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Wife is being sued by BofA for 9K in California. Currently responding to "Requests for Admission", being sure not to admit to anything that would hurt her case. I have less than 10 days to finish that. There is already a court date scheduled for late June. My goal is to put up enough of a fight to be able to settle for less than owed. 50% I could pay in a lump sum. Just not sure if there's any way to gain any sort of leverage here. Not sure if filing a motion to compel arbitration is possible as there seems to be no arbitration clause in the credit card agreement. I'm also looking into asking for documents via Discovery but that also seems like a no go as this isn't a junk debt buyer but rather Bank of America themselves. With my goal in mind, what should be my next move? Any suggestions would be greatly appreciated as I'm at a loss for what to do next. I thank you for taking the time to read this. If there are any further details I can provide, please let me know.

1. Who is the named plaintiff in the suit? B.ank of A.me.rica 2. What is the name of the law firm handling the suit? S.cott and a&#036;&#036;/o/ciates, PC 3. How much are you being sued for? >22K 4. Who is the original creditor? Plaintiff 5. How do you know you are being sued? I was served 6. How were you served? In person 7. Was the service legal as required by your state? In-person or certified mail 8. What was your correspondence (if any) with the people suing you before you think you were being sued? received a letter from them telling me they are a debt collector and trying to collect a debt from plaintiff 9. What state and county do you live in? Texas, Galveston 10. When is the last time you paid on this account? March of 2020 11. When did you open the account (looking to establish what card agreement may be applicable)? 2016 12. What is the SOL on the debt? 4 years 13. What is the status of your case? Suit served? Motions filed? I was served recently and i need to file OA 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) yes 15. Did you request debt validation before the suit was filed? I have not 16. How long do you have to respond to the suit? 30 Days. I plan to answer in time, trying to learn as much as possible before I file. Simply a list of "facts" and two counts...suit on debt and breach of contract. Plus credit card statements attached to the back. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They stapled a copy of the last statement to the lawsuit. 18. How did you find out about this site? Internet search I am writing my answer to the suit. I have done a search on my own county's court record website, as well as harris county (a much larger county close by) to find strategies, or maybe even law firms who have somewhat of a decent win ratio against plaintiff - and i am discouraged. Also the ProSe wins are just few and far in between. This is more or less what I plan on: 1. DEFENDANT'S ORIGINAL ANSWER NOW COMES Defendant, <me>, named Defendant in the above-entitled and numbered cause, and files this Original Answer, and shows the Court: 2. GENERAL DENIAL Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendant denies each and every, all and singular, of all allegations set forth in Plaintiff's Original Petition, and demands strict proof thereof by preponderance of credible evidence as required by the Texas Rules of Civil Procedure. Entering this general denial does not prevent defendant from raising other defenses at trial, Texas Rules of Civil Procedure Rule 502.2(b) 3. AFFIRMATIVE DEFENSES By way of further answer, in the alternative, if such be necessary, and without waiving any of the foregoing, Defendant asserts and/or alleges the following affirmative defenses: i. contributory negligence; ii. laches waiver; iii. failures of consideration; iv. affirmative defense of fraud; v. the defense of justification and excuse; vi. the Business Judgment Rule; vii. failure to mitigate damages, and; viii. all conditions precedent has not been performed and has not occurred. Defendant further alleges the following affirmative defenses: a. Plaintiff fails to state a claim on which relief can be granted. b. Plaintiff's action is barred by statutes of limitations or laches. c. Plaintiff's action is barred by accord and satisfaction. d. Plaintiff's action is barred by reason of estoppel. e. Plaintiff's action is barred by unjust enrichment. f. Plaintiff's action is barred by violation of the duty of good faith and fair dealing. g. Plaintiff's action is barred by usury. h. Plaintiff's action is barred by lack of capacity. i. Plaintiff's action is barred by its failure to validate the debt. j. Plaintiff's action is barred as this is not an action on an open account. k. Plaintiff's action is barred by setoff, recoupment, or payment. l. Plaintiff's action is barred by its failure to mitigate damages. 4. RIGHT TO AMEND AND SUPPLEMENT ANSWER Defendant respectfully reserves the right to amend and supplement this answer, including the right to add, change, or withdraw affirmative defenses, as may be appropriate or necessary because of discoveries or orders of this honorable court 5. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays A. That the court denies plaintiff's petition, B. That Plaintiff take nothing herein, C. that Defendant be awarded the relief prayed for hereinabove, and for such other and further relief, special or general, legal or equitable, as may be shown that Defendant is justly entitled to receive. Respectfully submitted, <me> I have read most of the information here I also read the info on affirmative defenses on this forum So, from some of that discussion, it seems you change the burden of proof to yourself, if you include "the wrong" affirmative defenses. So I am in doubt whether to include some of these, none of these or all or more of the affirmative defenses I have. My main goal will be to avoid a judgment (although I am reasonably garnishproof). I have the funds for settlement - b of a offered me 25% in the past (but I did not have the funds at that time). From what i can gather the arbitration route is not an option available to me. What can I do to make my negotiation position as strong as possible? Sorry for the long post. The more I research, the less hopeful I get. Thanks in advance for any insights/remarks

