Dont understand Summons from debt buyer

[Barney]

I can't not find an attorney to take my case, I have to do it myself. I do not understand what the Attorney suing me for is saying in the summons. Where can I go to have someone explain it to me.

[BV80]

Call the Lawyer Referral Service at the Colorado Bar Association. Tell them what you're being sued for, and they'll give you the name of an attorney in your area who'll give you a consulation either for free or at a reduced cost. Even if the attorney doesn't take your case, he can explain the Complaint and possibly give you some suggestions.

[Barney]

Thank you< I will do that in the Morning.

[Coltfan1972]

Can't find one, or can't afford one?

In the world of lawsuits for defaulted credit cards, the lawsuits are pretty basic law 101.

I can't believe an atty would not take the case, it would be easy money for them.

[CalParalegal]

You need to find a consumer lawyer who deals with debtor and bankruptcy law. Look in your local yellow pages directory, since they usually list their practice area. Legal aid and the local bar association may also be able to help you.

[legaleagle]

How much are they suing you for? Lawyers don't like credit card cases, they figure they won't get paid either. Most of them have no clue how to defend one anyway, all they'll do is tell you to make a deal. For them to defend you would cost more than the credit card bill, so why bother. Type the complaint here and we'll give you some help.

[tigger]

How much are they suing you for? Lawyers don't like credit card cases, they figure they won't get paid either. Most of them have no clue how to defend one anyway, all they'll do is tell you to make a deal. For them to defend you would cost more than the credit card bill, so why bother. Type the complaint here and we'll give you some help.

Respectfully, this is an unfair assertion, imo. Not sure why you feel the need to make such a statement on a board where an attorney frequently assists consumers, and does know this area of the law quite well. I noticed you made a similar assertion when a paralegal attempted to share information regarding an event w/an attorney in their state, that would help consumers.

You're entitled to whatever your opinion is of attorneys. But keep in mind you are on a site w/some of those you speak of who DO KNOW what they are talking about...and have helped many of us (free of charge, btw).

There ARE attorneys who know this area of law and WANT to assist consumers in such situations....it's just a matter of finding them.

In my area alone, there are so many of these cases being served on consumers, the consumer attorney firms I'm aware of are swamped w/work.

As calparalegal stated, finding a consumer lawyer is the key.

Op, please check out naca.net or naca.org (can't recall which is appropriate)--but if you google for national association of consumer advocate attorneys you'll find what you're looking for.

Good luck.

Edited March 19, 2012 by tigger

[Barney]

How much are they suing you for? Lawyers don't like credit card cases, they figure they won't get paid either. Most of them have no clue how to defend one anyway, all they'll do is tell you to make a deal. For them to defend you would cost more than the credit card bill, so why bother. Type the complaint here and we'll give you some help.

1. Venue is proper as the defendants reside within this County at XXXXXXXXXX Pueblo West Colorado. and/or entered into a contract within this County.

2. The amounts the Plaintiff claims from the Defendants are $8,368.51, which represent the liquidated balance of the Defendants' credit card account owned by Plaintiff, plus interest of $.00 and reasonable attorneys' fees in the amount yet to be determined and awarded by the Court, and Court costs, along with continuing interest at the rate of 0% annum.

3. The plaintiff's claim arises from the Defendants" failure to pay the liquidated balance due on credit card account number XXXXXXXXXXXX, as required by the cardholder agreement. The Plaintiff claims the right to recover from the Defendants under one or more of the following legal theories: Express Contract, Implied Contract, Quantum Meruit, Liquidated Debt arising out of a Contract, Account Stated, Unjust Enrichment, Agreed Interest or Statutory, Interest, and/or Agreement to pay reasonable attorneys' fees. Plaintiff's attorneys barring a change in circumstances or new developments arising in this case, anticipate presenting to the court a request for an award of reasonable attorneys' fees in the amount of $1,255.00

4. the Defendants are not minors, incompetent, or in the military service of the United States, but are engaged in civilian pursuits.

