MatSE

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About MatSE

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  1. @gwheelock915 That depends on how you want to interpret "specifically require an answer" The summons begins saying I am required to appear in court and gives the address and courtroom Following this are two options. Option A is to appear at a date and time "to answer the complaint in this case." If I fail to do so, a default judgment may....... Option B states that I am "required to file an answer in this case.....within 30 days after service......" Of the two options, only option A is check marked. So, I'm assuming no formal answer to the complaint needs to be filed immediately. I am to answer the complaint in court. I have seen plenty of answers on this site that are mailed. How am I supposed to answer in court? Do I answer like I would if I had to mail something? Thanks!
  2. Duh! Thanks for all the help! I'll wait for further guidance/instructions.
  3. @gwheelock915, Thanks now for any assistance you can provide. 1. No idea what they are trying to refer to as debtor and co-debtor. I've have never had joint credit with anyone. All accounts in my past have always been in my name. I am married and was married during this time period, but my wife's name has never been associated with any accounts. So, maybe they are just trying to cover all bases just in case they don't know for sure who all the debt is for. 2. I'm horrible with abbreviations. What is BHLM? 3. You're advise is to just let the Asset case that I haven't been summonsed on to just be until I am served. Will do. I'll just keep an eye out on the docket. They keep doing an Alias Summons, but obviously with no luck. Not sure why. Portfolio was able to find me pretty easily. I'm not exactly hiding out or anything. 4. So, if the Portfolio summons says to appear in court and answer the complaint then, then I don't want to send an answer in the mail to anyone. So, what do I do now? What should I expect in court on the 31st? Do I prepare an answer to the complaint to present in court and ask to file a discovery? Thanks!
  4. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blatt, Hasenmiller, Leibsker & Moore, LLC 3. How much are you being sued for? $1249.10 + costs 4. Who is the original creditor? (if not the Plaintiff) General Electric Capital Corp/Care Credit 5. How do you know you are being sued? (You were served, right?) Served Summons with Complaint and Affidavit on 2/26/14 6. How were you served? (Mail, In person, Notice on door) In person by a Process Server 7. Was the service legal as required by your state? Not Sure 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Standard JDB form letter claiming they owned the debt, miscellanous phone calls which I didn't answer. 9. What state and county do you live in? Champaign County, Illinois 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2012 11. What is the SOL on the debt? 5-10 years depending on who you're talking to. 12. What is the status of your case? Suit served? Motions filed? Suit Served. Appearance on 3/31/14 to answer the complaint. 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). Have to Appear on 3/31/14 to answer complaint. The option on the summons to file an answer within 30 days of receipt of summons in not check marked. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Addidavit of Account by JDB as follows: Exhibit "1" State of California City of San Diego ss Affidavit of Account 1) I am competent to testify to the matters contained herein. 2) I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representations, and averments herein, and do so based upon a review of the businees records of the Account Assignee and those records transferred to Account Assignee from General Electric Capital Corp/Care Credit ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3) According to the businees records, which are maintained in the ordinary course of businees, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on 11/21/2012. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4) According to the records trasferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from MatSE ("Debtor and Co-Debtor") to the Account Seller the sum of $1249.10 with the respect to account number ending in 2316 as of the date of 11/6/2012 with there being no known un-credited payments, counterclaims, or offsets against the said debt as of the date of the sale. 5) According to the account records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $1249.10 as due and owing as of the date of this affidavit. 6) Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the Defendant is not on active military service of the United States. Signed by JDB Affiant Notarized The Complaint Reads as follows: Portfolio Recovery Associates, LLC vs. MatSE Complaint 1. Now Comes Plaintiff and sates as follows: 2. The Defendant is a resident of Champaign County, Illinois 3. The Defendant opened a charge account with General Electric Capital Corp/Care Credit, promising to make monthly payments for purchases charged to the account. 4. Plaintiff is the successor in interest of said account from General Electric Capital Corp/Care Credit having purchased said account in the regular course of business in good faith and for value 5. The Defendant did make purchases and charged same to the account, and there is a balance due and owing $1249.10. (See Client Affidavit as Plaintiff's Exhibit 1) 6. The Defendant has failed to make the monthly payments due on the account, whereupon the Plaintiff declared the Defendant to be in default and demands payment of the balance. Wherefore, the Plaintiff prays for judgement against the Defendant in the amount of $1249.10 plus costs. Signed by JDB Attorey
  5. All, My apologies for being away for so long. Work got crazy, but has lightened up for me to handle business. New status updates: Just got served a summons yesterday to appear in court 3/31/14 to answer the attached complaint. This is from Portfolio Recovery Associates, LLC for a General Electric Care Credit account. I also received an affidavit from Portfolio. I am also actively getting the summons for Asset Acceptance for the debt they are claiming. So, going to do two at once. Need all the help I can get. What do I need to do first? The summons for 3/31/14 for Portfolio is telling me to appear in court to answer. So, I guess I don't get to file an answer since that option is not check marked. So, what do I do in court? Thanks!
