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cokeguy223

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  1. Hello so I submitted my answer which I was being sued from by an OC which was a relatively small amount. Today I got this letter in the mail from the Court but I don't understand what it means. The cover page simply just states "Service of documents in (case number)" with my name and no other real information. The second page lists the plaintiff and the defendents, says "MInute Order re answer" then states "An answer has been filed; Plaintiff shall file a notice to set trial within 14 days; Division H does settings Mon-Thurs at 10 AM". Is any of this relevant? Or is it simply just stating I filed an answer (which why would they mail that to me i know i filed an answer lol). Oh and my case number is gone from the docket search now when I use the website. In any case I will call monday and find out but I'd like to know now if I can! Thanks
  2. Don't get me wrong it's all written up but they left me two days to file an answer, is that typical? I've read most people have 20-30 days to file an answer.
  3. Alright, thank you for the response. Pretty absurd in my opinion that they basically have up until the last second to file leaving you almost no time to submit an answer..
  4. I was served on May 25th, no case was filed until 16 days later (Friday, June 10th). Furthermore there wasn't even a case number for me to file an answer until today, June 13th. The deadline to file an answer is June 15th. This is against Discover, original collector, representing them is Moore Law Group. My question is, do I have a case to dismiss this entirely or will a judge just laugh at me? The summons paperwork clearly states they have 14 days to file a case after summons was issued and they failed to do that. It seems like they were possibly being very unethical in how they handled this case because I kept calling and calling the court clerk to get a case number so I could file an answer and none never showed up until today.
  5. Hmm alright, thank you. But it has been 14 days and the clerk cannot find a case for me in the system. How does that work? Why do they get to wait until I answer if they haven't even filed yet?
  6. 1. Who is the named plaintiff in the suit? Discover Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) The Moore Law Group 3. How much are you being sued for? Less than $1,500 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Yes, served 6. How were you served? (Mail, In person, Notice on door) In person 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? I asked them for proof of debt, they sent me a stack of credit card statements in response. 9. What state and county do you live in? Colorado, Jefferson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2015 I was issued a summons on May 25th 2016 (14 days ago as of this writing). When I received it the case number was left blank which I felt was quite odd. So as I am typing up my answers and documentation to file with the court I figured it's time to call up my local court and get my case number. Well they called back saying nothing was on file. I completely missed (in relatively small print in an obscure area) part of the summons that says "A valid summons may be issued by a lawyer and it not need contain a court case number".. It goes on to say that they have 14 days to file a case after the date of the serving. Well today is June 9th, it has been over 14 Days. Is this a common tactic that they issue a summons then proceed to not even file? I did send them letters via certified mail requesting arbitration via JAMS pretty much the next day after being served so maybe that scared them off? Okay so I guess my questions are, when I call up the court tomorrow and assuming there is still no case filed against me, what should my next step be? Should I do anything at all? Do I still show up on the date given to me at court? I'm not sure where to go from here if this was indeed a bluff by them. Thanks.
  7. Thank you. I checked and there is an arbitration clause with Discover. I have been reading up on this but I am still a little confused on the process. I am going to submit a claim through JAMS tomorrow. At that point, what should I do with my courts summons. Do I still file an answer and show up on court date? Or should I not file with JAMS until the court appearance and tell the judge I want to go that route?
  8. 1. Who is the named plaintiff in the suit? Discover Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) The Moore Law Group 3. How much are you being sued for? $1,500 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Yes, served 6. How were you served? (Mail, In person, Notice on door) In person 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? I asked them for proof of debt, they sent me a stack of credit card statements in response. 9. What state and county do you live in? Colorado, Jefferson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2015 11. What is the SOL on the debt? To find out: 6 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). The case number is blank, so I'm not sure? I can call tomorrow and find out. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not disputed it with the credit bureaus 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. Yes, and they answered with a stack of statements for the last year. 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? June 15th 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Attached are a few statements as evidence. I've never gone through anything like this before. I often hear people state I should ask for evidence of the debt when I go to court but they already sent me proof of debt so will that even work? Also I'm sure you guys have heard this story before, lost job, no work, no money. This isn't the only debt I have, I have probably about $8-10,000 in debt through various creditors. Is my best bet possibly just filing for bankruptcy? If I do file for bankruptcy what happens to this summons? Thx everyone.
  9. Today a certified letter had tried to be delivered to me from Synchrony Bank but I missed it. I know exactly what this is and what it's about. Being served for a deb ~$2,500 with them. I stopped paying on all my loans (probably about $8000 in total) in May after having some major surgery, no job, no money.. simply no way to pay. What is my best course of action? Should I go pick up the letter from the post office and what then? If I go to court and lose I still can't pay. I am trying to get my life back on track and the only valuable property I have is my car, which I am still making my monthly payments on with only a few months to go. Can I go to jail for this? I had no intention to never pay but right now I simply can't and I am worried.
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