Debt Settlement Contract Recourse

Hi ****, I'm sorry to hear about your situation with Stone Point Legal Group. You may have some recourse depending on the specifics of your case. Here are a few steps you could consider:
- Review your contract with Stone Point Legal Group to understand their obligations.
- Gather all documentation related to your payments and communications.
- Consider filing a complaint with the Indiana Attorney General's Office.
- Consult with a consumer rights attorney about potential legal action against the debt settlement group.
Would you like to be connected with a local lawyer who can assist you further?

Hi ****, it sounds like a tough situation. Here are a few more steps you can consider:
- Supplemental Hearing: Attend the hearing and present your evidence.
- Consumer Protection: Contact the Indiana Attorney General's Office for assistance.
- Credit Counseling: Seek advice from a reputable credit counseling service.
Is there anything specific you need more information on?

Case Rating: *
****, it sounds like you've taken a positive step by reaching out to the attorney for Capital One. Here are a few additional suggestions:
- Follow Up: Make sure to follow up if you do not receive a response in a timely manner.
- Supplemental Hearing: Prepare to explain your situation and present any evidence at the hearing.
- Debt Settlement Records: Gather all records related to your dealings with Stone Point Legal Group to support your case.
Would you like more details on any of these suggestions?

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****, reaching out to the attorney for Capital One was a good move. It shows your willingness to resolve the matter and provides a record of your attempts. Make sure to attend the supplemental hearing with all relevant documentation. Do you need more details on preparing for the hearing?

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For your supplemental hearing, you should upload and bring the following documents:
- Your contract with Stone Point Legal Group
- Proof of all payments made to Stone Point Legal Group
- Any communication records with Stone Point Legal Group
- Notice and details of the supplemental hearing
- Your email to Blitt and Gaines, P.C. and any responses
Would you like more detailed steps on how to present these documents at the hearing?

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****, here are some detailed steps for presenting your documents at the hearing:
- Organize Your Documents: Arrange the documents in a logical order, such as by date, to help you present your case clearly.
- Highlight Key Points: Use sticky notes or highlights to mark critical sections in your documents.
- Prepare a Summary: Write a brief summary of your situation to help you explain it succinctly to the judge.
- Upload Documents: Ensure you upload all required documents before the hearing as instructed.
Do you need more information on how to approach the hearing itself?

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Sure, here's a brief summary you can use:
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Summary of Situation
I engaged Stone Point Legal Group for debt settlement in * and paid them for four years. They failed to settle most of my debts and did not show up for a hearing, resulting in a judgment against me. Stone Point Legal Group is now closed due to lawsuits. I have received a notice for a supplemental hearing and have reached out to the attorney for Capital One to discuss settlement options.
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Would you like more assistance with anything else?

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****, your summary looks good for the hearing. Here's the complete summary for you:
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Summary of Situation
I engaged Stone Point Legal Group for debt settlement in * and paid them for four years. They failed to settle most of my debts and did not show up for a hearing, resulting in a judgment against me. Stone Point Legal Group is now closed due to lawsuits. I have received a notice for a supplemental hearing and have reached out to the attorney for Capital One to discuss settlement options.
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Would you like more assistance with anything else related to your hearing?

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****, you might have a strong case against Stone Point Legal Group for breach of contract and possibly fraud. Here are some steps you could consider:
- Document Everything: Keep all records of payments and communications.
- File a Complaint: Contact the Indiana Attorney General’s Office.
- Small Claims Court: Consider suing for damages in small claims court.
Do you need more information on any of these steps?

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****, having that email could be very helpful. Here’s how you can use it:
- Evidence: Present it as evidence at your supplemental hearing to show proof of the agreement.
- Attorney General: Include it in your complaint to the Indiana Attorney General's Office.
- Settlement: Use it to negotiate with Capital One.
Would you like more details on any of these steps?

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****, for negotiating with Capital One, consider these steps:
- Start with an Offer: Propose a settlement amount that is less than what you owe but within reason.
- Provide Evidence: Show them the email and other documents that support your case.
- Be Persistent: Follow up regularly and be prepared to negotiate multiple times.
- Request Written Agreement: Ensure any agreement reached is documented in writing.
Would you like more details on any of these steps?

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****, for a $*,* debt, you might start by offering *-*% of the total amount, so around $*,* to $*,*. This is often a reasonable starting point for negotiations. Be prepared to adjust based on their response and ensure you get any agreement in writing.
Would you like more details on negotiating strategies?

