Everything I have read basically says if a debt collector says you owe. Then you owe it. 

Any suggestions how to beat a credit card debt that isn't yours. 

I am curious -

My father established a storage facility unit account sometime prior to his strokes in 2013. I have power of attorney for him and had been paying for his storage since. When his finances drained, I started to utilize my household funds to pay his monthly storage rent in hopes that one day his condition would improve and he would be able to return to work and maintain his belongings. Unfortunately, that is not the case. In 2018 and early 2019, after many arguments with my husband, I was forced to let the unit go as we could no longer financially afford to pay $500/mo to maintain it.

During the course of my paying the monthly rents, I did sign an agreement for an additional space to help consolidate the remainder of items for my father to one location. I did not sign for the original unit only the new unit. That unit was vacated in spring 2017.

The storage facility has placed a collection account in my name only - not my father's - for the balance owed on his original unit. Is this even possible? I've contacted he original storage facility and the collection agency - they refuse to remove the collection account without payment in full. They claim that since I signed for the additional unit (that was vacated 2017) and signed the intent to vacate for the original unit by & with power of attorney for my father - How could I be personally responsible for my father's debt - even with a power of attorney to act on his behalf. I do not believe I am financially responsible for this debt. It was my fathers unit, my fathers belongings and my father's obligation.

Thank you for your insight.

I received a voice mail from a at firsted wasa machine then a man got in the line on Saturday 1/11 . he stated he received paper work at his office today with my name and social. Attached to it. He is advising me he has a request to put me on his list to obtain a signature for a certified notice of intent for a pending legal claim filed against me. Before he stops be my residence or place of employment he wanted to give me a courtesy call to infom me I am being put in his schedule to be served. he left the number of the claiment if i have any questions or want mire info about the matter. He repeated he will be out to serve me this Friday between 1-7. Either at my job or residence and for me to have a valid picture ID and/or supervisor to serve as a witness. I called the number left and its "asset location sevices llc" I could not get ahold of anyone maybe because its Saturday. My question is do I call them to find out what its about? How much info do Igive them about myself if I call? Should I just wait until Friday to see if he shows? Not sure what its about. I do have some debt but do not want to be scammed. I checked my CR and this company is not on it. Also, my brother received a call a week prior from a man stating he needed to serve me about a clain and if I didn't know anything about it for me to call the number he left. I did and it was a differnt company called nationwide?? Any advise would help.

Hi all, 

So forgive me; it's been awhile since I've had credit problems, but last year was a rough one... 

SO

I had two cards with capital one that both charged off about 6 months ago...... I just got a letter dated 1/18 that says "My account was acquired by Sherman Originators III, LLC on 1/17." And that they own my account and may contact me yata yata.... 

a) trying to not panic that I will receive a summons 😱😱

b ) I am totally wanting to pay these off. One is for 733.00 and the other for about 1200.00 

My finances are kind of tight as I've been paying quite a few things off, but my income is steady and I could slowly but surely pay both. If this is my plan, do I need to freak out that they won't work with me? Unfamiliar with this company; have no idea what to expect. Any help or insight would help. I will try not to react unrealistically in the meantime! Thanks! 

Hi. First time posting here. I had found another thread about this but it was rather old and it didn’t help me since I didn’t get the acronyms and I’m pretty inexperienced. Today I got a pre-legal notification from midland credit management about an old cc acct that has gone unpaid since 2013. It says that they’ve made several attempts to reach me which is true they call and send me letter that I always ignore, and that they’re considering forwarding my account to an attorney. Now this account is only a little over $500. Would they really sue me for that ? 

Also, I recently moved and this letter had been sent to my old address. I just got it to my new address today ... It’s dated 2/9/2018 and it says they needed to hear from me by 3/11/2018. So that’s way passed that now... I assume they’ve called me but again I don’t answer unknown numbers. What do I do ? 

