tag:blogger.com,1999:blog-30937069.post4079942161880556515..comments2023-10-05T09:36:42.914-05:00Comments on Secrets Of A Debt Collection Lawyer: How To Beat An Old Credit Card Debt: Part ThreeBlogger Attorneyhttp://www.blogger.com/profile/00303496900815421075noreply@blogger.comBlogger70125tag:blogger.com,1999:blog-30937069.post-45006582149757039802015-09-09T08:08:00.415-05:002015-09-09T08:08:00.415-05:00hello my email is hoekapika007@gmail.com today I r...hello my email is hoekapika007@gmail.com today I received a call telling me I am being sued by visa classic on a credit debt from 2012 600 limit 200 altogether with interest and fees the thing is I have never herd of this account not on my credit report o mail from it and my first card I have ever opened was in may 2014 this is not my card but the person I spoke with had my name birthday social address he said he will send the summons by mail any adviceAnonymoushttps://www.blogger.com/profile/04466668975345455086noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-59618176659180116162015-09-09T08:06:01.260-05:002015-09-09T08:06:01.260-05:00hello my email is hoekapika007@gmail.com today I r...hello my email is hoekapika007@gmail.com today I received a call telling me I am being sued by visa classic on a credit debt from 2012 600 limit 200 altogether with interest and fees the thing is I have never herd of this account not on my credit report o mail from it and my first card I have ever opened was in may 2014 this is not my card but the person I spoke with had my name birthday social address he said he will send the summons by mail any adviceAnonymoushttps://www.blogger.com/profile/04466668975345455086noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-56819562515333680242015-05-01T11:49:51.555-05:002015-05-01T11:49:51.555-05:00I am being sued by Discover card after a lump sum ...I am being sued by Discover card after a lump sum settlement because my husband became disabled. Now I am confused as to why we are being sued. Can anyone help me with this? I have assets and I am afraid they will attach to them. <br />I am angry I have to take off work to deal with this. I only make $8.00 an hour on my job. HELP!!!!Anonymoushttps://www.blogger.com/profile/14193204943414867455noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-16729736644290095242015-05-01T11:45:33.961-05:002015-05-01T11:45:33.961-05:00I am being sued by Discover card after I made a lu...I am being sued by Discover card after I made a lump sum settlement after my husband became disabled. We gave assets and I'm afraid they are going to attach to them. Does anyone know how I can deal with this?Anonymoushttps://www.blogger.com/profile/14193204943414867455noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-28490943100465457722012-06-26T17:39:58.633-05:002012-06-26T17:39:58.633-05:00Hello,
Great and appreciated blog. I have a quest...Hello,<br /><br />Great and appreciated blog. I have a question, maybe you can answer. This is concerning a JDB's attorney filing a small claim against me for old credit card debt. I received the summons and in NH you only need to send back a portion of the summons indicating you want a hearing. You may also request a jury trial if the amount is over, I think, $1500. I indicated a hearing, no jury trial. After that, the attorney sent me a Request for Admissions. That needs to be filed within 30 days. Right now, the hearing is scheduled for July 5th and the R for A was dated June 5th. I haven't yet responded. The last four digits on the ccount on the R for A are not from an account I have ever held. I've held accounts from the original creditor they mention, as well as the last payment date they state of (May 11, 2009) is correct for the other account but not the one they list on this R for A. It's not my account. Unfortunately, I ignored all the correspondence from the debt buyer(s) who've sent notices and invoices because we had to stop paying on all of our credit cards in 2009 when the SHTF financially for us, just to pay the mortgage and other life necessities. After a period of time, the original credit card balances were bought and sold and bought and sold, and I couldn't keep track. Never responded to any JDB or collection agency.<br /><br />Should I respond with a Sworn Denial, as well as a request for validation or affirmative defenses? If I file something the plaintiff needs to answer and the hearing is scheduled for a week from this Thursday, what happens? <br /><br />my email is auto47297643@hushmail.com <br /><br />Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-69935335929497789852012-03-23T09:02:36.550-05:002012-03-23T09:02:36.550-05:00I am being sued by Capital One Bank (USA) , NA for...I am being sued by Capital One Bank (USA) , NA for a total amount of 4,685.53. I was not sent a court date however, I was sent paperwork via regular mail from the Clerk of Courts. Evidently, they tried to send a certified letter, (never brought it to our door as the day we should have received it we were home and the mailman just stuck a "pick up at post office" slip in our mailbox...when I went to get it from the post office at my earliest convenience, they had already sent it back to the courts). The paperwork they sent states that I applied for the credit card