Search the Community

Showing results for tags 'ohio'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 18 results

  1. 1. Who is the named plaintiff in the suit? Crown Asset Management, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Levy & Associates, LLC 3. How much are you being sued for? $6,039.97 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?) Started receiving junk mail from local attorneys, later looked up the court record and confirmed the case. Filed 10/10/19 6. How were you served? (Mail, In person, Notice on door) USPS left notice on the door, later picked up at post office. 10/28/19 7. Was the service legal as required by your state? I think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received a letter on 7/25/19 from Levy & Associates that I mistakenly disregarded as another transfer/sale of the debt. It was a "placed with our office for collection" letter, "notify us within 30 days if you dispute..." I did not respond. 9. What state and county do you live in? Hamilton County, Ohio 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? Not sure the month, 2014. 12. What is the SOL on the debt? To find out: Is this the state I resided in when I opened the account? South Carolina - 3 years 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). Case status is open. Court Clerk informed me they now provide free legal assistance by appointment, I might look into that. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Is it too late? Will this help me later in arbitration? That's my strategy btw, that's why I'm here! Synchrony has an arbitration clause and offers the choice of AAA or JAMS. 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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. It may be useful to the court, but will it be useful if my strategy is arbitration? 16. 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 have 28 days (Monday, November 25) to respond to their cookie cutter complaint: 1. Upon information and belief, Defendant(s) resides in Hamilton County, Ohio. Plaintiff, is the assignee of Defendant's Synchrony Bank account, account #XXXXXXXX ("Account"). 2. Defendant owes Plaintiff the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97) for money owed to the Plaintiff via Defendant's use of the Account provided to Defendant. 3. Defendant breached the Account's agreement by failing to make payment on the Account as required. 4. As a result of said breach, Defendant owes Plaintiff the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97). A copy of a statement is attached hereto, and incorporated herein, as Exhibit "A". 5. Plaintiff, or its agents, has made demand on Defendant, but Defendant has failed to comply with such demand. 6. Defendant(s) received benefit from said Account. 7. Said Account was not conferred gratuitously, Defendant was expected to pay on said Account, and as a result Defendant(s) has been unjustly enriched, all in the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97). 8. Wherefore, Plaintiff demands judgement against Defendant(s), jointly and severally if more than more, in the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97), plus interest at 5% per annum from the judgement date, the court costs expended herein and all other relief that may be issued as provided by law. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exbibit "A" is page 1 of my March 2018 statement, and pages 2-3 of my August 2017 statement. Also included is a Bill of Sale: Crown Asset (CADS)-- PLCC CAD -- June 2018 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Accounts Purchase Agreement (the "Agreement"), dated as of this 5th day of July, 2017 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding LLC. and Retail Finance Credit Services, LLC., ("Seller") and Crown Asset Management, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on June 19, 2018, and as further described in the Agreement. 18. How did you find out about this site? Every good Google search leads back here. I have read a lot and am familiar with most of the terms but never thought I'd be writing a formal court document. I also don't know what I thought was going to happen if I just kept ignoring that looming debt in the back of my mind (and bottom of my credit report). Hasn't been detrimental till now. Since I thought I had 28 days from date filed, I was super expedient in preparing 1.) My answer to the complaint 2.) MTC 3.) Proposed Order granting MTC 4.) Affidavit to accompany card holder agreement. I'm just looking for a little advice on what else to prepare? There are no special rules pertaining to the filing of motions. Am I just going to walk in and get this stuff stamped and signed, or will I get drilled by the judge? Hoping to be as prepared as possible for what to expect.
  2. Well, I'm getting setup for another go around with court. This time I am up against Portfolio Recovery. I will save myself the headache and go straight to arb. This thread will contain any information for future searchers going through something similar in Ohio. JDB - Portfolio Recovery Associates State - Ohio Amount - 2,527.26 I am currently awaiting to be served, I know it will be soon, as I have been keeping an eye on the court docket. It was filed on the 15th so I would imagine it will be here between tomorrow and Friday. Correct me if I'm wrong, but I should essentially be able to cut and paste info from my last win obviously using the correct information pertaining to this case of course.
