Rukini

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About Rukini

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    Georgia

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  1. Process server was male. Statement of claim plus just the statement from the chargeoff date. Nothing saying who served me or by whom. Yes it showed late payment and interest. They haven't filed a motion for private process server either.
  2. Magistrate. Checked the agreement, it seems to say AAA arbitration only. Is that still as valid as JAMs?
  3. I'm being sued by the OC on a "Barclay Card Financing Visa" by a local law firm. The statement of claim includes only this information (along with the statement on jursidiction, which it's in the proper venue): "1. Defendant entered into a credit account agreement with Plantiff.2 2. Defendant breached the credit account agreement by failing to pay as agreed and left an oustanding balance of $2,220 principal. 3. Attached hereto and incorporated herein as Exhibit "A" is a tree and correct copy of the statement showing the amount due and owing. 4. That said claim is in the amount of $2,200 principal, $.00 interest, costs of court, and all future costs of this suit." I have 30 days to file an answer. My understanding that since this is an OC, I literally have no way to fight this beyond finding a technicality. My questions are what's a reasonable court of action from here? Should I rush bankruptcy (I can't afford the lawyer so stalling the case/judgement for as long as possible would be helpful), file an answer, or figure out some way to move this to arbitration? I've tried to find info on the OC suing you, but most everything I can find is about JDBs. Any help would be super thankful. 1. Who is the named plaintiff in the suit? Barclay's Bank Deleware 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) McCullogh Payne & Haan 3. How much are you being sued for? $2,200 5. How do you know you are being sued? (You were served, right?) Served in person, legally. 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? Gwinnett, Georgia 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Summer '14 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). Statement of Claim filed. 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 from 12/4 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. One statement from April is that was attached. All information in this post in no way asserts responability for any alleged debt.