account, that I am bound by the agreement, that I defaulted under the agreement, and the principal amount due is 4685,53, and that demand was made to liquidate the balance due and I have failed to do so. They then attached a copy of an agreement from Capital One to the paperwork along with one statment from Capital One with a completely different amount on it. The amount on the statement is 6876.82. (I'm guessing this includes the interest from when I stopped paying). My last payment to them was 12/2008. On my credit report it says account closed, sold and transferred. There is another company on my credit report saying factoring company. It says on the bottom of the initial letter "If you have a defense to the complaint, you must file your answer by 3/23/2012." I have no idea what this really means or what I should do. Do I have the right to request for Production of Documents, even if they sent me a copy of the Credit Card agreement from 2005? If this is truly the factoring company going after me, do I have to deal with them at all or can I go back to Capital One to try to resolve this? I don't have the money to pay the amount. I'm strapped as it is. Any info would be greatly appreciated!!Jodinoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-11281804271380393742012-03-13T11:32:07.557-05:002012-03-13T11:32:07.557-05:00I just got served by registered mail for a debt of...I just got served by registered mail for a debt of a credit card that i was sued for 2 years ago of 21,000 in Texas for a deposition. This new company has bought the debt and me to show up next month with documents. I called a lawyer and he said to attend or I would possibly be arrested, I tried to by the old company monthly but they wouldn't accept something that I could afford. will I be arrested if I don't go?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-44108201635675365842012-01-23T17:35:17.606-06:002012-01-23T17:35:17.606-06:00thanks for advice
http://sax-jax.comthanks for advice<br /> http://sax-jax.comErectile Dysfunction Treatmentshttps://www.blogger.com/profile/18336830982454992620noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-39758855589347110742011-12-18T14:39:03.234-06:002011-12-18T14:39:03.234-06:00I was sued for an unpaid credit card bill by Capit...I was sued for an unpaid credit card bill by Capital One a year ago for $2,500. The courts decided I could make payments of $10.00 a month to capital one to take care of the debt since I did not have much income. A few months later, I received a judgement that Capital One put a lien on my home for the $2,500. because I had forgot to start sending the $10.00 payment in to them. How can I ask to have this judgement/lien against my home removed? I don't have the money to pay for an attorney or the $2,500. Please email me advice on what options I have now....tjmsalias@hotmail.comAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-42141668962865817842011-08-31T11:54:24.804-05:002011-08-31T11:54:24.804-05:00My wife had our bank account levied for an old cre...My wife had our bank account levied for an old credit card debt. She's on unemployment which is except from Levies, but because it isn't direct deposit the bank had no way of knowing, and took the money our of our account, but the problem is that there wasn't enough money to cover the levy, but they gave it to them anyway. So we filed a claim of exception with the filing dept in this case the Sheriff's Dept. The Sheriff's dept told us that the creditor had 21 days to respond, and they did. Here's the real kicker. A court date was set to hear the case, but we never rec'd any information about the court date. I assume that all court dates must have a summons, and we did not receive a summons. We moved 3 days after the notice of the hearing was sent out, but it was local so we should have rec'd before we moved, and also it was not forwarded, and therefore we missed the court date. Now they have our money which they shouldn't have, and the bank wants to close our account because it's overdrawn. We really don't know what to do at this point, and I am researching to find out what our options are. Any advice?Jeffhttps://www.blogger.com/profile/16069322289677973709noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-63000398716817310552011-08-15T18:06:41.226-05:002011-08-15T18:06:41.226-05:00I live in TX. Just received a letter from Capital ...I live in TX. Just received a letter from Capital one on 08/16/2011 stating they have filed a judgement against me in small claims court. I am in school full time and my husband and I scrape by on his paycheck with 2 kids (17&14) The last contact I had with them was on 06/24/2011 and the person I spoke with told me to "get a student loan to pay off this debt, otherwise we're taking you to court." Is this legal?? I told him that a student loan was only for school purposes and NOT for old debt from 11/06. Yes, it's VERY old debt! We lost a trucking company and cannot afford to file bankruptcy b/c we would need to file as business and personal debt. Double whammy there! What do I do?? <br /><br />Td2harr@aol.comAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-91909703347932444602010-11-23T18:50:55.356-06:002010-11-23T18:50:55.356-06:00This blog is informative and much appreciated!
