1. Who is the named plaintiff in the suit?
Portfolio Recovery Group LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Hyatt & Hyatt& Landau
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
Webbank, Blustem Systems
5. How do you know you are being sued? (You were served, right?)
Was served on May 20th
6. How were you served? (Mail, In person, Notice on door)
in person at my home
7. Was the service legal as required by your state?
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 mailed two letters of debt collection.
9. What state and county do you live in?
Sarasota County, Florida
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. What is the SOL on the debt? To find out:
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).
Set for Pre-Trial Motion 6/8/2016, I filed a motion for production request, Portfolio filed a Affidavit of personal knowledge
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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
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?
I am assuming I don't need to file a response since it is a pretrial mediation set up. I received no questionnaire or no information about answering this only a pretrial mediation setup.
Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
There was 7 credit statements and one was a duplicate, thats all that was in the Statement.
17. Read this article:
Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
Just wondering if anyone out there can give me some advice on my case. I have been served on the 20th of May and I then filed a motion to produce evidence. At this point the Hyatt and Hyatt filed a Affidavit of personal knowledge by some Custodian of Records. How should I handle the next step. Should I file a motion to subpoena the person to have him there at pretrial or should I do that at pretrial. I am a real rookie here and desperately lost. I have read all the arguments about 3rd party debt collectors and how to fight them but some more advice would be great. Also Happy Memorial Day to all.
Thanks in advance for any help.