Hello! I am new here and totally lost. I received a strange advertisement in the mail on or about March 28 from Weston Legal offering to help me with debt collection. I dismissed it as junk mail but noticed there was a case number on the letter. Curious, so I went to the county website and found that Scott& Associates, on behalf of LVNV had filed a suit against me on March 25. I was shocked. I've seen LVNV on my credit reports but have never spoken to them or gotten paperwork in the mail from them. When I got served on April 04, the paperwork had a bright yellow note from Scott & Associates stating I could settle without going to court. I contacted them and was advised I was on a recorded line. I never admitted to the debt and instead said I had no proof of this debt. The rep stated that "Resurgent Capital would be mailing me verification shortly". I have no idea who they are either. So yesterday and today I received two different debt validation letters from Resurgent, dated April 06. One is basically the paperwork the suit had. The 2nd shows payment history from August 2018-January 2020. The letter also says I have until May 11 to dispute the debt and they will stop all collection activity while they investigate, if I choose to do so. I'm confused because they've already served me. I worked on a general denial answer that I plan on filing today. All 3 of the CRA show my account with Web Bank in good standing, closed August 2018. The LVNV is in collections. Since this time, I have been the victim of identity theft thanks to multiple breaches with our mortgage company, loan servicer, and cell phone carrier, with fraudulent attempts to obtain a PPP loan with SBA and open a bank account with Wells Fargo. I have filed an identity theft report with FTC and have a credit freeze and fraud alert with all 3 CRA. My credit has taken a beating with hard inquiries and now this collection account. I don't have the financial means to settle, although I could probably make small payments if I had to. As I stated above, I intend to file a general denial answer with our JP court where the suit was filed, but should I consider arbitration, and if so, when do I request that? Thank you in advance! 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? 3. How much are you being sued for? $5926.32 (outstanding balance was $5099 and I guess they added fees) 4. Who is the original creditor? (if not the Plaintiff) Web Bank 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? Texas, Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing prior 9. What state and county do you live in? Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2020, not outside of SOL 11. When did you open the account? 2016, refinanced August 2018 12. What is the SOL on the debt? To find out: Last payment 01/2020 so 01/2024? 13. What is the status of your case? No court date set yet. I have written a general denial answer but haven't filed yet. Website shows "pending" 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes I have. The original account with Avant/Web Bank is not on any of my credit reports, only the collection acct by LVNV which shows opened June 2020 as 1 month revolving acct. 15. Did you request debt validation before the suit was filed? Note: No but I received 2 debt validation letters from Resurgent Capital after I was served, dated April 06. 16. How long do you have to respond to the suit? 14 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Bill of Sale (from Avant to Sherman Originator III LLC). It states "for value received and pursuant to the terms and conditions of the Purchase and Sale Agreement dated as of this 27th day of June, 2019" but under where it is signed it says June 24, 2020. Is this valid if there are 2 different dates? Transfer and Assignment from Sherman Originator III LLC to Sherman Originator LLC (SOLLC). 2nd paragraph then states SOLLC transfers to LVNV Funding LLC Transfer and Assignment Signature page for 3 parties dated June 24, 2020 Copy of spreadsheet listing the account history and transfer. What appears to be partial contract, showing loan agreement and promissory note arbitration clause, etc. Nothing showing when I stopped making payments. * After the suit was served, Resurgent sent me a small printout of payments made. This was no included with the suit 18. How did you find out about this site? Google

Hi, Patenaude & Felix fist reached out in April and I requested the letter of validation witch they replied to on 4/21. I was under the impression that they will reach out to me for a settlement. INSTEAD, fast forward to 9/20 and I get legal advertisement from lawyer who found my case being filed in court on 8/11. Since I never got served I reached out to Patenaude and they want to settle initial $2900 for $2400. That seems slightly high to me. Should I hire a lawyer and hope that they will settle for less + lawyer fees = less than $2400 or should I proceed with going through court? I would like to know what would be the optimal solution. I don’t mind going the pro se route in hopes that I would pay less in settlement. (My work permit has been delayed so I don’t have means of income or getting a job ) Thanks so much for your help!!

Hello everyone. I could really use some help here. I received a summons on Friday and I am not exactly sure what to do. I have never had to deal with any sort of legal issues before. Any help would be appreciated. 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gamache & Myers PC 3. How much are you being sued for? $615 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 5. How do you know you are being sued? (You were served, right?) Summons 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? I have never been contacted by them before. 9. What state and county do you live in? St. Charles County, Missouri 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/17/14 11. What is the SOL on the debt? To find out: 5 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). Website doesn't say and I haven't called the court. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No. I had no idea that there was a suit.. 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? Scheduled for 1/8/16. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent a copy of their petition to the court- Count 1- Suit on Contract Count 2 - Account Stated and an account summary that specifically states that it is not a statement from the OC.

I WON TODAYYYY!!!! MIDLAND FUNDING filed a lawsuit against me in Lancaster County Pennsylvania claiming that I owed a debt to an old credit card company. They had a lawyer out of Philadelphia Pennsylvania file against me in my local Magistrate Office. I was in the middle of moving when the first notification came through and missed the court date. Thank God the judge did a little research on Midland funding and decided to extend the date requiring Midland to prove that they own the debt and to prove how they got to the amount of that debt and to prove they have the right to have the debt. I think he called it 319b a local Magistrate ruling they can use. So when the new date came up I showed up for trial. I WAS SO SCARED!!! I ALMOST DIDN'T GO!! When I came across this website I began to gain confidence and decided to fight back. Midland funding LLC chose and attorney in Philadelphia to send me a letter that only showed the amount the last 4 digits of the credit card number and my name. They filed that letter with the local magistrate and I received a certified letter saying that I was being sued. I began to read about who Midland funding was because I did not know anything about them and I learned that they were buying debt by the thousands for only Pennies on the dollar and it made me even more angry. I put together a document "answer to the complaint" and a "request for documents", hoping Midland would have to prove their case. When I arrived there I was upset but ready to battle. They sent me into the Courtroom. I stood up as the Judge walked into the room. He said Thank you and allowed me to sit. He said, I did my research on Midland Funding and found they are a debt buyer and for pennies on the dollar. He said, Do you see Midland Funding or its Reps in the room? I stood up and said, no your Honor. He said, well do you have anything to say to the court today regarding your case? I stood up and said, I have prepared an answer to file with the court and he interrupted and said " well that's the beauty of your local court and answer is not required" He said AS HE LOOKED AT THE EMPTY PLAINTIFF SEATS WHERE MIDLAND WAS TO BE, " do you have any requests of the court today considering Midland funding is not present? And he kept saying that and then I got what he was saying and I said "um your Honor, I would like the CASE DISMISSED?" In a questioning voice. The Judge said CASE DISMISSED, DEFAULT JUDGEMENT ENTERED FOR THE DEFENDANT He reminded me they have 30 days to Appeal and good luck!!! YEAH, SO PLEASE SHOW UP NO MATTER WHAT!!! NO MATTER WHAT!!! TRY NO MATTER WHAT!!! #HappygirlinLancasterCounty

