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Found 21 results

  1. http://www.cnn.com/2015/04/12/opinions/cevallos-facebook-process-serving/index.html
  2. All, I (defendant) was served just over a week ago. The fourteen day response time is nearing quick. The law firm representing the plaintiff (Portfolio Recovery Associates) and I have since reached a payment agreement (not 'settlement') and I have documents from law firm about this agreement, pay dates, etc. I do not dispute the amount owed, however some of the background on the petition is fuzzy/not accurate. At this point, should I file an Answer anyways and deny or admit those paragraphs that I know are, and use a defense that there is a current and active payment agreement betwee
  3. I was served a "Consumer Credit Transaction" on the 19th of August. In it, it indicates that I am "summoned and required to serve upon plaintiff's attorney an answer to this complaint in this action within twenty days after the service of this summons, exclusive of the day of service..." The attorney is out of Schachter Portnoy LLC in Valhalla NY and it says that the plaintiff is "Cavalry SPV I, LLC, AS ASSIGNEE OF SYNCHRONY BANK" Page 2, which contains the "VERIFIED COMPLAINT" states in part: "1. That at all times hereinafter mentioned, plaintiff, CAVALRY SPV I, LLC, is a limited li
  4. Hi all, I am asking for assistance as I do not know what I am doing. I am being sue for $3500 from midland funding over a debt that they purchased from a Barclaycard. I have tried to negotiate with them over the past week, but I only have 20 days to reply to the court with my answer regarding this case. All of the settlement options that they are suggesting are unrealistic for my current income (my partner just left his job and I am paying for both of our bills). Should I turn in an answer just I case we aren't able to settle in time? can someone help me write the answer? how to I get a
  5. 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES LLC ASSIGNEE OF SYNCHRONY BANK( DEPARTMENT STORE NAME) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RAUSH, STURM, ISRAEL, ENERSON & HORNIK LLC 3. How much are you being sued for? $2,500 4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK( DEPARTMENT STORE NAME) 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)
  6. shellieh98 @debtzapper @texasrocker @TomnTex I have seen some awesome support & responses from you guys and I am hoping to I can get some feedback. I am seriously running out of times, and stressed. I was served by Portfolio Recovery Associates LLC Assignee of Synchrony Bank. In Texas, we only have 14 days to answer and I am seriously running out of Time. I already sent a Meet and confer Demand for Arbitration letter ( to the Attorney and PRA). I am in the Process of preparing the following Answer/Motion. I have not heard back from the attorney, and I am running out
  7. In late December 2015 I disputed some things on my credit reports. In January PRA started there process of suing me, and I was officially served yesterday, Feb 6, 2016. The packet includes: The summons page Form 1.997 civil cover sheet The complaint Exhibit A: Affidavit from PRA Bill of Sale from Citibank (no information specific to me or my account) An account statement from the OC Process server worksheet Since yesterday I have been lurking trying to gather info. Based off of my readings I feel confident that I can handle this in court with no la
  8. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael James Young P.O. Box 460568 Houston, TX 3. How much are you being sued for? $1900 4. Who is the original creditor? (if not the Plaintiff) Citibank (Best Buy Card) 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) In Person 7. Was the service legal as required by your state? Yes 8. What was your corresponde
  9. Hello everybody, I was served 6/21/2015 and had 14 days to reply to the lawsuit. My answer is due 7/6/2015. I currently have consulted with two attorneys near my area, and they both told me that it would be pointless to hire them because of their high legal fees(fees=2000, amount being sued for =2300) therefore they told me it was best to try to settle with the collection agency. I have tried calling the collection agency but since i currently just graduated college, i dont have the current high amount of money they are trying to get me to pay. So I'm going to try and mediate with them by an
  10. Hello, I just received a summons from Midland Funding and I need help. It's for a Sears account. I was going to be without internet for 3 months, so I set up my Sears account payments in advance. I found a place to use internet about half way through the 3 months and found out Sears had kicked two of my payments out and had placed late fees on my account and raised my interest. I tried to get online to fix it and they wouldn't let me on my account without stating that it was my fault my payments were late. So I tried calling them and no one could or would help me. I finally gave up
  11. The Custodian of Records for Portfoilo recovery that I served a subpoena on today was successfully served on the first attempt. Now what???? I was studying and working on my Motion and Limine to the CCP98 and I think it is now a moot point. right? What next freaking out. Didn't think service would be successful. I know I should be objecting to something just not sure at this point.
