Like others on this board, a law suit was filed against me however, I have yet to be served. 

I too am using the case number to monitor the case, however, I learned today (9/17/19) that on 9/10/19, a Proof of Service was filed an in it the server testified that he saw me, spoke to me and that I verified my identify by verbally responding that it was me when he asked me my name. He has a date and time stamp of when he supposedly served me, however this is completely false. 

I have my google maps that show I was not at home at the time he claims he served me - in fact, I was driving. 

I don't have funds to pay or even offer a settlement so I am treading carefully. My hearing seems to be dated for 2020 - is that right??? In any case, can the case be dismissed based on false proof of service?

Thank you in advance.

A few months ago, I received a debt collection letter from Midland Funding.  I found a validation letter on another site and sent it to Midland.  All they sent me was a copy of the original creditor’s charge off statement.  

I have been doing more research and from what I have found on this and other sites, the letter I sent requested things that were not required for Midland to send me.  

Does anyone have any opinions about this article?   I know the letter is wrong   What do you think about the rest of the advice?

 https://toughnickel.com/personal-finance/You-Can-Beat-Credit-Card-Debt-Collectors?utm_source=maven-coalition&utm_medium=hubpages&utm_campaign=liftigniter&utm_content=hp-related

I am in a position now where I can comfortably work on my credit repair and have been for almost a year.   The last items on my list are the 3 collections on my CR.
I can manage full payment of 2 accounts now, but would like to approach this in the most efficient manner if I can reduce the payment and MOST importantly remove them from my credit reports but I am unsure if I should be contacting all 3 agencies now or focus my efforts on 1 at a time. 

• DIVERSIFIED CONSULTNTS (not original collector) -  For Sprint cell contract  $687  9-10 years since contract.  Report date Dec 17, 2018
• MEADE & ASSOC (original collector) - For medical treatment $660  5-6 years since treatment.  Report date Jun 10, 2014
• RECOVERY ONE LLC (not sure if original collector) - For Music Store  $654  approx. 8-9 years since contract.  Report date Dec 09, 2014

I used to receive voice mails up until about 2-3 years ago about these debts but was paranoid and never called or verified any information with the collectors.  Now I never hear from a collector.

With what information I have provided can anyone offer advice on what order I should do this, and what steps make sense for each of these accounts?   I assume that some are easier to work with than others.

Thanks in advance for your helpful comments.

Hello all, I’m just another poor soul (literally) who got caught in the claws of the Portfolio Recovery junk debt buyers. Now I filed my general denial with the court and now I need to send my POS-030. There is a section for me to write down the plaintiffs name and address but my court documents only show the address of the lawyers and law office representing the plaintiff. Is this where I should mail my documents or should I research portfolios address instead? I’m going to have my dad send this out for me since It appears I can’t do it myself. Thank you for your help! 

I have (had) and account with Prosper.  Early this year, I stopped paying (I think it was March), but alerted them that I had fallen on financial difficulty.  I offered to pay less and even wanted to negotiate to try to pay them off.  They said they have no programs for this and advised me to stop paying and let my account go into collections.  I received an email that my debt was sold to Velocity Investments, LLC.  After doing research, I see that this Company will likely sue me for the balance.  When I stopped paying it was around $14,500.  

I have not received any communication yet from Velocity, but I want to get out ahead of this.  When their first letter comes, I will send a DV letter, mainly to buy time.  I do owe the debt to Prosper and I do want to pay, but I'd like to negotiate.  What do you recommend?  I have seen other threads where arbitration with JAMS is recommended.  Can you give me some direction as to how I facilitate that?  Also, what are these JAMS proceedings like provided it gets to that?

Hello dear friends.

I am another one that has been caught in the  claws of portfolio recovery for the amount of $3164.43. Complaints are "Account Stated" and "Open Book Account". The lawsuit contained Exhibits A and B which were a statement showing the last payment made (which was returned by the bank) and also a final statement showing that the account charged off. This is being done within the legal time frame. So far I have submitted a general denial with an Assertive defense of "Lack of Standing Because No Debtor/Creditor Relationship" to the court which has been stamped and I have made copies of each and sent the documents off to Hunt & Henriques in California (the lawyers for portfolio) along with A BOP with respect to the "Open Book Account" claim. Phew. I'm burnt out and I am awaiting my letter containing a trial date. My question is, what are my odds of being successful? Should I have just hired a lawyer? is it too late now? Does anyone have a reputable lawyer in California that wont gouge me? You're all I have right now!

Ideally I'm looking to settle, but in order to get the settlement in a ballpark that I feel comfortable the agency said I must provide 2 years of tax returns, 2 pay stubs, and a hardship letter. I've settled other accounts and never dealt with this. This collection agency is a "law firm" and was outsourced by the original creditor (who still owns the debt).

