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Found 2 results

  1. 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
  2. I've been posting about this Velocity (junk debt buyer) problem I have had for the past year or so. Prior thread: They finally sued me, probably in response to the letter I sent to them back in May of 2016. This suite is pretty sneaky. I was NOT served in any way, shape or form. More details below. I have LIMITED TIME left to respond, because I did not even know until today that I was sued late last month. More details on this below. I will update this post and this thread as I get more information from the county courthouse. It is night right now, so I can't call them or go down there. I'm not sure where the original blank "Help, I've been sued" questionnaire is located on this forum, so I copied the questions from someone else's thread, and put my own answers in: --------------------------------------------------------------------------------------------------- 1. Who is the named plaintiff in the suit? VELOCITY INVESTMENTS 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Faber and Brand, LLC attorney is Shoener, Esq, Jonathan L. 3. How much are you being sued for? Unknown at the time I posted this. I will have to go to court house to get documents. Possibly around $10k 4. Who is the original creditor? (if not the Plaintiff) Lending Club or Web Bank. Not sure. Appears to have been transferred once before Velocity got it. See documents I posted below. 5. How do you know you are being sued? (You were served, right?) Was NOT served. I received an automated response to my complaint to the CFPB saying that Velocity has not replied in a timely manner. So, I decided to check the County Court House website, and saw that I was sued 3 weeks ago. 6. How were you served? (Mail, In person, Notice on door) NOT served 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Does not appear so. as I was not served at all. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Sent DV letters, and filed various complaints with the state, CFPB, and Better Business Bureau. This has been going on for over a year. See my prior thread here: http://www.creditinfocenter.com/community/topic/326145-lendingclub-debt-is-it-a-promissory-written-or-open-ended-debt/ 9. What state and county do you live in? Washoe County, Nevada 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 06/2011 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 4 years IF they cannot come up with the actual loan agreement document 6 years if they have with the loan agreement (promissory note). Nevada Revised Statutes on SOL: http://www.leg.state.nv.us/nrs/nrs-011.html#NRS011Sec190 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). Answer Due [160723 Edit: based on new information from the county court clerk's office, reviewing the rules of the court, and this forum, at this time I have not been served so no answer is due. Nevada law says that they must serve me within 120 days of filing. They cannot serve me "electronically" or through the court eFile system. They must serve me with a process server or sheriff. If they get near the 120 day deadline and have not been able to serve me, they can file something with the court to request permission to serve me through local publication. Once served with a summons, I have 20 days to respond. ] 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 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. Yes [160723 Edit: More on this in a later post, but I may have them on one or more FDCPA violations regarding debt validation] 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Unknown. County Court Website is not much help here. [160723 Edit: 20 days] 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No summons received. Nothing at all received. All I know at this moment is the county court website shows the suite was filed in late June and I believe I have only a few days left to respond, assuming the 20 day rule applies. I will update this post and this thread when I found out more information. [160723 Edit: I now have a copy of the complaint. With it are the following: 1) Affidavit of Account signed by a Velocity employee and notarized (Velocity is NOT the original creditor) 2) printouts from the original creditor website that they are attempting to pass off as the original agreement 3) Bill of sale from the original creditor to Velocity (seems to be the "edited for the public record" version, and certifcate of sale from a Bank to LendingClub. I am posting the redacted versions of these documents below]