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  1. Hey y’all. This isn’t my first time getting sued by a JDB, but it is only my second so my goal is to be more knowledgeable and competent this go ‘round. I aim to heavily document this case in hopes of being a resource to my future self and others in the SE Tennessee area (since General Sessions Court does things a bit differently here.) My previous case (nearly a year ago) was dismissed without prejudice, largely based on the steps I’ll detail below and one silly mistake you can read about in my post history. As you know, IANAL. I also don't pretend to know a damn thing outside of what I've researched and read from the Top Community Contributors here @fisthardcheese @MikeB35 @Goody_Ouchless @BV80 @Brotherskeeper @Clydesmom @Harry Seaward - forever grateful for your advice, good people! I'm posting this for others, like me, who couldn't figure out where the heck to even start. Let's git it. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: CURRENT SUIT DETAILS: 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? Weber & Olcese, PLC 3. How much are you being sued for? $1200 4. Who is the original creditor? (If not the Plaintiff) Synchrony Bank (Care Credit) 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, etc.) Served 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? Nothing - other than a DV request (8 months ago) 9. What state and county do you live in? Hamilton County, TN 10. When is the last time you paid on this account? (Looking to establish if you are outside SOL) 02/2016 11. When did you open the account (Looking to establish what card agreement may be applicable) 10/2014 12. What is the SOL on the debt? 6 years 13. What is the status of your case? Suit served? Motions filed? Served four days ago. My Sworn Denial (TN's Answer), MTC (with Affidavit, Proposed Order, and Card Agreement) are ready to be filed within the next few days 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? Yes, I requested DV when they first started mailing letters requesting payment (8 months ago). They responded in a letter with their Disputes Department phone number and instructions to call if I want to receive a payment history. Their summary of information shown below that consisted of my full name, last 4 digits of SSN, and date the account opened 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An Affidavit from PRA’s Custodian of Records and a table of information containing the following: Account Number, Record Type, Customer Type, Name, Account Address, Home Phone, Birth Date, Loan Type, Charge Off Reason Code, Account Status, Receipt Date, Contract Date, Charge Off Date, Last Payment Date, Charge Off Amount, Accrued Interest, Current Balance, Net Principal, and Net Interest. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: STEPS: This outline is based on my experiences and research. Don't hesitate to add any helpful comments or corrections you see fit. I will revise it accordingly. These are the steps I personally will be taking now and in the future. I'm posting this because my last lawsuit took me way too long to figure out the key differences between TN's process and majority of the cases being discussed here. Plus, I understand lists better and you might, too. All documents mentioned will be attached to this post. If you're reading this for guidance, make sure to read @fisthardcheese Arbitration Overview first for a better understanding of arbitration as a whole. STEP 1: GET SERVED STEP 2: ANSWER THE SUMMONS (MOST STATES) STEP 2: FILE SWORN DENIAL (TN) Download Sworn Denial and fill out appropriately. The deadline is typically 30 days. Make (3) copies. File original with court. If your MTC is ready (Step 3), you may file at the same time. Mail copy (CMRRR) to DBA's attorney. Store third copy for your records. STEP 3: FILE MOTION TO COMPEL (MTC) ARBITRATION Write MTC according to local court guidelines. Reference terms of arbitration in Card Agreement. Include Affidavit that testifies that the included Card Agreement is a "true and correct copy of the contract that governs the account from which Plaintiff's allegations arise." Include entire Card Agreement from date card was active. (Find yours here) Include Proposed Order to make the judge's job easier. Notarize Affidavit. Make (3) copies. File original with court. Set hearing date for MTC. Mail copy (CMRRR) to DBA's attorney. STEP 4: FILE ARBITRATION DEMAND LETTER Download Demand for Arbitration form and fill out appropriately. (AAA or JAMS, whichever is stipulated in your Card Agreement.) Include a Certificate of Service with the forms. If Card Agreement states that "they" will pay for filing fee, include a cover letter stating that per the agreement you are asking the company to forward the consumer filing fee directly to AAA/JAMS. Make (3) copies. If Judge grants MTC, have Demand Form ready to file immediately. Mail Demand (CMRRR) to AAA/JAMS and DBA's attorney on the same date. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: QUESTIONS: Q1. Are my documents satisfactory? I've attached the required paperwork in hopes of getting the community's feedback before I submit them. Please let me know if anything should be revised, worded better, or formatted differently. Q2. What does the following mean for my case and MTC? I am unsure whether I should/must include this in my MTC. On Page 3 of the Card Agreement, under Resolving a Dispute with Arbitration, the clause states: 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or providers that accept the card or program sponsors if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court, etc; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage, or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. MTC DRAFT.pdf AFFIDAVIT DRAFT.pdf PROPOSED ORDER DRAFT.pdf Synchrony Bank CareCredit Agreement 2015.pdf