  3. 1st I would like to thank everyone here for these forums because if it weren’t for all of you, I would have hired an attorney (that I cannot afford) or just not show up in court! These forums have helped me A LOT. However, I’m confused on what to do next. Up to this point, I’ve filed my answer denying the debt & also filed a request for production. So far, Midland’s attorney has 2 days left to answer my request. So my question is, what if they don’t comply? I’m confused on what to do next. Do I file a motion to compel or is it possible to ask for a dismissal? Our court date is in 3 weeks. I’m in Ohio. Can anyone please help me with this?
  4. Hello! I'm new here and I've never been sued before. I have been reading on how to Answer a Complaint since I received a Summon yesterday. Please review the complaint and help me answer it. Thank you. 1. Plaintiff, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC ("Plaintiff") is a limited liability company qualified to do business in Ohio. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, MY NAME, (hereafter "Defendant"), residence lies within the jurisdiction of this Court. FACTS 3. Defendant opened an account with SYNCHRONY BANK or its predecessor in interest. A copy of the account statement is attached as Exhibit "A". 4. Plaintiff has purchase Defendant's debt, and is entitled to all rights as owner thereof. MIDLANDS EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION 5. MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC owns portfolios of consumer receivables, which attempts to collect. When working with individual consumers, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC and its affiliates (collectively, "Midland") generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland attemts to assess each consumer's willingness to pay, through phone calls, letters or other means. Midland attempts to exclude consumers from its collection efforts, where Midland believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments. 6. When Midland contacts consumers, it strives to treat consumers with respect, compassion and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. Midland's efforts are aimed at working with the consumers to repay their obligations and to attain financial recovery. Midland strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives. 7. Despite Midland's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with Midland. Those who do are often offered discounts or payment plans that are intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. 8. However, the majority of Midland's consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens Midland must decide then whether to pursue collection through legal channels, including litigation like the present action against the Defendant. Although the account is no in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible. CLAIM FOR RELIEF 9. There is now due and owing from the Defendant, in the amount of $2,765.19. 10. Plaintiff has made demand on Defendant for repayment of the account but Defendant has failed and refused to pay the balance due. WHEREFORE, Plaintiff prays for judgment agains Defendant as follows: a) For the unpaid balance of $2,765.19. For the purposes for this suit, Plaintiff is not requesting any interest on the amount sough and requests that interest be waived, including pre and post judgment interest; c) Costs for suit, and d) Such other relief as this Court may deem just and proper.
  5. Hello! I'll try to show some brevity. I have absolutely 0 legal knowledge, so please be gentle with me. I'm doing my best to research but this all very overwhelming. I thank everyone who responds for their time, patience, and answers. I live in Washington but found out through a relative that I was being sued in Ohio. I used all my money recently on a sick parent, and currently don't have funds or the time from my job needed to return to Ohio for court. I'm considering just letting them get their judgment and then paying off the judgment little by little, because I simply can't afford going back to Ohio. A bunch of letters also came in the mail, apparently, requesting to give me legal aid, but I can't even afford an attorney. Are there any other solutions? I definitely want to file an answer, but I would rather have the case held in Washington. Even then, I'm moving to California in March. Here are some answers to the general questions: The suit is filed in a Cuyahoga County Common Pleas court. 1. Who is the named plaintiff in the suit? Cavalry SPV I. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Will get back to you. Don't have physical copy of the form. 3. How much are you being sued for? Roughly 3k. 4. Who is the original creditor? (if not the Plaintiff) Citibank. 5. How do you know you are being sued? (You were served, right?) Was told by a relative that they got a letter from Fedex. 6. How were you served? (Mail, In person, Notice on door) Fedex. 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? None 9. What state and county do you live in? I live in King County, Washington now, but I am being sued in Cuyahoga County, Ohio. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I think 2012. Perfectly within the 6 year SOL. 11. What is the SOL on the debt? 6 years. 12. What is the status of your case? Suit served? Motions filed? It just says Active for the status and newly filed for its disposition. I can call if needed. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not at all. 14. Did you request debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? (This should be in your paperwork). 20 days. 16. What evidence did they send with the summons? Nothing as far as I know.