I feel very skeptical about giving them this information as they could use that against me in court (if we ultimately don't settle). Granted I can elect JAMS, but I don't think this info is relevant to them.

What would you recommend? 

At this point I'm thinking of just waiting it out with my current offer (25-30%) and see if they end up biting without the additional information. If they decide to sue, then elect arb. But should I take the chance of a settlement by sending them those docs?

1. Who is the named plaintiff in the suit? Current Owner: LVNV Funding LLC    Previous Creditor: Webbank 

2. What is the name of the law firm handling the suit?  Guglielmo & Associates 

3. How much are you being sued for?  3500

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

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) family member was served 

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?  N/A

9. What state and county do you live in?  Maricopa County, AZ 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  in 2017

11. When did you open the account (looking to establish what card agreement may be applicable)?  06/2016

12. What is the SOL on the debt? To find out:  7 years

13. What is the status of your case? Suit served? Motions filed?  Court Date of Nov 2019. Motions to compel arbitration has been initiated 

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.  Just a loan agreement and promissory note and a letter that states that Avant sold my loan to Sherman Originators III LLC c/o Resurgent Capital Services LP

Hey Guys ! I would really love your help. I have been doing some research on this site for some time but all of this is becoming too much and I'm just hoping for some guidance. I have already initiated an arbitration to compel but the Plaintiff response is that I can not compel arbitration because the loan agreement and promissory note is with the original collector. They are requesting for the judge to deny my motion to compel arbitration and stay the matter for 30 days to allow defendant to initiate arbitration. Also, the sent me a letter telling me that arbitration will be too costly and they are willing to settle for around $800. They have also requested for a telephonic appearance for the pretrial... idk if I should comply with this request or fight for a physical appearance. I received the Motion to stay the matter on 09/19 and the telephonic appearance on 09/11 (which I really do not know how to object to). I need to respond ASAP!

I would really appreciate some help. Especially from those in AZ ! I would especially love the assistance of @shellieh98 or anyone who has dealt with LVNV and/or Guglielmo . Thanks !

Hello, I was served these papers today. I do not make enough money to pay this amount, what sucks is my mom actually used this amount to buy groceries once and I really don't even know what else. She is in a worst situation than I am financially and I could never just blame my mom. What options do I have here? I was served today 09/23/19, so from what I have read, I have 14 days to answer them so by October 7th, right?  Please help

It’s been two or three years since I’ve last made a payment to Chase bank for the two cards I had with them. Each card (after fees and other random add-ons) tacked up to about $4,000 each. $8,000 total. 
 

I’ve heard that Chase bank has been very soft in their collection efforts for quite some time. As in, they haven’t sued anyone for old credit card debt in years. 
 

I’ve received letters from Nationwide Credit, Inc. over the last few months. In each letter I’ve received better and more tempting options for settlement. Today I received an offer to settle one card for $350 and another for $350. That’s a $700 settlement for what they’re saying is an $8,000 debt. 
 

I’ve dealt with Calvary and Gurstel before and a few other places as well. However, I’ve never been offered close to something like this from anyone. 
 

Any insights as to why this could be? Does anyone here believe that Chase will become more aggressive in their collection process (suing) soon?

Thanks!

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.

Hello everyone,

I am from Texas.

I will ask my questions first and give you specifics further on.

Is it unlawful for PRA to sue me over the same alleged debt over and over again even if they don't have all documentation and have no real intent to win?  Isn't this act alone a violation of the FCDPA?  Does PRA suppose to delete the tradeline of the alleged debt from all credit reporting agencies (CRA) after they loose each suite, but they don't?  What is my recourse if any?

Specifics....

Lawsuite #1 brought by PRA.

1. Plaintiff's (PRA) representatives, Rausch Sturm.

2. Alleged debt $3,400+ from CitiBank card.

3. Venue and service was correct.

4. My answer was sent timely and proper.

5. Sent amendments to my answer properly

6. I sent a Motion for Pretrial Conference (MFPC) and was granted.  Date set for conference.

7. I show up for conference, PRA is a no show

8. Trial date set.

9. PRA sends Motion for Continuance (MFC) and is granted.

10. Trial date set again. 

11.  I show up for trial, PRA is a no show

12.  JP is perturbed at PRA because he just received a 2nd MFC from them 2 days before trial date.

13.  He denies their MFC and rules in my favor, Dismissed for Want of Prosecution. 

14. I won

Lawsuite #2 brought by PRA

1. PRA's representatives are Rausch Sturm

2. Alleged debt $3,400+ from CitiBank card, same debt as before.

3. Venue and service was correct

4.  My answer was timely and proper

5. Trial date set.

6. PRA submits a MFC and was granted (sounds familiar)

7. Trial date reset

8. I show up for trial, a local representative that was hired that morning by PRA and she shows up, out of breath and obviously unprepared.