I&...This blog is informative and much appreciated!<br /><br />I've been notified (letter dated 11/5/10) that Citibank (originator) has filed suit against me for alleged CC debt. Of course it was not actually recieved until at least a week or so after the date on the letter. It claims I have 35 days to write an answer or file a motion. True? And I must pay a filing fee of $135.00? True? The letter also claims that if no motion is flied within that time, the Sheriff may seize my money, wages, property, etc. to pay for all or part of the judgement. Well, I've basically been out of work for about 4 years and there's not much left from what was posessed before. Prior to this, my credit was was in the high 700's. The balance that they claim is quite high. What actions might you suggest? Should bankruptcy be a consideration? It states that the case has been assigned to "track 1", discovery is 150 days and runs from the first answer, or 90 days from the first service. Might "track 1" be inappropriate?<br /> Thank you for reading.<br /><br />-leadoffmanincf@yahoo.comAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-18438010376329984492010-10-25T17:46:20.763-05:002010-10-25T17:46:20.763-05:00first thing is answer the summons, when you go to ...first thing is answer the summons, when you go to court make the junk debt buyer prove they own the debt, deny ts your debt the burden of proof is on them, and guess what they can never come up with the proof.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-85624785337209171262010-09-19T05:31:59.255-05:002010-09-19T05:31:59.255-05:00Great site !
Here's MY question. I am still g...Great site !<br /><br />Here's MY question. I am still getting letters from Cavalry Collection Agency on a Union Oil Credit Card that I had in 2001. I had become homeless and all my financial records were lost.<br /><br />I've written them and told them that this debt is too old, but the original balance was only $ 90, yet they keep adding interest and it's now over $250. They won't reply to my letters, so what can I do ?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-42337641519634818192010-08-16T20:04:58.436-05:002010-08-16T20:04:58.436-05:00I recieved a phone call today from Capital One say...I recieved a phone call today from Capital One saying they are going to take me to court over a pass CC debt. I lost my job and had to stop payments, I tried to set up a payment today, but they want over 600 dollars to just start me on a payment plan. I have been reading other post and they say except the papers and go to court. I am being sued over a 968.00 debt, and they are saying there going to sue for me for over 5000.00. Please give me any advice you can on how to handle this. I am in TX <br /><br />Thanks<br /><br />tish875@aol.comAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-88340346934189636672010-07-17T20:04:53.602-05:002010-07-17T20:04:53.602-05:00I live in the state of Ohio. I had a credit card w...I live in the state of Ohio. I had a credit card w/ Cap One that was charged off in 2005. I owed around $500 at that time. Recently friends and family members starting getting phone calls from someone identifying themselves as the Sheriff dept and saying that I have a warrant for my arrest and/or they are trying to serve me w/ a summons and need to locate me. I called the sheriff's dept and they told me I do not have a warrant. I called the clerk of courts and they told me I do not have a warrant, summons, charges etc.. accornding to their ssn# search. I then called the phn# that was left and was advised it is City Investment Services and they are collecting for cap one. They told me I am being sued for $5.256.04. When I asked what sheriff's dept was trying to serve me I was told that they hadn't actually filed the paperwork yet. They have my current address and phone # so why would they call all these other people and lie to them? They told me they would put a "stay" on the paperwork until Monday so I can try to come up with $2,756.04 to settle the debt. I explained to her that I am unemployed, have no income, no bank account and no assets. She said they will put a 10 year judgement against me to collect? I tried checking to see what the SOL in Ohio is and got conflicting info. I read that statute 2305.09 gives the SOL for open accts as 4 years. Some people said cc's in ohio are considered written contracts not open accts, which has an SOL of 15 years. Then I found a statute of 1335.02 that seems to exclude cc's as written contracts....I'm not sure what is right or how to proceed. Also, I am legally married but my spouse and I have been seperated for 9 years and I don't even know where he is. She told me that if I don't have income they will garnish his wages for the debt. Is this right? Thanks for your help.