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****, here are some detailed negotiating strategies:
- Know Your Limits: Determine the maximum amount you can afford to pay and stick to it.
- Stay Calm and Professional: Keep your communications respectful and clear.
- Highlight Your Situation: Emphasize your financial difficulties and the issues with Stone Point Legal Group.
- Request Debt Validation: Ask Capital One to validate the debt, which may give you more leverage.
Would you like more information on any specific strategy?

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To request debt validation from Capital One, follow these steps:
- Write a Letter: Draft a formal letter requesting validation of the debt.
- Include Information: Mention your account number, the amount they claim you owe, and your request for detailed validation.
- Send Certified Mail: Send the letter via certified mail with a return receipt request to ensure they receive it.
Would you like a sample debt validation letter?

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Sure, ****! Here's a sample debt validation letter:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Capital One]
[Address]
[City, State, ZIP Code]
Re: Request for Debt Validation
Account Number: [Your Account Number]
Dear [Creditor’s Name],
I am writing to formally request validation of the debt referenced above. Under the Fair Debt Collection Practices Act (FDCPA), I have the right to request and obtain verification of the debt you claim I owe.
Please provide the following information:
*. Proof of the amount owed and a detailed itemization of the debt.
*. Proof that you are legally entitled to collect this debt.
*. A copy of any judgment if applicable.
*. Documentation showing the original creditor and the account history.
Thank you for your prompt attention to this matter. Please respond within 30 days of receiving this letter.
Sincerely,
[Your Name]
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Would you like more details on any other steps?

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****, since Capital One is the original creditor, the debt validation letter might be slightly different. Here’s a revised sample:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Capital One
[Address]
[City, State, ZIP Code]
Re: Request for Debt Verification
Account Number: [Your Account Number]
Dear [Creditor’s Name],
I am writing to formally request verification of the debt referenced above. Under the Fair Credit Billing Act (FCBA), I have the right to request and obtain verification of the debt you claim I owe.
Please provide the following information:
*. Proof of the amount owed and a detailed itemization of the debt.
*. Proof that you are legally entitled to collect this debt.
*. A copy of any judgment, if applicable.
*. Documentation showing the account history and the original agreement.
Thank you for your prompt attention to this matter. Please respond within 30 days of receiving this letter.
Sincerely,
[Your Name]
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Would you like more details on any other steps?

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****, the fact that you were not properly served for the original court hearing can be crucial. Here’s what you can do:
- Document Lack of Service: Gather any evidence proving you were not served.
- File a Motion: Consider filing a motion to vacate the judgment due to improper service.
Do you need more details on how to file a motion to vacate the judgment?

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To gather evidence that you weren't served, consider the following:
- Affidavit of Non-Service: Obtain a sworn statement from yourself and any witnesses who can confirm you never received the service.
- Check Court Records: Review the court's file to see the proof of service and compare it with your own records.
- Document Everything: Keep records of your address history and any other relevant information that shows you were not served.
Would you like more details on any of these steps?

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****, here are some steps to check court records for proof of service:
- Court Website: Visit the court's website where the case was filed. Many courts provide online access to case records.
- Clerk's Office: Contact the court clerk’s office in person or by phone to request access to the case file.
- Case Number: Use your case number (49D05-*-CC-*) to locate the specific documents.
Would you like more information on any of these steps?

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****, the fact that the service was not personally handed to you and was not sent by registered mail could be significant. Here’s what you can do:
- Motion to Vacate Judgment: File a motion to vacate the judgment based on improper service.
- Evidence: Use the court record that shows service was not personally delivered or sent via registered mail.
Would you like more details on filing a motion to vacate the judgment?

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****, here are some detailed steps on filing a motion to vacate the judgment:
- Draft the Motion: Write a motion to vacate the judgment, explaining the improper service.
- Include Evidence: Attach copies of the court record indicating how the service was executed.
- File the Motion: Submit the motion to the court where the judgment was entered.
- Attend the Hearing: Be prepared to explain your situation in court.
Would you like more details on drafting the motion?

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****, here are the steps to draft a motion to vacate the judgment:
*. Title and Introduction:
- Title the document "Motion to Vacate Judgment."
- Include your name, the case number, and the court’s name.
*. Statement of Facts:
- Explain the relevant details, such as the fact that you were not properly served.
*. Legal Basis:
- Reference relevant Indiana rules or laws regarding proper service.
*. Request for Relief:
- Clearly state that you are requesting the court vacate the judgment due to improper service.
*. Signature and Date:
- Sign and date the motion.
*. Attachments:
- Attach the court record showing the improper service.
Would you like a sample template for this motion?