Howdy, gang - 

My wife has started getting calls (number shows as Texas) saying that there's "fraudulent use" of her SSN and that the police are coming to arrest her - typical scam tactics. They keep asking for her SSN and then hang up when she starts giving them back their own double talk. Anyone else getting these lately? It used to be the same thing, except fake IRS.

received a letter dated 07/24/2019

current creditor Midland Funding 

original creditor synchronny bank

it is a basic letter stating to contact them(Eaton) within 30 days to dispute or they will assume debt is valid

What should I do? I have read a lot of topics on here on how to deal with them but I am not very legal savy..

Thank you

So long story short. I fell on really hard times at the end of last year job loss for a few months. I had stopped pay my credit cards.

once I found employment some creditors decided to help me out and some did not. Hence, I have been receiving letters from Midland for the

past two months about a Synchrony Bank ($4,000) account that was charged off in January of this year . Last week I got a Final Pre Legal notification stating that they are moving my alleged account to an attorney review process.

From this boards experience with them how long before the sue? I would rather resolve this before it gets to court as I have no experience in legal affairs.How much would they typically settle for?

Hi, I am new to the forum and I saw similar posts as this but I was just wondering if I can get info on my specific post.

I recieved this letter from stenger and stenger about twodays ago. I am just wondering if I can get some advice and wisdom from you guys. 

This is not a summons or anything but I've read that these people will sue.

Any thoughts? 

Thanks in advance! I am in Ohio by the way.

Hi I am in the middle of a lawsuit with the scum of the earth midland funding. Here's where I'm at so far

I was served a summons which I responded to.

I then received a request for production and a request for admissions.

I responded to both of these admitting nothing and did not provide midland with anything they could use against me.

I then filed my own request for production and have just received a response here is what I received:

1 "All documents evidencing any communication between plaintiff and defendant in connection with the agreement described in Plaintiffs Petition, including letters and correspondence"

response: Please find attached midland letter and letter of initial validation. Plaintiff has no further responive documents at this time

2. "The alleged credit card application from account numbers ****************** bearing the defendant's signature"

response No signed application is within Plaintiff's care, custody, or control. Please find attatched Account level terms and conditions. Plaintiff has no further responsive documents at this time.

3. "The alleged credit agreement from account numbers ********************** that states interest rate, grace period, terms of repayment et cetera"

Response: Please find the attached statements coving march of 2017 until february 2018. These contain additional terms and conditions, such as the interest rate. The account level terms and conditions previously attached in response to request for production 2, above, are also responsive to this request. Plaintiff has no further responsive documents at this time.

4. "itemized statements or credit card statements from account numbers *********** that demonstrate how the alleged amount of XXXXX was calculated"

response: The Statements previously attached in response to request for production 3 above are also responsive to this request. Plaintiff has no further responsive documents at this time

5. "A contract, agreement, assignment, or other means of demonstrating that midland funding LLC had the authority and capacity, and was legally entitled to collect on the alleged debt from account numbers ******

response: please find attatched Chain of Title with account-specific attachment. Plaintiff has no further responsive documents at this time

6. "Letters sent to defendant by midland funding LLC, demonstrating an attempt to collect on the alleged debt. Account number ********"

response: The midland Letter and Letter of initial validation, previously attached in response to defendants request for production 1, are also responsive to this request. Plaintiff has no further responsive documents at this time.

7. "a notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally"

response: Please find the attached Plaintiff's Affidavit. Plaintiff has no further responsive documents at this time.

8. "any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account numbers ***********"

response: Please find attached goodby letter. Plaintiff has no further responsive documents at this time.

9. "any further documentation, beyond what has been previously requested, that clearly establishes defendants liability and/or responsibility to the alleged debt"

response: Plaintiff has no further responsive documents at this time.

10.  "Any and all written communication, received by the plaintiff and/or plaintiffs attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff's and/or plaintiff's attorney accessing of defendant's  credit report(s)"

response: Plaintiff has no further responsive documents at this time.

11. "Any and all communications from the plaintiff and/or plaintiffs attorney to the defendant explaining why plaintiff and or plaintiffs attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant's credit report"

Response: Plaintiff has no responsive documents at this time.