9. I questioned her credentials and if she was a lawful representative for the plaintiff.   The JP verified her credentials.

10. She called me out of court to discuss if I wanted to admit to the debt, etc.  I said no.  She said she had proof of the debt in her briefcase.  I told her that this "proof" was a surprise, I object to it, and it better be accompanied by proper Chain of Custody and affidavits from each record keeper involved.

11.  She got up directly and walked back into court, with a scowl on her face.

12. She immediately told the JP that she had no doubt I owed the debt, but due to her client lacking proper documentation and proof that they move for a Non-Suite at this time.  So by her own motion her "lack of doubts" became completely irrelevant. 

13. I won again

14.  When I get home, I received a copy of a 2nd MFC that evidently was filed too late by PRA.

I am a practical person.  If someone, especially a large law firm, were to sue someone they would be prepared and have every little bit of proof and documentation at the ready.  Rausch and Sturm and PRA are unprofessional, abusive with no intention of showing proof and documentation for their suite, and just plain buffoons.  I don't think their cornbread ain't done in the middle.  Even though they loose cases they will still keep their tradelines on your credit reports even if a judge rules against them or they choose not to prosecute (non-suite).  I am sure they will do this again.

Thank you and God bless from Texas.

I've gotten about 2 calls from an area code that is associated with my county  (they even somehow got my dad's cell phone number and called him as well, not sure how that is even possible) in the past week from some Anthony Telesco at CRS & Associates. The first message (June 2) he left me was informing me that some files were placed in his office regarding some failed bank transaction(s) and it had my name, date of birth, and social security on it or whatever, urged me or my attorney to call him back at said 844-249-2890 number and he pretty much hung up.  He called again today and left another message and this is the voicemail word for word:

Second service of notification for the respondent XXXXXXXXX, this is Anthony Telesco calling again from the offices of CRS & Associates in regards to case number XXXXXX. We have been attempting to reach out to you and due to your negligence in responding, we are required to review this matter further, I just wanted to make sure you have all the necessary information before we do so. Verification of your employment has been determined at XXXXXXXXX. We do need a call back either from yourself or your attorney today, it is Tuesday the 6th 844-249-2890, my direct extension is 371.

Facts:
- I am unemployed, I have no place of employment.
- The place of employment he mentioned.. is an old username I use to use to make some kind of income (streaming)
- Have not received anything in the mail about.. well.. anything.
- He never mentioned any kind of attempt to collect a debt. (has whatever this is gone past that stage?)

I've called the 844 number that he mentioned in the voicemail and it brings me to some answering machine that says no one could pick up the call and to visit their website at clearviewresolutionservices.com (I thought CRS & Associates was trying to contact me?), you'd think it would be an automated type of deal where I could use Mr. Telesco's extension so I could leave a message but it does not. I also called the number that he called me directly from and that number is associated with some Legal Services Claims department (no company name, just.. Legal Service Claims Department) and  the machine asks me to leave my name, number, and whatever other important information.

Of course, I'm not 100% sure what this claim is about and I really don't want to call. I got a phone call a few months ago from some lady (you could tell it was a recording) telling me someone was going to stop by for my signature and gave me some claim number on something that was filed against me and yada yada and I completely ignored it (no one came to my house either). I can't find any information on CRS & Associates, the 844 number, the number Mr. Telesco used to call me, there's just no information on anything. Has anyone else experienced something like this? My parents are old and they're flipping the freak out on me and I had to tell them that it's probably just a scam..

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

Hello, I have the following letter posted below from these guys. Obviously never had a letter like this sent so no idea what to do but I also don't just have $1,400 laying around at this current moment. So basically I'm wondering what to do and what not to do here? Also, any info needed please let me know.

Debt is from Capital 1 Credit Card. Only like 2 or so years old. And I am in Ohio as you can see from the pics of the letter below.

https://imgur.com/a/PQg9GsP

Hello all,

this is my first post but I have been reading through the site for a few months trying to find similar cases to help me. But it is all getting a little confusing. I think my case differs from most I have read here because of the amount of my bad debt. It is $10,000 owed to Lending Club, that has been sold to Velocity Investments (I live in South Carolina). So any hopes of arbitration scaring them off due to cost probably doesn't apply to my case because they can still profit off of me. I tried to work with Lending Club in 2016 but was told they could no longer accept my payments and I really don't want to pay a JDB that bought my debt for pennies on the dollar. I wouldn't hesitate to work with Lending Club.

