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Found 7 results

  1. Hello, I am new, and this is my post (I hope I am doing this correctly). I am asking this question on behalf of my partner. A summons to small claims court for a credit card debt collection in the amount of $828.51 was sent to the home of my partner's mother (who was his guardian from April of 2016 until July of 2017, after he suffered a debilitating brain anerusm). His mother informed us of this summons having been posted on her front door on February 18, 2018. She scanned and emailed a copy of said summons to us. My partner does not live at his mother's address, nor has he lived at her address in well over twenty years. After leaving a care facility in September of 2017, my partner finally was able to come home (our home is 2 1/2 hours away from where all of the brain aneurysm-related issues took place). He wants to fight the debt collection in court, however, because we do not believe he has been given proper service, and has also been shown no proof the debt is his, nor does he even remember having the particular credit card in question. We are unsure of how to proceed, as he is disabled and unable to drive to the courthouse 2 1/2 hours away to address any of this. A letter arrive in the mail yesterday at his mother's house from the court, which she informed us she marked "Return to Sender, Does Not Live at This Address" (because, well, he does not live there), and set out to be collected by the mailman. The trial (according to the case notes listed on the online database for our state) is scheduled for April 18, 2018. He is not willing to have a judgement issued against him without fighting it, but he does not believe he's being given due process. Could someone please advise us on how to proceed? Also, I'm not sure if this is helpful/relevant information, but the creditor bringing the lawsuit against him is Midland Funding, and my partner is currently an SSDI recipient (he has no other source of income, nor any assets). Thank you so much to anyone who may be able to provide helpful advice!
  2. In 2009 I was extremely ill to the point I had to turn my finances over to my spouse. During that time, my spouse signed for a summons on a credit card debt. They never gave it to me. I only just became aware of it via a credit report. Bottom line, I did not get the opportunity to validate the debt or defend myself. Do I have any legal grounds to vacate the judgment at this point?
  3. So after yet another bleary-eyed exhausting day and night of reading threads, researching, revising my Affirmative Defenses to add to my Answer in a case involving a JDB suing for Breach of Contract, Account Stated, Open Book Account, and Indebtedness, I'd like to step away from all of that for a moment to ask a serious question about Service. Is it fair to say that the right to Service, in actual fact, appears to benefit no one but the Plaintiff? I have a case dating to last year in which I was never, ever served anything by the Plaintiff, yet the case was allowed to go to trial. Everyone tells me that I waived my right to Service of the complaint by answering it (after finding out about it through a third party), but that it was also the best thing I could have done because otherwise I'd have faced a default judgment. Fair enough, I suppose (though still pretty shady). However as I understand it, even if I had somehow been able to file a motion to dismiss for lack of service prior to filing my Answer, it would have had to have been in the form of a demurrer in California, and the judge would most likely have simply given the Plaintiff a heads up and another 30 days to serve. So what's the point of setting a deadline for Service when it comes to the Plaintiff, if they're just going to be given extensions? In a more recent case, I was served, but it was a full week after the 30 day deadline. Again, if I was to file a motion about it, all I'd be doing is tying up my own time for getting in the Answer. And from what I hear on the site, if I did miss the deadline by even a day, "Holy Beejeebus, your goose is cooked now man, you blew it!" Am I wrong about this or is there a serious double-standard inherent in the system when it comes to the issue of service and proof thereof? Curious and frustrated.
  4. I am currently in the military (active duty) and I came a cross this link a few years back. http://www.military.com/benefits/military-legal-matters/scra/servicemembers-civil-relief-act-overview.html It may help those of us on Active Duty. It seems this applies to all who are active duty. I recently went through and contacted all my credit card creditors and they reduced my interest rate below 6%. Hopefully this is a useful resource for those in the military.
  5. Maybe a very dumb question, but . . If I want to file an FDCPA complaint based on an element of the Plaintiff's complaint/lawsuit, does the SOL of one year run from the date the suit was originally filed with the court or when I was served? The difference is between the beginning of February and the beginning of April. So, I would like to think it has to be from the date of service, right? Since I was unaware of the complaint before then. Thanks.
  6. I'm trying to find the registered agent for Chase Card Services as it reports incorrect info to Equifax. According to the credit report and a fax I received from Chase Card Services, they are in Delaware (PO box). But, when I search https://delecorp.delaware.gov/tin/controller I find nothing for "Chase Card Services." Do we sue and serve JP Morgan Chase? There are only several hundred ... Or do we just serve at any Chase branch? Thanks for any pointers, Christine
  7. Can anyone please tell me why a plaintiff in California does not need to file a proof of service? I am sued by a collection agency thru. a law firm, and I really need to find out if they do not need to file proof of service and went ahead file a default judgement. Thanks!