So, my wife got a writ of garnishment last week and her wages are to be garnished due to some debt originating from Sears which was bought by LVNV Funding LLC sometime before 2010. The reason I state "sometime before 2010" is because we found her credit report from 2010 (she still had it filed) from all three credit bureaus and nothing reflects a delinquent account from Sears on there. What we know: Since nothing shows on those credit reports from 2010 in regards to Sears then it must have been old enough to reach the 7 year period that erases it off of her credit. Using the case # on Miami Dade's Clerk Of Courts website, LVNV Funding started this lawsuit in 2007 which is when the case # assigned. FYI, she went to a court hearing in regards to that in 2008 and the lawyers representing LVNV Funding LLC did not show. So she and several other people there for the same thing with LVNV were sent home. Nothing came from that day she went to court. As in, there was no follow up letter from court, nothing. It dissipated and it was as if nothing happened. The attorneys they used in 2007 were http://marcadislaw.com/ So, 8 years later after her going to court in 2008 just to be sent home, her wages get garnished out of no where by http://www.ollawgroup.com/ representing LVNV Funding LLC in regards to some Sears debt again. I assume the same mystery one. Same LVNV Funding LLC with their purchased debt from Sears from god knows when and if it is my wife's debt but with different lawyers........... Also, why do i mention the attorneys they are using? Macardis Law is literally down the street from O&L Law Group Marcadis Law is actually Marcardis & Singer Law, Singer being "Gilbert M Singer" - they are the ones that sued on behalf of LVNV Funding LLC in 2007 The attorney that is representing LVNV Funding LLC now is "Jonathan R Singer" @ O&L Law Group -which he is the one that garnished her wages 8 years later after her going to court in vain. The Judge that ruled in favor of both law firms is "Judge Linda Singer Stein" How is this relevant? Bias and prejudice seems like something that could be occurring here amongst other oddities. Everyone minus Ralph Marcadis that has handled this case for LVNV Funding LLC has the same last name "Singer". "Stein" is the last name the judge got from her husband. "Singer" is her true last name. Question # 1 How can I legally obtain information on whether they are or not are related at all? As in, can I call the current lawyer "Jonathan R Singer" and ask and is he obligated to answer? Question #2: This question is based off of the "" as you see above. How can we find out what debt LVNV Funding LLC bought that they sued her for? It doesn't show on her credit back in 2010 nor does it now in Sept 2016 as she spoke to Experion today and they show for nothing in regards to Sears. It would be nice to defend ourselves but we have nothing but "hey your wages are garnished". Question #3 How is it that this case that was opened in 2007 that lead to a court date that my wife went to and then was sent home due to the lawyers not showing up - be then resurrected out of no where 8 years later with no notification but a final judgement of her wages being garnished? On top of that by a different law firm... Alot to read here I know, but there is alot that is going wrong here too, lack of information, lack of notification and lastly some possible bias since (I may be wrong, i know) the first law firm had a Singer on the case, the second law firm also has a singer on the case and the Judge is a Singer. Thanks to whoever in the internet that reads this and replies. I have been profusely researching this for 4 days till 1-2am EST. We are a low income family and they are garnishing her wages for by 25% which is alot for us being she is the only person bringing in money. I am currently working on a startup company and have not made a penny. She did file for Head of Household Exemption since she makes less than $750 a week and is the head of household. Next week is our hearing in regards to the exemption but this week they get 25% of her check. Any help, is amazing. Regards, Tamriel

I just got papers that I’m being sued. I have to give my answer in 14 days. I don’t know what to do. Where do I start? Seeking wisdom from the group: 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? Ashley B Smith, Attorney 3. How much are you being sued for? $1168.45 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 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? Texas, Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing that I know of 9. What state and county do you live in? Hood, Tx 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2018, not outside of SOL. 11. When did you open the account? 2016 12. What is the SOL on the debt? To find out: 13. What is the status of your case? No court date set yet, I haven’t responded Suit served? Motions filed? Nothing yet 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not yet. 15. Did you request debt validation before the suit was filed? Note: No 16. How long do you have to respond to the suit? 14 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Bill of Sale (from an employee from credit one to MHC) Bill of sale ( from MHC to FNBM,LLC) Bill of Sale (from FNBM,LLC to Sherman Originator III, LLC) Bill of Sale (from MHC receivables to Sherman Originator LLC) Bill of Sale (from Sherman Originator III, LLC to LVNV Funding Llc) Copy of spreadsheet listing the account history and transfer. - Last couple credit one bank statements. 18. How did you find out about this site? Google

Hi all, I received a Summons and Compliant on March 6th. I was properly served and it is within the statute of limitations. I am currently prepping my answer and affirmative defenses for submission to the court, and service to the plaintiff's attorney. My story: At the time of treatment by this medical provider, January 2016, I had to see this provider as my secondary insurance from a car accident settlement required me to go there as a condition of continuing to pay for my treatment. It is a neurologist and I have on-going migraines and neck issues from a car accident. My bills are submitted through my primary insurance and then the secondary pays the remaining bill. I went to see this neurologist and provided my insurance information and secondary insurance. I went to an appointment and they advised me that I had an outstanding balance. I once again provided the insurance information. I believed everything was good to go as I never received anything in the mail and I went back to seeing my selected neurologist and not the one that I was required to be evaluated by, per the secondary insurance company. In 2019 my father received a bill at his home and brought it to me. I immediately contacted the neurologist office and let them know that they did not have the correct address. I also advised that the insurance should have been billed and I would not have any out of pocket monies due. I found out at this time that they had been attempting to bill the incorrect primary insurance. Due to the length of time from the original evaluation, my primary insurance had changed and could no longer accept claims as it was over a year. When I spoke to whomever answered the phone at the neurologist office, they told me that they would not bill the secondary insurance again as it was denied. I explained to the person that they used the incorrect insurance, had the wrong address, never updated any of the information as requested, and I wanted to get this taken care of now that I knew that it was still outstanding. The person on the phone ended up hanging up on me after we went back and forth. I received a letter from the plaintiff's attorney in December or January of 2021. I sent a certified letter explaining everything above and received back an internal account inquiry from the neurologists office that lists me as "self-pay", still has the incorrect address, and shows that they attempted to bill an insurance company that I did not have at the time of my evaluation. The response letter from the attorney had a phone number and stated to call to discuss a payment arrangement. I called the attorney the same day and left a voicemail message that I would like it to be paid via my secondary insurance that required me to go to that office. I asked that the neurologists office please submit the bill to them as they are required to pay any bills that are not covered by my primary insurance. I never received any response, or return phone call. I received the summons and complaint. The items in the complaint are as follows- 1. City that I live in. It is correct and I will agree. 2. Plaintiff, at the express or implied request of Defendant sold and delivered certain reasonable, and necessary medical and/or psychology merchandise and/or services to or for Defendant, and/or his/her minor child, for the dates of service identified on the attached invoice.- The invoice that was attached had no information and had zero balance. I am going to upload a redacted copy here.- I am going to deny, but need advise as to how to word my answer. 3. As a result Defendant is indebted to Plaintiff, on open account, a copy being attached in the principal amount of $475- I will deny 4. Defendant has failed or neglected, despite demand, to pay the amount due- I will deny Plaintiff requests judgement against the Defendant in the amount of $475 plus interest to the date of judgement, costs, and attorney fees. If anyone can offer any help with my answers/affirmative defense, I would greatly appreciate any advice and help

