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Spundizzy1969

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  1. Thanks all I am researching all the info I can. I'm sure I'll have questions. And I appreciate everyone's help.
  2. Thanks all for the help.I really appreciate it. With regards to filing an objection to the telephonic witness. I didnt see there was a motion filed. Would I not have received a copy in the mail? At the pre trial hearing. The judge asked us both about witnesses appearing. Their attorney stated their witness would appear by phone. I guess my question is do I just file my objection? I'm going to be reading the rules of civil procedure. I really want to beat this.I feel more confident with the help I've already received. I want to ask Lawkitty, the things you have suggested I start with, is there a template link to them? I'm more than willing to read up on each item. And am going to burn them in my mind as to what I need to do to argue my points. Thanks again everyone. It's really appreciated
  3. Thanks all for the help.I really appreciate it. With regards to filing an objection to the telephonic witness. I didnt see there was a motion filed. Would I not have received a copy in the mail? At the pre trial hearing. The judge asked us both about witnesses appearing. Their attorney stated their witness would appear by phone. I guess my question is do I just file my objection? I'm going to be reading the rules of civil procedure. I really want to beat this.I feel more confident with the help I've already received. I want to ask Lawkitty, the things you have suggested I start with, is there a template link to them? I'm more than willing to read up on each item. And am going to burn them in my mind as to what I need to do to argue my points. Thanks again everyone. It's really appreciated
  4. Hi Lawkitty, thanks for the response. While at pretrial. The judge asked us both for witnesses. Their attorney stated their witness the custodian of records would be appearing by phone.
  5. Hi shellieh98, no this is not a summary judgement, it was a summons to appear, I did so and denied everything but my name and address. I now have a trial set for the end of September.
  6. 1. Who is the named plaintiff in the suit? Me 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Bilodeau Brian M Esquire 3. How much are you being sued for? $785.28 4. Who is the original creditor? (if not the Plaintiff) GE Capital Bank 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door)Notice on the door 7. Was the service legal as required by your state? Not according to the rules in FL I was in work at the time.Unless I am wrong and they can leave it. 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? FL 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)2012 possibly 11. What is the SOL on the debt? To find out: 4 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). 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? I received a summons to appear, I did so and denied everything, I now have a trial date for the end of Sept. They are saying I owe 785.28 to PRA after they bought the debt from GE Capital Bank 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? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I uploaded everything I have received from them in my initial post.
  7. They all say it in the paragraph,they show Portfolio Recovery Associates as the "buyer" if that makes sense.
  8. Hi All, I'm very new to this forum, however I will say I've been reading like a madman all the information here over the last two days. The knowledge is incredible and it's give me hope. I have already been to a hearing, to determine if we were going to settle or got to trial, I knew to deny everything and I did. I told the judge they hadn't provided any proof I own the debt other than the assignment document and two statements with my name and address on them. The judge basically told me requesting proof of the debt won't help me, which kind of made me feel like there was no chance. As I left after they set the trial date, it made me angry and determined, as everyone else in there was making payment arrangements. I will say their attorney appeared a little taken aback that I denied it all. I have posted all the documents I have after taking out all personal identifying info. Would anyone take a look and offer me guidance please? I would reall appreciate any assistance or advice I can get. Thanks so much for all you do.
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