I was just served with TWO Civil Warrants in Tennessee
Date: Wed, 07/13/2011 - 10:54
CACH LLC is using the attorney Buffaloe & Assoc in Nashville, TN and MIdland Funding LLC is using Mark A Sexton, Hosto, Buchan & Prater out of LIttle Rock, AR. Both court dates are scheduled for August 16th 2011. The one from Midland states a time of 9am, the one from CACH LLC does not state a time. Attached to each warrant is an Affidavit.
I am not saying I didn't stop paying these credit card companies, because two years ago when my husband lost his job, we had to make some choices. It was either pay our credit card bills, or pay our mortgage, car payment, utilitity bills, gas for the car so we could get to work and food on the table. Unfortunately, the necessities won. After being out of work and collecting unemployment for almost a year, my husband did get a job, which did not last long. He finally obtained steady employment a year ago, but even with both of us working, our salaries combined are no longer what they were and we can't pay what I owe.
Just for the record, my credit limit for Household Bank was $500 and my credit limit for Credit One Bank was $300, so all of extra money they are asking for I can only assume are overlimit fees and past due fees.
My question is..what should be my next move? I have done some reading and noticed some suggest responding to the Warrants, how do you do that? I have also read that it is important that I show up for court, which I fully intend to. I just don't know what to do from there. In another area I have read that Midland does not even have a licence to collect in TN and that may be something I can use.
I want to do the right thing, but I cannot afford to pay these balances. I just do not have the money. Point blank, we get paid twice a month, my husband's paycheck is used for paying our bills which include our mortage, car payment, insurance, one loan payment , a hospital bill and all of our utilities (gas, electric, water, phone, cell phone) and my paycheck pays for our groceries and gas until the next check. We do not make enough to pay our bills, therefore they are always paid at the last minute just before they become 30 days past due. In other words, there is no wiggle room where our money is concerned.
As a matter of fact, my husband talked to a creditor not too long ago (from another account that has not gotten this far yet) who said to him that he saw we were making some payments (our mortgage and our car) and suggested we not pay them in order to pay him. So I am very worried that someone else will decide that this creditor is more important and either garnish my wage or my bank account..Then what do I do...we can't eat, have gas for work, or live in a house...or have utilties...
I am really a nervous wreck about this!
Tennessee Collection Services Act
They don't have a license - you're right. Therefore, they cannot commence litigation against you lawfully in Tennessee. It is an FDCPA violation to do so and makes the Civil Warrant in Debt ripe for dismissal.
Jason Barnette, Esq. - Barnette Law Offices, Nashville, TN 615-585-2245
First of all you need to give a reply to the summons within the
First of all you need to give a reply to the summons within the next 20 days. You can visit the county court website to know about the civil procedures. You need to attend the court hearing also. Otherwise judgment will be issued against you. It will be best for you to arrange an affordable repayment plan with them before the court hearing date. You can take out a small loan from your relatives and try to settle the debts out of court.
How do I give a reply to the warrant? The paperwork I rec'd made
How do I give a reply to the warrant? The paperwork I rec'd made no mention of it. Also, thank you for the advise about getting a small loan..unfortunately that is impossible:(
First of all, you need to consider "if" these creditors really d
First of all, you need to consider "if" these creditors really do own the alleged debt. They often don't have the proof to win in court or when they see you are going to fight it until the end, they will often make a better settlement offer.
Make sure to file your answer and include your affirmative defenses. You should also file a motion to strike those affidavits.
I'm sure they are affidavits from the junk debt buyers stating they have knowledge, etc., but they should be considered "hearsay" if you file your motion to strike.
Another thing to look for are the bills of sale. Do they have an unbroken chain of custody all the way back to the original creditor?
Can they prove the amount of the debt, including fees and interest?
When challenged, a junk debt buyer will often dismiss.
My strong recommendation is that you immediately hire the servic
My strong recommendation is that you immediately hire the services of a debt collection practices attorney.
Issues may need to be resolved or raised, such as proper service, presence or lack of a proper written collection (dunning) notice under FDCPA 809(a), the substance of any prior debt validation/verification they provided, if you sent them a DV request, and how to use the pre-trial discovery process under your state civil code to motion for any documents needed in your case. Documents not required to have been provided under the administrative FDCPA DV process may now be discoverable by motion to the court.
I would not suggest you respond to the summons on your own or show up at trial without an attorney unless you are fully versed in debt collection law.
I respectfully disagree. Junk debt buyers buy portfolios of deb
I respectfully disagree. Junk debt buyers buy portfolios of debt, most often without the required proof they need to succeed in court.
They will try to use scare tactics, bully tactics and then a bluffing game to try and get you to admit the debt.
However, every consumer has a right to challenge the validity of the debt and make them prove they do indeed have all the rights to collect the debt. If you don't challenge them and you pay them, often a second junk debt buyer will appear and say they own the debt and you're hung again!
It's easy to tell a consumer they should hire an attorney, but it is often not possible due to the consumer's financial status.
Midland as an example, has been beat over and over by consumers "without" representation of an attorney.
BTW, read this - "Minnesota Attorney General Lori Swanson's office on Thursday sued collection industry giant Encore Capital Group Inc. for allegedly using fraudulent "robo-signed" affidavits in collection cases.
The complaint states that employees of Encore's Midland Funding LLC and Midland Credit Management Inc. units testified under oath to having signed up to 400 affidavits a day without reading them."
And recently Midland has been sued by the state of Texas.
As you can see, even the courts are beginning to see the scams going on!
If you read your state's rules of civil procedure or even call your clerk of your court and ask what the procedure is for filing an answer/affirmative defenses or even go online as most courts have access to their rules and procedures, you can find out what you need to file and when.