Hello all, i am lost and in desperate need of help. I am very uneducated when it comes to law. I had a unsecured personal loan of $10k from Prosper which i paid for for first 8 months then financial crisis hit and couldn't make payments. Stupid of me. Anyways prosper then sold the debt to Velocity Investment LLC after few months of being delinquent. It was $8295 I contacted velocity to try to negotiate but velocity did not want to negotiate. I was still trying to negotiate with them but that time i had some family emergency and had to stop everything. Today in the email i received a letter which i am going to paste below. " Re: Debt owed by XXXXXXXXXXXXX for a Prosper Funding LLC account number *6686 ] now assigned to VELOCITY INVESTMENTS, LLC Dear XXXXXXXXXXXXXX: Please be advised that this firm has been retained to represent VELOCITY INVESTMENTS LLC, the assignee of the above referenced debt. Account balance (as of the date of this letter): $8,295.29 Unless, within thirty days after receipt of this notice, you dispute the validity of the debt or any portion thereof, we will assume the debt to be valid. If, within thirty days after your receipt of this notice, you notify us in writing that the debt or any portion thereof is disputed, we will obtain a verification of the debt or, if the debt is founded upon a judgment, a copy of any such judgment, and we will mail to you a copy of such verification or judgment. If the original creditor is different from the creditor named above, then upon your written request within thirty days after the receipt of this notice, we will provide you with the name and address of the original creditor This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Sincerely, O&L LAW GROUP, P.L." Can someone please direct me to right direction? What do to who to contact? I still can't make the payment of $8k.

I just got served on 8/26/20 by a debt collection company called PRA and their attorney is Hunt & Henriques. My original creditor was PayPal Credit/Synchrony. My total debt as stated on the summons is $3,364.95. My account was opened back in 2016 and I stopped paying sometime in 2018. I’ve got 30 days to answer but how do I answer? The summons paper says I can find the form online but what form is it? And should I also file an arbitration now? If so, how Do I get a hold of my agreement contract to see if I do JAMS or AAA? I’ve done a ton of reading on here on cases that’s been dismissed but damn, I’m feeling really really scared at the moment. It’s all I’ve been thinking about. Any and all help you guys can provide me would be great. And what are my chances of getting my case dismissed? btw, I’m from California.

I just got served on 8/26/20 by a debt collection company called PRA and their attorney is Hunt & Henriques. My original creditor was PayPal Credit/Synchrony. My total debt as stated on the summons is $3,364.95. My account was opened back in 2016 and I stopped paying sometime in 2018. I’ve got 30 days to answer but how do I answer? The summons paper says I can find the form online but what form is it? And should I also file an arbitration now? If so, how Do I get a hold of my agreement contract to see if I do JAMS or AAA? I’ve done a ton of reading on here on cases that’s been dismissed but damn, I’m feeling really really scared at the moment. It’s all I’ve been thinking about. Any and all help you guys can provide me would be great. And what are my chances of getting my case dismissed? btw, I’m from California.

Hello everyone, I am being sued by Midland Funding in Georgia and they are being represented by Aldridge, Pite, Haan, llp. I would like to defend myself against this case and hopefully get it dismissed. I was served on August 11th and know I need to file an Answer within 30 days. Any help or advice people can offer is greatly appreciated. 1. Who is the named plaintiff in the suit? Midland Credit Management, Inc as assignee of CITIBANK, N.A 2. What is the name of the law firm handling the suit? ALDRIDGE,PITE, HAAN LLP 3. How much are you being sued for? 4036 4. Who is the original creditor? CITIBANK, Costco citi visa cc. 5. How do you know you are being sued? (You were served, right?) Served by local sheriffs office 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? One letter from mail maybe 6 months prior. 9. What state and county do you live in? Georgia 10. When is the last time you paid on this account? Approx 2.5 years 11. What is the SOL on the debt? 6 Years 12. What is the status of your case? Suit served? Motions filed? Served by deputy sheriff, no action taken or contact with lawyer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes last year 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 30 days. Served on the 8/11/2020 16. What evidence did they send with the summons? A. Top page of a statement showing the amount owed with my name and address.. B. Bill of Sale And Assignment between citi and mom. C. Costco Fresh Flow Transfer document showing SALE ID. a second page that lists my name, address and amount. Amount on page shows 4100, being sued for 4036?

