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Found 11 results

  1. Not sure where to post this. I received a letter from Rubin and Rothman New York ( I live in New York City/Queens) about a old Bank of American credit card debt. It reads that the "creditor has a claim against you in the above amount" (10,600). Bank of AMerican is stated as Current creditor and as an Original creditor. The letter says that "unless you dispute the validity of the debt, or portion thereof, within thirty days, we will assume the debt to be valid. If you notify us in writing withing 30 days ...we will obtain verification of a debt and or a copy of a judgment against you and mail it..." What do I do and how to I respond? I have no big assets or property and all my bank money are exempt (judgement proof). I make $250-300 a week after taxes from wages and I have about 2,000 in the bank. No property except a 25 year old car (market value $2,000) and $4,000 life insurance . What should I write back. Bank of america told me that the account is no longer with them and is withe the above mention law firm. TRAKAMERICA was mentioned too. Perhaps the lawfirm works for TRAKAMERIKA. Last time a made a payment to the bank of america was less than three years ago. Bottom line is I have no money to pay (unless they accept less than 10% of the original).
  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. I have been sued by one of my creditors, received summons, and I have retained legal counsel. The agency who owns the debt currently is willing to settle for $1500 less than what is owed. Quite frankly, I'm in a position where if I settle the account for what the agency is offering, I'm not saving much money after all legal fees and expenses, but the issue will be over and done with. If I litigate the case, is there a chance that the company will settle for a lesser amount, assuming they don't want to go to trial? If i decide to litigate, I will have to pay my lawyer $1,000 more, but I was also told that if this agency doesn't have there paperwork in order then there is a chance that I might not have to pay anything and it's possible the case could get dismissed. I guess my main question is that is it better to litigate the matter to potentially save more money, or just settle for slightly less than what is owed?
  4. FOR IMMEDIATE RELEASE: April 25, 2016 CONTACT: Office of Communications Tel: (202) 435-7170 CONSUMER FINANCIAL PROTECTION BUREAU TAKES ACTION TO HALT ILLEGAL DEBT COLLECTION PRACTICES BY LAWSUIT MILL AND DEBT BUYER CFPB Bars Law Firm, Debt Buyer from Churning Out Illegal Collections Lawsuits and Imposes $2.5 Million in Penalties WASHINGTON, D.C. — The Consumer Financial Protection Bureau (CFPB) today ordered the debt collection law firm Pressler & Pressler, LLP, two principal partners, and New Century Financial Services, Inc., a debt buyer, to stop churning out unfair and deceptive debt collection lawsuits based on flimsy or nonexistent evidence. The consent orders bar the companies and individuals from illegal practices that can deceive or intimidate consumers, such as filing lawsuits without determining if debts in question are valid. The orders also require the firm and the named partners to pay $1 million, and New Century to pay $1.5 million to the Bureau’s Civil Penalty Fund. “For years, Pressler & Pressler churned out one lawsuit after another to collect debts for New Century that were not verified and might not exist,” said CFPB Director Richard Cordray. “Debt collectors that file lawsuits with no regard for their validity break the law and violate the public trust. We will continue to take action to protect borrowers from abuse." Pressler & Pressler is a New Jersey-based law firm that collects consumers’ debts for creditors through lawsuits and other means. New Century Financial Services, also based in New Jersey, buys and collects defaulted consumer debts and hands off those accounts to Pressler & Pressler for collection. To collect alleged debts on behalf of New Century and others, Pressler & Pressler filed hundreds of thousands of lawsuits against consumers. Sheldon H. Pressler and Gerard J. Felt, partners of the firm, each participated in the firm’s debt collection litigation practices. The CFPB found that to mass-produce these lawsuits, Pressler & Pressler used an automated claim-preparation system and non-attorney support staff to determine which consumers to sue. Attorneys generally spent less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit. This process allowed the firm to generate and file hundreds of thousands of lawsuits against consumers in New Jersey, New York, and Pennsylvania between 2009 and 2014. The CFPB found that the respondents violated the Fair Debt Collection Practices Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act, which prohibits unfair and deceptive acts or practices in the consumer financial marketplace. Specifically, the CFPB found that Pressler & Pressler, the firm’s named partners, and New Century Financial Services: Made false or empty allegations about consumer debts: The CFPB found that the firm, the named partners, and New Century filed lawsuits against consumers without sufficient basis. Neither the firm nor New Century reviewed documents supporting the validity of debts. Filed lawsuits based on unreliable or false information: Some consumers had previously challenged the validity or accuracy of the debts, but the firm or New Century did not obtain or review information to justify their claims. The firm and New Century also filed suits and collected debt knowing that some account portfolios targeted for lawsuits contained unreliable or false information. Harassed consumers with unsubstantiated court filings: The CFPB found that the firm, the named partners, and