First, I want to say thanks to all the information. Since I learned I was being sued, I have learned so much lurking on this forum and I am sure there is plenty more to learn. I am in the process of filling the interrogatories but I am looking to go the attribution route but at the same time, I still think I would be able to win this in court since this debt is time barred. I am just trying to find the best way to end this as soon as possible rather than wait a whole year for the trial. It has been stressful to deal with all these threats where I have 30 days to respond to everything they send.
1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunts and Henriques
3. How much are you being sued for? $3,300
4. Who is the original creditor? (if not the Plaintiff) GE Capital
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? They served me correctly.
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? They might have called or sent letters but I never responded.
9. What state and county do you live in? Los Angeles, California
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/11/2011
11. What is the SOL on the debt? To find out: 4 Years
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). General Denial filed set for court date
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Never diputed, I tried but I was not able to dispute online with experian
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 I didn’t
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? Became indebted to GE capital. I just received the interrogatories less than a month ago so I am in the process of filling them out
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence with summons, only sent some statements from 2012 when I did the BOP
Any possible advice would be greatly appreciated. I learn more from samples rather than trying to create my own motions and what not.