Thank you SO much!!! I just got out of court. My brother response on the summons was I don’t agree. I hearing date was set and I just got home. I simply said “ prove it” I need to be convinced I owe this debt. The lawyer for Midland didn’t have my initial contract. They couldn’t prove they owned the debt, only had “advidavits” from unknown people. I admitted I had that credit card but said that’s not the point, I need to see that I agreed to 29% interest and monthly late fees. What the original amount was etc., Otherwise I kept my mouth shut and let the judge decide if they have enough to evidence to PROVE I owe Midland Funding. The judgement for the PLAINTIFF!!! The lawyer told me after, they probably won’t appeal and usually only win if the plaintiff doesn’t show up. What a load off my mind! Thanks again!!!!
Caroline McCullough thank you for responding i have court date on Jan 2020 and will definitely ask them for proof of ownership of this debt. Thank you.
Hi Caroline - I want to defend myself for a credit card debt from Portfolio. I cannot afford an attorney. How did your brother word the denial. I am very nervous and I can PM you with more details. I just need to respond and need to know how to word it. THanks.
JodyFidelis so you got served right? Well then call the judge/court and they will tell you what to do. I, personally, had to send an email (the clerk gave me the email). You simply write “ I do not agree”. No one cares, you either agree or disagree. Then they send you a court/hearing date. Then go to the court and ignore the lawyer ( they try to chat you up and give you a smile hoping you’ll negotiate). When in front of judge, just answer honestly but tell them you need proof. BUT you initial response is just “I don’t agree, I don’t owe them money” but no more than that
@@carolinemccullough1895 Hi Caroline! Yes, I got served last week. I called an attorney today but he wanted $750!!! I can't afford that, so I need to defend myself. I will call the judge/court first thing in the morning. Do I say "I do not agree" OR "I deny the claim"? I did have a credit card, but I know it wasn't as much as they say.
JodyFidelis hey Jody, I’m having the same problem and doing my own research to fight them cause don’t have an attorney. We can’t do research together and find the solutions and help each person to win this case Email me at Mr.Ijrame95@yahoo.com
Don’t forget that you forgot to bring up the most important thing! The statute of limitations on these debts. These Debt buyers file lawsuits on people who may have owned or not even own that particular debt that’s way past the statute of limitations and when the consumer request documents after being contacted by the legal office they don’t wanna provide any information such as a letter of validation or who the debt buyer was, they try to use scare tactics over the phone in order for them to get you to pay.
I denied all of it and immediately got mailed interrogatories by midland funding lawyers with about 20 questions trying to trick me into affirming the debt was mine. I am answering all the interrogatories with objections but I'm not sure how I force them to provide the required proof of contract, proof of assignment, and ledger of accounting (discovery) this in in New York. I have found sample forms from other states but not New York.
I am being sued by Calvary for Citi Bank, but I have not been served yet. I live in Illinois. Would you be able to work on the paperwork for me once I receive the court summon?
Unfortuantely I am only licensed to practice law in Arizona and cannot represent clients in other states. I have put together an information video that can show you the defenses that are available against junk debt buyers like Cavalry. You can access it here 👉👉👉👉👉 skibalaw.com/sued-by-debt-collector/
Just watching a few minutes of your videos, you have given me more options and strategys than my attorney. He just wants to pay them something ,Then get paid himself ofcourse.I am going to try to contact you this week .Thanks
Thanks for the comment. If Capital One is listed as the plaintiff, then you are being sued by the original creditor. If the plaintiff has another name then that is the party suing you and alleging that they now have ownership of the case. My general rule is that original creditor cases are more suited for settlement, while debt buyer cases have better defenses if you want to contest it. I can't say specifically in your case without knowing all of the facts. Good luck!
@@Consumer_Warrior ok thank you.. I currently have no job, no assets, will respond to summons but they served to my mother in law who lives downstairs.. not me, my wife or any member of my individual household. We live in an upper of a 2 story house/apartment. She lives downstairs, but they delivered to mother in law at front door... to access my apartment you need to access side door. Did they not violate delivery protocol by delivering to downstairs apartment?