I received a Summons filed by Velocity Investments representing law firm, Clarkson and Hale, delivered by a Sheriff's Deputy. It was the usual respond in 30 days or we will seek a default judgement against you. That was in June and after reading here I responded with a Debt Validation letter, which I also gave a copy of to the Clerk of Court.

The law firm has now responded with Plantiff's First Set of Interrogatories to Defendent, Plantiff's First Requests for Production to Defendent, Plantiff's First Requests for Admissions to Defendent, and Certificates of Mailing. I now have a copy of my contract with Lending Club and have 30 days to respond.

I'm not sure what I need to do next, I have been reading here and I'm still unsure. I think they send all of these forms with legal terminology to intimidate. Do I respond to them with a request for arbitration and file with AAA or Jams for arbitration? I am sure they will accept arbitration in my case due to the amount, should I just try to settle with them and save myself the hassle?

I am getting close to the 30 day response time, I did find a consumer advocacy lawyer on this website they I am going to give a call tomorrow to see if he can review my case. At this point, would it be devastating for me if I go past the 30 days?

Thanks guys for any help.

FredG.

Hi all,

So I was sued in May of 2018 last year by Capital One for $3,201.28.  I hired a lawyer (it was before I found this site).  In October of 2018, the Cap One's lawyers (Rausch Strum) Filed a motion to request a hearing for summary judgment, but never actually filed a motion for summary judgement. I had asked my lawyer if we could move for dismissal for want of prosecution since it's been nearly a year since anything was done on this case but he informed me that since and answer and a petition had been filed we can't.  He also said if they are asking for summary judgement then they have all the evidence they need to win the case.  Since it's the OC suing me, I  don't doubt it.  He asked if I wanted to present a settlement offer.

Since this is the OC, and I would like to get this dealt with, I am going to settle.  My question is, what should I ask for?  I was thinking 30-40%.  Also, what would be the odds Capital One would be willing to delete this trade line?  It's one of only three baddies on my credit right now.  Or any other suggestions on what to ask for so this reflects on my credit in the most positive way possible. 

Thanks. 

My wife was issued a letter notifying her that she was being sued by Portfolio Recovery Associates, She went to the JP  to file her general denial and to file a "Motion to Compel Arbitrator". She sent a copy to the Lawyers representing PPA of her answer. She got her notice of a hearing for November 4th. What is the next step? What do I need to research and look for? Also. She signed up with Lexington Law about 2 or 3 yrs ago to help her with her debt.

i have only been reading this message board for a couple days looking for a situation close to mine. ive been unsuccessful so i decided to post a direct message. so back in 2011 my husband and i filed bankruptcy together. all was discharged including 2 homes. i began working again and was able to start re establishing credit and was doing great until 2014 when a brain bleed caused a stroke, coma life support ect...lucky to be alive and needed to recover. the first couple years after the stroke were ok however im still unable to drive, memory issues but i had CC to make up for me not being employed but as timr went on i guess it really hit me that i wasnt going to be able to work again, i messed up financially again and there was really no way out so i basically threw my hand up and gave up. i was drowning. i am drowning. monitoring my phone calls ive doged them all. then last friday a call from a private number i answered thinking it was my mother in law and i was stuck. she called out my first name and i said yes (thinking it was my mother in law) she started in with her script and begged me not to hang up. so i stood there. listened and basically reaffirmed my debt. shes asking me to set up a payment plan. and i said ill see what i can do since i dont have a job and my husband is the only one working. thats where im at. this was midland credit management by the way and what ive read on the internet basically they often go back on their word with the arrangements so im glad that i didnt give her any info. this is my questions...can they go after my husband for the debt? like can they put a lein on his bank account if my name is on it too? if i just decided to file BR without my husband does that mean we could lose the house? (my name is NOT on the house) i really dont know what to do. i really cant afford to pay it. but it seems like when she called then i got another call from another one (collector). i just cant believe im in this situation again. the debt is close to 8k so im sure they will try sueing next. shes calling back on monday after ive talked it over with my husband in regards to giving up my account info. and we have decided not to give it up until i receive the arrangement in writing (which she said they dont do unless there is a payment arrangement with linked account on file) i do have a brain injury which can cause me to be impulsive and vulnerable. so i really want to be prepared. thank you for reading.

Here is my situation:

My name and my wife's name are on the title to our house.

The Bank mortgage is in my name ONLY, but of course she had to initial/sign all the finance paperwork also because her name is on the title.

She has about $20,000 in credit card debts with the SAME bank.  The credit cards are all in her name and I am not a signer on the cards.

Her only income is social security disability.  If she defaults on all the credit card debt I know they can ruin her credit score but cannot actually collect money from her.  However, since my mortgage is with the same bank, can the Bank make ME responsible for her debt and cause the mortgage to default also even though she is not the responsible party for the Mortgage and I always pay the mortgage on time?