marisakay

I am being sued and need a Consumer aTTORNEY IN ohio....

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i HAVE POSTED BEFORE THAT i AM BEING SUED BY pORTFOILIO RECOVERY (mbna) here in OHIO for 2200...I filed my answer and counter claims and now a pretial is set for dec 22....I am scared to go forward w this alone...I hear consumer attorneys work w you for free unless you win $, but how do I go about finding someone that will take the case? I bet that is hard......can someone pouint me in right direction? I AM in OHIO...ty

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If you're being sued for $2,200 it would hardly be worth hiring an attorney. Just go to court and see what happens. They may knock off 50% before you get there. Worst case scenario is a judgment for $2200.00 plus possibly modest court costs.

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I was told by another not to fight this alone.....and that there are attorneys who take the case for free unless you win money then you pay them...guess they were wrong??? here are my counter claims....

FIRST AFFIRMATIVE DEFENSE:

5. Statute of Limitations has expired and therefore uncollectable.

SECOND AFFIRMATIVE DEFENSE:

6. Proper validation was never given. I have received numerous letters with many different balances. Never received a full accounting of how the amount being claimed was reached. I DEMAND FULL accounting for this allegation.

THIRD AFFIRMATIVE DEFENSE:

7. Asked Plaintiff for validation and instead received letter from attorneys with NO VALIDATION. Still awaiting PROPER VALIDATION (Violation of FCRA Section 611 Part A(1)

COUNTERCLAIM:

8. The Plaintiff failed to give proper validation of the debt upon demand. (Violation of FCRA Section 611 Part A(1) and the FDCPA)

9. The Plaintiff failed to report the debt as \'93disputed\'94 to Credit Bureaus. (Violation of FDCPA Section 807 (8) )

10. Failure to comply with Civil Rule 10(D) and Failure to comply with ORC 1319.12(B). Ohio requires Collection Agencies to have an office in Ohio in order to collect and to sue. Defendant has no office in OHIO therefore is unable to collect.

11. Portfolio Recovery violated section 1692e(10) by misrepresenting themselves as an assignee of MBNA.

12. Per the FDCPA, Defendant prays the court for $1,000.00

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What court is this in (Municipal, County, Fed)? Every FCRA/FDCPA Lawyer that I found listed in NACA.NET for Ohio were just BK Lawyers. They list themselves as FCRA/FDCPA but know nothing about the acts when asked about them. If you come across a good one in Ohio, post him/her.

I have a case that I downloaded from PACER. It was a consumer who sued Midland/MBNA. I see that you are being sued, but there is some good reading in this case that should apply to you. PM me with an email if you would like a copy of it. It is zipped (5.5Mb). So make certain that you can receive that large of a file attachment.

Here are a couple of other links here that may help as well.

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=22830

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26081&postdays=0&postorder=asc&start=15

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A failure to vaoidate is not an affirmative defense to the debt. And it is not a counterclaim. It may be an action against the law firm for continuing to collect without verifying, but heck, you are in court you can get all the verification you want through discovery. I would amend your answer to include the following defenses

1. The action is barred by the statute of frauds

2. Plaintiff ( Portfolio) lacks legal capacity to maintain the action in this court. NB: You need to check with your state to see if POrtfolio is authorized to do business in your state. Forget the licensed CA line, that is a loser.

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I was told by another not to fight this alone.....and that there are attorneys who take the case for free unless you win money then you pay them...guess they were wrong??? here are my counter claims....

FIRST AFFIRMATIVE DEFENSE:

5. Statute of Limitations has expired and therefore uncollectable.

SECOND AFFIRMATIVE DEFENSE:

6. Proper validation was never given. I have received numerous letters with many different balances. Never received a full accounting of how the amount being claimed was reached. I DEMAND FULL accounting for this allegation.

THIRD AFFIRMATIVE DEFENSE:

7. Asked Plaintiff for validation and instead received letter from attorneys with NO VALIDATION. Still awaiting PROPER VALIDATION (Violation of FCRA Section 611 Part A(1)

COUNTERCLAIM:

8. The Plaintiff failed to give proper validation of the debt upon demand. (Violation of FCRA Section 611 Part A(1) and the FDCPA) FCRA 611 is the dispute procedures CRAs must abide by. This is not something you can counterclaim against a CA (unless it's in tandem with FCRA 623b). Also, what exactly is your FDCPA allegation?

9. The Plaintiff failed to report the debt as \'93disputed\'94 to Credit Bureaus. (Violation of FDCPA Section 807 (8) )

10. Failure to comply with Civil Rule 10(D) and Failure to comply with ORC 1319.12(B). Ohio requires Collection Agencies to have an office in Ohio in order to collect and to sue. Defendant has no office in OHIO therefore is unable to collect.

11. Portfolio Recovery violated section 1692e(10) by misrepresenting themselves as an assignee of MBNA.

12. Per the FDCPA, Defendant prays the court for $1,000.00

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What court is this in (Municipal, County, Fed)? Every FCRA/FDCPA Lawyer that I found listed in NACA.NET for Ohio were just BK Lawyers. They list themselves as FCRA/FDCPA but know nothing about the acts when asked about them. If you come across a good one in Ohio, post him/her.

This is true!

I need one, too, in Ohio.

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this court is small claims here in my city, Lima OHIO ALLEN COUNTY

IM do not know what to do and have no money....I feel like giving up....pretrial is DEC 22 and I am dreading even going....looks like I am gonna lose anyhow....Plaintiff sent me papers of the answer to counterclaim....basically denying all...

I am at a loss..

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If I were you and I could not find an attorney in time (since you are being sued), I would go to court and plead poverty.

Judges will go by a budget. I would type up a household budget and leave only $5.00 available left that I could pay to them.

Acceptable expenses include housing, food, secured payments (like for a car), and MEDICAL. The medical is a good one because you can beef it up real good and often don't have to prove it. If you don't have a bunch of medical costs already, then you can be suddenly sick. Put exact names and dosages of medications (get them off some place like WebMD) with the price. There are lots of expensive medicines out there. Also put office visit costs or co-pays to various specialists or small monthly payments for procedures you can't really afford like CT scans, etc. We are allowed to run up medical bills and not look like dead beats.

Disclaimer: This is JUST MY OPINION and I'm not advising you to do anything because I'm not an attorney. :)

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Marisa,

Don't just give up and think you are going to lose!!! Did you expect for them to NOT deny your claims? Of course they will. But they have to prove they are not in violation, and that's where you can get them.

In my opinion, you have an excellent chance.

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Get caught lying to a judge and it is called perjury. A felony. Not worth it for a $2200 debt, IMO.

Well yes. However, it IS small claims court. I've seen the budget thing done in Family Courts many times and judges there always expect people to inflate their budget. The law is stretched in courts of all kinds every, single day. It's not like she's Martha Stewart going to Federal Court!

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