5. The Plaintiff does not demand trial by jury.

There is what looks like a standard Customer Agreement attached, but does not show any signature.

any help will be appreciated.

[usagi555]

1. Venue is proper as the defendants reside within this County at XXXXXXXXXX Pueblo West Colorado. and/or entered into a contract within this County.

Standard complaint stuff. The events happened here, so this court has juristiction over this case, etc...

2. The amounts the Plaintiff claims from the Defendants are $8,368.51, which represent the liquidated balance of the Defendants' credit card account owned by Plaintiff, plus interest of $.00 and reasonable attorneys' fees in the amount yet to be determined and awarded by the Court, and Court costs, along with continuing interest at the rate of 0% annum.

Stating the amount of the damages here. Pretty straight forward.

3. The plaintiff's claim arises from the Defendants" failure to pay the liquidated balance due on credit card account number XXXXXXXXXXXX, as required by the cardholder agreement. The Plaintiff claims the right to recover from the Defendants under one or more of the following legal theories: Express Contract, Implied Contract, Quantum Meruit, Liquidated Debt arising out of a Contract, Account Stated, Unjust Enrichment, Agreed Interest or Statutory, Interest, and/or Agreement to pay reasonable attorneys' fees. Plaintiff's attorneys barring a change in circumstances or new developments arising in this case, anticipate presenting to the court a request for an award of reasonable attorneys' fees in the amount of $1,255.00

Wow, that's like they threw a whole pot of spagetti at the wall with all of those causes of action. Basically, what they're claiming here is that there was an underlying contract, you breached it and now you owe them money, then they threw in Unjust Enrichment and Quantum Meruit for good measure. Each of those things that they have listed is something that will have elements that they need to prove. I'd simply deny this one.

You said it's a JDB and not an OC suing you?

4. the Defendants are not minors, incompetent, or in the military service of the United States, but are engaged in civilian pursuits.

Before getting a default judgment aginst a person, which is what they expect in your case, they have to file an affidavit stating that you are not active duty military and deployed.

5. The Plaintiff does not demand trial by jury.

CO may have a requirement that you state whether or not you want a jury trial, or maybe this law firm just states it up front.

There is what looks like a standard Customer Agreement attached, but does not show any signature.

any help will be appreciated.

No signed agreement is needed in a CC case. Prepare to hear them say "Use of the card constitutes acceptance of the terms."

[Barney]

How much are they suing you for? Lawyers don't like credit card cases, they figure they won't get paid either. Most of them have no clue how to defend one anyway, all they'll do is tell you to make a deal. For them to defend you would cost more than the credit card bill, so why bother. Type the complaint here and we'll give you some help.

Respectfully, this is an unfair assertion, imo. Not sure why you feel the need to make such a statement on a board where an attorney frequently assists consumers, and does know this area of the law quite well. I noticed you made a similar assertion when a paralegal attempted to share information regarding an event w/an attorney in their state, that would help consumers.

You're entitled to whatever your opinion is of attorneys. But keep in mind you are on a site w/some of those you speak of who DO KNOW what they are talking about...and have helped many of us (free of charge, btw).

There ARE attorneys who know this area of law and WANT to assist consumers in such situations....it's just a matter of finding them.

In my area alone, there are so many of these cases being served on consumers, the consumer attorney firms I'm aware of are swamped w/work.

As calparalegal stated, finding a consumer lawyer is the key.

Op, please check out naca.net or naca.org (can't recall which is appropriate)--but if you google for national association of consumer advocate attorneys you'll find what you're looking for.

Good luck.

I contacted NACA and wrote to one of the Attorneys from Colorado. Thank you, we will see what happens.

[Barney]

Standard complaint stuff. The events happened here, so this court has juristiction over this case, etc...

Stating the amount of the damages here. Pretty straight forward.

Wow, that's like they threw a whole pot of spagetti at the wall with all of those causes of action. Basically, what they're claiming here is that there was an underlying contract, you breached it and now you owe them money, then they threw in Unjust Enrichment and Quantum Meruit for good measure. Each of those things that they have listed is something that will have elements that they need to prove. I'd simply deny this one.

