rjejw Posted October 16, 2010 Report Share Posted October 16, 2010 I definately need some help with this out of the blue i get a summons to appear at the local districts office didnt say anything about doing anything written, the debt is on an old credit card . there are no consumer credit lawyers in this area, and i cannot afford to hire one from the burgh, also legal assistance was of no use, thing is i need a defense strategy, i have information but dont know how to put it together, I really would like someone to give me a good strategy to beat these bottom feeders, that are too low to kick and too slimey to step on, in all sincerity i really need your help. thank you and God bless, rjejw Link to comment Share on other sites More sharing options...
stryker Posted October 16, 2010 Report Share Posted October 16, 2010 Post the complaint (if there is one)with any identifying information redacted and start reading the stickies. you have time. stay cool. Link to comment Share on other sites More sharing options...
BV80 Posted October 16, 2010 Report Share Posted October 16, 2010 Is the debt within or outside of the SOL?What evidence, if any, did the include with the Summons and Complaint?Read the court rules for civil cases on your state's court website. Those will have the information you need about answering a complaint.You must rely on the 3 R's: Research, research, research Link to comment Share on other sites More sharing options...
rjejw Posted October 16, 2010 Author Report Share Posted October 16, 2010 (edited) It states Plaintiff is the rightful assignee of the above referenced account, the account was opened and established by the defendants request, under which credit was extended to the defendant. Upon information and belief defendant, Defendant used/or authorized the use of credit thus extended,resulting in a balance due and owing by defendant on the account. Plaintiff holds all rights, title,and interest in the account. Despite plaintiffs demands for payment, defendant has failed and refused to pay all sums due and owing on the account, to the damage and detriment to the plaintiff, Plaintiffs records indicate that there is presently due and owing form defendant to plaintiff set forth. THE amount is 1,811.36, nothing accompanied the summons. Inever received anything from these people ever except this, i truly need your help. no evidence accompanied the summons. Edited October 16, 2010 by rjejw Link to comment Share on other sites More sharing options...
rjejw Posted October 16, 2010 Author Report Share Posted October 16, 2010 (edited) i believe its within the sol. Thank you very much BV80 also their lawyers they hire are hayt, hayt and landau out of philly. Edited October 16, 2010 by rjejw insert Link to comment Share on other sites More sharing options...
BV80 Posted October 16, 2010 Report Share Posted October 16, 2010 (edited) You must answer the Complaint on time or they will try for a default judgment. Look on Pennsylvania's Supreme Court website, and start reading the Court Rules for civil cases. They will tell you how your Answer should be written (spacing, form, etc), how long you have to answer, etc. The website will also have copies of forms and motions. You'll be able to copy and paste the Court header from one of them for your Answer. You'll just need to put in the correct information.The Rules will also give you information about Interrogatories and Requests for Production of Documents. If the JDB sends you those documents for you to answer, you can send your own Interrogatories and Requests as well. JDBs buy portfolios full of defaulted debts for pennies on the dollar. They have to be able to prove they own a debt in order to collect. They can rarely do that. I'm sure you're already looking over these boards and finding out what JDBs need to prove their case. You'll want them to provide a chain of ownership which shows who they bought the debt from, and how many times it's been sold. They may be able to provide a bill of sale showing they purchased a portfolio from the credit card company with whom you had an account, but they rarely, if ever, can prove that your account was part of that portfolio.There are sample Answers to Complaints with affirmative defenses on this forum to help your prepare your Answer. I went ahead and sent Interrogatories and Requests to the JDB along with my answer. If your court allows, you can do the same thing, or you can wait until you receive something from the JDB. That's up to you. Just read everything related to Midland and other JDBs on this site. Edited October 16, 2010 by BV80 Link to comment Share on other sites More sharing options...
BV80 Posted October 16, 2010 Report Share Posted October 16, 2010 Read this thread. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=304489It provides a great affirmative defense...Lack of Standing...they have not proven they own any alleged debt that is allegedly owed by you, therefore they have no reason or right to sue you. Link to comment Share on other sites More sharing options...
Massive Posted October 16, 2010 Report Share Posted October 16, 2010 i believe its within the sol. Thank you very much BV80 also their lawyers they hire are hayt, hayt and landau out of philly.You don't owe Midland any money. Take them to school with that information you received. Link to comment Share on other sites More sharing options...
rjejw Posted October 17, 2010 Author Report Share Posted October 17, 2010 Massive thank you very much i really appreciate your help, God bless Link to comment Share on other sites More sharing options...
rjejw Posted October 20, 2010 Author Report Share Posted October 20, 2010 You must answer the Complaint on time or they will try for a default judgment. Look on Pennsylvania's Supreme Court website, and start reading the Court Rules for civil cases. They will tell you how your Answer should be written (spacing, form, etc), how long you have to answer, etc. The website will also have copies of forms and motions. You'll be able to copy and paste the Court header from one of them for your Answer. You'll just need to put in the correct information.The Rules will also give you information about Interrogatories and Requests for Production of Documents. If the JDB sends you those documents for you to answer, you can send your own Interrogatories and Requests as well. JDBs buy portfolios full of defaulted debts for pennies on the dollar. They have to be able to prove they own a debt in order to collect. They can rarely do that. I'm sure you're already looking over these boards and finding out what JDBs need to prove their case. You'll want them to provide a chain of ownership which shows who they bought the debt from, and how many times it's been sold. They may be able to provide a bill of sale showing they purchased a portfolio from the credit card company with whom you had an account, but they rarely, if ever, can prove that your account was part of that portfolio.There are sample Answers to Complaints with affirmative defenses on this forum to help your prepare your Answer. I went ahead and sent Interrogatories and Requests to the JDB along with my answer. If your court allows, you can do the same thing, or you can wait until you receive something from the JDB. That's up to you. Just read everything related to Midland and other JDBs on this site. tOOK MY PRELIM OBJECTIONS TO THE MAGISRATES OFFICE THEY WOULDNT ACCEPT THEM THEY TOLD ME TO BRING IT TO THE HEARING Link to comment Share on other sites More sharing options...
BV80 Posted October 21, 2010 Report Share Posted October 21, 2010 Did you already answer the Complaint, file your answer with the court, and send a copy to the Plaintiff's attorney? Link to comment Share on other sites More sharing options...
donqII Posted October 22, 2010 Report Share Posted October 22, 2010 I definately need some help with this out of the blue i get a summons to appear at the local districts office didnt say anything about doing anything written, the debt is on an old credit card . there are no consumer credit lawyers in this area, and i cannot afford to hire one from the burgh, also legal assistance was of no use, thing is i need a defense strategy, i have information but dont know how to put it together, I really would like someone to give me a good strategy to beat these bottom feeders, that are too low to kick and too slimey to step on, in all sincerity i really need your help. thank you and God bless, rjejwI sent you a PM Link to comment Share on other sites More sharing options...
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