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Found 20 results

  1. 1. Who is the named plaintiff in the suit? TD Bank USA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law offices of Patenaude & Felix 3. How much are you being sued for? Less than $1,000 4. Who is the original creditor? (if not the Plaintiff) TD BANK USA, N.A for a target credit card 5. How do you know you are being sued? (You were served, right?) Served at home, summons given to relative 6. How were you served? (Mail, In person, Notice on door) Served at home, summons given to relative 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? Riverside County in California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2018 11. When did you open the account (looking to establish what card agreement may be applicable)? Early 2018 12. What is the SOL on the debt? To find out: Within statue of limitations 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). Active, court website still displays waiting on serve. Hearing set for winter 2020 saying: HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGEMENT PURSUANT TO CRC 3.74 (CORONA) Now this is the part that I don't get, has a default judgment already been made against me? I don't think so, I did a name search and this is the only court case that pops up. To my understanding, a default judgement can only be made if I had not responded to the summons. But I was just served yesterday and am so confused why this is in the summons at all. The case was filed in the first week of October 2019. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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 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? 29 calendar days. No questionnaire received. Cause of action reads: 1a) account created between plaintiff and defendant where defendant was indebted to plaintiff. 1b) within the last four years 1c) last 4 digits of account number, defendant has been unjustly enriched by virtue of defendant. 2) For amount (below $1,000) 3) For such other and further relief as the court deems just and fair 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None 18. How did you find out about this site? Google search This doesn't seem like a regular collections lawsuit to me only because of the weird hearing to show why the plaintiff hasn't filed a default judgment. Is the court trying to clear their case load or something and saw that this case fell between the cracks? Also, I understand that it seems like there aren't strategies to win against OC lawsuits, aside from proving identity theft and SOL expiration. Since its a small amount, settlement in a lump sum is an option BUT that weird hearing thing is making me think they might've made a mistake in their lawsuit...and maybe it is in my favor?
  2. I received a summons on Friday for a $12,000 credit card debt with Barclays. The last time I made a payment was September 2017, it’s listed on my credit as a charge off now. The first collection company was northstar, then one named LTD and then the last letter I received was sometime last year from Lloyd and McDaniel. I got tied up in this after I left my job to stay home with my first daughter years ago my husband lost his job a few months later and was unemployed for about 3 months. We are pretty much paycheck to paycheck especially with two small kids but I do have some money from our tax refund and would like to try to settle. Talked to an attorney and he said he usually can settle for about half of the amount owed but his fees would cost me about $2400 and if I make payment arrangements they’re usually for the entire amount of the original debt. There is no court date listed on my summons, just basically shows me as defendant and Barclays as plaintiff and says i have 14 days to file an answer. I have no idea what to do.
  3. My husband is being sued by for a target credit card issued by TD bank. TD bank is named as plaintiff. . I need advice with what to put as affirmative defenses on a general denial with the intention on settling for a lower amount. We have a week left to answer the summons.
  4. Basics: Sued by OC in Illinois for Breach of Contract. Amount under $10,000 Complaint states that "Defendant breached the Agreement" with Agreement as a capitalized term, however Agreement is not defined within the complaint. Plaintiff attached to complaint the last statement issued Plaintiff did NOT attached the actual Cardmember Agreement I have filed an appearance before the return date (an answer is not required as amount under $10,000) I have done research on this site and I know that I need to file a motion to compel arbitration. However to do that I need to find the cardmember agreement to cite the correct statute therein. I also have seen here that Illinois state law requires a breach of contract complaint to provide a copy of the contract. I've searched here: https://www.consumerfinance.gov/credit-cards/agreements/ and I can't find the correct cardmember agreement that applies to me. I have two questions: Do I need to file some type of motion to compel the plaintiff to provide the agreement? Or do I simply show up in court on the date they assign and ask for the agreement? This card is quite old (was active for a long time). What agreement would apply to this case? Would it be the active agreement at the time I opened the account or the active agreement at the time I made my last payment? Thank you everyone - your help is invaluable.
  5. Summons letter was served to my home last week. I wasn’t home so they left it with my mother. It appears that was from a law firm on behalf of Discover bank. The amount owed is a little over $3,000. I am currently unemployed and I have no assets. I rent an apartment and my car is leased. I am in no position to pay a settlement so I would like to figure out a method to either have this dismissed or possibly delayed for as long as possible. My last payment on this account was March 2017 and the account was charged off December 2017. I’ve attached the papers that were given to my mother on 5/8/18 and I believe I have 20 days to answer. Any help on how I answer this summons?? Do I have any ground to stand on? Can I request them to prove anything? Ive noticed it says something about Dated: 2/22/18 but I’m not sure what that’s referring to. Any help is greatly appreciated.