You said it's a JDB and not an OC suing you?

Before getting a default judgment aginst a person, which is what they expect in your case, they have to file an affidavit stating that you are not active duty military and deployed.

CO may have a requirement that you state whether or not you want a jury trial, or maybe this law firm just states it up front.

No signed agreement is needed in a CC case. Prepare to hear them say "Use of the card constitutes acceptance of the terms."

I do not know what JDB or OC means but it with Capital one, the attorneys are Arianne, Gronowski, Jacqurs A. Machol Jr. from Machol and Johannes, LLc.

[usagi555]

I do not know what JDB or OC means but it with Capital one, the attorneys are Arianne, Gronowski, Jacqurs A. Machol Jr. from Machol and Johannes, LLc.

JDB = Junk Debt Buyer

OC = Original Creditor

Crap1 is an OC. I know there are some issues with their affidavits, but I don't know exactly what they are. If I knew, I'd tell you, because there are some discovery requests that can make them drop your case faster than you can blink if they think they're going to be compelled to answer.

[tigger]

I contacted NACA and wrote to one of the Attorneys from Colorado. Thank you, we will see what happens.

No problem. Hope you are able to find the help you are seeking.

In the meantime, if you are interested--there is a ton of information on this forum that will at least give you a better idea of what is happening to you. Many here advocate taking the time to learn about the process, so you can be an informed consumer.

Being an informed consumer, will at least assist you with selecting an appropriate attorney for your situation. The worst thing you can do, is act out of fear (and/or desperation) by going with the first person that comes along and is willing to accept your case. Representing yourself in court isn't for everyone. But it is doable for those that are willing to take on the challenge.

Here's a couple of links that may be helpful for you:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

More information about consumer protection lawyers, and how to find one:

Consumer Protection Lawyers to Help You With Your Credit or Debt Problems

Hope this is helpful--good luck!

Edited March 20, 2012 by tigger

[Barney]

Can't find one, or can't afford one?

In the world of lawsuits for defaulted credit cards, the lawsuits are pretty basic law 101.

I can't believe an atty would not take the case, it would be easy money for them.

I can afford one but as you said no one wants the case because there is no money. I would think a thousand or more would be worth a little guidance. I would be more than happy to represent myself, if I just knew the information I present was correct and made a little aware of what rebuttals would be and how to answer them. I would think about 4 hours of consultation would be appropriate. I am more than happy to do all the other work. I think 250.00 per hour of consultation would be more than fair, compared to my $25.00 per hour I make.

Edited May 14, 2012 by Barney

[NeverServed]

JDB = Junk Debt Buyer

OC = Original Creditor

Crap1 is an OC. I know there are some issues with their affidavits, but I don't know exactly what they are. If I knew, I'd tell you, because there are some discovery requests that can make them drop your case faster than you can blink if they think they're going to be compelled to answer.

Crap1 is after everyone these days. They are going after me for 2,000 plus on a less then 500 buck debt that they got a judgement against me in a state I didnt live in. OH yeah I WOULD LOVE TO SEE YOU EDUCATE YOURSELF AND NAIL EM TO THE WALL! DONT BACK DOWN!

[legaleagle]

Respectfully, this is an unfair assertion

For every real lawyer posting here (there are 4 that I am aware of) I've seen at least a hundred posts from people who could not get one to take their case. The reasons are always the same....there isn't any money in it, or they want a big up front downpayment because they think they won't get paid. We've all seen the advice posters were given by attorneys......settle, settle, settle. It's rare that one will take a case unless there is an FDCPA violation involved.

Not sure why you feel the need to make such a statement on a board where an attorney frequently assists consumers

I said most attorneys don't know how to defend one of these cases, not all. From what I've heard people report after they had a conference with one, the statement is accurate. I doubt that any of our 4 attorneys is making a score every week defending credit card cases.

