I hope I did this right. I do not have a computer so tried to complete with tablet.
I just Recived this and am looking for help on what I need to do. I know I need to give an answer at the Jp office withing 14 days correct. What should I put in that answer. As you can see by the dates I had this since 11 and was paying auto pay but to my own fault this as obviously forgotten in a card change and stupidity on my part. There is no way I can pay that amount in one fail swoop. Any help would be appreciated. Thank you again for your time.
1. Who is the named plaintiff in the suit?
Jefferson Capital Systems
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Attorney J David Chilek of Dalls
3. How much are you being sued for
4. Who is the original creditor?
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
I think so
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
9. What state and county do you live in?
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
June 2nd per credit report
11. What is the SOL on the debt?
? Open 2011
12. What is the status of your case? Suit served?
Small claims citation served
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
14. Did you request debt validation before the suit was filed?
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?
14 Days asking for answer.
16. What evidence did they send with the summons?
Plantiff's original petition:
1. Court document showing Plaintiff Jefferson Capitl and Defendant names stating that I am being sued stating that I have 14 days to file a written answer to the court. Along with the name and address of the Plaintiff (attorney). Signed by the clerk of the court.
2. Then a Petition with a stamp date on it March 11 2016.
It shows as follows:
1. states plaintiff and address
2. states my name and address
3. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any kind, penalties, cost and expenses
4. Plaintiff asserts that the above names court has jurisdiction over the subject matter of this case and the person (s) of Defendant and that the damages sought are within the jurisdictional limits of the court.
5. Venue of this action is proper in the county.............
6. On or about Aprilday/2011, Defendant opened a credit card account with Metabank in the Defendant's name under its account number ending in ------------xxxx Defendant used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defendant's last payment on the account occurred on June, 2014. Defendant defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently cancelled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about January 2015. On or about Jan 2015 Metabank assigned Defendat';s credit account to plaintiff, and plaintiff is the current holder of the defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full.
7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to plaintiff by Defendant on the account is $3,500
8. The plaintiff has made demand upon the defendant for payment of the amount due and payable in full. The defendant have failed, neglected, ad refused to pay the amount requested.
9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred.
E. Account stated
10. Plaintiff is entitled to recover on an account stated claim (1) transaction between Original creditor and Defendant gave rise to the indebtedness, (2) there existed an agreement between original creditor and Defendant which established the amount due to the Original creditor, (3) the defendant promised to pay the original creditor on indebtedness.
11. Plaintiff seeks damages on its liquidated claim in the amount of at least 3,500, which is within the jurisdictional limits of the court.
G. Conditions Precedent
12. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred.
15. The undersigned attorneys hereby give notice that they and the Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors.
16. For these reasons, Plaintiff asks the court to issue citation for the Defendant to appear and answer, and that the Plaintiff be awarded a judgment against defendant for the following.
a. Actual damages in the amount of 3,500
b. Post-judgment intrest
C. Court Costs
D. All other relief to which plaintiff is entitled to
Respectfully submitted; Raush, Sturm, Isreal, Enerson & Hornik, LL
By: ORIGINAL COPY SIGNED
11 names with SBN #s The last being named Attorney