch. Cop says he had to go 60 to catch him, although he has him down at 60??? I SIGNED THE PAPERS SUI JURIS,,, does that help??? Look, since the two tickets, my son was in a fatal car accident. HE WASNT DRIVING. But his best friend was the 15yr old driver and died. My son was rushed to the hospital to remove his spleen and then rushed by life flight to UCDavis for heart surgery. He has a hole in his heart now and has to be very careful. He'll never make it out. I can't believe they would even consider 4 yrs on a minor who has never been in trouble. PLEASE HELP I want to abate the process, but they won't let me do anything.
  6. Sued by Midland . Sent original response as general denial. Requested the following in official vaidation Request 1. Original account application with my signature for this alleged debt . 2. A fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated , including the interest rate being charged . Confirm that this rate falls within the state limits . 3. Provide proof of debt ownership including how much this debt was purchased for . 4. provide proof of the date in which alleged charges first became delinquent. Midland sent me a collection type letter about 3 weeks ago with a redacted bill of sale . Yesterday, I got a certified letter return recpt. from midland attorney locally... Answers to request for production . They are objecting to much of my request . Do I need to respond to this Answer? If so, is there a time limit for which this has to be done ? Funny thing , the cover letter sent with this was signed " Very Truly Yours" is this supposed to be a joke ? Are they seriously trying to intimidate me by using accusitory language? Thanks "G"
  7. Through the kind and thoughtful help on this forum I was able to defeat a MSJ and I am now scheduled for a trial date in 2 weeks. I have to send in a Trial Brief outlining my case. Can anyone help with form or advice on content? I am being sued for approx. $5,000 CC balance. I am worried if I lose (which a court ordered mediator told me I would) that they will be able to garnish my wages? Can anyone help me on that subject? Should I ask for arbitration? I believe that the attorney who filed is really a JDB and does not represent the CC company like he claims. How can I prove this or bring it up in court? Do I have the right to a Jury trial? If so, how do I ask for one? Any advice would be greatly appreciated.