Thank you for all you do. Between your videos, the two Johns (Arizona and Alabama), and Brian Parker in Michigan, you all gave me the courage to fight a lawsuit from Cavalry and they eventually agreed to drop it.
I don't understand how the bank could legally sell a debt with my name on it. The original contract between myself and the bank has somehow disappeared, I tried calling the bank twice and asked midland multiple times and no one has it. Isn't that pretty crucial??
Usually the original loan agreement allows them to sell the debt. As a practical matter, no one is going to win on that issue unless there’s a failure to prove the sale or assignment. Regarding the original contract, did you actually sign something or was it an online contract?
They are expecting you to not answer the lawsuit. In my rural county in Texas, there are tons of these lawsuits filed in the JP courts (small claims) and 95% result in default judgments. When someone does answer, they’ll end up voluntarily non-suiting it most of the time (even against pro se’s if they seem to halfway know what they are doing).
Me too! San Jacinto and I don't have date on my papers when I was served it just says I have 114 days to respond. Hell I was so upset I didn't write it on the calender. I can't find any dockets to see if I missed mine.
Midland credit management sent a chain of title list with the addresses and date of transfer and an email from credit one bank saying they sold my account DIRECTLY TO midland credit management inc…. Is that enough for them to sue or can i still fight that they didn’t attach proof of sale nor does the bill of sale shows my name and account number? Theres like 5 bill of sales copied and pasted… so how could credit one bank SEND me this letter stating they sold my account directly to Midland Credit management if Midland is LAST on the chain of title list?
At least one good thing if you wanted to go the debt defense rought is that if a creditor sues you and they been constantly harassing you and making threats against you, you could countersue them for violations or pretty much anything that you can claim in court are "damages" and possibly have them owe you money.
IM in GA!. I just got served. They just gave me a complaint summary and exhibits. How should I reply? I don’t remember them sending me a verification letter.
Recently I suddenly started receiving letters from lawyers and law firms stating that i'm being sued by Midland, however I have not received any legal documents to my house. How can I fight this case to have it thrown out?
I know that an account that is "charged off" doesn't mean that the debt is forgiven, but rather it means quite the opposite, that the original creditor simply closed the account and sent it to a debt collector who will continue to harrass you even more. They don't care if you're broke, they just want large amounts of money to just magically appear in your possesion so that you could pay them. Thats what they believe. Also I know that debtor's prisons do actually kindof exist like after a judgment is entered against you and say if they order you to come into court to provide information about your income and assets and you don't come, then you could be put into "debtor's prison" or charged with contempt of court.
I was sue by a debt collector. I asked for a letter of validation, l didn't get an answer for the debt collector. After more than 90 days a date is set for hearing in January 2025. Now l received a letter from the debt collector with the with cuption MOTION TO DISMISS. Please what advice will you give me
I don't know, even if a creditor sued me and got a judgment against me, if I have no possible way to pay the debt, that judgment isn't going to just magically turn into all the money whatever they claim I owe them.
Depending on your state law, they may be able to: 1. Garnish up to 25% of your paycheck 2. Seize your bank accounts 3. Seize and sell any vehicle you own 4. Seize personal property. "I don't have money" isn't a defense, it's a guilty plea.
If you don’t respond you’ll be paying it one way or another, and not in a good way. If you want to pay, negotiate with the lawyer on the other side to ensure you get all you want. (Watch our Good to Get Sued video)
I wanted to ask if its even legal for debt collectors to call me and put fear in me that I could be arrested for a serious crime like fraud or something just for having debt that I can't pay and I thought that I could handle the payments but then I just was getting too much debt. Also I don't know if its legal for them to be calling my brother and my boss about my particular debt issue if they have nothing to do with it and they say that to them there's a legal case being filed against me. They are driving me crazy.
If a debt collector threatens you with arrest, they've broken the law in a serious way. You should absolutely give us a call as soon as possible: 352-567-3173
My husband was sued by Portfolio and a judgment was against him 0n 2016 at the time the complaint was issued he was not living at the property they stay papers were left we find out now about this debt because his checking account t was levy he answered the garnished that he never knew about this debt we have ahearing on 11-14 can you help us
Zero. Unless you deliberately and flagrantly committed contempt of court (I once watched a person get arrested for dropping an F-bomb AT the judge in open court) we don't have debtor's prison here in the US.
I have an LVNV account in collections. I don't want it on my collections, but they haven't sued yet either. What is the best step to take here? Do nothing until they sue?