  6. I have had a complaint filed by a local collections agency. The complaint is for a total of around $1400. The complaint is for hospital bills. However, the one complaint is for 8 different bills with 8 different dates of service and from 2 different hospitals. Does anyone know if in Ohio this can be done? I would think each bill would be required to have an individual lawsuit filed, not one lawsuit defending multiple occurences at different locations. Thanks in advance for any advice
  7. My original post is: http://www.creditinfocenter.com/community/topic/325853-sued-by-jdb-in-ohio-questions-on-sol/#entry1320933 I ended up filing MTC Arb since SOL can be complicated for my case, and just got back from a motion hearing. I insisted that I am entitled for arbitration. JDB's attorney did show up, but his argument is nonsensical: he said that JDB don't want to initiate arb since it is expensive, costing them $2K, and they are also afraid that I won't pay the fee... the judge gave us 30 days, but also said he won't disagree that I am entitled for arbitration. If no agreement is reached after 30 days, the judge will rule on my motion. After the hearing the attorney came to me, asking for settlement. I asked him to draft an agreement for mutually walk-away if they pay me some hundreds (since they made some false statements), and meanwhile made it clear that I won't pay them anything. He said that her company will consider and get back to me, which I assume is a good sign, right? Now I hope to get some suggestions on the settlement/walk-away agreement: 1. I plan to request the case to be dismissed. I know that many said that DWP is most important, but for my case, I am not sure whether DWP or DW/O P will make any difference, since if they do re-sue, I can elect arb or also counterclaim and ask for potential statutory damages. Does this sound reasonable? 2. I worry more about the 1099c. How should I request the JDB not to issue 1099c in the settlement agreement? 3. I did some research on how to avoid 1099c, and found people said different things: a) Some said that the settlement agreement should state that the account is paid in FULL so nothing is forgiven or cancelled. Will this work or will this make me admit to own the alleged account or alleged debt which is bad? b ) Some other said that it should state that the account/debe is in dispute and not validated. So if 1099c is issued, I can dispute with IRS saying that the debt is not validated. c) I even found in one thread that someone said the DW/OP will not result in issuing 1099c, though I really don't understand why DW/OP would help. 4. I also plan to request deletion of tradeline. Is it OK? How should I phrase it in the agreement? Anything else I need to ask? Or anything I need to be careful... after all, I am against a JDB. I would also appreciate if there is any good strategies for getting this done. Thanks for any suggestions!
  8. I've received a Motion to Revive Dormant Judgement from Capital One Bank in the amount of $6305.82. The letter came to me in my previously married name. I have since divorced, returned to maiden name, then remarried. I am unsure of how exactly to proceed as I left my ex-husband in quite a hurry because I feared for my life. I left in Jan. 2008, and because of the rush, I left quite a bit of infomation at that place. I found out 6 months later he was in jail and so I don't know what happened to the stuff and information I left behind. For a while I kept track of my credit report but have not done so in years. I cannot for the life of me remember if Capital One Bank was indeed something I owed or not. I have attempted to get another credit report, but they will not allow me to view online so I sent for mailed in versions but those will take a while to come in. It is entirely possible my ex-husband opened something in my name while we were still married and kept it from me. Since I was the only one working we were always strapped for money and that upset him a lot. I have done a little research and typed up a reply letter, but I'm unsure if it will work or not. Basically I'm at a loss. Attached is the letter. Any advice or help is gratefully appreciated. blank.docx
  9. I apologize in advance if proper procedure to post for help isn't followed ... After researching so many forums, I'm quite lost. So here goes ... We currently have several credit cards that are in default approximately 18 months. Really wanted to not do a BK, but looking into it just in case. Had wanted to settle the debts. but with different creditors, sold to multiple JDB, this is well, overwhelming! Recently was served notice of request for judgement from Portfolio Recovery Associates for a Citibank/Sears account. 1- filing was not in proper county of residence against us. - As such, we replied with a Objection to Complaint/ Motion To Dismiss. Spoke to that county clerk of court and she advised that was correct because its not in the proper county and they would likely dismiss and refile in our county. Basically, we are buying time here to find a solution and enforce proper case management. This is the first of proceedings that we are aware of. Assuming we elect to not BK the debts (or don't qualify), how can we properly defend against a JDB ourselves and/or obtain settlements with multiple accounts. We have 1 Citibank/Sears, 3 Chase accounts (all in default) and a BOA that is not in default. Any assistance and advise is greatly appreciated.