<br /><br />lollipop.bags@yahoo.comAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-17158058799021549822010-07-01T17:54:19.722-05:002010-07-01T17:54:19.722-05:00I am from Ohio and got served with a summons in ma...I am from Ohio and got served with a summons in may from an attorney representing harvest credit management for a debt through Bank of America. The last activity on the account was in the summer of 2007. I am working with a debt settlement company, and this is the last debt I have to settle. At this point in time, I do not have enough money saved up for the debt settlement company to contact the attorneys office. I wrote an answer denying the allegations based on their lack of sufficient evidence as well as listing affirmative defenses. They had a "last statement" but it did not have a full account number, and it stated the debt was from Sallie Mae, which was never (to my knowledge) an owner of the debt. I have since received the law offices interrogatories, request for admission, and request for production of documents. I am not sure how to respond to these questions to not get the case thrown out. I already have one company garnishing my wages because I did not answer a previous summons correctly. I cannot afford an attorney to consult about this matter. Also, they still have yet to prove they have the correct documentation that allows them to sue me and collect on this debt. They only have the last 4 digits of said account number listed on any paper they have given me. In my opinion unless they have legitimate proof that this is indeed my account, they should not win.<br />If you could please write me back , I would very much appreciate your assistance. Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-44871450570339724152010-06-30T21:01:59.733-05:002010-06-30T21:01:59.733-05:00I just got served with a summons from a debt colle...I just got served with a summons from a debt collector. In the summons it says plaintiff is legal entity and that the original account was with a banking institution. That Citibank is the Bank who issued the account with account number. I used cc and failed to make payments. account was transferred to the plaintiff and acquired all rights of the Bank and the amount as of June 21 that is due with no interest ect pursuant to Neb law. Plaintiff pays judgement in the amount plushighest rate allowed by law.<br />Can i send them a document that assumes assignment or transfer, for them...and ask them for the actual contract of assignment, a copy of the original creditors las t billing statement , thte subgect defaulted contract supported by affidavit based on first hand knwoledge of the original creditor..Would that be my first option...I can't pay a lawyer and have moved from Las Vegas back to my small town in Nebraska..I have nothing and work to just make ends meet..I owe all credit cards and probably owe 18 thousand..should i just file bancruptcy or fight all of these by making them produce the original signed contract....Unknownhttps://www.blogger.com/profile/17923617163411372863noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-54296958317764226342010-05-11T15:00:58.567-05:002010-05-11T15:00:58.567-05:00I was issued a summons by a debt collection law fi...I was issued a summons by a debt collection law firm representing a collections agency that had bought an old debt of mine. On the advise of a friend I sent them a debt validation letter but have not received a response and the 30 days is past. What I did receive from the lawyer was a testimony packet to fill out and send back. Should I fill this out or should I wait for the court hearing? I owe the original debt, that I'm not debating, but I tried previously to work out a payment option with the company and they refused. My husband was unemployed for 6 months and we could not afford to pay the amount in one lump sum. I'm pretty sure they bought the debt for less than was owed and I'd be more than willing to pay them that amount but they will not send me any validation that they even own the debt or how much they owe. What should I do?<br />Many thanks kt.eppich@sbcglobal.netKTnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-73085316455120691222010-05-06T23:58:30.390-05:002010-05-06T23:58:30.390-05:00i issued checks to muckleshoot casino and unfortun...i issued checks to muckleshoot casino and unfortunately i was not able to fund them..now the collection agency is pressuring me to pay it in two months amounting to 1,625.00usd but i have no means to do that except ask for a longer term on a monthly basis payment.but they dont want to agree with that.Instead, they demand a debit card so that they can have a secured payment and ask me to borrow money from family or friends..this particular agency hasn't sent any letter yet. they just called me because it was passed to them from a different collection agency...the original creditor is global cash..the first agency was xpress checking but they dont have my case anymore with them that'ts according to this second agency named Audit System..the Audit system never sent me any letter...how can i deal with this..i need more time and longer term but they're not open to it..Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-24132321980476881672010-04-27T19:18:09.449-05:002010-04-27T19:18:09.449-05:00My husband received a suite has been filed agsinst...My husband received a suite has been filed agsinst him from GE Money/Lowes in the amount of $6,135He would like to respond. How do we do that? Are there official forms? We are working with a Debt Counseling Firm but they said we would need to respond to the court and to the plantiff then they would take it from there. Need you help. consue62@windstream.netAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-56589101404961560822010-03-13T11:29:05.453-06:002010-03-13T11:29:05.453-06:00I was recently received a summons to appear in cou...I was recently received a summons to appear in court for an old account we had with Chase Bank. We were in financial difficulty back in 2006. We used the card to pay for basic things like food, utilities and even our mortgage. Once the interest rate reached 24% we could not make the payment. We tried to work things out with the bank but to no avail. The account was sent to a 3rd party whom we tried to work with but no success either. The plan they wanted us on would not work with our budget. In 2008 we heard from an law firm representing the latest party who now owns the debt. We have contacted them and informed them of our situation. They offered us 3 payment plans that we can't afford. Plus the total amount the payments are based on is more than what we charged to the account. The amount we charged was $6500. Their letter states we owe $8007 and the payment plan they offer is based on over $9000. What can we do prior to appearing in court?pamela castillohttps://www.blogger.com/profile/03260463516641582736noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-55617233975108161452009-12-09T12:50:00.458-06:002009-12-09T12:50:00.458-06:00I just received a notice from the Magistrate's...I just received a notice from the Magistrate's Court that a law firm in Atlanta was representing Capital One in a case against me. They attached a copy of an billing statement from 10/2006 and a copy of the fine print about the account. The problem is I have never had a Cap One card and this is the first that I have heard of it. Do they need to provide me with some sort of proof that this is my debt, (which i will gladly pay if it is) such a copy of something with my signature on it? <br />I have 30 days to respond.Bill Bennetthttps://www.blogger.com/profile/03282717132213871231noreply@blogger.comtag:blogger.com,1999:blog-30937069.post-735272689372021872009-10-22T21:00:12.045-05:002009-10-22T21:00:12.045-05:00There was a paper left on my door from a law offic...There was a paper left on my door from a law office acting on behvave of Capitol One. I believe process server left it. However where I live they have to give the notice in person to someone at the residence over the age of 18 I was told by a lawyer. However here is my question. I had a had a firend of mine that is a lawyer draft up a letter asking for proof that owe these funds because the pappers they left were dated from July and it gave no info. stating I have a court date. Also when I called the law office only a recording comes on no matter what time of day I call. I have not heard back from the law office since the letter was sent more than 30 days ago. My question is if they provide me with the proof that this is my debit would that be done via mail or would they have a server do that as well? ALso by law do they have to proove that this is my debit? Plese post the answer on this site.<br /><br />Thank you<br />KAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-30937069.post-33680187720759480562009-09-08T21:52:07.510-05:002009-09-08T21:52:07.510-05:00I am being sued by CACV of Colorado. My trial date...I am being sued by CACV of Colorado. My trial date is next month. My date of last activity was 6/03. I was served in 4/09. But they FILED in 9/06. All the computer generated printouts attached to the summons have dates from 6/01. And I have papers from lawyers on behalf of CACV over 5 years with varying amounts. What's my best option? I thought it was outside the SOL, but they filed in 2006. Can they really wait THREE YEARS to serve me? What gives with this?bichishyguy@gmail.comnoreply@blogger.com