I’m in FL and a lawyer says they found my case online that LVNV Funding LLC is suing me it’s possible the company sent me info about it but I didn’t get it because my address is different from when the debt originated what should I do if I don’t have any paperwork for the lawsuit? The debt is only about $900
I am being sued by NCB management. I am in TN they are trying to take me to court because of a car repo and they want the rest of the money . Is the purchase agreement the same as the bill of sale ? I go to court tomorrow and I’m sick to my stomach. I have been in and out of the hospital as well needing blood transfusions
The bill of sale will usually mention the purchase agreement, sometimes called a forward flow agreement. For TN, call Alabama Lawyer John Watts. He can steer you in the right direction.
I just received a smalls claims suit. But I didn’t get any statement or anything else with it. Just a form saying midland vs the plaintiff. Is this good that they haven’t attached anything
You were talking about paragraph #5 here with the notice of transfer... Can i hypothetical with my summons & complaint reply draft up a motion for discovery requestioning that? And then draft up a supoena request for the proof that they mailed anything if it ever even did? Essentially calling them out on their bullshit by now making them prove it in court and not just hearsay.
Discovery requests are very procedure-sensitive so you need to make sure you deeply understand that procedure before you base your entire case on it. But those are the types of things I’d consider asking for.
@RWlawFL fortunately and unfortunately. Here in Washington State no Lawyers or paralegals are allowed in small claims district courts. So I'm representing myself Pro Se.
I've heard some states are like that. I suppose if you were to find a lawyer in WA they could advise you on how to handle that. But ti also means you're not likely to get the documents you're requesting unless you can move it to a different court.
I was notified yesterday (10/1/24) by a friend that I got a letter from Midland suing me. My friend has been using the PO Box address I have in PA, but I no longer in PA and now live in OH. It says they the plaintiff is the owner of the account by virtue of the assignment of the account. As a result, they now own all the rights, title, and interest in and to the account. Upon information and belief that the defendant entered in a credit account with Capital One for the purpose of purchasing obtaining goods and/or services and/or cash advances. Based on records of behalf of the plaintiff, the last payment posted to the account on April 22, 2022. The account shows that the defendant owes a balance of $3xxx.xx. Notice date 9/11/24 and court date is 10/25/24. They said if I intend to enter a defense, I need to notify them at least 5 days before hearing. Do I have a case?
I have a question about a debt what if they spell your name wrong even by one letter. Since they spelled my name wrong do I have to pay the debt. Since technically it’s not address in my correct name.
I recently learned that WA doesn't even allow lawyers in small claims court so I wouldn't even know the first step in how those courts would handle these cases.
Sampling his stuff, he's peddling a lot of the same misinformation as a lot of other people out there, misreading the law, and arguing a lot of stuff that simply doesn't work in the real world. Trust him at your own risk.
![Texas vs. Florida: What to Do When Debt Collectors Attack [Midland, Portfolio, LVNV, Cache LLC]](http://i.ytimg.com/vi/wpo7ruwu9u8/mqdefault.jpg)
![Texas vs. Florida: What to Do When Debt Collectors Attack [Midland, Portfolio, LVNV, Cache LLC]](/img/tr.png)
Thank you for all you do. Between your videos, the two Johns (Arizona and Alabama), and Brian Parker in Michigan, you all gave me the courage to fight a lawsuit from Cavalry and they eventually agreed to drop it.
What a great result! Congrats.
Thank you for all your time!!!
You are so welcome!
Show me the purchase agreement thsts the best defense, SHOW ME THE PURCHASE AGREEMENT 🎉
Sometimes they might even walk away from money if the court orders them to give up the agreement.
I don't understand how the bank could legally sell a debt with my name on it. The original contract between myself and the bank has somehow disappeared, I tried calling the bank twice and asked midland multiple times and no one has it. Isn't that pretty crucial??
Usually the original loan agreement allows them to sell the debt. As a practical matter, no one is going to win on that issue unless there’s a failure to prove the sale or assignment.
Regarding the original contract, did you actually sign something or was it an online contract?
I guess when this happens and a debt collector has a lawsuit against you, you go into a fight or flight mode.
Fight, flight, or freeze-two of those options will destroy you.
I need you guys in Houston right now 😢 god bless you guys
We have lawyer friends in Texas who might be able to help. Call Bill Clanton or Daniel Ciment.
They are expecting you to not answer the lawsuit. In my rural county in Texas, there are tons of these lawsuits filed in the JP courts (small claims) and 95% result in default judgments. When someone does answer, they’ll end up voluntarily non-suiting it most of the time (even against pro se’s if they seem to halfway know what they are doing).
It's true they're looking for low-hanging fruit.