Check out What Lies In Your Debt. They are in Florida and very knowledgable. They have free open calls on Tuesdays. They also have membership and I am a member so i am recommending them from real knowledge of their capabilities. Best of luck
In my case the bill of sale, provided with the summons I received, from synchrony to portfolio recovery only has one signature. Is that legal to have only 1 signature on a bill of sale?
I completely understand. That is a big reason that I do so many videos and try and get this information online is so that when hiring a lawyer isn't possible or doesn't make sense that you have some information to help you in your fight against the junk debt buyer. I also put together some video tutorials at Legal.Coach that can assist you. Good luck with your case!
@@Consumer_Warrior Thanks for all your videos , Porfolio send statements , how can I fight that supposed evidence, please I'm on social security benefits but I'm dreaming to go back to work on day and I don't want this on my credit report
The DBuyers are sending out letters appearing to be from the OC who is not participating. Portfolio Recovery has already been warned about this fact, i.e. cap1 services SLC, Ut.
Lydia Collins don’t give them any information like a credit card number etc. ask for a letter of validation that you owe this debt and never admit to owing the debt. Contact your local district attorney and file a complaint against the company.
Leonel Lomas i can file the complaint for free? I know that’s a stupid question.... yeah I’ve done all else you said & they said they will send it to a judge for judgement.... I’m like Ok.... lol
Lydia Collins yes you can file for free. Just contact your local attorney general’s office and they’ll help you file a complaint or contact the CFPB at (855)411-2372 and they’ll file a complaint over the phone. They cannot even threaten you over the phone either to have a judgment against you as there in violation of the FDCPA. The only way they can garnish anything from you is if you’ve been served and summons to court by someone and you don’t show up to court on your due date then the judge will favor the plaintiff aka the debt collector/buyer and then they’ll have a lien of garnishment of wages on you. If you do show up to court and fight it, the plaintiff aka suer has to prove everything to the judge from the amount of debt, licensing, contracts etc. The plaintiff may ask the judge to have a moment outside with you so that they can try and negotiate with you and tell you hey I have proof here that you owe this debt even though they don’t it’s just a statement because they wanna try to get you to pay. There hoping that you ignore the summons and don’t show up, once you do then there case becomes weaker and you’re case gets stronger. They have to prove everything in court most times it is weak and the judge rules in your favor and then you can counter sue for damages.
Leonel Lomas oh wow you didn’t miss anything❗️ thank you so much. I’m going to screenshot your comment most definitely. From what I was told, being in Texas they can’t garnish my wages. I told them it’s a fraud account in a state I never lived in & their argument was “if it’s fraud, why was it paid for, for an entire year?” How am I supposed to answer that question? Lol.. ok I’ll def show up if they summon me which is nerve wrecking but there’s no way I’m paying $1300 for something not authorized. Would I have to get a lawyer? No way i can afford one..
Luv this
A judge is known to make sure something gets done and insist for a deal to be done, pay your debt if you owe it...😮
One more thing.... the lawyer did try to start up a friendly chat before court. Probably wanting to settle but I ignored him. He’s not my “friend “.
Do you have to send a debt validation letter or can you tell them on the phone ?
I went pro se in lake county indiana. Won 3 lawsuits against me all on procedures
Thank you SO much!!! I just got out of court. My brother response on the summons was I don’t agree. I hearing date was set and I just got home. I simply said “ prove it” I need to be convinced I owe this debt. The lawyer for Midland didn’t have my initial contract. They couldn’t prove they owned the debt, only had “advidavits” from unknown people. I admitted I had that credit card but said that’s not the point, I need to see that I agreed to 29% interest and monthly late fees. What the original amount was etc., Otherwise I kept my mouth shut and let the judge decide if they have enough to evidence to PROVE I owe Midland Funding. The judgement for the PLAINTIFF!!! The lawyer told me after, they probably won’t appeal and usually only win if the plaintiff doesn’t show up. What a load off my mind! Thanks again!!!!