  10. Hi I just filed Motion for arbitration, and am now preparing the answer and affirmative defenses. I will post the complaint and my draft of answer and affirmative defenses below. Any critique is welcome! BTW, the case is in Ohio. My questions are: 1. Should it be better to just state "Denied" in the answer? I saw various wordings in denying... but not sure which I should use. 2. How do my affirmative defenses look like? I do want to emphasize arbitration and SOL. (I will not include counterclaim since adding it probably may waive my arbitration right) 3. As for SOL, the alleged card is from Citibank. Do I need to include in the answer statements to show the last payments/purchases, or just leave it as it is now? 4. Together with my answer and affirmative defenses, I will also include Exhibit A for card agreement, affidavit (saying this is the operative agreement), and certificate of service. Is there anything else I should include? Thank you all in advance!!! Complaint: 1. Plaintiff is the owner of the Defendant's citibank account, account number... See attached Exhibit A (bill of sale) 2. By use of the account, the Defendant became bound by the Account's agreement. 3. Defendant breached the agreement by failing to make payment 4. The amount now due and owing is $xxxx. Copies of statements are attached as Exhibit B. 5. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so. My answer: Now comes the Defendant, PRO SE, and submits the answer and affirmative defenses to the allegations contained in the Plaintiff's Complaint. ANSWER 1. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 2. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 3. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 4. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 5. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. AFFIRMATIVE DEFENSES 1. This Court lacks jurisdiction due to Defendant electing private contractual arbitration as provided in the card agreement (Exhibit A) for the alleged account. 2. Plaintiff, as the Defendant is informed and believes, lacks the legal standing to bring and maintain this action. 3. Plaintiff’s action is time barred by either applying Ohio’s six-year statute of limitations for oral contracts in R.C. 2305.07 or applying the borrowing statute R.C. 2305.03( and the choice of law provision in the card agreement for the alleged account (Exhibit A) specifying application of South Dakota law with six-year statute of limitations. 4.Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account). 5. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Respectfully submitted, My signature My name address
  11. Yesterday I got the summons from a JDB. It is about a citi credit with last activity in 01/2009. I have a few questions related to SOL, and will really appreciate everyone's help and suggestion: 1. The SOL in South Dakota is 6 years. However, in Ohio, some say it is 6 years, but there are also statement that credit card is considered written agreement so SOL in Ohio is 15 years . I would appreciate if anyone can help me to figure out this SOL for credit card in Ohio, especially if there are any case laws.... 2.Even if SOL in Ohio is 15 years, or if it would be difficult for me to argue SOL in Ohio court, can I use a CITI card agreement to argue that the SOL in South Dakota should apply, since the agreement states that the law in South Dakota governs it? 3. If I go with arbitration, can I win simply because SOL has passed? 4. I can only find a CITI card agreement in 2009, would anyone have agreement between 2005 and 2009? Or the 2009 agreement can work in my case? Thank you for any comments/suggestions!!!