Me too! San Jacinto and I don't have date on my papers when I was served it just says I have 114 days to respond. Hell I was so upset I didn't write it on the calender. I can't find any dockets to see if I missed mine.
What should I do,I believe I accidentally threw away a summons so how can I respond to it? Could I request another one?
If you're in Florida, call us right away. In most other states, you should be able to look up your case on the clerk of court website.
Grateful❣️🤗from Cali!
We’re grateful for you too!
Midland credit management sent a chain of title list with the addresses and date of transfer and an email from credit one bank saying they sold my account DIRECTLY TO midland credit management inc…. Is that enough for them to sue or can i still fight that they didn’t attach proof of sale nor does the bill of sale shows my name and account number? Theres like 5 bill of sales copied and pasted… so how could credit one bank SEND me this letter stating they sold my account directly to Midland Credit management if Midland is LAST on the chain of title list?
I'd want to see all the documents - forward flow agreement and/or credit card account purchase agreement especially.
At least one good thing if you wanted to go the debt defense rought is that if a creditor sues you and they been constantly harassing you and making threats against you, you could countersue them for violations or pretty much anything that you can claim in court are "damages" and possibly have them owe you money.
Exactly! That's one of the things we frequently talk about on this channel.
IM in GA!. I just got served. They just gave me a complaint summary and exhibits. How should I reply? I don’t remember them sending me a verification letter.
Every state has different rules about what response is required. I’m not a GA lawyer so I couldn’t begin to tell you.
Recently I suddenly started receiving letters from lawyers and law firms stating that i'm being sued by Midland, however I have not received any legal documents to my house. How can I fight this case to have it thrown out?
If you're in Florida, call us right away.
I know that an account that is "charged off" doesn't mean that the debt is forgiven, but rather it means quite the opposite, that the original creditor simply closed the account and sent it to a debt collector who will continue to harrass you even more. They don't care if you're broke, they just want large amounts of money to just magically appear in your possesion so that you could pay them. Thats what they believe. Also I know that debtor's prisons do actually kindof exist like after a judgment is entered against you and say if they order you to come into court to provide information about your income and assets and you don't come, then you could be put into "debtor's prison" or charged with contempt of court.
Contempt of court, yes, but that's not debtor's prison. And you have to work VERY hard to get thrown in jail for contempt of court.
I was sue by a debt collector. I asked for a letter of validation, l didn't get an answer for the debt collector. After more than 90 days a date is set for hearing in January 2025. Now l received a letter from the debt collector with the with cuption MOTION TO DISMISS. Please what advice will you give me
Are they dismissing their case against you? That sounds like it might be good news.
I am curious if you get a letter from Credit Control yet they are trying to use Chase bank as the one who is sending the information.
If a debt collector is involved, they are the ones you'd send the dispute to.
I don't know, even if a creditor sued me and got a judgment against me, if I have no possible way to pay the debt, that judgment isn't going to just magically turn into all the money whatever they claim I owe them.
Depending on your state law, they may be able to:
1. Garnish up to 25% of your paycheck
2. Seize your bank accounts
3. Seize and sell any vehicle you own
4. Seize personal property.
"I don't have money" isn't a defense, it's a guilty plea.
These guys are the BEST !
Thanks!
My husband was sued recently. Do we need to file a response if we plan on paying it?
If you don’t respond you’ll be paying it one way or another, and not in a good way.
If you want to pay, negotiate with the lawyer on the other side to ensure you get all you want. (Watch our Good to Get Sued video)
I wanted to ask if its even legal for debt collectors to call me and put fear in me that I could be arrested for a serious crime like fraud or something just for having debt that I can't pay and I thought that I could handle the payments but then I just was getting too much debt. Also I don't know if its legal for them to be calling my brother and my boss about my particular debt issue if they have nothing to do with it and they say that to them there's a legal case being filed against me. They are driving me crazy.
They can’t legally threaten you with arrest. If you’re in Florida, call us today.
If a debt collector threatens you with arrest, they've broken the law in a serious way. You should absolutely give us a call as soon as possible: 352-567-3173
My husband was sued by Portfolio and a judgment was against him 0n 2016 at the time the complaint was issued he was not living at the property they stay papers were left we find out now about this debt because his checking account t was levy he answered the garnished that he never knew about this debt we have ahearing on 11-14 can you help us
Just seeing this now. If you’re in Florida, give us a call at 352-567-3173
I just receive 2 court cases 😱 what should I do?
If you're in Florida, call us right away. If you're in another state, look for a lawyer who handles "debt defense" or "FDCPA" cases in your state.
I wonder what the chance is that you would go to jail if you lose in a debt collector lawsuit.
