While it's never a good time to be sued, this was the absolute worst. The day I was served, I was leaving for a 3 week trip. I'm back now, and have a week to deal with this. The closest card agreement I could find to the date of mine (issued a year later) DOES have ARB. Also, may or may not be relevant: The original creditor lost a class action lawsuit a year after my card was issued for not providing enough information on their interest structure to clients. I was not a part of the suit, but my agreement does fall in the timeframe they were sued for this.
I have no idea what to do, really. I know I must file an answer but don't know how. The document doesn't have a case number, so I'm not even sure how I'd look the case up, verify it or formally submit an answer. Any guidance or help provided would be greatly appreciated.
1. Who is the named plaintiff in the suit? Cach LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group
3. How much are you being sued for? $2500, plus post-judgement interest, etc
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
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? Received a few attempts to collect a debt via mail. No phone correspondence
9. What state and county do you live in? Lane Co. Oregon
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) mid-2013
11. What is the SOL on the debt? 6 years under Oregon law
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). Unsure. There's no case number on the summons, so not sure how to find out the status.
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? 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 date served
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. none