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civil warrant

Date: Sun, 06/05/2011 - 19:00

Submitted by anonymous
on Sun, 06/05/2011 - 19:00

Posts: 202330 Credits: [Donate]

Total Replies: 4


I have a pass credit card debt with HBSC Bank which sold it to Midland Funding LLC. I was sent a bill from an attorney from Hosto, Buchan, Prater, P.L.L.C. which represents Midland trying to collect. I sent them a payment of $100 and never heard from them until i received a civil warrant from them. Can i still send a request of validation to them or is it too late? Should i just try to settle the debt before court and if i do so will i still have to go to court?


You can ask them to send a debt validation letter to you. But I don't think that it will be of any help now. Anyway, if you have received court summons, then you should give a proper reply to it. Next, you should try to settle the debt out of court. This will help you avoid the legal hassles. If they agree to settle the debt out of court, then you should ask them to withdraw the case from the court. If they don't agree to settle the debt out of court, then you will have attend the court hearing. In that case, you can get help from an attorney.


lrhall41

Submitted by Good Nelly on Sun, 06/05/2011 - 21:12

( Posts: 2846 | Credits: )


I'M NOT A LAWYER BUT I DEAL WITH SCUMBAGS ALL DAY SO THIS ISN'T ADVICE JUST MY OPINION. DO WITH IT WHAT YOU WILL AT YOUR OWN PERIL. BUT IT COSTS THEM $$$.

You either "admit" or "deny" or "lack sufficient information." My thinking is at this point neither admit or deny , I would answer each one -- Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment "-----

Although, " Truth" is a good thing and we were raised to believe in that golden rule , you are soon find out how truth works when dealing with people who also believe in truth. But you are going to be dealing with people who could care less about truth .

Here is the DEFENSES I used, some of them won't fit your case, some will .

DEFENSES

1. Plantiff has not proven that they are authorized and licensed to collect claims for others in the State to solicit the right to collect or receive payment of a claim of another.

2. Plantiff has not proven that they were retained by the bank as it???s representative in this matter.

3. Plantiff has not proven that the bank is the real party in interest and if so lacks standing. Defense demands proof of ownership specifically that the alleged account is still the legal property of the bank with all of the original creditor???s rights and privileges intact.

4. The attached ( the "Agreement " ) The alleged "Agreement " is not signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt default or miscarriage of another person.

5. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

6. Plantiff has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account.

7. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time(for example if a real party in interest is established for alleged account).

8. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time(for example if a real party in interest is established for alleged account) including but not limited to violations of the Federal Truth in Lending Act the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.

Defendant reserves the right to Trial By Jury
Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper.

By the Defendant acting pro se.

And don't forget that you can always threaten appeal, bankruptcy after judgement or counterclaims. Try to settle but this will get thier attention. Just don't chicken out and let them get a default judgement without trying to settle.


lrhall41

Submitted by anonymous on Tue, 06/07/2011 - 17:28

( Posts: 202330 | Credits: )