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Has anybody been sued by MAIN STREET ACQUISITION (HSBC)

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On January 25, 2011 a civicl small claims suit was filed against me. A person who has been trying to locate me at my residence has attempted to make contact with me, but never did.

On February 06, 2011 my mother answered the door and told the process server that I was not home (because I don't live there), closed the door and went about her business. Later that day, I came to visit my parents only to find out that the process server left the court documents on the floor.

I know at this point, I have 30 days to respond to the complaint. I received a few phone calls from MAIN STREET AQUISITION regarding a debt. However, they demanded that I make payment over the phone using a check or debit card, which I did not agree with. I told the person I was willing to settle the account if they put it in writting and mail me the letter. I never received any correspondence from this collection agency after numerous times that I requested.

It finally came down to the point where MAIN STREET AQUISITION said they would contact my employer regarding my debt (which I tought was very unethical). So I refused to deal with them, especially after they told me they were going to sue me.

Now, I'm to the point where I have to provided a written response in Court because the 30 days or else a default judgement will take place.

Has anybody ever delt with this company? If so, can you provided some help?

Thanks....

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On January 25, 2011 a civicl small claims suit was filed against me. A person who has been trying to locate me at my residence has attempted to make contact with me, but never did.

On February 06, 2011 my mother answered the door and told the process server that I was not home (because I don't live there), closed the door and went about her business. Later that day, I came to visit my parents only to find out that the process server left the court documents on the floor.

I know at this point, I have 30 days to respond to the complaint. I received a few phone calls from MAIN STREET AQUISITION regarding a debt. However, they demanded that I make payment over the phone using a check or debit card, which I did not agree with. I told the person I was willing to settle the account if they put it in writting and mail me the letter. I never received any correspondence from this collection agency after numerous times that I requested.

It finally came down to the point where MAIN STREET AQUISITION said they would contact my employer regarding my debt (which I tought was very unethical). So I refused to deal with them, especially after they told me they were going to sue me.

Now, I'm to the point where I have to provided a written response in Court because the 30 days or else a default judgement will take place.

Has anybody ever delt with this company? If so, can you provided some help?

Thanks....

Not sure about this one, but you might be able to claim improper service because the summons was delivered to the wrong address, an address at which you did not live. Did the process server ever send you a copy of the summons thru the Mail via Certified mail , and if so did you reject receiving the mail ? If he claimed to have attempted to contact you at your place of residence, then he was required to return the summons to the court clerk and file a notarized affidavit with the court clerk to that effect each time he attempted to make said delivery. Check with your court clerk. I'm sure that the law states that the summons must be delivered personally to the individual at their correct address or left at that address with someone who was competent to accept that summons ( per Tenn Law) Check with your Court Clerk in your county of residence, as well as your state's rule of civil procedure regarding summons or service of process) in this regard.

Also you can demand proof that the CA had legal standing in this regard, by proving that they had a formally executed and signed letter of agreement authorizing them to collect.

Bear in mind that if you are sued and awarded a Judgement against you, that they can ask for a WRIT OF EXECUTION and you might wake up one morning with your bank account cleaned out or frozen, or your wages garnished. So if you have any cash in your bank account, now is the time to take it out and put it in a coffee can....before the COURT DATE AND JUDGEMENT IS AWARDED....after that you could be accused of hiding assets, and if your auto is paid in full and has any value at all...you stand to have it seized.

Also, look at your states law pertaining to personal and homestead exemptions. You might be able to claim certain exemptions there.

Or you can always ask the judge for hardship and ask him to set up a payment arrangement you can afford.

Nascar, your input please !

Edited by Prosay

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Well, I'm sure they probably think I live there because that is the only address I have provided them. Of course, I'm really not going to tell them where I'm really staying at. I just honestly believe that it's BS the way they serve those documents. However, I will check with the clerks office to see if that was proper service. Thanks...

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Don't ever talk to a CA or JDB unless you are able to record the call (legally of course). Their threat to talk to your employer is a violation of the FDCPA. It would have been nice to have proof of that threat.

You must answer the Complaint. Did they provide any evidence with the Complaint? Is the debt in or outside the SOL?

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Hi, I just received the same from the same collections and from HSBC.

I have two questions.

I wasn't home this paper was handed to my 15 year old, with this said I never got the papers on my hands, do I have to go to court?

I went into the miami-dade site and I can't find the case number, in the State of Florida all records are public, I went into all the recorded documents and I can't find this called summons.

I'm unemployed have been since September of last year, I can't pay back I can barely make it with my 3 kids, what options do I have?

This paper seems fake altough very well done and I honestly dislike the scare tacticof using a court paper when is not, can someone help? thank you all.

My main question is since my son got it and he is 15, let's say he never hand it to me, therefore I never show up to court because it wasn't given to me, will this be something I can later use if by magic it happens to be true? I think this paper should of never been handed to a 15 year old minor.

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I also had an account with HSBC (GM) that has been purchased by Main Street. I have moved several times and they have no contact information for me. They are on my credit report and thats how I know who has the account.

I ended up going through Pacific Debt (negotiator) to help, but they are saying they can not locate this account. I want to settle this so I can begin the clean up process of my credit and get back on my feet.

What should I do to facilitate my goals? Does anyone have the contact info on Main Street, or should I even be contacting them? From what I have read on here they are pretty aggressive.

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Mainstreet has done the same to me in regards to HSBC. Is anyone familiar with the recent successful class action suit against Encore, for what would seem to be very similar practices?

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The initial poster asked about how the process was served on her/him. I know the question came back in February, but I didn't start on this site until a couple months ago. Main Street Acquisitions allegedly "bought out" my alleged delinquent account with HSBC, also. Hmmm ... they must have a monopoly on the HSBC company's delinquent debts, I'm gathering, from the amount of things I read online ....

The law firm they are using to sue me here in Michigan did NOT have to serve me in person, apparently. All they had to do was state that "service of process upon defendant ________ cannot be reasonably made as provided in MCR 2.105, and service of process may be made in a manner which is reasonably calculated to give defendant actual notice of the proceedings and an opportunity to be heard," and they were allowed by the court (per Michigan's statutes) to send it via first class mail!!!

So, what's the deal between HSBC and Main Street Acquisitions Corp. ... Anyone know?? Are they being given "preference" in buying out the accounts, or what? (through a certain law firm's Web Equity Holdings Co., where they advertise the following: "Web Equity Holdings was created as a vehicle to purchase and collect discounted receivables while offering significant rates of return for individual or institutional investors. Please contact us to inquire as to investing opportunities with Web Equity Holdings, LLC." .. see Web Equity Holdings | Home ...

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