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Found 4 results

  1. I've been posting about this Velocity (junk debt buyer) problem I have had for the past year or so. Prior thread: They finally sued me, probably in response to the letter I sent to them back in May of 2016. This suite is pretty sneaky. I was NOT served in any way, shape or form. More details below. I have LIMITED TIME left to respond, because I did not even know until today that I was sued late last month. More details on this below. I will update this post and this thread as I get more information from the county courthouse. It is night right now, so I can't call them or go down there. I'm not sure where the original blank "Help, I've been sued" questionnaire is located on this forum, so I copied the questions from someone else's thread, and put my own answers in: --------------------------------------------------------------------------------------------------- 1. Who is the named plaintiff in the suit? VELOCITY INVESTMENTS 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Faber and Brand, LLC attorney is Shoener, Esq, Jonathan L. 3. How much are you being sued for? Unknown at the time I posted this. I will have to go to court house to get documents. Possibly around $10k 4. Who is the original creditor? (if not the Plaintiff) Lending Club or Web Bank. Not sure. Appears to have been transferred once before Velocity got it. See documents I posted below. 5. How do you know you are being sued? (You were served, right?) Was NOT served. I received an automated response to my complaint to the CFPB saying that Velocity has not replied in a timely manner. So, I decided to check the County Court House website, and saw that I was sued 3 weeks ago. 6. How were you served? (Mail, In person, Notice on door) NOT served 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Does not appear so. as I was not served at all. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Sent DV letters, and filed various complaints with the state, CFPB, and Better Business Bureau. This has been going on for over a year. See my prior thread here: http://www.creditinfocenter.com/community/topic/326145-lendingclub-debt-is-it-a-promissory-written-or-open-ended-debt/ 9. What state and county do you live in? Washoe 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) 06/2011 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 4 years IF they cannot come up with the actual loan agreement document 6 years if they have with the loan agreement (promissory note). Nevada Revised Statutes on SOL: http://www.leg.state.nv.us/nrs/nrs-011.html#NRS011Sec190 12. 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). Answer Due [160723 Edit: based on new information from the county court clerk's office, reviewing the rules of the court, and this forum, at this time I have not been served so no answer is due. Nevada law says that they must serve me within 120 days of filing. They cannot serve me "electronically" or through the court eFile system. They must serve me with a process server or sheriff. If they get near the 120 day deadline and have not been able to serve me, they can file something with the court to request permission to serve me through local publication. Once served with a summons, I have 20 days to respond. ] 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes [160723 Edit: More on this in a later post, but I may have them on one or more FDCPA violations regarding debt validation] 15. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Unknown. County Court Website is not much help here. [160723 Edit: 20 days] 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No summons received. Nothing at all received. All I know at this moment is the county court website shows the suite was filed in late June and I believe I have only a few days left to respond, assuming the 20 day rule applies. I will update this post and this thread when I found out more information. [160723 Edit: I now have a copy of the complaint. With it are the following: 1) Affidavit of Account signed by a Velocity employee and notarized (Velocity is NOT the original creditor) 2) printouts from the original creditor website that they are attempting to pass off as the original agreement 3) Bill of sale from the original creditor to Velocity (seems to be the "edited for the public record" version, and certifcate of sale from a Bank to LendingClub. I am posting the redacted versions of these documents below]
  2. Hi everyone, I sure hope that I'm posting this in the right place. I had some questions about credit reports, collections, and closed accounts. So here's the thing: Before my wife and I met, she had a car loan and then lost her job. The car was repossessed and then sold at an auction. The company wanted her to pay the difference between her loan and what the car was sold for. She still did not have work so it didn't go over well. Eventually she stopped receiving bills and contact of any kind. I'm trying to figure out what the statute of limitation for collections is (in NV it appears to be 6 years). From what I have read, after the statute of limitations, a collector can't sue you to collect on a debt? When does the limitations start, according to what's on the credit report? Is it the date the original account was closed? Also, if the company does try to go after her and take things away in order to collect, the can't take our current car that has both of our names on it, can they? What are the odds that they will try to collect before the limitation runs out (by suing)? We have not heard from them since 2010. Please help. I'm concerned and have no idea what to do here. If you need any additional info, please ask.
  3. I was served a Summons and Complaint in February, which I Answered on March 17. I am being sued by a JDB on a credit card debt. I just received a notice from the court (2nd Judicial District Court, Washoe County, NV) dated April 17 which is an "Assignment to Arbitration". It goes on to say, The Nevada Arbitration Rules are here: http://www.washoecourts.com/ARBITRATION/PDF/NAR.PDF I have 10 days to choose two arbitrators from the list provided. Anyone have any experience with this scenario that can offer some guidance? Thank you!
  4. Hi All, I'm so grateful for this resource! It's been so helpful already. Here goes: 1. Who is the named plaintiff in the suit? "Junk Debt Buyer" 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Miles, Bauer, Bergstrom & Winters 3. How much are you being sued for? In excess of $10,000 4. Who is the original creditor? (if not the Plaintiff) 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) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter (maybe two letters) saying they were attempting to collect a debt, including the total amount owed and a dollar amount they would settle the account for. 9. What state and county do you live in? Nevada, Washoe County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 16, 2007 11. What is the SOL on the debt? To find out: SOL on written contract in NV is now 6 years (the link provided by this forum states 4 years) SOL on open account is 4 years Statute of Limitations on Debts 12. 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). Complaint served. Answer filed on time. 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. 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? I responded to their Complaint. I did not receive an interrogatory. They are claiming (I have not included the full text of the Complaint): "GENERAL ALLEGATIONS Plaintiff is informed and believes and, based thereon, alleges that Defendant, MICHAEL BAUMANN a/k/a MICHAEL EDWARD BAUMANN (herinafter referred to as "Defendant") is now a resident of the County of Washoe, State of Nevada." (Baumann is one of the firm's attorneys. They did get the Defendant properly identified on the Heading of the Complaint, and in every other instance.) "Par. 3. Def. entered into a Credit Card Agreement in favor of HERITAGE FIRST USA (Chase) as Creditor Lender under acct. no XXXX-XXXX-XXXX-0000. Par. 5. On or about Aug. 16, 2007, Defendant defaulted under the terms of the Contract by failing to make the minimum monthly payment when and as due. FIRST CAUSE OF ACTION BREACH OF WRITTEN CONTRACT Par. 11. Defendant breached the terms of the Contract and failed to perform all conditions, covenants, and promises required to be performed by Def. in accordance with the terms and conditions therof; most specifically, Def. has failed to make payments when and as due. SECOND CAUSE OF ACTION ACCOUNT STATED Par. 17. There exists an account stated in writing by and between Plaintiff and Defendant and on such account there are obligations due to Plaintiff from Defendant. Par. 18. Plaintiff is due and owing in excess of $10,000." 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent no evidence, affidavits, or statements. Nothing. My Answer: RedactedAnswer.doc I have not received anything from Plaintifff. I have checked the court website and there is nothing new listed there, no hearing date or anything. The last thing entered is the receipt of my Answer. What is my next step? Please let me know if I should post the Complaint in its entirety, and if there is any information included in this post that I should edit for privacy reasons. Thanks in advance for your help! Heather