  12. 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.) - Johnson Mark, LLC 3. How much are you being sued for? Under $5000 4. Who is the original creditor? (if not the Plaintiff) - CIT BANK 5. How do you know you are being sued? (You were served, right?) - Right...summons served 6. How were you served? (Mail, In person, Notice on door) - I wasn't home, husband refused to accept, they left it on the front porch anyway 7. Was the
  13. 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.) HUNT & HENRIQUES, Attorneys at Law 3. How much are you being sued for? $1x,xxx (LIMITED CIVIL CASE, exceeds 10,000 but does not exceed $25,000) 4. Who is the original creditor? (if not the Plaintiff) WELLS FARGO BANK, N.A. 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) IN PERSON (FAMILY MEMBER). 7. Was the service legal
  14. Hi everyone! I was served about 25 days ago by CACH LLC. Originally, I thought that the collection on my credit wasn't mine, so I disupted it and it was deleted. . I was able to hire an attroney that will send them a letter as a response to the judgement. He doesn't think that he can win alleging lack of standing or proof that I owe the debt. He thinks that he should pursue the SOL defense more. The original creditor was Bank of America (allegedly), the terms and conditions were likely from Delaware. My attorney thinks that he can get this case dismissed because that the agreement
  15. Newbie here. Tried to find this situation amongst the Forum. OC is Barclays Bank Delaware. They charged off my CC. Received calls for months from Nelson & Kennard. Was substitute served. I've tried to contact OC who passed my call to trakamerica (DC). My credit reports show charged off, closed by guarantor. So, N&K is a DC. Wondering how common it is for them to (or any DC) to not name themselves as True Plaintiff? The Cause of Action is Common Counts and not Breach, as you might expect in a cc case. No supportive documentation, just over $2K. I filed a general denial (verified, as
  16. Good afternoon everyone, I've had several mailings coming to my house over the last few days from local attorneys claiming I have a summons heading my way. After some digging into the Dallas Clerk's records I discovered that I am being sued by Portfolio Recovery Associates (Capital One debt). My SOL would have been aged through in 2 months, so I'm definitely going to have to fight it. I've done some research into the attorney handling the case and she has a record of letting things go to "Dismissal for Want of Prosecution". I'd say 85-90% of her credit card cases end with that ruling. Many
  17. First of all, Thank you for your time & attention! Can someone help me by giving me an example or template for: -Praecipe to Submit Preliminary Objections -Preliminary Objections I took out 3 non-federal student loans to help pay for my undergraduate degree. My dad is my co-signer on these loans. I graduated then went to Asia to get my MBA with Syracuse. Crossing languages & countries- the Plaintiff didn't acknowledge that I was in grad school therefore they did not defer my loans. I have not mad any payment on these 3 loans. I was served papers for a civil action law suit (
  18. These forums have been incredible and are honestly the most competent and helpful resource out there - thank you all! Quick background: Oct 2012: Received letter from H&H stating that they they were attempting to collect on behalf of CapOne. Oct 2012: DV'd them and received a very sad packet with the name and address of original creditor and account statements from Aug 2011 - May 2012. CapOne confirmed my account was closed and charged off/bought? May 2012. Jan 2013: Received notice of intent to file suit and incur court costs - "on behalf of our client CapOne", ended doc with "This c
  19. Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to p
  20. Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to p
  21. Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to p