[usagi555]

Crap1 is after everyone these days. They are going after me for 2,000 plus on a less then 500 buck debt that they got a judgement against me in a state I didnt live in. OH yeah I WOULD LOVE TO SEE YOU EDUCATE YOURSELF AND NAIL EM TO THE WALL! DONT BACK DOWN!

They are the most litigious entity in my state, hands down. 11% of the civil cases in my district courts.

[tigger]

Respectfully, this is an unfair assertion

For every real lawyer posting here (there are 4 that I am aware of) I've seen at least a hundred posts from people who could not get one to take their case. The reasons are always the same....there isn't any money in it, or they want a big up front downpayment because they think they won't get paid. We've all seen the advice posters were given by attorneys......settle, settle, settle. It's rare that one will take a case unless there is an FDCPA violation involved.

Not sure why you feel the need to make such a statement on a board where an attorney frequently assists consumers

I said most attorneys don't know how to defend one of these cases, not all. From what I've heard people report after they had a conference with one, the statement is accurate. I doubt that any of our 4 attorneys is making a score every week defending credit card cases.

Of those posts by people stating they spoke w/lawyers who would not take their case, I'm sure you have no knowledge of how many of those actually spoke w/a consumer attorney (as opposed to the first person they found in their phone book).

When we sought an attorney in our lawsuit, we didn't even know there was such a distinction in the legal field as a, "consumer attorney." I'm guessing most other newbies are the same, nor do they know how to find one.

It seems infinitely more hopeful (and helpful) to inform new members there is a difference--and exactly what to look for, when they are sued in these kinds of cases, than to just add another voice to the "most lawyers are (fill in the blank)" negativity that already exists in regard to the legal field. I'd rather use my prior negative experiences to teach and inform new members, than to to dissuade and discourage. If you lack positive experiences w/consumer attorneys, it would seem you're not in a position to offer advise to others on working with them.

As far as the legal pros that post here are concerned:

Unless you work w/them personally, or do their taxes--I doubt you are in a position to speak of how much (or little) work they take on, and how financially beneficial it is (or is not) for them. But again, you're certainly entitled to your opinion of that, too.

[tigger]

I can afford one but as you said no one wants the case because there is no money. I would think a thousand or more would be worth a little guidance. I would be more than happy to represent myself, if I just knew the information I present was correct and made a little aware of what rebuttals would be and how to answer them. I would think about 4 hours of consultation would be appropriate. I am more than happy to do all the other work. I think 250.00 per hour of consultation would be more than fair, compared to my $25.00 per hour I make.

Ken

If the bolded is true, a great deal of the information you need, you can find on this forum. Many of us, in a variety of states around the country have done so. It was work, but it's doable for the motivated.

A couple of things come to mind reading your post:

1. When you get in touch w/a consumer attorney, find out if they "bundle," in other words if they are willing and/or able to offer consultation on your case for chunks of their time, at a fee. It's a fairly new thing in the legal world, but there are attorneys offering this. Not certain how many (if any) in the world of consumer advocacy and credit card cases do so, though.

2. Start reading from the links I offered you. Also do searches on this forum for your state, to find posts specific to defending yourself successfully in your state.

There are some respondents in this thread who were very helpful during the time I joined and sought help in our case (i.e. coltfan1972, BV80 and usagi555)...so your in good hands in that sense. We won our case in January. We're all in different states, from yours, I think.

In terms of defending yourself from a lawsuit, it is essential to always check out what others offer: for accuracy--does it apply to you and your case, is it in accordance w/your jurisdiction's court rules, etc. Has the person actually been where you are right now (having been sued, by a cc company or collection agent)? Or are they just spouting off because they seem to enjoy offering advice?

Ultimately it's your case, and your responsibility to defend if you decide to take that on. You have to always be aware of that, and know that no one is going to have your interest at heart, the way you do. Check out anything and everything anyone says--search is your friend.

It's a lot of information to learn, and it can seem overwhelming--but again, w/motivation you can do it!

Good luck!

Edited March 21, 2012 by tigger

[BV80]

Tigger gave you some good advice. Just understand a suit brought by an original creditor is more difficult to defend that one brought by a junk debt buyer. With a junk debt buyer, there's the issue of ownership of the account. The JDB has purchased it but usually can't prove it. Therefore, the JDB can't prove they have the right to sue you.

