Help! Cavalry SPV I, LCC is suing a broke college student!
Please help me, I have no clue how to respond! Cavalry SPV I, LLC is suing me for $3,369.87. My debt was bought from Citibank on 8/12/17. I'm not sure if it's verified. The evidence against me is a basic sale of account document (exhibit 1) and and old statement with a lesser balance of $2,671.00 (exhibit 2). I have never even spoken to anyone from this company! I'm a broke college student who has recently been laid off and can't afford this. I would highly appreciate any advice on how to move forward.
Being sued by portfolio recovey. Im in California. The only thing they have attached for evidence is statements from the credit card company dating back to Jan. 2016. Are there any examples of how to answer the suit?
Received summons, but judgement proof and likely to be filing BK.
Greetings, I received a summons from AMEX Legal including two plaintiffs. One (FSB) is claiming an amount of $11,000 owed, and the other (Centurion) is claiming $5,000 owed. I also owe two other creditors similar amounts. I'm unemployed. I have no attachable income or own any assets such as a home or land. My car is worth $1200 according to KBB and I don't own more than $4000 in other personal property (I believe, that's the amount FL Debtors' rights allow you to exempt.) In short I believe myself to be "Judgement Proof". I understand that this does not excuse my debt. I can still get a judgment ruled against me and that this ruling can be effective for as long as 20 years. For this reason, and the fact that I want to be employed again in the future, I'm most likely going to proceed with Chapter 7. I'm posting this in the Collections forum because I need to know how to proceed with the summons from AMEX legal. I considered answering and agreeing to all the statements (I understand it's difficult to fight against original creditors). But would this effectively be the same as not replying at all and receiving a default judgement? To be honest I'd rather save the money on the filing fees and postage. Thanks. Smith.
It seems the debt companies have gotten a little smarter and started laying out their claims better in summons. I received one today for a court date in April, so I have time to try to figure this out. They did attach an Affidavit of Indebtedness and Ownership of Account (see attached). My question is, does the information contained in it fulfill the necessary "bill of sale" requirements? And is there anything else I could do to shut them down? They did not file this lawsuit until I disputed the debt on my credit report, so I'm thinking this is a lawsuit of opportunity.
I am being sued by Midland Funding Group in Orange County, CA. I need to file a response within 30 days. I've read posts that has been very helpful, but I'm a little confused as to how to go about filing a response. The complaint was unverified and I want to go about using the General Denial form. If I use this, do I still have to go through the complaint paragraph by paragraph admitting or denying each allegation? Or is the General Denial form good enough? Once I file, how do I send this off? or if I can't send it off, who do I have send this off for me? Can it be my wife (having the same address)? Am I just sending it to the courts and they send it to the plantiff? How exactly does this work? 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn Law Group, A Professional Corporation 3. How much are you being sued for? $2,471.48 4. Who is the original creditor? Citibank, N.A., an issuer of Sears Premier Card 5. How do you know you are being sued? Received summons and complaint 6. How were you served? (Mail, in person, Notice on door) Handed to my wife 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? Received letters, but did not respond 9. What state and county do you live in? California, Orange County 10. When is the last time you paid on this account? October 8, 2014 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Suit served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? NO 15. How long do you have to respond to the suit? 30 days, but since it was given to my wife instead of me 40 days 16. What evidence did they send with the summons? EXHIBIT A - Account Statement for the month of November 2014 Any kind of response would greatly be appreciated as I have never been through this process before...I just want this to go away.
Recieved a Civil Summons listing Cap One as Plaintif being represented by Gurstel Chargo. This is for a debt listed at around 5k and was filed in Pinal County. First, I do not live in Pinal County nor have I ever. The summons did not come with ANY supporting documentation at all. There is no account number, contract, statements or anything for that matter. They are suing for breach of contract and didnt supply any documentation at all. Any guidance on how to respond to this summons would be greatly appreciated. This just seems very generic to me as if a JDB is actually suing me and not Cap One? I would assume that Cap One would at least provide some documentation with the summons? If it is a JDB I know its a violation by suing me in a county that I have never resided in. PLEASE HELP!
I got served by a JDB, for a debt of an amount under $3,000 and am working on making my response. Thanks in advance for help!
Today I received a summons at 6:40 in the morning (that was a great wake up call). It stated I was being sued by Gurstel Chargo who were representing Razor Capital. They are suing us for a car that was repossessed in 2014. In the documents they showed the original contract, the letter stating it was going up for sale (no exact date or time just sometime after July 21) and that if j wanted to stop repossession I would have to call them to find out the amount of money. I had never received notice of any belongings I had or how to get them etc. fast forward apparently the car was sold late August and supposedly they sent me a deficiency letter 10 months later ( I never received it but it was attached in the court documents). The debt was sold at least 3 times according to the bills of sales attached to the lawsuit. This is a new situation for me and honestly I have no clue to go about it. Does anyone have advice for me?