  2. Hello.First-time poster, but certainly a long-time reader of the forums. As I indicated in the title, I only just discovered that my wife is being sued by Midland Funding LCC, and am intellectually and emotionally distraught while in a physically sickly state as well. As if things weren't bad enough. Please forgive me if parsing my thoughts and typing them here lacks eloquence. Three weeks ago, while routinely checking the mail, I came across a dubious letter offering Legal Services to our household. Incredulous as to its validity, I sit it aside for the time being. Late that same evening, I couldn't shake the intrinsic suspicion to critically examine the letter, and vet its authenticity. It was indeed a legal advertisement by a genuine law firm in Knoxville, TN. Which lead me to probe further as to what on Earth was going on. Fearing the worst, I immediately the Monroe County Circuit Court website, and searched for the case number.To my dismay, she was indeed being sued by Midland Funding LL. For the sake of clarity here, she's unaware of the suit as of yet. To complicate matters further, according to the County's Circuit Court website, scheduled hearing is set for Wednesday, the 6th 2017.Please understand, WE RECEIVED NO SUMMONS by any means. In fact, on the Court website, it expressly indicates, "SUMMONS RETURNED UNSERVED."If it weren't for my investigation into the matter, we'd have no knowledge of these events.It appears to be an all to common practice from the pages and pages I've read.With only two days remaining, time is of the essence. I beg the gracious members of these forums for any assistance they can offer in terms of what options at this juncture is available to us, and if it is worth being sought out, be it going the Pro Se route, or anything else that we can attempt to do. Mind you; my wife is unaware, and (I'd have to educate her quickly.) I have not broached the subject with as of yet. To be frank, her brother is dying of cancer, while caring for a husband that's recovering from a body ravaged by disease, by way of nutrition, while contending with the daily stressors of the general public, etc., has diminished her ability to cope. I am deeply concerned by revealing this to her without a modicum of hope, would destroy her. We are on a shoe string budget as it is. As you can see, the situation is grim.I will read whatever material you can furnish. All thoughts and suggestions are humbly welcome.Please don't refrain from sharing additional knowledge or search as to what steps to take now. Especially in light of no summons being received. I have filled out the below questionnaire to the best of my cognitive ability, and with the limited information I have.I am at a loss as to how to proceed and apologize for the length of this preface. It's all I could do while holding back tears. 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.) Finkelstein, Kern Steinberg & Cunningham, PC according to the court website. 3. How much are you being sued for? According to updated credit reports, $600. (Summons never received) 4. Who is the original creditor? (if not the Plaintiff) FINGERHUT/WEBBANK 5. How do you know you are being sued? (You were served, right?) We were not served. Discovered suit through the County Court's website as indicated in the above explanation. "SUMMONS RETURNED UNSERVED" is what the online court record reflects. 6. How were you served? (Mail, In person, Notice on door) None. 7. Was the service legal as required by your state? Unknown. Not served. 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? Tennessee, Monroe County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November of 2013. Still within Tennessee's statue of limitations. Though I question why they waited for this long to sue. 11. When did you open the account (looking to establish what card agreement may be applicable)? November of 2012. 12. What is the SOL on the debt? Six years. 13. What is the status of your case? Suit served? Motions filed? 10/3/2017 SUMMONS RETURNED UNSERVED12/6/2017 12/06/2017 10:00AM SCHEDULE HEARING SET is the current status. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Unknown. Never received a summons as explained above. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Unknown. Never received a summons as explained above. Court websites does indicate that an AFFIDAVIT was submitted to the court on 9/20/2017.
  3. Hi everyone! I was served with a Civil summons for a flex loan I defaulted on from Advanced Financial in TN. Can anyone tell me what to expect? I've never been to court in my life. I stopped paying because I don't have the money, and won't have the money now either, although I would have it at tax returns around May. Will these people work with you? Let you do a payment plan or a later due date? I'm 90% sure that I don't have any disposable income, if I do it's not much, so they wouldnt be able to garnish my wages much, if at all. The only thing of value I own is my 2005 Ford. Will they try to take my car if I can't pay right then? I thought I had more time before my court date, but it's this Tuesday. (Yay for procrastination!) I tried to call their debt collections lawyers office Friday, but did not receive a call back. Sorry if I've posted this in the wrong forum. Just really trying to get some advice before I go in Tuesday morning. Thank you.
  4. My mother in-law lives in Tennessee and has been living in the home that she and my late father-in-law purchased over 40 years ago. He ended up using the house as collateral for an installment loan he took out that still has a balance of about 85,000 on it. When he died 7 years ago, my mother-in-law took over paying the installment loan. She's in her 70's and has had some health issues and wants to stay in the house and her daughter wants to buy the house (her daughter lives in the home with her anyway) but they are running into problems getting this done because my mother-in-law's name is only on the deed to the house, not the note. What steps should they take in order to get my mother-in-law's name added to the note so that she can sell the house to my sister-in-law? She's tried reaching out to the loan company, CitiFinancial ,but they are unwilling to cooperate.
