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 immediate
  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 o
  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 t
  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 te
  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 Defend
  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 pro
  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
  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
  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