Awww - N&K is still around? I filed and won an FDCPA suit against them...
I would consider using Barclay's arbitration clause if it applies. AAA arbitration used to be very expensive, possibly more than the alleged debt itself. Otherwise, I would go with the general denial and the BOP route...
FYI -N&K loves defaults and hates defendants who fight back.
Also, one more question (you seem extremely knowledgeable about all of this, so I'm sure you can help me understand)- on the actual summons, in the upper right corner, it says, "Filed: 2/14/2018 3:03 AM", then "Clerk" on the next line, then the county/state.
How on earth was this filed at 3:03 a.m.? Would the clerk's office not be closed at such an hour? I'm certain I must be misunderstanding something about this part.
Thank you so much for the information. I am going to try contacting the attorney you suggested. I have been emailing back & forth with one in my area since shortly after posting my question, but he is just asking basic questions so far, & I'm not sure if he'll be willing to help.
He is 2 1/2 hours away from the courthouse because the summons came to the home of his former guardian (his mother). She had her address listed as his because she was his proxy. However, I moved him home to our house in October.
I surely hope there is never a warrant for his arrest over any of this. I don't know what on earth we would do if he were made to go to jail, as he is heavily dependent on myself & his home health aid for even the most basic of everyday activities (showering, medications, getting dressed, assistance with mobility, etc.).
I'm really upset because I got on our state's case search online today & discovered a judgement was decided against him in September of 2016, which was very shortly after he'd come out of a coma & was still largely unable to move, speak, or even respond to simple yes/no questions. This is the entire reason a guardianship over him was established- so he could be protected & have someone acting in his best interest.
I knew his mother was doing a terrible job handling her duties as his guardian, but I had no idea it was to such an extent that she actively decided to not address a lawsuit against him- we are in this mess to begin with due to her shutting down his bank account (from which his credit card payments were auto-debited each month), turning his leased car (which he'd never missed or been late on a payment with) over to the creditors (which left him with no vehicle & an $8,000 debt, as the car was auctioned for less than he still owed on it), & purposely ignoring calls from the company handling his student loans (which were also auto-debited from said bank account).
I'm so sorry for rambling on, I just can't believe any of this happened, from him having a massive stroke & aneurysm to his own mother destroying him financially while he was helpless & dependent on her to protect his interests. It's all just incredibly wrong, & I'm going to try my best to make anything right for him that I can.
Again, thank you for the information.
Thanks @texasrocker. I'm sorry to bother, but if you have time, I have a couple questions about the request for discovery
Do you have any pointers on how I should phrase my request to get JP court's approval for discovery?
Should I include in my request to JP court a copy of the discovery questions I intend to send to plaintiff?
I paid both these debts in full, should I include copy of bank statement showing payment in my request for discovery?
I'm going to stay on top of this and get my responses in well before the 3/9 deadline.