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Found 7 results

  1. I found a packet of papers in my mailbox 2 days ago, not in an envelope, mixed in with the other mail. It looks like a summons, but every stamp and signature on it is clearly computer generated. The "Return of Service of Summons" at the bottom of the page isn't filled out at all. There appears to be a case number at the top of the page, so my next move is to go online and attempt to find out if this is even real. If this IS a summons that has been filed, I plan to answer the summons. It is my understanding that the summons was NOT served the way it should be in my state. How do I work that into a written response? 1. Who is the named plaintiff in the suit? - Cavalry SPV 1, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lloyd and McDaniel, PC 3. How much are you being sued for? $1300 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Found what looks to be a summons in my mailbox, not in an envelope, mixed in with the other mail, 2 days ago. 6. How were you served? (Mail, In person, Notice on door) In mailbox 2 days ago. 7. Was the service legal as required by your state? Not as I understand it. In addition, the "Return of Service of Summons" portion at the bottom of the summons is not filled out. 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? - Indiana, Hendricks- although one page in the packet says that I live in Hamilton county. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 2014 12. What is the SOL on the debt? To find out: 10 Years Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Going to attempt to find it online. 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? Summons says it was filed on 1/30. Also says I have 20 days to respond after I receive the summons, or 23 days if received by mail. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Three copies of the complaint, an affidavit of debt that appears to have been filed in NY state, a DoD status report that says I'm not in the military, a bill of sale of the above debt, screenshots of a Citibank account with my info, and something labeled "Odyssey File and Serve-Envelope Summary" that says the case is located in Hamilton County.
  2. Hello, Can a lawyer please help me or give me advise. I am being sued by Midland Funding Group, and I had already responded with a General Denial Form. Along with that I sent their lawyer a Bill of Particular to respond to within 10 days. I had sent out the Bill of Particular towards the end of April and did not get a response back from them until recently (October). It had been 5 months until they got back to me, is this allowed? Can something be done, like for me to ask the judge to drop the case because of their response time? As well, they stated basically that what I had asked for was not relevant to the case (which is BS), and that their client was still investigating and is not ready for trial. I'm not really sure where to go from here, any advise would greatly be appreciated. Thanks so much!
  3. Hello, Can a lawyer please help me or give me advise. I am being sued by Midland Funding Group, and I had already responded with a General Denial Form. Along with that I sent their lawyer a Bill of Particular to respond to within 10 days. I had sent out the Bill of Particular towards the end of April and did not get a response back from them until recently (October). It had been 5 months until they got back to me, is this allowed? Can something be done, like for me to ask the judge to drop the case because of their response time? As well, they stated basically that what I had asked for was not relevant to the case (which is BS), and that their client was still investigating and is not ready for trial. Also, are they still allowed to contact me to collect debt since they are suing me. The other day I got a call from the lawyer, sent it straight to my voicemail, and in it they stated that this is an "attempt to collect a debt." Isn't this harassment since they are already suing me. Can I do something about this? I'm not really sure where to go from here, any advise would greatly be appreciated. Thanks so much!
  4. Introduction: Sued by JH Debt Portfolio Equities, LLC (JDB2), debt purchased from Oliphant Financial, LLC (JDB1) whom purchased from OC (Capital One) Account and Debt are unknown to me (Pro Se Defendant) Responded to Petition with General Denial and Special Exceptions, requested Disclosures from Plaintiff (required multiple additional requests to comply to get documents) Responded to Plaintiff's Request for Admission with Denials. Current Delimma: Plaintiff (JDB2) filed Motion for Summary Judgment. In the motion the Plaintiff specifically refers to Bussiness Record Affidavit and an Affidavit for Attorney Fees. The motion fails to enumerate the facts at issues and which pages of attached evidence address the facts, it does have documents attached as evidence, all of which fail to show a direct link between the Plaintiff and account. (Attached) How do I specify issues of fact and objections if the motion is stated in a general manner? Strategically, if I go through all of the pleadings and motion and identify related evidence + weaknesses I do myself a disservice. I would be stating the grounds for their case, giving them all the info they need to strengthen their case, and it providing them with information regarding my strategy, knowledge base, and abilities. Can someone please help me with how best to address this issue? I know that I can request revisions by specifying things that are vague or ambiguous, but that my request is too general it will be denied, and am again unsure because their entire motion is too vague and ambiguous. I welcome your related experiences and advice. Thank you in advance. JDB-MSJ.pdf
  5. I received a summons last week and I need to respond, but after reading so much on this site, I still am confused and need some help, please. I am being sued for $1600 from Attorney, Robert Scott Kennard, representing National Credit Adjusters, LLC collection agency, the papers were filed in San Bernardino County Civil Court, CA on 6/10/13 and were served to my daughter in law on 8/20/13. I am disabled and my income is limited to SS benefits, so I cannot afford an attorney. 1) The most important question I have is, am I responding to the 2 page "Complaint-Contract", or to the 1 page "Cause of Action-Common Counts"? I believe I should be answering the Cause of Action because of the nature of the content, but the instructions on this site indicate to respond to the Complaint. 2) Is there a legal form I need to use to file my response or do I just type it up on regular paper? 3) I think the Statute of Limitations applies for me, but am not sure. According to my credit report, the last payment for this creditor was 6/2009. From 7/2009 on, my report shows 30, 60, 90 120, all the way to Charge Off. From what I understand, the "open Book Account" rule (which the court papers say this is) for CA is 4 years, but is that from the last purchase or the last payment? And if it's from the last payment of 6/2009 (actual date unknown) and the court papers were filed on 6/10/2013, how do I know if it's a few days shy, or a few day over the 4 year mark? 4) If I do site the Statute of Limitations, do I still deny the said charges as unclear? The papers say Sterling Jewelers, which I am assuming is Jared Jewelers, and to be honest, I have no idea what I owed them when I became disabled and had to stop paying because my income became very limited, but the amount owed to Jared on my credit report matches with the amount I am being sued for. Please if anyone can help me, I would be eternally grateful. I am very willing to provide any and all information needed for assistance. Thank you!
