melsplac3

being sued in tn....I am lost on what to do.

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Well, I just got served papers today. And I can't even tell if it's the original debtor (Target) or if it was sold. How do I tell?
 
Also, how long do I have to answer this, and an even dumber question..how do I answer this? I did charge this years ago, but I just couldn't pay it anymore (loss in income). I've been watching these forums for some time, so I did send the debt validation letter to them. And a attorney for them validated it.
 
 
I am so lost, and don't understand most of what you guys post and feel like such an idiot. Please help!

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First you want to answer the questions in the first post of this thread: http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when... , copy/paste and write in your responses - so we can get a feel for your case. I prefer to not be too specific with #s & names.

 

You got served today and you've already got a thread going, you're off to a good start :) Don't worry, people are going to help you out.

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1. Who is the named plaintiff in the suit? Top right corner says the case # and TD Bank USA, N.A. as successor in interest to Target National Bank

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) see above, but down on the right side of the summons there is a law firm mentioned. Zwicker & Associates, P.C. This is where I sent my debt validation letter to.

3. How much are you being sued for? $7,894.23

4. Who is the original creditor? (if not the Plaintiff) Target    

5. How do you know you are being sued? (You were served, right?) Yep, Captain from sheriffs dept.

6. How were you served? (Mail, In person, Notice on door) Put papers in hand, and signed for them

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? well, I sent the debt validation letter to the Zwicker & Associates. They send back credit card statements. I also sent a validation letter to another attorney before this one. They were called Patenaude & Felix. They did not validate. But the last correspondence was from the Zwicker & Associates.

9. What state and county do you live in? TN Bedford

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 8/21 /2012

11. What is the SOL on the debt? I thought it was 6 years (that's what I found when I researched), but according to the captain from the sheriffs dept it is 9 years now. So, I'm not sure. According to him they just changed that.  



12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Don't know how to do this. My court date is in Nov though.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) not the credit bureaus. just sent validation letters to the 2 attorneys.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes

15. 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? I've looked all through the paperwork and can't find a time frame to answer. Where would I find this?   

 

On the Affidavit it says that a) that I am competent to enter into a binding contract. B) I opened a credit card with Target , predecessor-in-interest to plaintiff TD bank USA, and I have an account number. c) I charged purchases to that account. d) my last payment date and how much it was for. e) I have breached the contract and the account is in default. On 3/25/13 the credit card was charged off. f) as of the date of this affidavit, I am indebted to plaintiff TD Band USA owning a balance of $7,894.23 in connection with the credit-card account, which balance is overdue and unpaid. This balance does not consist of any late fees applied after the date the account was charged-off and plaintiff TD Band USA is not seeking any attorneys fees. Plaintiff TD Bank USA is the successor-in-interest to the originator and is the current owner of the credit-card account and has not been re-assigned, extinguished, or released the debt. There has been no accord and satisfaction, and there are no credits for unapplied payments or any set-offs which would reduce the balance owed by "ME". This claim is not based, directly or indirectly, upon the sale of a chattel which has been repossessed peaceably or by legal process.



16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.The only evidence that I have is called a Assignment and Assumption Agreement. It is 4 pages long, and is a lot of mumbo jumbo that I don't understand.
 

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Oh I forgot to tell you that the only blank places that are not filled in are a box for the judgement, and box for the order, and on the back of that first page is a box that says affidavit. I don't see anything for me to fill out unless, I am supposed to fill something out there.

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melsplac3

 

I can tell you from personal experience that TARGET is the O.C.

Target Bank , wife had an account , went into default , received settlement offer , I asked for Debt Validation , Received Summons ....

 

We settled for 40% and they 1099 us for the remainder...

 

If they offer you a settlement , consider it ,

If you can , make them an offer , they will work with you...

 

Just my 2 cents

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I'm working with a coworker who is also being sued by them. They've only used an account stated cause of action and it started with TNB but then they filed an amended complaint changing the plaintiff to TD Bank. An interesting thing has happened, something I've never had happen to me actually, where once they received her production of documents request they sent her a settlement offer...like the same day they signed for it.

I wonder why I never got anything like that??

Also, I will NEVER, EVER again agree to a settlement offer that didn't include a 'no 1099' agreement. Once they issue a 1099, you'll be required to pay taxes on the remaining portion because it will be considered income. Because what happened to me was that the IRS went all the way back to when I first defaulted (which was over two years prior) and charged me fees, fines, and a 3% annual interest rate on top of that. Course now, I wouldn't settle at all.

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From what I have posted, can anyone tell who is suing me? Is it still with Target? Top right corner says TD Bank USA, NA as successor in interest to Target National Bank. And then down at the bottom it gives an attorneys name (Zwicker & Associates, P.C.) in Brentwood TN. States that they are a law firm engaged in debt collection.

 

I also don't know how long I have to answer this. Where do I look? Help!!

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Target sold all of its credit card accounts to TD bank USA.