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.) Gordon, Aylworth & Tami, P.C. 3. How much are you being sued for? $1,1XX.XX 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Amazon 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing that i remember 9. What state and county do you live in? Polk County, Oregon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime in 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? Sometime in 2015 12. What is the SOL on the debt? Oregon says 6 years but these cards were issued in Puerto Rico which i believe is 3 years. 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). Open, MTC Filed, hearing for motion and hearing for status check scheduled. 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 disputing after being sued 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? Breach of Contract 1. Defendant, an individual residing in Polk County Oregon entered into a contract with Synchrony Bank/Amazon.com for a credit account. The credit account was issued to Defendant with the account number ********9315. 2. Synchrony Bank/Amazon.com supplied the credit account to Defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fees. 3. Defendant used the credit account and became indebted to Synchrony Bank/Amazon.com. 4. Synchrony Bank/Amazon.com performed its obligations under the terms of contract. 5. Defendant breached the contract by failing to make payments as agreed. No payments were made on the account. 6.. As a result of Defendants failure to pay, Defendants credit account was charged off for delinquency on Feb 3, 2016. 7. As of the date of the charge off, the balance due on Defendants account was $1,1xx.xx. Additional information regarding the account can be found on the Consumer Debt Disclosure form, which is attached hereto and by this reference incorporated herein. 8.Plaintiff, for good and valuable consideration, purchased Defendants Synchrony Bank/Amazon.com credit account and contract and all of the associated rights thereunder on or about February 27, 2017. 9. As a result of Defendants breach of contract, Defendant is indebted to Plaintiff in the sum of $1,1xx.xx. Plaintiff also seeks recovery of fees, costs and disbursements that are permitted by law. These fees, costs and disbursements may include, but are not limited to, those permitted by OCRP 68, such as costs of filing and service, as well as any other statutorily permitted cost, fee or disbursement which may be awarded to a prevailing party in this action. At this stage of the litigation, it is impossible to itemize these costs further. Plaintiff also requests post-judgement interest on the full balance of the judgement at the statutory rate of 9%. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only the complaint and a Consumer debt collection disclosure which has marked that i made a payment but under it states that no payments were made. I went through the mandatory arbitration of Oregon, which was really one sided. They sent in some credit card charge statements, a bill of sale from Synchrony Bank with no personal info, and a paper with my info printed from Synchrony Bank records. Filed a Trial De Novo afterwards and now i have a hearing date for the motion, which im waiting to get in the mail, and a status check hearing date which i got today in the mail. The first time they sued me for over $2k and they ended up dismissing without prejudice once i filed the MTC, not this time. Also as soon as i filed my answer i had filed an MTC but i believe the clerk made a mistake and filed it under a motion for discovery so i re filed the MTC together with the Trial de Novo last week and sent the attorneys and Midland a copy.

Hi All, My wife is being sued in FL by Prortfolio Recovery Associates LLC. She received a summons to appear for a pre-trial conference next week. This is in small claims court in Pinellas county, FL. We are being sued for about $1,400. My wife is required to appear next Tuesday and the summons says; The purpose of the pre-trial conference is to record your appearance, to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pre-trial conference. It also states that she may be ordered to mediation at the pre-trial conference. The original creditor was Orchard Bank and of course Portfolio Recovery purchased the debt from them. They have filed against us within the SOL so no luck there. Attached to the summons is the following (paraphrased); --Complaint with 8 points-- 1-This is an action for less than $5,000 2-Defendant obtained an Orchard Bank/Capital One credit card 3-Plaintiff is successor of account having purchased it (see exhibit A) 4-Defendant made purchases and charges on account then failed to make monthly payments and failed to object to the balance owed resulting in sum of $1,400. 5-Plaintiff has declared Defendant in default and demands payment. Defendant has refused demand. 6-Defendant is indebted to Plaintiff for $1,400. 7-All conditions precedent to this action have occurred. 8-Pursuant to rule 2.516, Plaintiff designates the following email addresses for the service of all documents and it goes on to list several lawyers email addresses. Wherefore , Plaintiff demands judgment against Defendant for $1,400. --Exhibit A-- Affidavit signed by the "custodian of records" for Portfolio Recovery --Exhibit B-- Statement of Account It states the Issuer as Orchard/Cap 1. The assignee as Portfolio Recovery. Thedate the account was opened, date of last payment, date of charge off. Balance of $1,400 Purchase date and that we have made no payments to them. --Exhibit 1-- Bill of Sale This is the document that transfers ownership of the account from Cap 1 to Portfolio Recovery. It is signed by a VP of Cap 1. The price that Portfolio Recovery paid and the "Sale File" are blacked out! Interestingly the card we had was an Orchard card. Not sure if that makes any difference. --Exhibit 2-- Exactly the same document as Exhibit 1. It also has two photocopied pages of an account statement from Orchard bank showing that we owe $1,400. --Civil Cover Sheet-- This is just a cover sheet (why it's the last sheet in the summons I have no idea). It basically says that they are suing us in civil court for "contracts" and that they don't demand a jury trial. Our objective is to settle this for as little as possible and/or to get the case dismissed if possible. Neither one of us has ever been to small claims court before and hiring a lawyer is not really an option for such a small amount. Any help and advise is much appreciated and I would be happy to answer any more detailed questions. thank you, --InDebtinFL

Hello All, I am looking for some help. I was recently sued and I don't know what to do. I'm trying to stay calm, but I am internally freaking out. If you one can provide any details, I would greatly appreciate. I'm interested in the arbitration path, but I'm not sure if that will help me or hurt me. Below are the details of my situations. I currently live in GA and I'm recovering college graduate. I don't have any money to spare, but I also don't want a judgement on my public record. Please Help Me! 1. Who is the named plaintiff in the suit? Velocity Investments LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ragan & Ragan 3. How much are you being sued for? Under $4K 4. Who is the original creditor? (if not the Plaintiff) Lending Club, maybe Web Bank 5. How do you know you are being sued? (You were served, right?) Served in person 6. How were you served? (Mail, In person, Notice on door) In person 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 people suing you before you think you were being sued? nothing 9. What state and county do you live in? Georgia, Dekalb Conty 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. What is the SOL on the debt? To find out: 6 yrs Statute of Limitations on Debts 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. Must file answer within 30 days. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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? 30 days. (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. Defendant is a resident of this county and is subject to the jurisdiction of this court Defendant resides and may be served at 'insert my address' Defendant executed a electronic transaction entering a loan agreement, identified as 'account' with Web Bank. This was serviced by LendingClub Corporation Defendant received the load proceeds Defendant breached the loan agreement by failing to pay as agreed and left a balance Webbank has transferred all their rights, title, and interest in this loan account to lending club Plaintiff purchased the loan agreement and received written agreement of the debt at issue in this action Despite demand by Plaintiff, Defendant has failed to pay amount due on the loan amount Defendant is liable to Plaintiff for the sum of $XXXX.XX in principal, $XXX.XX in interest and fees, and costs of action Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Loan Agreement printed offline, Loan Disclosure printed off line, Certification of Loan Sale, Bill of Sale, two spreadsheets w/ principal, interest, payment breakdown and payment history

Hi all, So forgive me; it's been awhile since I've had credit problems, but last year was a rough one... SO I had two cards with capital one that both charged off about 6 months ago...... I just got a letter dated 1/18 that says "My account was acquired by Sherman Originators III, LLC on 1/17." And that they own my account and may contact me yata yata.... a) trying to not panic that I will receive a summons ?? b ) I am totally wanting to pay these off. One is for 733.00 and the other for about 1200.00 My finances are kind of tight as I've been paying quite a few things off, but my income is steady and I could slowly but surely pay both. If this is my plan, do I need to freak out that they won't work with me? Unfamiliar with this company; have no idea what to expect. Any help or insight would help. I will try not to react unrealistically in the meantime! Thanks!