  6. Am lost in law, but oh so thankful to have found this forum. I have been searching for near a month trying to figure out what to do, none of it made any sense. Then I found this oasis; whew I there's a light at the end of the tunnel after all. I've read around the forum and found the questions needed for any insights (I have added questions of mine about areas of the papers) so here we go....... Who is the named plaintiff in the suit?Discover 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Moore group 3. How much are you being sued for?$6600.00 4. Who is the original creditor? (if not the Plaintiff) N/A 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door)personal service 7. Was the service legal as required by your state? as far as I know. 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? none 9. What state and county do you live in? California Sn Juaquin 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure, however their claim is "common counts" and that is 2 years if my research is correct, 11. When did you open the account (looking to establish what card agreement may be applicable)? maybe 2008/09 12. What is the SOL on the debt? To find out: 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). yes Summons served. ( I have been struggling trying to find information that made sense. THEN I found this great forum, I'm feeling relieved and ready to put up a good fight.) 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 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') . no 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? three working days tops. I have already freaked out. I now stand with the clock ticking rather close the courts are open today and tomorrow till four. I could push it till Monday. I read that time starts day after service; however, I am not certain if it was the 14 or 15 papers are 1) summons 2)notice of case assignment 3) civil case cover sheet; limited; rule 3.740 collections (09); not complex 4)instruction 4 cover 3 pages) complaint contract 6600.00 + cost of suit post judgment & interest #1 on the complaint.discover. is this the first claim I need to answer? First cause of action within 4 years checked plus both (1) on an open account for money and (2) an account was stated in writing between P and D (then) within 4 yrs (it states the same as 1 and 2) plus other; This C.O.A. relates to card account ending xxxxxxxxxxxxxxx yadda yadda yadda (7 pgs total) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.no-thing at all (as a matter of fact I think that they did not give put all of the papers for the summons. It is in the rule that they were to add a blank assignment case pamphlet. Plus I didn't see a court date on here anywhere. I read that the answer did not have to be filled out on one of their forms as long as it answered each of the complaints; is this true? What other paperwork should I add to the answer, I am not sure where to go from here. Thank you for taking my post into consideration, I will be posting updates and accepting "idea handouts" here till the end and beyond.. I have wanted to learn more about law; this makes ahellofa reason to start. any feedback, ideas etc. will not be taken as legal advice. However they will be appreciated deeply. {=love and light =}
  7. I received a summons from a Credit Union I use to bank with, in Texas. The Petition states the Credit Union as the Plaintiff, as it has not been sold to a debt collector. I am being sued for an amount between $5,000 and $10,000 due to credit card debt. The petition states the Plaintiff intends to conduct discovery. The Petition provided a generalized credit card agreement between "defendants" and "plaintiff", however there are no account numbers, no signatures of omission from defendants. or any documents provided. Does this mean they may or may not have access to more definitive information, proving their case? I have already typed up the answer to the Plaintiff's original petition, addressing each paragraph. Any and all advice is greatly appreciated. I have a little over a week before I have to respond to the Plaintiff's petition.
  8. Received 2 letters for 2 different Chase accounts that are a year past Charge Off offering a settlement. Their exact verbage... "We want to work with you to resolve your deliquent account, so we'd like to offer you a settlement. Your current account balance is $3200, however we'll accept payment of $320 to settle the account and stop further collection activities. You'll save $2900. You can accept this offer until 4/1/17." The 2nd letter stated the same with the balance for that account and the respective offer of 10% of balance to settle. Does this mean they will not sue or sell the balance owed if I agree to their offer? I am very surprised at how low Chase of all people are willing to accept. Anyone been successsful in getting them to delete the account once settled? I've been contacted by several CA on these 2 accounts since defaulting on payment when we filed for divorce 2 years ago. My former husband ended up losing his job a year ago so alimony was greatly reduced. I am supplementing expenses by dipping into retirement. That's where I would get the settlement payments for these accounts. With little income and only my homesteaded home, I would file BK, but for a law in NV barring guardians filing BK. Guardianship of my special needs adult child is more important than BK protection to me.
  9. I have a debt over $30K that has been charged off. There is a law firm that is handling the collections efforts. They won a judgement. My credit report only lists the original creditor. No income to repay, but don't want to file for bankruptcy. If I write a letter to the original creditor to forgive the debt, can it be done? How do I know if they still own the debt?