Caroline McCullough thank you for responding i have court date on Jan 2020 and will definitely ask them for proof of ownership of this debt.
Thank you.
Hi Caroline - I want to defend myself for a credit card debt from Portfolio. I cannot afford an attorney. How did your brother word the denial. I am very nervous and I can PM you with more details. I just need to respond and need to know how to word it. THanks.
JodyFidelis so you got served right? Well then call the judge/court and they will tell you what to do. I, personally, had to send an email (the clerk gave me the email). You simply write “ I do not agree”. No one cares, you either agree or disagree. Then they send you a court/hearing date. Then go to the court and ignore the lawyer ( they try to chat you up and give you a smile hoping you’ll negotiate). When in front of judge, just answer honestly but tell them you need proof. BUT you initial response is just “I don’t agree, I don’t owe them money” but no more than that
@@carolinemccullough1895 Hi Caroline! Yes, I got served last week. I called an attorney today but he wanted $750!!! I can't afford that, so I need to defend myself. I will call the judge/court first thing in the morning. Do I say "I do not agree" OR "I deny the claim"? I did have a credit card, but I know it wasn't as much as they say.
JodyFidelis hey Jody, I’m having the same problem and doing my own research to fight them cause don’t have an attorney.
We can’t do research together and find the solutions and help each person to win this case
Email me at
Mr.Ijrame95@yahoo.com
Don’t forget that you forgot to bring up the most important thing! The statute of limitations on these debts. These Debt buyers file lawsuits on people who may have owned or not even own that particular debt that’s way past the statute of limitations and when the consumer request documents after being contacted by the legal office they don’t wanna provide any information such as a letter of validation or who the debt buyer was, they try to use scare tactics over the phone in order for them to get you to pay.
Really good advice some people dont know how to answer, i drafted my responses already
thank you sir, really appreciate it
I denied all of it and immediately got mailed interrogatories by midland funding lawyers with about 20 questions trying to trick me into affirming the debt was mine. I am answering all the interrogatories with objections but I'm not sure how I force them to provide the required proof of contract, proof of assignment, and ledger of accounting (discovery) this in in New York. I have found sample forms from other states but not New York.
What about they show statements? In my case Porfolio recovery send statements in the summon , what I'm supposed to say ?
If a debt buyer sues me I will have a laugh because I'm on Social Security and I don't have a job. Let them waist their money.
I am being sued by Calvary for Citi Bank, but I have not been served yet. I live in Illinois. Would you be able to work on the paperwork for me once I receive the court summon?
Unfortuantely I am only licensed to practice law in Arizona and cannot represent clients in other states. I have put together an information video that can show you the defenses that are available against junk debt buyers like Cavalry. You can access it here 👉👉👉👉👉 skibalaw.com/sued-by-debt-collector/
If you admit to your response, is that the same as not responding n get a default??? I’m kinda confuse here
Just watching a few minutes of your videos, you have given me more options and strategys than my attorney. He just wants to pay them something ,Then get paid himself ofcourse.I am going to try to contact you this week .Thanks
Praying I get a response to this. My summons lists Capital One Bank.. does that mean the creditor itself is suing me or should I contest this.
Thanks for the comment. If Capital One is listed as the plaintiff, then you are being sued by the original creditor. If the plaintiff has another name then that is the party suing you and alleging that they now have ownership of the case. My general rule is that original creditor cases are more suited for settlement, while debt buyer cases have better defenses if you want to contest it. I can't say specifically in your case without knowing all of the facts. Good luck!
@@Consumer_Warrior ok thank you..
I currently have no job, no assets, will respond to summons but they served to my mother in law who lives downstairs.. not me, my wife or any member of my individual household.
We live in an upper of a 2 story house/apartment.
She lives downstairs, but they delivered to mother in law at front door... to access my apartment you need to access side door.
Did they not violate delivery protocol by delivering to downstairs apartment?
