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.)
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?)
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?
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?
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:
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).
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?
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!