  10. 1. Who is the named plaintiff in the suit? 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. Scott & Associates (Scott & Associates) 3. How much are you being sued for? $2427.17 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Served Papers 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No Previous Contact 9. What state and county do you live in? Denton County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April, 2014 (Don't know exact day, but it is within statue of limitations) 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 4 Years 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 (Already responded, today July 18th, with a General Denial) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, not that I can recall. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 14 days + Monday, Answer has already been filed with a response of General Denial. I didn't find this forum until late last night, unfortunately and was out of time. No questionnaire was given. Plaintiff's claim is breach of contract for a Mastercard account. My suit will be attached to the post. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence was given other than the below on the original petition papers: Address, with an incorrect apartment number Last 4 digits of account number Account Opening Date Account Closed Date After browsing cases on these forums it appears that fighting an OC is a lot more difficult than a JDB, but I think I'd like to try at least. I've read a lot of TexasRocker's posts but I'm not quite sure where to go from here. My answer has been filed with the claim of General Denial, and I've sent a copy of it stamped by the Court Clerk, mailed as First Class, Certified, Return Receipt Requested. What is the best route to go when fighting an OC? Should I file a motion for discovery against the Plaintiff? I don't really have any information on this account. The account is no longer showing up on my credit report either, not sure what that means. I appreciate any help that's offered, thanks in advance!!!
  11. Sued by Cap One and just realized the summons was served on 03/02, so I am actually going to be 2 days late if I do answer. I'm thinking I should settle, however. Representing law firm is a debt collector, but I called and asked them to confirm whether Capital One still owned the debt and they said yes. They are representing them, is all. The amount they allege is 1,879. The amount they'll settle is 1,695. I could not remotely come up with that amount, but they will take 50/month and send the agreement to the judge. My income is INSANELY low, so I don't know how a summary judgment would work w/ garnishment, or how long it would take to go into effect. I'm guessing I'll have to bite the bullet on this one and pay the 50 bucks, knowing that Capital One won't remove it from my credit report and it likely won't do any good. My thought is that it would at least be less than a garnishment. Anyone have any suggestions? The supporting docs were a statement and the card agreement. I saw a lengthy answer from another board member that i have considered filing, which essentially says there isn't enough evidence, signature on contracts, record of amounts, etc. I don't know if that's a good way to go, but i'm already late filing, anyway. I just want to be sure I take the best approach. I am trying to avoid bk, and all of the other debts I've got are being handled by jdb firms (except one other Cap One account). Discover already dropped their suit because of the MTC arbitration, so I am hoping that will work with the other creditors. My debts are generally under 2K (2014 was a horrible year and I just couldn't afford minimum pmts anymore, and credit rating was so low anyway bc I was maxed out). Anyway, I feel like I keep coming here and bugging the crap out of you guys, but it seems like all kinds of new stuff keeps coming up that throws a wrench into my plans, so if anyone could take just a moment to let me know whether I should just start making payments, that would be really helpful. Thanks again for all your help
  12. Hi Everyone, Last year my father had a botched surgery which resulted in stroke as well as short term memory loss. Since this occurred my sister and I have tried our best to make sense of his accounts and found out he had more debt than could be handle with the medical situation. One of those accounts being Municipal Credit Union which my parents had a checking account and visa card. I believe also a LOC, but not sure. Once I actually got hold of the account(s) the credit card was apparently behind by two months with the minimum payment of over $800-900. The union actually had the nerve to put a freeze on the checking account (which my dad received his social security & pension payments) until the payment was made. Basically no withdrawals from the atm or bank counter were allowed not even for groceries. After the second time it happened in which I had explained my dad's situation to reps and asked them to negotiate for a lower payment ($300), they refused. We couldn't pay more than that because my dad is on a fixed income and medical care was first priority. Since they refused to work with us and continued a withdrawal freeze, we left the Credit union and eventually stop paying on the visa account as well. As of yesterday evening there were papers left at the door stating MCU is suing my dad for over $15K not including interest and lawyers fees. Their attorneys are Stern & Stern. The summons was dated May 22 but the served June 10th. This brings me to my first question: 1) Do we have time from the date stamped on the summons or the time it was allegedly delivered to answer? 2) In the summons, it claims in the list of cause of 1st actions that: The department of Consumer affairs doesn't require the plaintiff (Municipal Credit Union) to be licensed. Is this true for credit unions? Even when issuing credit cards? The summons also fails to identify the card or account number. Is this legal? 3) Can his pension and Social security be garnished if they win? 4) I was listed as limited power of attorney on this bank account, can they come after me for the debt? 5) We have been considering filing for bankruptcy for him because of this debt, mounting medical bills and three other accounts. Is it still possible to proceed and have this part of the bankruptcy? Also, I don't know if its worth mentioned that this credit card account hadn't been used in years. I APPRECIATE ANY HELP ON THIS!!