Summary: I'm being sued by debt collector, and I need guidance on Answer in response to Complaint by 5/2/2019. Questions at the very bottom. Thank you. 1. Who is the named plaintiff in the suit? Discover Card 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) M&J LLP asserting they are attorneys for Plaintiff Discover Bank 3. How much are you being sued for? ~$7K (I have several other similarly sized credit card debts I anticipate similar Complaints for) 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served a Summons & Complaint April 2019 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes, I think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I previously wrote them sometime in 2016 with an offer-in-compromise of 10% of outstanding balance, and again with the same offer after receiving Summons in April 2019. I have never received a response. They called recently, and left a call-back message, but I have not returned the call. I have since learned that I don't know if they are legitimately entitled to anything due to various Affirmative Defense reasons. 9. What state and county do you live in? El Paso County, Colorado 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Last Pay Date - Oct 2015 11. What is the SOL on the debt? To find out: 6 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). Summons/Complaint for Money Due - Dated 3/19/2019 Served Summons/Complaint - April 2019? Not sure exactly. Complaint Answer Due - 5/7/2019 (but I'll be out of state and so must file by EOB 5/2/2019) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Debt was "Charged off as bad debt. Profit and loss write-off” by Discover in April 2016 (per my credit report). 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 must respond to Complaint by 5/7/2019. Complaint: “1. Venue is proper as Defendant resides ... 2. The amounts the Plaintiff claims from the Defendant are $xxxx which represent the liquidated balance of the Defendant’s credit car account owed by Plaintiff, less credits of $xx, plus court costs. 3. The Plaintiff’s claim arises from the Defendant’s failure to pay the liquidated balance due on credit card account xxx as required by cardholder agreement. The Plaintiff claims the right to recover from the Defendant under one or more of the following legal theories: Breach of Contract, Liquidated Debt arising out of a Contract under C.R.S 5-3-304, or Unjust Enrichment. 4. The Plaintiff request interest on any judgment entered on the Plaintiff’s claims in this case to accrue at the rate of 8% per annum compounded annually fro the date of the judgment, pursuant to C.R.S. 5-12-102. 5. The Defendant is not a minor ... 6. The Plaintiff does not demand a trial by jury.” 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent: a copy of the Complaint; the last credit card statement before the account was closed; a stock fine-print copy of the Cardmember Agreement (no signatures); an ANSWER form; their contact information & payment information. I've since learned I need to file an Answer by 5/7/2019, with admit, deny, or lack of knowledge for each of their numbered allegations (but I'll be out of state and so must file by EOB 5/2/2019). Here's my draft response: I. ANSWER In answer to paragraph 1, Defendant admits he resides at the stated address, but lacks knowledge to admit or deny the allegation of whether this is the proper venue, and therefore Defendant denies the allegations. In answer to paragraph 2, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 3, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 4, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. In answer to paragraph 5, Defendant admits the allegations. In answer to paragraph 6, Defendant lacks knowledge to admit or deny the allegations, and therefore Defendant denies the allegations. II. AFFIRMATIVE DEFENSES Plaintiff has failed to state a claim upon which relief may be granted. Plaintiff’s claim demands monies for an alleged debt for which no proof of said debt, nor proof of ownership of said debt, has been verified and exhibited. Plaintiff has failed to trace in his statement of claim the derivation of his cause of action from his assignor so that the defendant may challenge the plaintiff’s claim that he is the present owner of the cause of action. Plaintiff has knowingly filed the claim without presenting any applicable original signed contract. Insufficient Specificity. Plaintiff has failed to provide the dates on which individual transactions were made, the amounts therefore and the items purchased to be able to answer intelligently and determine what items Defendant can admit and what items he can contest. Failure of Consideration. No exchange of money or goods occurred between the Plaintiff and the Defendant, therefore, defendant cites Failure of Consideration. Repudiation. Plaintiff is not named in any alleged signed agreement that is purported to have been entered into between Defendant and Plaintiff. Lack of Privity. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff. Plaintiff's complaint violates the Statute of Frauds. There is no contract or agreement in writing and signed by Defendant or by some other person authorized by Defendant and who was to answer for a debt. Scienti et volenti non fit injuria. Plaintiff claims to have purchased the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages. Laches. Plaintiff waited too long to file this lawsuit, making if difficult or impossible for Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed. My questions: 1. What am I missing? 2. What have I added that doesn't apply? 3. M&J is listed as attorney's for the plaintiff. How is that different from a debt collector who bought the debt? 3. What if anything should I say regarding a jury trial? 4. The Cardmember Agreement provides for arbitration. What if anything should I say about that? 5. Other thoughts/advice?