So TD bank would fill the shoes of Target they are the ones suing you.(TD BANK)

successor in interest is "One who follows another in ownership or control of property" "Assignment and Assumption of the account(s)"

Zwicker & Associates law firm is the law firm handling the case for plaintiff TD Bank.

You are the defendant.

You have 30 days to answer the complaint.

So to get started we need you to post the charges in the complaint.

You should see something that looks like this.

1.venue is proper in some county because you live there.

2.defendants name is john smith.

3.plaintiff owns the account.

4.defendant owes lots of $$$$ to the plaintiff

5.plaintiff has sent statements to defendant account is unpaid.

6.defendant breached the contract with plaintiff.

7.plaintiff prays for judgment against defendant.

Is the affidavit the only thing they sent with any charges against you on it?

If not post what they sent.

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Target sold all of its credit card accounts to TD bank USA.

So TD bank would fill the shoes of Target they are the ones suing you.(TD BANK)

successor in interest is "One who follows another in ownership or control of property" "Assignment and Assumption of the account(s)"

Zwicker & Associates law firm is the law firm handling the case for plaintiff TD Bank.

You are the defendant.

You have 30 days to answer the complaint.

So to get started we need you to post the charges in the complaint.

You should see something that looks like this.

1.venue is proper in some county because you live there.

2.defendants name is john smith.

3.plaintiff owns the account.

4.defendant owes lots of $$$$ to the plaintiff

5.plaintiff has sent statements to defendant account is unpaid.

6.defendant breached the contract with plaintiff.

7.plaintiff prays for judgment against defendant.

Is the affidavit the only thing they sent with any charges against you on it?

If not post what they sent.

 

Thanks racecar.

 

As for the charges against me....

 

My top page states that is is a civil summons for me to appear before the General Sessions Court in my county, in Nov to answer a civil action brought by TD Bank USA, N.A. as successor in interest to Target National Bank. Also, on the front is the name of the local attorney here in TN that I assume will be there (Zwicker & Associates, P.C. in Brentwood TN). States a phone number for them too. There is a spot for the Judgement, the order, and a spot for someone to let them know I am not in the military.

The affidavit says this almost exactly (leaving out names etc...) It is 2 pages long.

Affidavit

My name

State of Minnesota   )

                              )SS.

County of Hennepin  )

I," Some guys name", being first duly sworn, despose and say:

1. My name is, "his name again". I serve as a custodian of records for Target Corporate Services, INc. (TCSI) and am duly authorized by Plaintiff TD Band USA, N.A. ("TD Bank USA") to make the following representations.

2. "My name here" credit- card account was originated by Target National Bank. Plaintiff TD Bank USA has acquired all rights to the credit-card account and all obligations owing on the account. A true and correct copy of the Assignment and Assumption Agreement by and between Target National Bank, Target Receivables LLC, and TD Bank USA, N.A. dated as of March 13, 2013 is attached to the affidavit as exhibit A. Plaintiff TD Bank USA has not sold, assigned, or otherwise transferred the account, and is the only entity with a right to collect the balance due on the account. TSI serviced and maintained the business records including the account information for Target National Bank and continues to service and maintain the business records, including the account information on behalf of Plaintiff TD Bank USA.

3. I make this affidavit in support of Plaintiff TD Bank USA's claim in this matter. I am an adult (having reached the age of majority) and competent to testify to the matters in this affidavit, which I make upon personal knowledge review of the business records.

4. I am familiar with the manner and method by which TCSI maintains business records for the credit card accounts. My responsibilities include researching business records, including electronically stored information relating to credit card accounts, in connections and collection-related litigation. My testimony in this affidavit is based on that research, which may include a computerized analysis or comparison of electronically stored information by means of a system with which I am familiar.

5. I have reviewed the records relating to "my name her" account and, based on that review, the business records reflect that-

    a) "My name here" is an adult (having reached the age of majority) and neither Plaintiff TD Bank USA nor TCSI has been notified that "My name here" is not competent to enter into a binding contract.

        

    B)  On 4/12/2003, "My name here" opened a credit card account with Target National Bank, predecessor-in-interest to Plaintiff TD Bank USA, and has an  account number "states my account number here".

        

     c) "My name here" charged purchases and/or cash advances to that account.

     d)  A payment on "My name here" credit card account was last received in the amount of " $last amount I paid them on 8/21/2012.

     e) My name here has breached its contract and the credit card account is in default. On 3/25/2013 the credit card was charged off. On the date the credit  card account was charged off, the account balance was $7,894.23.

        

      f) As of the date of this affidavit, "My name here" is indebted to Plaintiff TD Bank USA owing a balance of $7894.23 in connection with the credit card account, which balance is overdue and unpaid. This balance does not consist of any late fees applied after the date the account was charged-off and Plaintiff TD Bank USA is not seeking any attorneys fees. Plaintiff TD Bank USA is the successor-in-interest to the originator and is the current owner of the credit card account and has not re-assigned, extinguished, or released the debt. There has been no accord and satisfaction, and there are no credits for unapplied payments or any set-offs which would reduce the balance owed by "My name here". This claim is not based, directly or indirectly, upon the sale of a chattel which has been repossessed peaceably or by legal process.