  12. First off I want to thank everyone who posts on this forum you have helped me and many others more than you will ever know! I am being sued by LVNV Funding in Ohio. I did not find out about this lawsuit until my employer advised me my wages were being garnished by a default judgment. I quickly went into high gear to fight this. How can someone garnish my wages and me not even know about it. I have since had the judgment vacated and stayed the garnishment so at this point I am not out any money to them other than the cost to file and mail them there copies. I met with the attorney at the hearing for vacating the judgment who wanted to discuss a settlement to which my response was absolutely not! So they have refiled with my local court where I currently reside...they did pull my credit report prior to and after filing so had my current address yet still attempted to serve me twice at an old address that i have not lived at for over four years. So here's the rundown. LVNV Funding in Ohio with the usual junk attached. Plaintiff owns Defendant's account By use of the account defendant became bound by the account's agreement. Defendant breeched agreement by failing to pay. Amount now due and owing is $3xxx a copy of statement attached as "Exhibit A" Demand has been made defendant failed to pay up. It has been re-filed and I filed my answer with the court. I received their request for production of documents, admissions, and interrogatories. Which are of course the usual b.s. The alleged account was opened while I lived in another state with a 3 year SOL. So I am using this defense along with a few others. But, I have received a voicemail from them saying they are calling to collect a debt. I also received a bill from them in the amount of over $1,000 more than I am being sued for. I believe this to be them attempting to collect the amount from the judgment that has been vacated. Is this not a violation of the FDCPA? I plan on bringing this up in court as to show their inaccurate figures and being an error on their part. I believe this to be misleading to me showing I owe more than I am being sued for without a judgment against me. I am also preparing my own interrogatories and request for admissions and documents so if anyone has any advice please help!!!
  13. I will start from the beginning, but what I really need help with is strategy and Adm, Interog, and Document request information in Ohio. 1. Who is the named plaintiff in the suit? Midland Funding DE LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Westlake, OH lawyer 3. How much are you being sued for? $3,5XX.XX 4. Who is the original creditor? (if not the Plaintiff) Home Depot (accrording to the complaint) 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) Signed for mail 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint Summons and Complain 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None, nada, ziltch 9. What state and county do you live in? Erie County, Ohio Complaint states Huron County (jurisdiction and venue as affirmative defences on Answer) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I have no idea. I don't even know if this is mine. My husband retired in 2006, because of health (memory problems) and we paid off all debts that year. He says (hearsay big time, because I can't trust his) that memory) that "we signed up for the CC when Home Depot first opened." He might be right. I vaguely remember something about a discount for applying for a card when we replaced some carpeting. I DO NOT remember ever using a Home Depot CC 11. What is the SOL on the debt? See above 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or ( b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). A. Served w/attached cc statement B. My motion for a more definitive statement C. Midland opposition to motion (lawyer sent me a bill of sale from OC to Midland dated a year before the billing statement sent with the Complaint) D. Pre-hearing -- judge asked for more pleadings on motion. Asked, "Did they send you anything?" I answered, "no. Nothing that shows that this is my debt, or that I owe Midland anything." He asked, "is there anything with a signature?" I said, "nothing with my signature." Judge had a discussion with the local lawyer that showed up (not the named lawyer; surprised to see me) about time needed for disposition. Result was 45 days for disposition, discovery to be complete and all documents and witnesses to be declared no later that 15 days before court date. Trial set for Halloween. E. Filed Answer F. Lawyer filed motion for more time to file SJ. G. Judge: No H. I received some documents: Plaintiffs Combined Interog, request or admissions and request for production of documents This is what I need help with. It is convoluted. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, and when I tried to get a free credit report the website is down. Weird, because I refinanced my house in July without any problem. 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. I didn't get anything from them, MCM, until July. The complaint was filed a month earlier. 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. They received an email from me today demanding an electronic copy of the request (Ohio law). I have "twenty-eight (28) days after you receive them." This was filed with court. Do I have 28 days from they day that they sent this, the day that I received this, or the day that they get an electronic copy of this to me? 16.We need to know what the "charges" are. Please post what they are claiming. Should see something like Common counts, account stated, breach of contract, open book, account, unjust enrichment. Again, sort of convoluted. I read it as account stated. 17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. No. Summons, Complaint, cc statement and cc page 2 of 4 of something that looks like what you would see on the back side of a cc statement, but not legible (the print date at the bottom is Dec. 22, 2011). 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? Yes, Need help 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A is a cc statement 2 other document sent with their Motion Opposed to Definitive Statement: a computer read out (it has a phone number that is not mine), Bill of Sale signed by a cc employee (date is earlier that should be, sold the account before default) Comments? Need more information? How should I approach this? Thank you. This site has gotten me this far. I have not yet figured out how to send my own requests, so any suggestions would be helpful.    