  13. I have picked these up over the years and would like to post them in one place. Hopefully they will prove as useful for someone else as they have been for me. If you have more stuff like this, please post it to this topic! Some are written by consumer attorneys (Edelman, Combs and the like) and others are written by the attorneys from the dark side as ways to weasel out of FDCPA liability (it's always a good thing to know what the other side is thinking). Pro-Consumer: Defending credit card cases, 2009.pdf Ethical issues of JDB suits.pdf FDCPA CASE LAW, NCLC.pdf FDCPA, Edelman Breakdown-2011.pdf From the dark side: FDCPA Defense Guide #1.txt FDCPA Defense Guide #2.txt
  14. 1. Who is the named plaintiff in the suit? Citibank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Silverman & Borenstein 3. How much are you being sued for? ~ 6k 4. Who is the original creditor? (if not the Plaintiff) OC 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) Personally 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? Received dunning letter; timely sent validation letter; received a response giving me the name and address of the creditor. 9. What state and county do you live in? colorado . La Plata 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never - but attached statement has a date within SOL 11. What is the SOL on the debt? To find out: - It's within SOL 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). Served about 10 days ago. There isn't a case file yet, but clerk said they usually file electronically a few days before the response date (June 10). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I recently sent a dispute to Equifax. Still waiting to get Trans and Exp via mail. 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 and they responded with the name and address of the creditor. 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 must file by June 10. 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. They attached an affidavit and a statement. The affidavit looks to be robo signed. Should I attach a redacted version?
  15. Hello All I am seeking advice on the best way to handle this. I just received a letter from a collection agency that eBay has submitted my account to them for some unpaid seller fees. Long story short - I let time slip past me. I meant to address this and I put other things in priority and now I'm scrambling. This is my fault. I am on the road to rebuilding, my score is growing leaps and bounds and this collection is going to hurt. I haven't received notification from Credit Karma or Sesame that the account has been added to my report. I don't know about equifax, they may only report to equifax. It was one of those "first communication" letters that said I had 30 days to validate yada-yada. I want to pay this before it hits my report. My first question - am I too late? Second question - if I pay eBay *today* and keep my documentation, if this does hit my credit report can I attempt to dispute it with this as proof that it is settled? Or am I going to be too late? I don't know about contacting the collection agency about this - since I know they may tell me that if I pay they won't report it and all will be well, but I have no way of keeping them accountable on that. I can pay this now to avoid it hitting my CR. If it is too late then I will wait a bit for my budget to handle it a little better since the damage will be done. I just need to find out if this is salvagable. Ugh. I can't believe I let it get to this point. Thank you for the insight!
  16. I disputed with the big 3. All had the same 4 neg TLs. TU is clean, EX & EQ deleted and keep the same two TLs. The four TLs were related. I had a retail credit card (Lane Bryant). In 12/07 the card number was stolen, charged up online and the fraud was reported. I closed the account after fraud investigation was completed and fraudulent amounts removed. 6 years later I pulled reports to find 4 neg TLs concerning this account. OC reports "Transfer/Sold, Purchased by another Lender, etc" Comenity Banks reports two TLs, with two different account numbers as "Purchased by another lender" and next TL as "Purchased by another Lender, Transferred to another office". JDB - "Placed for Collection" EQ and EX both removed the JDB and one of the Comenity TLs (same one). Should I do another round of disputes or send letters to the OC? When the fraud happened on my account the card was in the process of being sold to a bank. LB use to handle the cards themselves but now Comenity does. They still do. If I send letters to the OC, do I send to both? Technically wouldn't they both be considered the OC? Being Texas resident do I get use TFC-392 or is that for CAs only? One other interesting thing I noticed is on TUs report it said these were due to be removed 9/13. EX and EQ don't give any removal dates but all 3 showed the last payment date as 12/07. Wouldn't mean the removal date would be 12/14? Thought that was odd.
