1. Who is the named plaintiff in the suit?
Cascade Capital LLC assignee of Santander Consumer USA Inc.
2. What is the name of the law firm handling the law suit?
Rausch, Sturm, Israel, Emerson, & Hornik LLC
3. How much are you being sued for?
4. Who is the original creditor?
HARD TO ANSWER REALLY----When I signed the loan Flagship Credit Corp...which I guess sold to Santander Consumer USA, Inc along the way before I defaulted
5. How do you know you are being sued?
Served yesterday (01/24/2017)
6. How were you served?
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?
9. What state and county do you live in?
10. When is the last time you paid on this account?
It's weird (account closed on 11-30-12 but last payment shows 6-13-15-I know I made no payment since the accounts been closed)
11. What is the SOL on the debt? To find out:
5 years so not in effect for me......
Statute of Limitations on Debts
12. What is the status of your case? Suit served? Motions filed?
Suit served yesterday (1-24-17)
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?
20 days.......No questionnaire attached
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Attached were:
16a)copy of the original retail installment sales contract that I signed at the dealership (Nowhere stating Santander Or Capital).
16b) .A copy of a bottom half of a page of the Oringinal Lenholder agreement showing my signature BUT and this is a big BUT Flagship Credit (they were the original Loan company I purchased and signed the contract for) handwritten listed as the company for Finance- NOT Santander or Capital.....
16c) A copy of it looks like a mailing card (maybe?) stating send payments to Santander Consumer USA and send Correspondence to Santander USA (No payment amount No total owed and a bar code on top with a bunch of numbers underneath it.......
16d) Explanation of Calculation of Surplus Or Deficiency from Santander dated 12-2-2012 stating the amount I owe them (itemized)
Here is word for word leaving out the names of the plaintiff and defendant,case number,judge:
COMES NOW, The plaintiff,Cascade Capital LLC assignee of Santander Consumer USA Inc., by and through its undersigned Counsel, and sues Defendant(s), MY NAME, and states as follows:
1. This is an action for damages which exceed $5000.00 but do not exceed $15,000.00 and its within the jurisdictional limits of this honorable court.
2. Plaintiff has been informed and believes the Defendant(s), MY NAME, currently reside(s) within the jurisdictional boundaries of Seminole County, therefore making this court the proper venue to bring the instant action.
3. Prior to the commencement of this action, Plaintiff, Cascade Capital LLC assignee of Santander Consumer USA Inc., acquired Defendant's(s) account originated by SANTANDER CONSUMER USA INC.
4. Defendant(s) entered into a contract (herein after referred to as the "Contract") for the purchase of a motor vehicle, a true and correct copy of which is attached hereto as Exhibit A.
5. The contract provided that Defendant(s) make monthly installment payments for the duration of the Contract.
6. The Defendant failed to pay the monthly installment payments due pursuant to the Contract and such failure caused Defendant(s) to be in default and materially breach the Contract.
7. Based upon the default, the Contract was accelerated and the balance was declared due and owing.
8. The motor vehicle was repossessed and pursuant to applicable law, it was sols in a commercially reasonable manner.
9. The proceeds of the sale were applied to the Contract balance owed by Defendant(s). After applying the proceeds to the Contract balance, plus allowable expenses of disposition and late charges, less any unearned charges, plus contractually permitted interest, there remains a balance due in the owing amount of $5,767.36. See the attached Deficiency Breakdown, Exhibit B.
Wherefore, Plaintiff, Cascade Capital LLC assignee of Santander Consumer USA Inc., respectfully requests this Honorable Court enter Judgement in its favor against Defendant(s), MY NAME, in the sum of $5767.36 together with court costs and any other just and further relief as this Honorable Court deems just and proper.
Signature of the Attorneys....date....address....contact info..........
Any assistance would be greatly appreciated as I know there are Florida attorneys are in the house or anyone at all.....I am very nervous right now but I have been reading up on the boards....I am terrified I am going to screw the paper work uo as I have no prior experience in this and I am trying to rebuild my credit and this happens.