  6. I recently received a summons to superior court in Georgia for a credit card I know nothing about. The plaintiff is Cavalry SPV and the attorney is Hanna & Assoc. I answered the summons, and now I am drafting responses to the Request for Admission of Facts, Request for Production of Documents, and Interrogatories. I am listing the questions and my answers below -- I would sincerely appreciate any advice or critiques, as this process has a very steep learning curve. Thank you in advance. Request for Admission of Facts 1. You applied for, and received, a credit card account No.XXXX from the Plaintiff. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor receiving this card. 2. You made purchases or received cash advances using the credit card, leaving a net unpaid balance on the account of $5,XXX. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember using this card. 3. When you applied for the credit card, you agreed to make at least the minimum payment due every month on the indebtedness owing by you on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 4. You received the credit card agreement attached to Plaintiff's Complaint, you understood its terms and conditions and you agreed to abide by the terms and conditions imposed thereby. Denied. There was no agreement attached to Plaintiff's Complaint. 5. You made at least the minimum monthly payments owing on the credit card account for a period of time. Denied. 6. You ceased making the minimum monthly payments on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 7. You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement. Defendant has already denied recollection of this card and therefore this question is improper. 8. You have refused to pay the principal balance due Plaintiff on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 9. You owe to Plaintiff the current past due principal balance of $5XXX. Denied. 10. You owe to Plaintiff interest on the past due balance of $4XXX. Denied. 11. You owe to Plaintiff contractual attorney's fees on the unpaid principal balance in the amount of $0. Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any legal fees claimed by Plaintiff. 12. You are legally and financially responsible to the Plaintiff for the indebtedness owing on the credit card. Denied. 13. You have benefitted, either directly or indirectly, from the use of the credit card. Denied. 14. You have not been released from liability by the Plaintiff for this debt. Defendant has already denied recollection of this card and therefore this question is improper. 15. You did not dispute any of the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. Defendant has already denied recollection of this card and therefore this question is improper. 16. There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer. Denied. 17. You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect. Admit. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the Complaint as an alleged "original creditor" and therefore has no documentation regarding any account for any purpose as defined in the complaint. 18. You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff. Denied. See 17. 19. You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted. Denied. 20. You do not have any legal factual basis for your defense of lack of standing. Denied. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the complaint as an alleged "original creditor" therefore Plaintiff lacks standing to sue Defendant for recovery of non-existent debt. 21. You do not have any factual basis for your claim that Plaintiff does not have a valid assignment. Denied. Plaintiff has attached no documents which demonstrate legal assignment of any debt that Defendant is personally responsible for to Plaintiff. 22. You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest. Denied. Defendant has never entered into any contractual agreement with Plaintiff for any reason and does not owe Plaintiff any money. 23. You have no defense to this lawsuit. Denied. Defendant preserves their right to use any defense allowed by the laws of the state of Georgia in trial and appeal. Any comments are welcome. I will post the Interrogatories next.
  7. I recently finalized a very nasty divorce and was lucky enough to have my husband leave me with nearly $10,000 in debt collections. I began doing my research on how to properly contact them to settle and pay off these debts. I drafted a letter offering a settlement amount in return for the CA removing all information regarding the debts from the credit reporting agencies within ten calendar days of payment. I sent the letters certified mail with return receipt requested, and notified them that my offer would expire in 15 days. It has been 14 calendar days/10 business days (not including the day I mailed them) since they have been sent. So far I have only received 1 return receipt, and absolutely no response from any of them. I am just not really sure what to do, prior to my husband running up a ton of debt in my name I had a squeaky clean credit report. Any and all help would be greatly appreciated. I apologize now for not really knowing any of the lingo - but I am very new to all of this.