ScrapHappy

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About ScrapHappy

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  1. I mailed my response to the complaint yesterday, thanks again @Jimmy E. Now on to discovery, any advise?
  2. Thanks @Jimmy E I am in Lincoln County, I will look into them.
  3. Thanks,everyone. I am going to get my response out by Friday is there anything else I need to add or send with it? I have tried to find my county's rules and procedures but they are not on the county's website. I called the clerk but I don't think she will be any help.
  4. Here is my answer to the comolaint si far, i am nit sure if its wrute or if i need more. Case Number XXXXX PRA. Plan in tiff Me. Defendant Defendants Answers to Complaints Allegation 1. Admit the plaintiff is a foreign limited liability company authorized to bring action under Ark. Code Ann. 4-32-1008 Allegation 2 Admit I am a resident of said county Allegation 3 Admit the Jurisdiction and venue are proper for the court. Allegation 4 Admit I has an account with GE Capital Bank. Deny in part, I have been given no evidence that this is the same account as the debt alleged in this complaint. Allegation 5 Deny, this is vague,ambiguous and unintelligible in that it speculates as to the meaning of "said accounts". Allegation 6 Deny, no demands have been made for payments.
  5. @debtzapper Is this what I need? IMPORTANT INFORMATION ABOUT THIS AGREEMENT Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account. Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply. Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah. Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation. RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. • What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Gap Inc. if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.
  6. @CCRP626 I answered the qustions what I really don't get is on the affidavit it has my name then says "Debtor and Co-Debtor". Are they saying there are 2 people on this account?
  7. @shellieh98 both credit reporting agencies report the last update as March 11,2013 Equifax reports it as sold no date or amount or even a.balance on the account only it was charged off does not say to whom sold. Trans Union shows it was charged off and closed Dec. 14,2011 and the highest balance was $561 it doe not show it sold. @debtzapper no they did not attach the card member agreement they said "The cardmember agreement is not available and therefore good cause exists for the Agreement to not be attached to this complaint. Plant if will amend this complaint if Cardmember agreement become available."
  8. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Allen & Withrow Attorneys at Law 3. How much are you being sued for? $980.84 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank 5. How do you know you are being sued? (You were served, right?) SERVED County Sheriff 6. How were you served? (Mail, In person, Notice on door) PERSON 7. Was the service legal as required by your state? YES Process Service Requirements by State - Summons Complaint 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? Arkansas, 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) according to Equafax 6-1-12 Trans union says 6-12-12 11. What is the SOL on the debt? To find out: 3 years Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Complaint Served 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). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days and day served does not count served 4-28 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? Nothing An affidavit? Yes Statements from the OC? On Contract? No List anything else they attached as exhibits. None
  9. I was served this afternoon I am at a loss as to what I need to do exactly or how to do it, any help would be appreciated.I am attaching both the complaint and the affidavit.