Sounds great but I'am in Calif and what about AB2501 on Car Repo and Wrongful Repo in a gated and secured community ????
I live in Florida what if I just got a court date on my summons do I still have to respond
Check out What Lies In Your Debt. They are in Florida and very knowledgable. They have free open calls on Tuesdays. They also have membership and I am a member so i am recommending them from real knowledge of their capabilities. Best of luck
Not impune Mr Skiba in any way.
Should of if you didn't file as head of household. Look up the Florida law on debt collection and head of household
am i the only one that doesnt understand the title? this guy is a lawyer?
I understand it quite well. It means don't make mistakes when going pro se...or you will lose hard.
I got a letter from the judge saying I don't have to pay the collectors. Will they appeal?
Did they appeal?
@@reynamedina4245 nope
In my case the bill of sale, provided with the summons I received, from synchrony to portfolio recovery only has one signature. Is that legal to have only 1 signature on a bill of sale?
ask for a purchase agreement a bill of sale is not proof that the own the debt.
Hire an Attorney they can settle this before lunch.
We are poor. If we cant pay them back we surely cant get a lawyer!
I completely understand. That is a big reason that I do so many videos and try and get this information online is so that when hiring a lawyer isn't possible or doesn't make sense that you have some information to help you in your fight against the junk debt buyer. I also put together some video tutorials at Legal.Coach that can assist you. Good luck with your case!
@@Consumer_Warrior Thanks for all your videos , Porfolio send statements , how can I fight that supposed evidence, please I'm on social security benefits but I'm dreaming to go back to work on day and I don't want this on my credit report
This did help a lot of debt collectors like to say that they are collecting on the behalf of the Creditor.
The DBuyers are sending out letters appearing to be from the OC who is not participating. Portfolio Recovery has already been warned about this fact, i.e. cap1 services SLC, Ut.
TheyMorph can you please go into depth? Portfolio recovery is trying to sue me too
Lydia Collins don’t give them any information like a credit card number etc. ask for a letter of validation that you owe this debt and never admit to owing the debt. Contact your local district attorney and file a complaint against the company.
Leonel Lomas i can file the complaint for free? I know that’s a stupid question.... yeah I’ve done all else you said & they said they will send it to a judge for judgement.... I’m like Ok.... lol
Lydia Collins yes you can file for free. Just contact your local attorney general’s office and they’ll help you file a complaint or contact the CFPB at (855)411-2372 and they’ll file a complaint over the phone. They cannot even threaten you over the phone either to have a judgment against you as there in violation of the FDCPA. The only way they can garnish anything from you is if you’ve been served and summons to court by someone and you don’t show up to court on your due date then the judge will favor the plaintiff aka the debt collector/buyer and then they’ll have a lien of garnishment of wages on you. If you do show up to court and fight it, the plaintiff aka suer has to prove everything to the judge from the amount of debt, licensing, contracts etc. The plaintiff may ask the judge to have a moment outside with you so that they can try and negotiate with you and tell you hey I have proof here that you owe this debt even though they don’t it’s just a statement because they wanna try to get you to pay. There hoping that you ignore the summons and don’t show up, once you do then there case becomes weaker and you’re case gets stronger. They have to prove everything in court most times it is weak and the judge rules in your favor and then you can counter sue for damages.
Leonel Lomas oh wow you didn’t miss anything❗️ thank you so much. I’m going to screenshot your comment most definitely. From what I was told, being in Texas they can’t garnish my wages. I told them it’s a fraud account in a state I never lived in & their argument was “if it’s fraud, why was it paid for, for an entire year?” How am I supposed to answer that question? Lol.. ok I’ll def show up if they summon me which is nerve wrecking but there’s no way I’m paying $1300 for something not authorized. Would I have to get a lawyer? No way i can afford one..
This is my first video and your awesome!!!! I’m going to watch because I haven’t filed my answer yet. Thank you!
Bless you for explaining this so clearly. ~ Lisa