New Century filed collection suits generated mainly by automated processes that relied on summary data. The firm won the vast majority of the lawsuits by default when consumers did not defend themselves, even though neither Pressler & Pressler nor New Century had verified that the debts were actually owed. Enforcement Action Under the Dodd-Frank Act, the CFPB has the authority to take action against institutions or individuals that engage in unfair, deceptive, or abusive acts or practices. The CFPB also has authority over debt collection practices under the Fair Debt Collection Practices Act. The CFPB orders require that Pressler & Pressler, the firm’s named partners, and New Century Financial Services must: Stop filing lawsuits with unsubstantiated claims: Pressler & Pressler, the named partners, and New Century cannot file lawsuits or threaten to sue to collect debts unless they obtain and review specific account-level documents and information showing the debt is accurate and enforceable. Ensure accurate court filings: The firm, the named partners, and New Century may not use affidavits as evidence to collect debts unless they accurately describe relevant facts including that the individual executing the affidavit has personal knowledge of the debt, or, if not, has reviewed documentation related to the debt. The firm must also keep an electronic record showing it is following proper procedures. Pay civil penalties: The firm and the named partners must pay a penalty of $1 million to the CFPB’s Civil Penalty Fund. New Century must pay a penalty of $1.5 million. The CFPB’s order against Pressler & Pressler and the named partners is available at: http://files.consumerfinance.gov/f/documents/201604_cfpb_consent-order-pressler-pressler-llp-sheldon-h-pressler-and-gerard-j-felt.pdf The CFPB’s order against New Century Financial Services is available at: http://files.consumerfinance.gov/f/documents/201604_cfpb_consent-order_new-century-financial-services-inc.pdf
  5. Hi, I recently had an almost 3 year battle with Discover Bank dismissed with prejudice, I am looking perhaps for an attorney to bring FDCPA and other actions as there were many violations. Thank you.
  6. New York AG Announces Settlement with Encore Capital Over Collection Lawsuits Patrick Lunsford January 9, 2015 http://www.insidearm.com/daily/debt-buying-topics/debt-buying/new-york-ag-announces-settlement-with-encore-capital-over-collection-lawsuits/?utm_source=insideARM.com&utm_campaign=28fd8a7ecc-ARM_insider_1_9_15&utm_medium=email&utm_term=0_a05497525d-28fd8a7ecc-80845493&mc_cid=28fd8a7ecc&mc_eid=3ec05283b2 New York Attorney General Eric T. Schneiderman today announced that his office has obtained a settlement with debt buyer Encore Capital Group, Inc. (NASDAQ: ECPG) over the company’s debt collection practices in the legal collection channel. [ENCORE is a.k.a. MIDLAND] Schneiderman said that Encore has been bringing “untimely” legal action against New York residents for years. Under the settlement, Encore will seek to vacate more than 4,500 improperly obtained judgments totaling nearly $18 million. The company also agreed to reform its debt collection practices and pay civil penalties and costs in the amount of $675,000. “Today’s settlement ensures that thousands of New Yorkers will see millions in relief from debts that were not enforceable in the first place,” said Schneiderman. “We will continue to take action against any company that abuses the power of the court system at the expense of hardworking families.” The Attorney General’s investigation found that, despite the requirements of New York law, Encore brought debt collection claims that were untimely under the statutes of limitations where the causes of action accrued. Because most consumers fail to respond when they are sued by a debt collector, Encore obtained default judgments in its favor based on these timebarred claims. In addition to seeking to vacate more than 4,500 improperly obtained judgments and paying $675,000 in civil penalties and costs, Encore has agreed to several important reforms of its current practices in New York. These include: Disclosing in written or oral communication about a debt that is outside the statute of limitations that the company will not sue to collect on the debt. Disclosing in written or oral communications about a debt that is outside the date for reporting the debt provided for bythe federal Fair Credit Reporting Act that, because of the age of the debt, the company will not report the debt to any credit reporting agency. Alleging certain information relevant to the statute of limitations in any debt collection complaint, such as the name of the original creditor and the date of the consumer’s last payment on the debt. Schneiderman noted that Encore was also engaged in a practice that is often referred to as “robosigning”: Encore employees signed hundreds of affidavits submitted in support of debt collection actions each day without reviewing the affidavits and without possessing personal knowledge, as alleged in the affidavits, about the claimed debts and the amounts owed. The settlement requires Encore to institute reforms to ensure that “robosigning” does not occur and to ensure that all sworn statements filed in debt collection actions are reviewed prior to execution. This settlement is a part of the Attorney General’s continuing efforts to combat unlawful and abusive debt collection activity. In May 2014, Attorney General Schneiderman obtained settlements from two major debt buyers ( Portfolio Recovery Associates and Sherman Financial Group, who also filed time­barred debt collection cases. Those settlements resulted in the vacature of more than 3,000 improperly obtained judgments. Copyright © 2015 insideARM, LLC. All rights reserved.