Zero. Unless you deliberately and flagrantly committed contempt of court (I once watched a person get arrested for dropping an F-bomb AT the judge in open court) we don't have debtor's prison here in the US.
I have an LVNV account in collections. I don't want it on my collections, but they haven't sued yet either. What is the best step to take here? Do nothing until they sue?
Check out this video:
Remove COLLECTIONS from your credit report: FREE and 100% LEGAL
ua-cam.com/video/kiVvLizNIjs/v-deo.html
Do you have videos to help with MCA loan defaults?
No. We only handle consumer law, not business law.
I’m in FL and a lawyer says they found my case online that LVNV Funding LLC is suing me it’s possible the company sent me info about it but I didn’t get it because my address is different from when the debt originated what should I do if I don’t have any paperwork for the lawsuit? The debt is only about $900
Please call us today. 352-567-3173
I am being sued by NCB management. I am in TN they are trying to take me to court because of a car repo and they want the rest of the money . Is the purchase agreement the same as the bill of sale ? I go to court tomorrow and I’m sick to my stomach. I have been in and out of the hospital as well needing blood transfusions
The bill of sale will usually mention the purchase agreement, sometimes called a forward flow agreement.
For TN, call Alabama Lawyer John Watts. He can steer you in the right direction.
I just received a smalls claims suit. But I didn’t get any statement or anything else with it. Just a form saying midland vs the plaintiff. Is this good that they haven’t attached anything
Every state is different. In Florida, we'd probably get this dismissed quickly.
How can I get help .I just got served today for a law suit with midland credit thank you
If you’re in Florida, call us right away.
You were talking about paragraph #5 here with the notice of transfer...
Can i hypothetical with my summons & complaint reply draft up a motion for discovery requestioning that? And then draft up a supoena request for the proof that they mailed anything if it ever even did? Essentially calling them out on their bullshit by now making them prove it in court and not just hearsay.
Discovery requests are very procedure-sensitive so you need to make sure you deeply understand that procedure before you base your entire case on it.
But those are the types of things I’d consider asking for.
@RWlawFL fortunately and unfortunately. Here in Washington State no Lawyers or paralegals are allowed in small claims district courts. So I'm representing myself Pro Se.
I've heard some states are like that. I suppose if you were to find a lawyer in WA they could advise you on how to handle that.
But ti also means you're not likely to get the documents you're requesting unless you can move it to a different court.
Can you do the same with Capital one? In NY?
Unfortunately, probably not. I'm not licensed in NY and don't know how NY treats these things differently.
I was notified yesterday (10/1/24) by a friend that I got a letter from Midland suing me. My friend has been using the PO Box address I have in PA, but I no longer in PA and now live in OH. It says they the plaintiff is the owner of the account by virtue of the assignment of the account. As a result, they now own all the rights, title, and interest in and to the account. Upon information and belief that the defendant entered in a credit account with Capital One for the purpose of purchasing obtaining goods and/or services and/or cash advances. Based on records of behalf of the plaintiff, the last payment posted to the account on April 22, 2022. The account shows that the defendant owes a balance of $3xxx.xx.
Notice date 9/11/24 and court date is 10/25/24.
They said if I intend to enter a defense, I need to notify them at least 5 days before hearing.
Do I have a case?
If they sued you in a state you no longer live in, that’s a violation of federal law. In Ohio, call Marc Dan’s law firm to help.
@@RWlawFL thank you so much
I have a question about a debt what if they spell your name wrong even by one letter. Since they spelled my name wrong do I have to pay the debt. Since technically it’s not address in my correct name.
A mere misspelling like that probably isn't a defense to payment unless they genuinely have the wrong person.
My wife received a lawsuit from an actual credit card Co. Not from a debt collection agency.
Most of what we say on this channel doesn’t apply to lawsuits by original creditors.
@RWlawFL OK, thanks
Do you guys help people in Indiana?
In Indiana, call Chicago law firm Hyslip Legal.
I need help with this in WA state
I recently learned that WA doesn't even allow lawyers in small claims court so I wouldn't even know the first step in how those courts would handle these cases.
Hypothetically, How much would you expect to get from a debt collector if you sued them?
For small violations, up to $1,000. For more serious violations, it could be higher, depending on your damages.
Brandon Joe Williams can explain and tell you exactly what to do using Universal contract law ( UCC )... learn the truth... he's on youtube.
Sampling his stuff, he's peddling a lot of the same misinformation as a lot of other people out there, misreading the law, and arguing a lot of stuff that simply doesn't work in the real world. Trust him at your own risk.
Please do mine
If you’re in Florida, call us today and we can help you.