12" Any and all credit report(s) plaintiff and/or plaintiff's attorney obtained from any credit reporting agency as well as obtaining defendants credit report(s)

Response: Plaintiff has no response documents at this time.

13 "Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collection debts, that relate to the defendant and/or Account numbers *********"

response: Objection, defendant's request is not reasonably calculated to lead to the discovery of admissible evidence. Further, this request calls for documents protected under the work- product doctrine.

I have never been through the court system before but it seems to me if they don't have any documents with my signature agreeing to the terms and conditions of the credit card agreement, or anything with my signature on it, then they really don't have a case.

I don't know what I should do next. Should I file a motion to compel them to provide me with signed credit card agreement? Should I file a motion to drop the case? I really just have no idea after this. This is taking place in the state of Washington if that helps. This site has been a lifesaver and I thank anyone who will respond/help with this. Thank you!

I think I need a little guidance.  I have filed response to summons from AMEX and now responding to request for documents and interrogatories.  I have done some research and feel like I am headed the right direction, but want to know if anyone out there can assist.  First the Plaintiff's Request for Production of Documents ... I have one issue and that is they have the wrong name on it.  In a couple of places, i.e., Responding Party (pretty important I would think) and in body of document stating Defendant (wrong first name is listed), indicates a male and I am female.  So quite different.  Secondly, my main complaint is that over a timeperiod I received not one but two correspond notating that the account was transferred to another company.  Gatesstone and NCI.  Now it appears to be back at AMEX.  I am confused and does this include even more charges to compensate for their mishandling?  I am thinking of using the following answer to the interrogatories as it applies:

They want me to confirm many statements regarding a specific account and specific CC number.  It has been so long I do not have the card or most of the docs.  I cannot confirm if this is even the same account.  Any suggestions.

My wife's father passed January 2018.  He had a trust set up, as well as a pour over will, my wife is now executor and PR for both, as well as beneficiary.  The only asset of value in the estate was a small commercial strip mall that he was sole proprietor on.  We have since refinanced it and placed in our own LLC. 

Initially we were not able to locate the pour over will , and for a short time another family member held the PR status prior to my wife.  In that time, she manager to cash out and blow $14000 in stocks and a tax return.  We have put this issue behind us because the money and the means it was used is of little significance and would cost more headaches and lawyers fees to pursue it.  

My father in law had $35000 in credit card debt, some of which we are trying to have charged off, advising the creditors that the estate is insolvent.  However, there is about $17000 that has gone to a collections agency and they will only accept 70% without documentation for an accounting.  The only accounting we have is from the former PR and is of poor quality, which I fear would open more legal issues. 

Because the strip mall was removed from the trust when he refinanced it and never deeded back in, we are being advised by our lawyers that the building is considered an asset of the estate.

We have been advised by our lawyer that we need to negotiate and pay off this debt to close out probate and avoid any future legal or financial consequences. 

Any suggestions on how to handle the collections agency moving forward?  Should we place it in the hands of our lawyers to take it from here and negotiate a settlement better than we can?  We understand that they need to be paid, but we are limited in funds of our own as we proceed with these matters, paying out of our own pocket.

Recently was granted a Dismissal Without Prejudice with a collection agency. Is there a motion I can file to have the Plaintiff dismiss with prejudice?

I also have a pending arbitration case in which the Plaintiff demanded that the case be closed due to the fact that they dismissed the court case.  Are they able to do that?

Do I have any leverage over the Plaintiff to resubmit a dismissal with prejudice with the Court?

Thank you for your time and assistance.

@firsthardcheese

Delete

Thanks

Hello all,

  So I received a few letters from attorneys in December, indicating that I was being sued. I did a case search on my name in the system and found that Portfolio Revocery was suing me for a Lowe's account ($1,234). I was never served, but kept checking the court site every week to see if any new motions were being put in or additional information. One week, I saw that the processor said that I was served on December 19th and they filed notification on January 12th (so sketchy). This meant I had less than three days by the time I saw it to respond.

