1. Who is the named plaintiff in the suit?
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
received notice about being on 'default docket calendar' (not served at that point)
6. How were you served? (Mail, In person, Notice on door)
said service was perfected, but was never served.
7. Was the service legal as required by your state?
Process Service Requirements by State - Summons Complaint
To the defendant personally, or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.
If the person cannot be found, is residing out of state, or is concealing his whereabouts, the court may order service by publication.
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)
11. What is the SOL on the debt? To find out:
Statute of Limitations on Debts
georgia is 6 years
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).
hearing was canceled due to service not being perfected (as was claimed)
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
not listed on credit report
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?
30 days - says on date xx/xx/xx defendant opened an account and lists the last 4 digits of an account - says what alleged balance is - points to computer print out of account statement and affidavit, attested to by employee of plaintiff - says that defendant failed to object to accuracy of monthly billings and that despite repeated demands, there has been failure to pay their entire account -
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
computer generated account statement claiming an unpaid balance, not any original statement and an affidavit of debt written and attested to by an 'authorized representative of the plaintiff.'