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Showing results for tags 'warrant in debt'.
1. Who is the named plaintiff in the suit? - Midland Credit Management LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Peter Heindel 3. How much are you being sued for? $13,033.75 4. Who is the original creditor? Capital One 5. How do you know you are being sued? Served a Warrant in Debt 6. How were you served? Given to mother in law, who lives in the same household as I 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? Two collection letters 9. What state and county do you live in? Arlington County, Virginia 10. When is the last time you paid on this account? 06/2019 11. When did you open the account (looking to establish what card agreement may be applicable)? 08/23/2015 12. What is the SOL on the debt? To find out: 3 years 13. What is the status of your case? Just received Warrant in Debt few days ago, scheduled for appearance on 01/04/21 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No (The account is completely gone from my credit reports) 15. Did you request debt validation before the suit was filed? 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? No response required, just have to come to court on 01/04 (General District Court in Arlington, VA) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Warrant in Debt Two months statements Forward Flow Receivable Sale Agreement Affidavit of sale by the account owner (Notarized statement from Capital one VP, about sale of debt) Certificate of conformity Record with my info Affidavit from Midland employee ========================================================================================= Really scared right now, but after reading VA Code, FDCPA, some case law, and this forum, I feel better now. Still, I'm not sure what to do... Capital one doesn't seem to have an arbitration in the card agreement, but I also can't confirm as I can't locate the agreement anywhere online (apparently 2015 card agreements are not available on FTC website, but it says I can ask the card issuer for the agreement and they are required to provide it, but I doubt it will have an arbitration option either way) Currently, I was thinking of maybe trying to strike down ALL of their evidence as a hearsay, and asking judge to dismiss the case...unless they bring a witness, which I doubt that they would. Plan B, is asking for arbitration and hope that their lawyer agrees.... If they win the case, I probably couldn't even pay them anything anyway....I lost my job due to the pandemic few months ago, and currently receiving unemployment for another month(until the end of December). I have a car that is financed until 2022, but other than that nothing else to my name. I am really worried about the car though, as I've been paying it off for almost 5 years, and it would be devastating to lose it this way (which is also finance with CapOne btw lol). I'd really appreciate any advice or help with this. I've read many topics on this forum, and I am really surprised about how helpfu many of the responses are. Thank you so much in advance. I've attached the copy of the papers that had been served to me. warrantindebt_appear_01-04.pdf
Hi, I was served with a warrant in debt in Virginia and I wanted to see if anyone could help me understand my options better. I have attached a scanned copy of the warrant and affidavit. My questions: 1) My credit limit was only $1700 yet they are telling me I owe $3241. How come? 2) Should I ask for the bill of particulars and if so how do I do it? 3) I never heard from any debt collectors regarding a settlement offer. Would it be wise for me to call them and see if I could settle it out of court? Will they be able to use it in court and just say no to any settlement? I appreciate any advice. I am not trying to dodge paying. I just fallen on hard times after I lost my job not to mention 120k in college loans. I just cant afford them garnishing what little money I do have.