Anyway, I scoured this site, spoke generally to an attorney and filed my answer, and got a court date. I prepped myself for the hallway discussion and had my responses prepared and I also carried my MTC arbitration just in case all else failed. Well, all else FAILED. lol. In the hallway Tamara presented a stack of every statement ever sent and copy of a letter "from" Synchrony Bank stating that they sold my account to them (date, name address, and account number). I moved forward with my last resort and presented my MTC. This was the ONLY familiar hallway exchange, when she proceeded to tell me how expensive it was.

She wouldn't accept my motion in person, she just said ok, we can go back in. We reentered the court and went up to the judge. She informed her that I wanted to go through arbitration. I was given another court date and told that if I didn't file, I would be expected back in court on that date. wtf.

Long story short I let my ex-fiance take advantage of multiple credit cards because love makes you do stupid things. After I found out he cheated on me I left him, changed all my contacts, & ignored all my bills. It was stupid, I was depressed, but now I am being hunted.

I am living in Florida, and I am from Florida. I’ve been getting letters, some in regular mail, & some in UPS envelopes. They are from Midland & they all state that if we do not hear from you we may give give this account to an attorney. I am getting nervous because I’ve gotten notices from them from them from 2 different accounts now. One is a best buy (citibank) & the other is a double cash card (citibank).

I really need help, anyway possible, obviously removing this from my life at zero cost would be amazing but I’m going to be realistic & understand that I will need to pay up some cash. I’ve tried reading through the forum & I’m having a hard time understanding the terminology & how do address this situation in a formulaic way. I am open to any suggestions. Thank you!

Sincerely,

Sam

I live in fort bend county and received a summons from portfolio recovery in reference to a credit card debt of $1,500 what do I do next. I am going on Monday to answer the and place a denial on their request. my letter from the court is the same letter in this feed doesn't give any information other than the amount owed and credit information when I applied for the card.

Hi there,

I was hoping someone could assist me.  We are being sued by Midland Funding LLC in the JP court in Houston, TX.  (side note, portfolio is after us too on another account at the same court-really stressing here).  That being said, we filed an answer back in May.  We got a notice of trial setting in the mail about a week ago for October and it also said we needed to let them know if we want a jury trial.  Our confusion is WHY in the world would Midland funding file a motion for default judgment on July 18 when we filed an answer?  We filed using a template someone suggested on here and gave a copy to the court, kept one, and mailed one certified mail return receipt.  Did they file that in error?  Can someone give me tips on how to proceed?  TIA.

Whois the named plaintiff in the suit? Midland Funding

2. What is the name of the law firm handling the suit?  Multiple 

3. How much are you being sued for?  1268

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

5. How do you know you are being sued? (You were served, right?)  Served 

6. How were you served? (Mail, In person, Notice on door)  Roomate received the notice at door

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?  Called and tried to settle with less.. they offered me $200 off

9. What state and county do you live in?  Fairfax county Virginia 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  7/17

11. When did you open the account (looking to establish what card agreement may be applicable)?  06/2015

12. What is the SOL on the debt? To find out:  3 yrs

13. What is the status of your case? Suit served? Motions filed?  Open, have court 9-4-19

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  No

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').  Unfortunately, no.

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  Warrant, 2 last statements, official paper saying they are selling the account off

Hey guys I’ve been doing a lot of research and it seems my best bet is MTC arbitration. ALSO the original store I purchase the items from was HHgreg which is no longer in business and I don’t have the OC agreement and can’t find it online, or is it all the same for “synchrony”. I think I’ve just been shoving so much info into my head for the past few hours and am a little confused. My first step would to go to the set court date and ask for MTC arbitration or should I file before hand. Any help with this would be greatly appreciated. 

I am being sued by Portfolio Recovery Associate and have court in 2 weeks. I don't know the process. Can someone help me get ready for court. This is with a justice of the peace.