        

        

        

        

       

I solemnly affirm, under penalty of perjury under applicable law and upon personal knowledge based on my review of the business records or TCSI as servicer or Plaintiff TD Bank USA, that the contents of the foregoing affidavit are true.

                                                             "The guys signature here"

                                                               Custodian of Records

                                                                Target Corporate Services, Inc.

                                                                "Date he signed it."

Right here it is notarized by someone in Minnesota

This is the entire affidavit or I guess complaint.

After all of this, I've looked over what's mentioned in #2 above as EVIDENCE. It is 4 pages long of the agreement between Target National Bank and TD Bank USA, N.A.. If you guys want me to post that here, I will, but it is long.

And the last page is 4 signatures between Target and TD Bank USA, as the purchaser of the debt.

This is everything that I have. Nothing else.

I hope to see the TN lawyer give me some advice also.

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Oh duh! LOL sorry. It's because you did the letter b with the right bracket of the parenthesis. It takes it as a smiley face. I try to remember to put a space between them when I do it but I forget sometimes. Either way, we're all used to it here. No biggie.

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I don't know why I'm not getting any answers on this post. I'm going to see if my son can figure out how to post the actual summons, because maybe I have confused everyone. Will be posting that soon if he can figure it out.

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O.K. my son just added the actual summons. I think he may have it out of order, but you can get the idea of it. I added it to the top in my original post. Please someone tell me what to do. I have looked on this site at another summons that someone got, and the one that they showed looks nothing like that I received.

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I'm just sitting here, mind completely boggled, that you got an assignment and my friend did not. Oh, and one of your papers is downloaded twice. :)

You need to get the suit answered. I'd start by doing some reading on your states civil code as well. You'll want to know the rules. Have you found an answer you'd like to model your from in your reading through this site? What have you done since you were served?

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Well, I just got served papers today. And I can't even tell if it's the original debtor (Target) or if it was sold. How do I tell?

  

I am so lost, and don't understand most of what you guys post and feel like such an idiot. Please help!

 

 

@melsplac3 So far you have made a good decision by coming here and asking questions. You have a lot of time before your hearing to figure out what strategy you wish to pursue. 

 

To start out with you are probably dealing with the OC, although its not as clear as in a normal situation. Was your card in default when TD Bank purchased it? Had it been charged off when TD Bank purchased it? Find out the answer to these questions and then ask the legal minds on here if they can help determine if TD Bank is acting as an OC or a JDB. I do remember some people had issues similar to this when Capital One purchased HSBC. If TD Bank can be classified as a JDB then they will fall under the FDCPA, which would be a plus for you.

 

If it turns out they will be considered the OC then you have a more difficult battle ahead. Since the amount is on the higher side they will probably fight it. In addition to participating here you might want to consider speaking with an experienced consumer attorney to see if they offer any other advice. Many will offer a first visit at little or no cost. We have two the post on here. NASCAR, who is a moderator, and TNConsusmerLawyer, who is currently practicing in your area. http://www.creditinfocenter.com/community/user/99321-tnconsumerlawyer/

 

Another option you might look into is arbitration. I have no experience with it, but many have been successful here using it against OCs. Linda7 is very knowledgeable in this area. http://www.creditinfocenter.com/community/user/84528-linda7/ You will need to find the card agreement when you defaulted to read up on the terms. You might be able to use the original agreement if it contained a survivability clause. 

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Thanks for that explanation. Now, is anyone going to help me with my other problem...lol.

 

In Tennessee you do not answer a summons like in many other states. If you decide to fight it then you will need to file a sworn denial with the court before your first hearing. Filing this will keep them from getting a default judgement against you. http://www.tncourts.gov/sites/default/files/docs/final_-_sworn_denial_0.pdf  

 

You will need to get it notarized at your court house and then file it with the court clerk. I would do this at least a couple of weeks before you hearing and make sure and send a copy to the opposing attorney. I would not go into any detail on the form as to whey you are filing it. You can bring this up if you have a trial.

 

Your first hearing will mainly be time for everyone to get weeded out. Most will not show and the will get default judgments entered against them. A few will show up, give in and lose. Another couple will have attorneys and they will disappear. One or two people, maybe you, will ask for a trial.  

 

Here a couple of places to start learning.

 

http://www.tncourts.gov/sites/default/files/17th_judicial_district.pdf

 

http://www.tncourts.gov/courts/rules

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O.K. I just did another credit report and under TD Bank USA/Target Credit, in the pay status spot, it says "charged off". According to the report it was charged off in March of this year. Is that good or bad news?

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