  7. Hey all Started new topic as my last post from a couple days back didn't get any replies. Could y'all check out my new ? at: http://www.creditinfocenter.com/community/topic/322787-notice-to-admit/ In summation, I am wondering about the ability to send a BOP and interrogs in NY. Since I hadn't heard anything and this is time-sensitive, I resent them my BOP (which they had returned to me, citing a rule which has to do with not being allowed to send a BOP and interrogs in NY, and I'd already sent interrogs), but changed the language from Bill of Particulars to Supplemental Interrogatories. Any feedback or knowledge of if they were right in invoking the statute which bars interrogatories and a bill of particulars? I (I guess) misinterpreted it to mean can't send both at the same time/within the same period before one is complete. Anyone? THANKS!!
  8. I just wanted to come on the forum and thank everyone in this community for the great information. The information I learned from here helped me go up against Midland Funding in court and it was unremarkably amazing how easily they back off once you kick the legs out of their faux case. In my experience, they had no evidence to prove they owned an account from the OC. They had bought a portfolio of debt that must have been sold multiple times before it ended up with them. Their portfolio of an alleged debt I owed had CC statements, a bill of sale, cert of conformity, among other things. We go to court and at first they try to make you admit you're come kind of criminal and that you owe them big time, but in reality if you know the facts of the case and some civil procedure, they got nothing on you. I thought it was actually fun going up in front of the judge and seeing the plaintiff move for a dismissal. It was quite invigorating and empowering. Just remember, know your rights and always fight.
  9. Hello everyone, I was referred here by a friend who said you guys are the best people to ask for advice regarding legal matter. I am helping a family member by translating on his behalf on a case with a junk debt buyer in NY (Portfolio Recovery associates) for the amount of $6000. During the first meeting, he didn’t have a translator and he requested me so the judge gave him 4 months for me to come back. During the second case, I questioned the junk debt buyers creditability in court by asking them to provide proof of account transfer from Chase, they had no answer so they delayed the case 4 more months, now it’s the third time next month, what should my actions be this time? Please reply, any advice would be helpful.
  10. Has anyone dealt with and had success with vacating a NY tax warrant? The story is as follows - I worked two jobs for a few years. This year, apparently the IRS modified one of my W2s from 2008 which then changed what my state return should have been. I received a bill from NY Tax and Finance sometime in the middle of last year (around June). I moved a few weeks later and kind of forgot about it. So, in around November I received another bill and went through my tax info to try to figure it out why (the bill said nothing about why I owed the money). A couple weeks later I checked my credit karma score (I do every morning) and was shocked to see it drop about 40 points because of the addition of a public record (tax warrant). So I immediately went online and paid the bill. I called and they explained why I had owed the bill. Now, mind you, this was a $298 bill from something that occurred this year in relation to a change made on my 2008 return. The guy that I talked to at the collections office of NY T&F told me that I could write a letter to the Tax and Finance Correspondence Office to "plead my case" to ask to have it vacated. He said in 30 - 60 days I would receive a letter of satisfaction but that I could send the letter to Correspondence now if I wanted. I wrote them a letter basically outlining how it was a very innocent mistake, for a small amount of money, from a change I did not understand that I paid immediately. Saying how I've been working on my credit, want to buy a house soon and this is going to really ruin my chances. Asking them out of the kindness of their hearts to help me, etc. I sent it a few weeks ago and haven't heard anything yet. I know things work slowly with state bureaucracies but I am really freaked out by this. Has anybody had any experience with this? Any idea what I should do? I really appreciate any assistance at all because I have been working so hard to clean up all of the negatives on my CR, have been very responsible the past few years and this is really just a huge setback for me. Side note, I have heard that it is almost as bad to have a paid lien as it is to have it sit unpaid (like a paid collection). Also, does having the warrant vacated actually remove it permanently from my record so that it doesn't show up on my credit?
  11. I am really confused about this topic. There was a tax warrant placed on me for less than $300 for something that I was unaware was happening. It was an innocent mistake. I paid it immediately and sent a letter to the NY tax correspondence department. I then followed up today (3 weeks after I sent the letter) and asked if there was somebody I could talk to in order to have the warrant vacated. First he told me they only did that if the warrant was placed in error or if I paid it before it was placed. I paid it about 3 days after and was unaware it was being placed it was for around $300. So anyways, I ask "so this $300 bill that I was unaware of is going to screw me for like seven years now?" The guy tells me that having a warrant vacated does not remove it from credit and that it is the same thing as a satisfied warrant. He said "from experience in the banking industry once it is satisfied it doesn't negatively affect your credit. So it won't screw your credit if it is paid." This really runs counter to everything that I have read. A) Does having a warrant vacated remove it from your credit history? Is having it vacated the same as satisfied as far as credit is concerned? C) Does having a paid/satisfied warrant not affect your credit? D) Is there anything I can do about this?