  17. Another Law Firm, Weltman, Weinberg & Reis is attempting to collect on a repossessed RV with the original creditor being US Bank. This is the 3rd attempt to collect on the debt, dating back to June, 2009. The debt has been charged off per my credit report. The type of contract was a "Retail Installment Sale Contract." I live in California and I believe the SOL is 4 years from the last payment, which was June, 2008. I have followed the Debt Validation strategy for the previous two attempts and the CA's ceased attempts to collect. For the current CA, I sent the initial DV letter and they acknowledged receipt of it and sent to me a letter (via non certified mail), despite the letter demanding that all future correspondence be made via certified mail. This letter only contained a copy of the Retail Installment Sale Contract and nothing else. There was no referencing to the SOL or any other references as are asked for in the 1st DV letter nor was there any required action on my part. I am tempted to send my 2nd DV letter indicating that it has been 30 days since my first letter was received and there has been no correspondence via Certified Mail as the letter demanded. How should I finally address the SOL matter. Have the SOLs on this particular contract expired? And if so, at what point and what correspondence do I send them to let them know that this is now Zombie Debt? What is the best course of action?
  18. I am having the exact issue with the same law firm: Received a Notice of Claim/Summons on Saturday 2/23/2013 stating, The said plaintiff complains and says: That the defendant is indebted to the plaintiff for reasons stated herein for unpaid balance due. (Plaintiff being Midland Funding LLC as assignee of Citibank). and asks for judgement $$. I received via regular mail and the service requested was personal. (Not sure if this matters). Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt. Affidavit of debt reads as follows: (Also not notorized). I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf. 1. Defendant has an account balance of $$, which is owed to Plaintiff on account ####. a. The type of account is a credit card (Issuing company: CitiBank) 2. The plaintiff has obtained this debt from CitiBank (South Dakota). 3. The account balance includes MCM's records that there are no late fees after 2/20/09 ------ The summons was issued 2/11/2013 The first letter I received from this law firm was dated 1/24/2013 Affidavit dated 1/5/2013 The amount is just under $1000.00 I could pay it off and just settle but I'm not sure I should. First of all, I can't even find a CitiCard listed on my credit report or the original account number. All I find is MCM. I had not had a chance to send a letter of verification prior to the summons. Which, it doesn't look as though they waited 30days anyway! Now what?? I've read some horrible things about this law firm and MCM and not sure I should give them any money. I don't know if a DV is worth my time at this point. Court is scheduled 3/21/2013. Also, If I settle, will it still be filed as a public record on my report? Or should I dispute? Also should I dispute MCM records on my credit report since there is no report for this account # originally??
  19. Here's my situation. I have a Florida CA reporting negatively on my Credit Report since 6/2008. On the actual TL, it says the Creditor Name is: COLLECTIONS. Next it says the Original Creditor is: COLLECTIONS Here's what it looks like: Collection Accounts: Accounts seriously past due Creditor Name: COLLECTION Account NO.: 158**** Original Creditor: COLLECTION Responsibility: Joint Condition: Derogatory Original Balance: $1565 Balance: $1565 Date Opened: 06/12/2008 Date Reported: 12/23/2012 Remarks: Account information disputed by consumer, meets FCRA requirements Elsewhere on my Credit Report it lists contact information for a creditor called: NCC Business Services (FL) From a Credit Report I pulled a few years ago, I know the name of the OC is - Waters Edge Apartments. The CA is and was - NCC Business Services. It's weird that the OC has been removed from my credit report entirely. They aren't listed anywhere whatsoever. But now called: COLLECTIONS. What I'm wondering is - is this a violation of the FDCPA and / or FCRA because it's confusing and misleading. This debt stems from a misunderstanding when I vacated an apartment. I gave proper notice to a woman who either quit or was fired the following week. Of course, the apartment complex claims they 'never got it' so I allegedly violated the lease... Hence the charges: $1565 This is a joint account - I had a room mate when I lived there. This is on their CR too. Thanks for any help in advance.... I disputed it a few years ago, before I found out about this forum, and did it electronically, not by CMRRR. (I know, a bad idea)
  20. Myself and my Exwife are being sued by General Counsel of Wells Fargo Bank, NA for a Line of Credit Visa account pledged against our home (now her Home) as signatories as officers of a corporation (now suspended) in California. She was served the papers but I live in a different part of the state and was never served. Does this sound correct? We are legally divorced and the debt was assigned to me, not that it matters since we both signed the alleged application for credit. Is this failure of service significant? How should it be addressed in court? I/WE have a case management conference in a week or so. Thank you!