  6. Good to know @Bob Fletcher. Thank you for sharing your brothers experience. However, I don't want to take a chance of a default judgement and not have had a chance to fight. Plus, I can't really, just disappear. I have no where to be except for my primary residence and job. So, I'm just going to take the initiative and go get the summons.
  7. I'll call the Circuit Clerk's office first thing tomorrow morning. They are closed now.
  8. All, The following is a cut/paste of the Docket Information provided on the Circuit Clerks site: 04-11-13 Contract Money Damages of $2,500.01 and above Small claims petition for contract with money damages of less than $10,000 on file by petitioner, attorney Bradley Sayad. 04-17-13 Created and properly labeled court case file. 04-29-13 First appearance 07-26-13 Plaintiff appears by counsel, ****************. No appearance by the Defendant. Proof/representation the service of the summons was not found. Alias summons to issue. 10-22-13 First appearance So, there is no court date yet, unless I missed it on 10/22/13. Nothing has happened since the 22nd. The Circuit Clerk is good about updating Dockets online. They always have updates within 2 business days. @Spikey, Do I waive service once I go and retrieve the summons?
  9. Thanks Spikey! I'm going to dive into all the readings this evening. I had to take sick leave today, so I will have to delay picking up the summons until Monday. I'll post what it says along with answering the usual questions that everyone posts on this site when a summons is received. As for Asset not attaching relevant evidence, that is what I am hoping for. I read thru someone's thread who is dealing with Portfolio Recovery. I think I get the basic idea. Deny, deny, deny. Make them have to prove that the debt is mine. Make them have to work. Stay on top of mailings and do not procrastinate since most deadlines are 14-30 days.
  10. Thanks Racecar! I'm going to start looking at these tomorrow. I appreciate the references.
  11. Searching NACA/FDCPA lawyers right now. I'll also start searching "code of civil procedures" and "local court rules." Hopefully, Google will be as much of a friend in this venture as it was in Engineering school....haha! I'm so glad I found this site. Getting more courageous with every post made and read!!!
  12. Thanks for all of the advice! Racecar - I have been awaiting action on this debt for some time now. I have kept a close eye on my credit report and Asset is the first collection agent to receive the account after it was closed. That is why I am assuming that they do in fact own the debt now. However, I will keep close guard when dealing with them since they can't be trusted. I found out they are suing me today when I just happened to go on our county's circuit clerk site and saw that the suit had been filled in April. So, I will take everyone's advice and go get the summons. Hopefully, I can get this tomorrow and can then provide all the information that it contains. My tendency to shy away from court is due to not being able to afford a lawyer at this stage in my life. I just graduated engineering school 5/2012 and have a load of student loans to pay off as well as take care of my wife and 3 children. I'm sure I have the ability to learn some law, but I don't want to be humiliated in court by attempting to represent myself. I'll keep you all posted and thanks again to everyone for taking the time to advise.
  13. Thanks for the response Spikey! As I have read, Asset appears to be far from stellar. I'm almost certain that they do own the debt, but I do not have proof. I could request a debt validation from them to verify that they own the debt, but I have read in other threads on here that it is probably too late to do this. Or is that only once you receive a summons? If I were to call and try to settle with them, would the legal actions stop? I honestly do not want to go to court if I don't have to and I certainly don't want a judgement without a chance to fight. So, waiting for a summons seems to be a bad course of action. Thanks again!
  14. I have a credit card debt that was last paid 9/2009 and was closed 4/2010. Asset Acceptance bought the account 6/2012 and last updated 8/2013. I just happened to be searching on the county's circuit clerk site today and noticed that Asset filed a small claims case with a first appearance in 4/2013. It appears there was another apperance by Asset 7/2013 with the following wording "Proof/representation the service of the summons was not found. Alias summons to issue." Finally, it appears there is another first appearance date set for 10/22/2013, but nothing written. The case includes my old address. I'm taking it they are having troubles finding me since they have not found me since April. Anyhow, the debt is no where close to the statue of limitations. I do not want to be sued. What should I do? Should I attempt to contact Asset and try to settle before they get any further in court or is that useless and I should wait until I receive a summons? Thank you for any advice!