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Found 6 results

  1. First contact: I received a letter from a local consumer rights attorney on July 28, 2016. Second contact: Left taped to my front door....IMPORTANT!!! (My name spelled incorrectly) An attempt was made to deliver IMPORTANT Court Documents to you today
  2. I've read several different cases on this site regarding portfolio Recovery but I'm freaking out since I sent in my answer and also requested info on how I proceed for file for discovery but no answer instead I get a letter today from the judge with a court date and stating if no show a judgement would be placed. Do I just send a copy of the request for discovery since they never gave me an answer on the process of it? I will be ordering the book @texasrocker suggested this evening but I'm just really scared since I've never had to appear in court or in front of a judge ever in my life. I have read also that I could file for ARB so I'm so confused on what to do at this point until I get the book. Any suggestions would be greatly appreciated. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates,LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RAUSCH, STURM, ISRAEL, ENERSON & HORNIK, LLC 3. How much are you being sued for? $880.09 4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK (PAYPAL) 5. How do you know you are being sued? (You were served, right?) served with papers on door, then also looked up case on justice court website 6. How were you served? (Mail, In person, Notice on door) received them taped to my front door in a ziploc bag. 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? Unknown. They attempted calling in the past, but I did not know them. 9. What state and county do you live in? TX Kaufman County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to the summons 10-05-2014 11. What is the SOL on the debt? To find out: 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I'm sure I have 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I had 14 days, which I sent a general answer that I received on here. I also asked how to proceed with filke for discovery which they have never answered me. I plan on calling tomorrow. I received a paper today in the mail from the judge with a court date of 10-5-2016. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only the original petition from the courts that I was being sued
  3. First post and very glad I have found this forum. Initial plan if I understand it correctly is to file then serve General Denial CMRRR (any help with affirmative defenses would be great), send BOP CMRRR, then start strategizing from there. I have been reviewing the stickied posts and starting to go through the older posts; I hope the information I provide is useful. Thanks in advance for any assistance. Exact quotes, amounts, and identifying info have been sanitized and abbreviated. 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES, LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) EMILY PIERCE/JORDAN D. COOK/LORI N. WILLIAMS /KRISTEN L. BRINKERHOFF PRA 3. How much are you being sued for? $1XXX 4. Who is the original creditor? (if not the Plaintiff) Cap One 5. How do you know you are being sued? (You were served, right?) OTHER ADULT IN HOUSEHOLD SERVED 1/3 9AM, THEN VIA MAIL POSTMARKED 1/4 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? YES 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 9. What state and county do you live in? ORANGE COUNTY, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Allegedly 02/2013 per complaint 11. What is the SOL on the debt? To find out: 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). SUIT SERVED, NO MOTIONS FILED 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 4. 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? -30 CALENDAR DAYS (OR 40 SINCE SERVICE WAS NOT DIRECTLY TO ME?) PLD-C-001 COMPLAINT-Contract 1. PRA VS EinCA 3. Plaintiff is LLC in CA 8. Causes of Action X Common Counts 9. Other Allegations: See Attachment One 10. a. damages of $1XXX d. mail everything to plaintiff's attorney until formal notice PLD-C_001(2) FIRST CAUSE OF ACTION-Common Counts ATTACHMENT TO Complaint CC-1. PRA alleges that EinCA became indebted to "Plaintiff's predecessor on an account assigned, transferred and/or sold to Plaintiff. Plaintiff is the assignee of the account. See attachment ONE, incoorporated by reference hereto. a. within the last four years (2) because an account was stated in writing by and btween plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. CC-4 Other: Plaintiff purchased, is current owner, "plaintiff" refers to plaintiff's predecessor in interest, see attachment 1 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ATTACHMENT ONE Plaintiff is assignee as of xx/2014, balance was $1XXX, no post charge-off interest of fees, last payment 02/13, Cap One is creditor, bought by PR, LLC, seeking $1xxx + costs (this attachment has 10 lines, will provide on request) Also attached were copies of 5 Cap One statements from 2013 and a Cap One "Cycle Facsimile Report" with some data on the account from 2013, a Cap One charge-off notice, a dec re reduced filing fees, and ADR info
  4. Hi All, I'm very new to this forum, however I will say I've been reading like a madman all the information here over the last two days. The knowledge is incredible and it's give me hope. I have already been to a hearing, to determine if we were going to settle or got to trial, I knew to deny everything and I did. I told the judge they hadn't provided any proof I own the debt other than the assignment document and two statements with my name and address on them. The judge basically told me requesting proof of the debt won't help me, which kind of made me feel like there was no chance. As I left after they set the trial date, it made me angry and determined, as everyone else in there was making payment arrangements. I will say their attorney appeared a little taken aback that I denied it all. I have posted all the documents I have after taking out all personal identifying info. Would anyone take a look and offer me guidance please? I would reall appreciate any assistance or advice I can get. Thanks so much for all you do.
  5. Please delete this thread, corrected and reposted at: http://www.creditinfocenter.com/community/topic/322166-liberty-acquisitions-servicing-v-jt7/
  6. Hello, I'm being sued by Hunt and Henriques for about 2,600. The original company was HSBC and the original debt was about 1,900. I have 30 days to report back to the court. Should I try to file for arbitrations through JAMS or is there another option that I should look into? The account will be about 4 years old next year. Any help will be most appreciated. I'm a newbie here.