  5. Hello, I'm pretty new to this site, but it has so far been quite helpful in forming a defense as I am in the process of fighting a lawsuit. Just a few weeks ago, I was feeling overwhelmed by my situation, but a little bit of research in the last week has me feeling optimistic about the opportunity that I have to defend myself. I would like some input as I move forward if anyone has information that would fit my particular situation. I am also lurking about and proactively seeking answers. I'm not 100% comfortable with putting the exact specifics of my circumstances on here, so I'm sorry if anything is a bit vague. Apologies in advance that this will be LONG. I just want to thoroughly explain. The initial contact was made by delivery of summons earlier this year. I made the mistake of calling the JDB to ask what my options are before going to court. I did not make any agreements, but I was not at all careful how I discussed the claim as I was uneducated about this type of business practice at the time. I fear that this conversation may come back to bite me in court. I did appear in court, and a trial date was set. I asked the lawyer to explain the lacking information included in the complaint, and he advised me that I would receive all the info I needed about a month before the trial date. He also advised me that they wouldn't be willing to negotiate a settlement once I "let it get that far." (Insert eyeroll.) Just as he advised, a packet arrived that seemed damning at first glance: Affidavit from JDB records keeper Bill of Sale/ Assignment of Loans (which was already included in previously delivered complaint - no account numbers, etc) Account statements (that began nearly two years after the date the alleged account was allegedly opened. Date of amt owed on last statement differs from the amt I allegedly owe) Affidavit of Sale/ Certification of Debt signed by OC (Dated over a year after the alleged date of acquisition. Obviously in preparation for litigation. Also, Google says the "Bank Officer" who signed is a Mortgage Specialist in a different sector of the parent company.) Spreadsheet with just the information of the account in question. So. I stewed for a while on whether or not I should attempt to settle as I was intimidated by the paperwork. However, I am not convinced that the debt is mine. Just concerned that I cannot defend it. I decided to attempt to verify the information by calling the OC. I was told that any of my account information was archived as I had not been an active customer in several years (I had various accounts with them over a ten-year period). I advised them of the suit against me, and I asked if they would be willing to verify information in the claim. They said they could not. I was advised that they only have a profile to store my personal information as a customer, but no information regarding previous accounts as it has all be archived. I asked for anything they could provide in terms of a contract for a credit account, and they told me they can't access anything. They advised me to request this information from anyone who was suing me as anyone who would have purchased an account from them should have all available documentation accessible. So, I decided to call the JDB to attempt to request this sort of documentation. Again, what was I thinking? This was only last week, but I know so much more now. I wish that I would've gone about this differently. I hope that I didn't say anything that can be used against me in court. I was transferred to multiple people who did their best to convince me that I just needed to shut up and pay up. That they have sent me all the validation they need to, and that a judgement is the next step if I don't pay. I asked for contact information for an attorney or someone in records who could help, and I was told there was no one who would take my call and that I should just ask my questions in front of a judge. Um. Ok, I will. Between that call and the trial date (earlier this week), I did a lot of research to see how many holes there are in the case they have presented. I'm probably countless steps behind, but I decided to file a Sworn Denial before we went to trial to have my stance made clear. I showed up to court feeling really confident, but still worried that I would not be able to effectively defend myself. Partly because the atmosphere of the court is surprisingly informal. I really like the judge. I like the way he doesn't take crap from anyone, but he is compassionate and makes jokes through the session. I was relying on my ability to appeal to his reasonable side, but I also am not confident enough in my understanding of the process to speak with authority on my concerns about the "evidence." I found myself wishing I had more time and reasonably nervous that I would be leaving with a judgement. The lawyer sat down with me prior to the trial and asked if I recieved the packet and asked if I had any questions. I told her that I have a lot of questions and also presented her with the Sworn Denial. She advised that she may not be able to answer my questions, but she would like to know how she could help. I told her I didn't recognize any of the account information, and showed her the apparent opening date of the account. I told her that I was confused about why I would only have statements from the last year the account was open and no contract to show how I would have been responsible for the account. I also asked her where the amount in the first statement that was presented came from. She simply advised me that they can't go all the way back through the account, but said she would ask the judge for a continuance in hopes that the JDB would get me the information I needed. Was I wrong to do a happy dance on the inside? It gives me a little confidence that I presented enough of an issue to keep her from being able to prove her case with the information they gave me. But now the question is, how do I effectively go on the attack? Some thoughts.. I believe I still have a couple of days to file a Motion to Strike. Based on what I've read I have 30 days in TN. I wonder if I should skip that and file a Motion to Dismiss? Should I file them both? Create my own affidavit? Send the JDB a Request for Production? I would love to threaten them with a counterclaim, but I'm not sure how much of a case I would have. I am more interested in scaring them off than I am pursuing them. I am off to do more research. If you are still reading, thanks for taking the time. TIA for any particular thoughts or similar experience.