This is not an issue with an original creditor. The account was opened with them, so they definitely own it. You would have to find another way to defend yourself. Perhaps the amount they're claiming is incorrect. Perhaps you disputed charges or fees in the past. As Usagi stated, maybe there will be a problem with the OC's affidavit.

I think an attorney is a great idea. However pay attention to the details. You're being sued for $8300. By time they add attorneys fees and interest, no telling what it will be. If your attorney can win the case, or get a good settlement for you, great. But then you have to add your attorney's fees to mix.

If your attorney gets you a settlement for $4000, then you have to your attorney $1500, you're up to $5500. Could you have reached that $4000 settlement on your own?

You see my point. Just be sure to consider all your options and possible outcomes. Still, a consultation with an attorney is the best way to start.

[Heeeelp]

Hi guys,

I can't afford a lawyer either, so I'm taking advice from this forum in fighting Midland Funding LLC in Michigan...

Now, I have a pre-trial in early April and I am confused.

I already received and answered summons, denied claims, and included my affirmative defenses in it. I sent a request to midland funding asking for a copy of a signed agreement/contract and all i got is copies of monthly statements from OC.

Also, their affidavit that was attached to summons was dated two months back.

Now I have their pre-trial statement...need to make my pre-trial statement.

I did not file a counter affidavit either, but I read a thread that suggests I have one ready for pre-trial...what do I put in my counter affidavit?

Edited March 27, 2012 by Heeeelp

[tigger]

Hi guys,

I can't afford a lawyer either, so I'm taking advice from this forum in fighting Midland Funding LLC in Michigan...

Now, I have a pre-trial on 4/3/2012 and I am confused.

I already received and answered summons, denied claims, and included my affirmative defenses in it. I sent a request to midland funding asking for a copy of a signed agreement/contract and all i got is copies of monthly statements from OC.

Also, their affidavit that was attached to summons was dated two months back.

Now I have their pre-trial statement...need to make my pre-trial statement.

I did not file a counter affidavit either, but I read a thread that suggests I have one ready for pre-trial...what do I put in my counter affidavit?

Hi Heeeelp,

Welcome to the creditinfocenter!

You are going to need to create a thread of your own, so members can see, and address your questions. When you pose questions in someone else's thread (piggybacking), people tend to not see it, as the focus is on the person who created the thread. Even if people see it (as I have) some will be reluctant to respond, out of consideration for the creator of this thread.

I get that it's sometimes easier to speak up, when doing so in an already established thread, but really--there is no need to be shy.

The board is filled with helpful, friendly people. The more information you provide (sans info. that could identify you and your case, of course) the easier it is for others to help you. See the stickies in this forum about what information that you need to provide in your post, to obtain assistance.

FYI--tons of information here on Midland, lots of people who've been sued by them and I think there are some members with knowledge about Michigan courts (though you may want to state in your subject line something about being sued by Midland in Michigan)--so people w/specific info can respond to you.

Just create a thread (if you haven't already)--so people will see that you need assistance. Something that may not happen when you're hidden is someone else's thread.

Looking forward to seeing your thread--and sincerely hope this helps!

tigger

Edited March 21, 2012 by tigger

[legaleagle]

I would like to conduct an informal survey of all the members of the bar who contribute here so we can dispel with this mythology. Considering two or three of them are in absentia, we are restricted to a mere two that I know of. I would ask these questions:

1. How many cases involving defaulted credit cards have you defended in the last two years? These would be cases that did not involve any FDCPA violations or other counterclaims. Just the straight up amnesiacs we see here.

2. How many of them did you win? Not settlements, straight victories.

3. What was the approximate ratio of legal fees versus the alleged debt?

4. What percentage of the winners paid their legal fees?

5. What percentage of your income in the last two years was derived from defending credit card cases as described above?

[Heeeelp]

Thank you for the advice...I appreciate you taking the time to respond.