  14. Ok a little background. I was served properly by JBD (portfolio) last week on November 4, I have 28 days to answer. Debt was allegedly a Walmart account under 900.00 after alot of research here I decided to file a motion for a more definite statement. Today it says: for good cause shown this action is continued and then it goes on to give a hearing date that is ten days from today and it says its for report. My question is what is the hearing about? I haven't filed a answer yet, should I file my answer before hearing? Did I win the motion? Do they have to provide a more definite statement? I don't know how or what to prepare for this hearing?! Any help welcome. I am in Ohio
  15. Good morning, I'm looking for some advice. I submitted my answers in time and also submitted my own discovery to Midland's attorney. However, I did not provide any language about making an electronic copy available, which is in Ohio's rules. I also didn't require them to notarize their answers, but I'm not sure if that's required. It's been over 30 days now and I haven't received a response. We are due back in court next week. Should I resubmit my discovery with the corrections and give them another 28 days or should I wait until we are back in court?
  16. I should have done this weeks ago, but thankfully there's still time. 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.) Appears to be in house attorneys 3. How much are you being sued for? $2100 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) Registered Mail 7. Was the service legal as required by your state? Yes 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 don't remember receiving anything from Midland 9. What state and county do you live in? OH, Butler 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I'm not sure, and I can't tell by the bill they provided me. 11. What is the SOL on the debt? To find out: 6 years, based on where I live now. 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 b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Had pretrial conference, next date is late June. Rec'd Discovery request about 2 weeks ago, have about 10 - 14 days to respond. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes to the credit bureaus, no to the creditor. 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 - they filed suit soon after I disputed. 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 already. Working on discovery. Read the rules of procedure for Ohio. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. A bill with my name on it from August of 2008. It has the full account number. The bill shows a late fee and the amount past due is about a third of the total balance, so I don't think this bill is from the last date of delinquency. I'm not sure about this account. I remember my ex husband had an account, and I was an authorized user, but it was not a joint account. Also, my ex husband remarried someone with a similar name soon after we divorced, and her name started appearing on my credit report, but the bill is not in her name. Still, I honestly don't know where this account is coming from. Please help!
  17. 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 filed on the grounds that Defendant failed to respond to Discovery requests. Although the Plaintiff and the court received MTC arb prior to deadline. No hearing was set and no ruling was issued on MTC. It's my understanding that (in Ohio) the trial court cannot rule on underlying claim until there is a ruling on the MTC. It is also my understanding that this would be the grounds for an Objection to MSJ. In addition to this I have seen it suggested to argue subject matter jurisdiction as well as the issue of triable issues of material fact. Most, if not all, of the contributors here are very well versed in civil procedure parlance while others (me) are quite the opposite. I have been operating under the "C.A.S.E." method: Copy And Steal Everything That has worked great thus far. However, at this point, I am done slow dancing with Asset. They have produced no evidence. No bill of sale, no receipts, no contract, no nothing. I don't think they can even produce the full account number. They've re-dated my credit report and the affidavit they submitted is nothing more than hearsay. I want to hit them with anything and everything possible. I want the opposing council as well as the judge to know where I am coming from. I plan to object to MSJ using Cap One v. Collins as precedent, but I want MOAR! Can I file an affidavit to establish triable issues as well? I have no evidence either as I am unfamiliar with the alleged account. Breach of contract? FDCPA violations? Anything I can do to shut them down, I will do. This is where I need opinions most. Sorry for the length but I wanted to be as clear as possible. Any and all consideration is appreciated. Thanks