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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
  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
  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
  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
  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. H
  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 definit
  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
  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? Proc
  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
  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 t
  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-
  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 peopl
  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
  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"
  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 the
  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 noto
  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 C
  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 i