  6. If you reside in Tennessee and you have received a dunning letter from any debt purchaser attempting to collect from you, [be advised] Asset Acceptance is on a tear throughout Tennessee as is Midland Funding, LLC. The latter "usually" sends a letter first through Midland Credit Management before suing through Midland Funding. CACH, LLC is always active as is Cavalry SPV I. That said, these matters are not that difficult to get dismissed but they do require your attention.
  7. Hi all, I was served a civil warrant this evening in Tennessee for an alleged debt to ASSET ACCEPTANCE LLC, assignee of DELL FINANCIAL SERVICES. My court date is a week from Monday. I'd appreciate any advice as we are new to Tennessee and especially unfamiliar with its court system. 1. Who is the named plaintiff in the suit? ASSET ACCEPTANCE, LLC assignee of DELL FINANCIAL SERVICES 2. What is the name of the law firm handling the suit? Fulton Friedman & Gullace, LLP 3. How much are you being sued for? $2XXX & change 4. Who is the original creditor? DELL FINANCIAL SERVICES/CIT ONLINE BANK 5. How do you know you are being sued? I was served. 6. How were you served? In person, at my home. 7. Was the service legal as required by your state? Yes, I believe so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Possibly none. I think I've had some letters from Asset, but I don't recall any correspondence with the law firm. 9. What state and county do you live in? Williamson County, TN. We moved here about six months ago from another state. 10. When is the last time you paid on this account? Unsure, but the latest possible is sometime early in 2010. 11. What is the SOL on the debt? SOL on open accounts is three years in our prior state, but looks like six here - don't know if that matters. 12. What is the status of your case? I think just suit served. My warrant has a court date but I cannot find case info online. I'll call the court during business hours. 13. Have you disputed the debt with the credit bureaus? No. 14. Did you request debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? About a week; court date is 3/11. The summons simply asks me to appear; there's nothing saying if any other response is desired or necessary. 16. What evidence did they send with the summons? Barely anything; only the affidavit attached. Thanks in advance for any help/advice you may be able to offer.
  8. I have been lurking around on this forum for a month or so, and have been trying to learn as much as I can. Frankly, it is all very confusing to me, and I am very intimidated by fighting anyone in court, but have not giving up on that option. Let me start with a general background. I got a divorce about 5 years ago, and bought a house after the divorce. Had to use the credit cards for moving expenses and for repairs on the house (it was a foreclosure and everything that could go wrong, went wrong). I realized about 2 years ago that I was getting into deep debt and was in trouble, so I closed all of my accounts (except for Discover). I then called the credit card companies and got on a payment plan with 2 of them. One (Target) would not work with me and would not lower the interest rate or put me on any kind of payment plan, but 2 of them did. I then paid on all of them for the past 2 years on time. About 8 months ago, my business took a nose dive. Sales pretty much dropped off overnight. I started robbing my savings account to pay these credit card bills. Well, about 5 months ago, all the savings were gone, so I had no options other that to stop paying these cards. I have 4 credit cards that I had to stop paying sometime in August of this year. So, it's only been about 4 months since my last payment to all of them.The total combined debt to all of them is around $25,000. I have been considering bankrupcy, but hate to do that for fear of having to sell my house. I have a house with a mortgage and a used car with no payments. Currently not behind on my other bills, because I stopped paying the credit cards. I do not have the funds to settle with the credit cards at all. I have nothing left other than my house and the car. BTW, I live in TN. A couple weeks ago, one of my credit cards (Target National Bank), sent me a letter saying that they were going to place my account with a law firm for further collection efforts. Today I get a letter from that said law firm (Patenaude & Felix) saying that I had 30 days to dispute the debt and recieve verification of the debt or they may just obtain a judgement and mail me a copy of the judgement. Now, I am still getting bills from the original creditor (Target). Got one on the same day as I got this letter from the law firm, as a matter of fact. So, my question is, do I still go ahead and go through the process of debt validation when I'm pretty sure that Target has not charged the debt off yet? I mean, I'm still getting bills from the original creditors and it's only been 4 months. If I do validate with the law firm, I would say the chances are high that they would be able to validate everything that I ask of them. What do you think? Do I still send the validation letter? I was thinking that they wouldn't threaten to sue for awhile, so I am kind of taken off guard here. Any advice on what I should do would be appreciated. Please understand that I am not the brightest bulb in the box, so don't follow along quite as quickly as others.