1. Who is the named plaintiff in the suit? Autovest LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Machol & Johannes LLLP 3. How much are you being sued for? $17,114.11 plus $10,454.67 intrest/ attorney fees. TOTAL - $27,568.78 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Auto 5. How do you know you are being sued? (You were served, right?) Summons & Complaint 6. How were you served? (Mail, In person, Notice on door) In Person 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 people suing you before you think you were being sued? Zero.. No communication prior to Complaint 9. What state and county do you live in? N.M., San Juan County (11th Judicial District) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Last Pay Date - Oct. 29th 2009 11. What is the SOL on the debt? To find out: 6 years on written contract (4 years on verbal contract) Statute of Limitations on Debts 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). Served Summons/Complaint for Money Due - 5/25/2013 Responded to Complaint W/Affirmative Defenses and requested dismissal - 7/8/2013 Dismissed without Prejudice Due to Lack of Prosecution - 2/20/2014 Motion to Vacate Dismissal and Reinstate (states Plaintiff plans to file Dispositive Motion when reinstated)- 3/20/14 Order Granting Plaintiff's Motion to Vacate Dismissal and Reinstate - 3/31/2014 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Debt was "Charged Off" by Wells Fargo when I checked my credit report. Said Charged Off in Oct. 2009 so I figured they gave up or sold truck and got enough off of it to satisfy them. No other negative marks are on credit besides Machols & Johannes running credit prior to filing complaint. 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, I sent letter requesting Debt Verification after I recieved complaint. They did respond telling me: Original Debtor Original Account number Contract date (11/16/2007) Charge off date (10/5/2009), Last Pay Date (10/29/2009) Loan agreement (which just looks like paperwork for Warranty,Vehicle Registration, and agreement between the dealership and myself.. Nothing between me and Wells Fargo..) Deficiency Notice Stating that Deficiency balance due was $19,907.34 after selling truck for $11,400 (which I never originally recieved) 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? Already Responded No Interrogatory recieved Claims on Complaint: Defendant executed a loan agreement, promissory note, credit agreement, enrollment agreement and/or lease (the "Agreement"), payable to or for the benifit of the Plaintiff's assignor to evidence the credit extended. Plaintiff claims from the Defendant the amount of $17,114.11, plus intrest ( as allowed by law) as of the date of the Complaint of $10,454.67, and reasonable attorneys' fees, plus court costs, along with continuing intrest at the rate of 16.79% per annum. Plantiff's claim arises from the Defendants failure to pay the liquidated balance due on account number xxxxxxxxxx. The Plantiff claims the right to recover from the Defendant under one or more of the following legal theories: Breach of Express Contract, Breach of Implied Contract, Quantam Meruit, Account Stated and Unjust Enrichment. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No Evidence at all was attached with Complaint. Just papers saying "This letter is to provide you with our contact information and to provide you with an opportunity to make voluntary payment arrangements on your account." It goes on to say that it is "not part of a legal pleading and this letter is not part of the Summons and Complaint".

I am in a mess and need help please. I am a single grandmother and I've had posession of my grandchild for over a year now. She is six, nonverbal and autistic. For the past few months I have been persuing custody of my grandchild due to her parents drug addiction. I don't have the money for a lawyer and CPS dumped everything in my lap to handle alone and told me to file for custody so without any help I am attacking this pro se. This is my grandbaby and I am doing what I have to do for her. That being said this is a horrible time to be sued, not that there is ever a good time. I was served on 02/22/19 and I am terrified to be dealing with two seperate court cases pro se at the same time. I have read the forums for many hours the past couple of days and it seems the more I read, the more confused I get. I would greatly appreciate any help and advice I can get. I know already that I am judgement proof in Texas due to my income being Social Security Disability and SSI. I live off less than 800.00 a month and I don't have money for legal fees. I know PRA could care less about my situation but this is the best place I have found on the internet for help. Thank you for even taking the time to read this. 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 (Attorney listed is Jesse Dow Lockhart) 3. How much are you being sued for? 7251.80 plus court cost, interest, and attorney's fees. 4. Who is the original creditor? (if not the Plaintiff Synchrony Bank (Wal-Mart) 5. How do you know you are being sued? (You were served, right?) Served at Residence 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? Rains County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? October 2015 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? Served 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 disputing after being sued 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? 14 days (March 8, 2019) I'm not sure since it was after 5 pm on Friday if I would have until the following Monday. Did you receive an interrogatory (questionnaire) regarding the lawsuit? NO 17. What evidence did they send with the summons? None. Served with Original Petition only. 18. How did you find out about this site? Internet search.

I have just been served with a summons (20 days). Back story, got a loan through Lending Club for 12,000 back in 2015. I made the first payment on the loan and within the next month I had complications with my pregnancy and had to go in bed rest. I had defaulted in my loan. Fast forward to present, my credit has been suffering and I’m still trying to get on my feet with my son being disabled. Can anyone help me with my options are? Bankruptcy? Arbitration? Settlement? I am lost and don’t know where to start and with 20 days counting down... I’m stressed. Please and thank you!!

Hello all. A little stressed here... I was wondering if I could get some help with this. I've been reading a tons of helpful stuff here but I can't seem to but A to B just yet. I have just a few days to file my answer but I want to make sure it's correct. I cannot afford an attorney at this time. **teardrops** 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Not Listed. Prior letter stated Scott, Parnell & Associates PC 3. How much are you being sued for? About 5k. Previous Credit Report states an amount from Original Creditor that fluctuates, dates are incorrect from was filed with court. 4. Who is the original creditor? (if not the Plaintiff) CreditOne Financial Solutions (same company?) 5. How do you know you are being sued? (You were served, right?) Served at Home - Last Week 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.Upon motion supported by affidavit stating the location of the defendant's usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service (1) by leaving a true cope of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit. (Amended Aug. 18, 1947, eff. Dec. 31, 1947; July 22, 1975, eff. Jan. 1, 1976; July 11, 1977, eff. Jan. 1, 1978, June 10, 1980, eff. Jan. 1, 1981; July 15, 1987, eff. Jan. 1, 1988; April 24, 1990, eff. Sept. 1, 1990.)There's a blank Officer's Return attached. I don't remember signing anything and there's no date of delivery listed on the copy. 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? Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Nov, 2011 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). Not sure. Nothing came up on an initial search. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 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? No questionnaire, just one sheet stating a citation, another Officer's Return (blank) and a case form. Plaintiff's claim is for Breach of Contract, Money had and Received, and for Account Stated and/or Open Account. The claim arises from a Credit Account entered into by Defendant with COFS, LLC, Account # XXXXX5555 (the Account). Plaintiff is the owner and holder of the Account. The Account is in default and Plaintiff sues for all amounts owing. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. At. All. ~ Thank you for your help!

