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Doobly Dunbar

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  1. Okay, thank you for you help! When I do file a response, are there different types to file? I am assuming I would still have to show up at the pretrial of some kind where the judge would advise towards settlement of some kind? Also the American Rule doesn't apply in Arizona does it? Also for curiosity's sake, what if I just said f*** it and went to court and bit it and didn't pay them. How likely would it be that they'd pursue garnishment and etc?
  2. That was a typo! I was served on the 8th. So I have until Monday the 30th to file I believe since the 20th day falls on a Saturday. I went through the copy of my contract and it has the same paragraph under the arbitration section. Ideally I would not pay unless it was to the original debtor. In any case, I would be willing to settle but they want close to the amount that I owe in order to do so. I will not have this money in the timeframe provided which is until Monday say said. It will take me ~1-2 weeks (tax return) in order for me to accumulate enough funds. My questions: 1. I there any reasonable hope of fighting this? 2. I'd like to convince them to extend the timeline for settlement. If I file a response, would that instantly take settlement off the table? I would like to avoid extra fees being accrued for me filing and them having to come to pretrial. Assuming they win the judge could make me pay attorney fees and fees of the court could they not? I'd like to avoid paying such fees not only because it is inconvenient but I was hoping to use this money for medical related fees I haven't been able to resolve. 3. Could I convince them to make a lesser settlement? 4. They gave me the option of a payment plan but I believe they'd charge me more than the debt amount to take this option. Also they said they'd still seek judgement without seekin garnishment or similar measures unless I'd missed a payment. Which I wouldn't since I could pay it off in two weeks. 5. If I do seek a payment plan of any sort, I should still file a response, correct? In my limited knowledge, my options seem two fold: Show up in court and lose where I'd explain my hardships to the judge. The outcome being I would pay the full amount of the debt plus whatever fees they'd throw my way. Or I could ask to set up a payment plan with the first payment being delayed until two weeks out where I'd have more money or if they want it sooner I could make a payment tomorrow (paycheck). Those both seem fairly lame but without your help I'll probably lean towards the latter option.
  3. 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.) Neuheisel Law Firm P.C. 3. How much are you being sued for? Roughly 1200 dollars 4. Who is the original creditor? (if not the Plaintiff) First National Bank of Omaha\Union 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) Officer of court served roommate 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? Yes, they made numerous phone calls until I asked them to contact me through print 9. What state and county do you live in? AZ, Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Roughly 2 years ago 11. What is the SOL on the debt? To find out: 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). New case 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 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? 3 days left, served on the 8th and there's 20 days total to respond 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There is a card member agreement, a letter from the bank to me indicating they sold the debt to CACH LLC(address is wrong), and a statement with an account summary, payment information and accrual of late fees. They sent me a letter that indicated that they were willing to settle for a lump sum, or continue with judgement but not pursue and action of collection if I agreed to pay off the debt(plus fees) in payments. I contacted them to settle and the terms of lump settlement was fairly close to the full debt amount. I must file within the next few days. Honestly I would like to settle but they told me that I only had until the 30th of January to do so but I won't be able to come up with that amount in time. What is the appropriate route here? Help!
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