Noodle517

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About Noodle517

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    Michigan
  1. @bmc100 Correction: The terms are dated February 1, 2006 and my records confirm the account was opened on August 30, 2006. Credit report would be incorrect. My apologies.
  2. I guess my answer to their cause of action would have to be that it is not stated? I have a summons, the 2 page complaint I posted and a 9 page copy of credit card agreement. That's all. The terms are dated February 1, 2006 and are from HSBC. Account was opened 10/1/2007 per credit report but August 2007 seems more likely to me.
  3. @debtzapper Yes, thank you. That was the sticky I was referencing in my OP. @bmc100 I have attached the complaint. Thank you for your time and reply.
  4. I'm unfamiliar with small claims court. The Summons and Complaint states 12TH District Court so I'm not sure how I would know whether it was the small claims division. "Original creditor HSBC" is listed in the Plaintiff heading of the complaint underneath LVNV and paragraph 1 of the complaint states that they are owner of the account through purchase. I've found the exact template used by this attorney in at least one other post on this forum. Same six paragraphs, different names and amounts. Yes, they only included an exhibit with an agreement brochure, a customer directory of phone numbers, etc. Nothing with my name, no affidavit, no statements, nothing. I know it's a Deapartment Store card(Younkers).only because I can match the amount to my credit report. There's just nothing here to work with. Thank you for your response.
  5. I'm just starting my reasearch here and would welcome any thoughts or advice on how to proceed. I was just served yesterday so I haven't filed an answer. The complaint consists of 6 paragraphs with a single exhibit. I see most people talk of affidavits, statements, bill of sale included with complaint, but I received nothing like that so this is all still a bit confusing to me. Back to studying bmc100's sticky... 1. Who is the named plaintiff in the suit? LVNV Funding, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Weltman, Weinberg and Reis Co., LPA 3. How much are you being sued for? $637 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) Served September 13 6. How were you served? (Mail, In person, Notice on door) Served in person at home 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Michigan, Jackson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2010 11. What is the SOL on the debt? MI 6 years 12. What is the status of your case? Summons and Complaint just served yesterday 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 21 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 6 page copy of a card agreement brochure(Exhibit A), nothing else.