Hello all, I've been sued by Midland Funding LLC with the help of Kohn Law Firm in Outagamie County, WI and am at the stage where I need to respond to their Motion for Summary Judgement. They provided a 'Bill of Sale' and 'Affidavit of Sale of Account By Original Creditor' signed by SVP Sean Cooney of Citibank (the bank of the alleged purchased account) along with an 'Asset Schedule' where they blacked out information pertaining to them having 'sold a pool of charged-off accounts' as stated in the affidavit. They also included an affidavit of a MCM employee stating she reviewed electronic records showing they purchased the debt from Citibank. Lastly, they included a card agreement and credit card statements with a breakdown of charges/interest/late fees from Feb 2017-Dec 2017. Background: I received a letter from Citibank dated January 30, 2018 stating my account was placed with Midland Funding LLC. I then received a letter dated June 13, 2018 from Kohn Law pertaining to said account notifying me they were retained by Midland Funding to collect the debt. I never received anything from Midland Funding LLC directly from January to June. On November 20, 2018, I received notification I was being sued and court summons via mail. I attended pre-trial and made a spoken general submission to refute the claim on grounds Midland Funding didn't have enough evidence they owned the debt. A trial was set and then pushed back a few months at the request of Kohn. They then submitted Motion for Summary Judgement on Feb 28, 2019 and a hearing was scheduled for this Monday, April 1, to meet in front of a judge with my answer. I have consulted 2 lawyers regarding my case and didn't get much out of it so I'm hoping the experts here can lend a hand. The first lawyer told me to answer with two factual complaints - Firstly, there is no signed contract between myself and Citibank for the original debt. Secondly, there is the issue of standing Midland Funding owns the account in question - the bill of sale and affidavit presented does not list the specific alleged account. The second lawyer agreed with the second factual complaint but didn't have much input otherwise. I feel comfortable including the issue of standing in my answer but think I need a little more ammo than 1 factual complaint if I want to win a dismissal for summary judgement. I found a video on YT of a debtor who posted a video of his response in court (about 5 yrs ago) to Motion for Summary Judgement vs Midland Funding LLC where he won and am thinking of using some of his arguments. I will post what I have for an answer here - if anyone can provide advice/tips/critique/personal experiences it would be greatly appreciated! Factual dispute #1: In the card agreement provided by the Plaintiff, on Page 1 there is a strict definition of the terms ‘we, us, and our’ that refers specifically to Citibank, N.A., the issuer of the account. On page 7 under the Assignment clause, it is stated: ‘We may assign any or all of our rights and obligations under this Agreement to a third party.’ While the concept of assignment is generally understood, the definitions in this contract concerning the parties are explicit – when Citibank refers to themselves solely as ‘we, us, and our’ they neglect to mention a further signing or third party. While this contract may or may not have been assigned by Citibank to Midland Funding LLC, according to the definition of this contract in the underlying portion: ‘To the extent permitted by law, you are liable to us for our legal costs if we refer collection of your account to a lawyer who is not our salaried employee. These costs may include reasonable attorneys’ fees. They may also include costs and expenses of any legal action.’ I feel for that reason there is a question of material dispute, unless Midland Funding LLC is a subsidiary of Citibank. Factual dispute #2: ‘The Bill of Sale and Assignment’ and ‘Affidavit of Sale of Account by Original Creditor’ provided to the court by the plaintiff signed by Sean Cooney, Senior Vice President of Citibank, N.A. (CBNA), states “CBNA sold a pool of charged-off accounts by a Forward Flow Purchase and Sale Agreement and a Bill of Sale to Midland Funding LLC”. Also included is an ‘Exhibit 1 (Asset Schedule)’ and ‘Certificate of Conformity’ signed by Carolyn E. Huges. Regarding this paperwork, there is an issue of material fact Midland Funding LLC purchased a specific account under my name. Factual dispute #3: The copies of the credit card statements provided to the court and defendant are not covered by the affidavit of Latasha Wilson and are not mentioned in the affidavit. In Latasha Wilson’s affidavit, she describes herself as a Legal Specialist with access to pertinent account records for Midland Credit Management (MCM) under the assumption they are owners of the alleged account based on ‘electronic records’. I do not believe she is an employee of Citibank, however – therefore she cannot have first-hand knowledge of the account which I would believe would make her affidavit hearsay. Factual dispute #4: No signatures from myself and no witnesses as far of an oral contract, have been provided by the plaintiff in their Motion for Summary Judgement – to best of my memory, I have no recollection of this debt. Sorry for the long post, I would be forever grateful if someone can help out!

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 refund and would like to try to settle. Talked to an attorney and he said he usually can settle for about half of the amount owed but his fees would cost me about $2400 and if I make payment arrangements they’re usually for the entire amount of the original debt. There is no court date listed on my summons, just basically shows me as defendant and Barclays as plaintiff and says i have 14 days to file an answer. I have no idea what to do.

I received in the mail early this month paperwork regarding a consumer credit collection complaint case being filed against me by collection agency Portfolio Recovery Associates, LLC and I have no idea what to do. Below is what I found when I looked the case up online. What should my next step be?? Viewed Date Action Text Disposition Image 10/15/2019 7:00 AM DEPT. 33 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT 04/16/2019 7:00 AM DEPT. 33 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT VACATED 12/07/2018 PROOF OF SUBSTITUTED SERVICE OF CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 10/17/2018 OF PORTFOLIO RECOVERYASSOCIATES,LLC AS TO *** WITH DECLARATION OF DILIGENCE AND DECLARATION OF MAILING ON 12/04/18 FILED Not Applicable 11/21/2018 RETURN OF NON SERVICE FILED ON ***. FEE FOR NON SERVICE IS $59.50 Not Applicable 10/17/2018 CASE ENTRY COMPLETED Not Applicable 10/17/2018 ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 10/17/2018 OF PORTFOLIO RECOVERYASSOCIATES,LLC FILED Not Applicable N/A 10/17/2018 COLOR OF FILE: BLUE Not Applicable 10/17/2018 COMPLAINT FILED; SUMMONS IS ISSUED Not Applicable 10/17/2018 CASE HAS BEEN ASSIGNED TO DEPT. 33 10/17/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 4/16/19, AT 7:00 IN DEPT. 33 10/17/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 10/15/19, AT 7:00 IN DEPT. 33