Case Rating: *
****, here's a sample template for the motion to vacate judgment:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court’s Name]
[Court’s Address]
[City, State, ZIP Code]
Re: Motion to Vacate Judgment
Case Number: [49D05-*-CC-*]
I. Title and Introduction:
Motion to Vacate Judgment
I, [Your Name], the defendant in the above-referenced case, respectfully move this court to vacate the judgment entered against me.
II. Statement of Facts:
*. On [Date of Judgment], a judgment was entered against me in the above-referenced case.
*. I was not personally served with the summons and complaint. According to the court records, the service was executed by leaving a copy at an address and mailing it via first class mail, which I did not receive.
III. Legal Basis:
Under Indiana law, proper service of process is required to ensure that a defendant has notice of the action and an opportunity to be heard. The service in this case did not comply with the requirements for proper service.
IV. Request for Relief:
Therefore, I respectfully request that the court vacate the judgment entered against me due to improper service of process.
V. Signature and Date:
[Your Signature]
[Your Printed Name]
[Date]
VI. Attachments:
*. Copy of the court record indicating how the service was executed.
---
Would you like more details on any specific part of this motion?

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****, if the judgment is vacated and there hasn't been any contact or payment from you in the last 5 years, the statute of limitations may prevent them from filing again. In Indiana, the statute of limitations for collecting credit card debt is generally 6 years. It’s best to consult with a consumer rights attorney to understand the specifics of your case and confirm the applicable statute of limitations.
Would you like more details on the statute of limitations in Indiana?

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In Indiana, the statute of limitations for credit card debt is generally 6 years. This means creditors have 6 years from the date of your last payment or acknowledgment of the debt to file a lawsuit to collect it.
Would you like more details on how the statute of limitations affects your case?

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In Indiana, the statute of limitations for credit card debt is 6 years. If your last payment or acknowledgment of the debt was over 6 years ago, the creditor may be barred from filing a lawsuit to collect it. This could be crucial in your case if the judgment is vacated.
Would you like more details on how to present this information in your case?

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****, here's how you can present the statute of limitations information in your case:
*. Prepare Documentation:
- Gather evidence showing the date of your last payment or acknowledgment of the debt.
*. Include in Motion:
- In your motion to vacate the judgment, mention the statute of limitations as an additional reason the judgment should be vacated.
*. Explain in Hearing:
- Clearly explain to the judge that the statute of limitations for credit card debt in Indiana is 6 years and that your last contact or payment was over 5 years ago.
Would you like more details on drafting this part for your motion or any other assistance?

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If your house is jointly owned with your husband and only your name is on the lawsuit, generally, creditors cannot force the sale of the entire property to satisfy your debt. However, they might place a lien on your interest in the property. Here are some key points:
- Indiana is not a community property state, so your husband's share of the property is typically protected.
- A creditor might place a lien on your share of the property, which could affect your ability to sell or refinance.
Would you like more details on how liens work or any other related information?

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****, in Indiana, when it comes to debt collection, creditors generally cannot count your spouse's income if the debt is solely in your name. Here are some key points:
- Individual Debt: If the debt is only in your name, your spouse's income is typically not considered for repayment.
- Joint Assets: Creditors can place a lien on your share of jointly owned property but usually cannot force the sale of the entire property.
Would you like more information on how this might affect your property or any other aspect of the situation?

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****, if you don't have any assets or income, it may be difficult for creditors to collect from you. However, they might still place a lien on your share of jointly owned property. Here are some points to consider:
- Judgment Proof: If you don't have assets or income, you might be considered "judgment proof," making it harder for creditors to collect.
- Lien on Property: Creditors can still place a lien on your share of any jointly owned property.
Would you like more information on being "judgment proof" or how liens work?

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****, being "judgment proof" means that you have no income or assets that creditors can legally claim to satisfy a judgment. Here are some key points:
- No Income: If you have no income, creditors can't garnish your wages.
- No Assets: If you have no significant assets, there is nothing for creditors to seize.
- Exemptions: Some assets may be protected by exemption laws.
Would you like more details on how to present your "judgment proof" status in court?

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****, here are some details on how to present your "judgment proof" status in court:
*. Prepare a Statement:
- Clearly state that you have no income or significant assets.
- Mention any exemptions that protect your assets.
*. Gather Evidence:
- Provide proof of your financial situation, such as bank statements, asset declarations, or details of any exempt property.
*. Explain in Court:
- During the hearing, explain your financial status and why creditors cannot collect from you.
Would you like more information on any specific part of this process?

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****, here's how you can present your "judgment proof" status more effectively: