Greetings. My circumstances are debt related; Credit Card and outstanding Debit Debts. Thank you in advance for your time.
1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Machol & Johannes LLC
3. How much are you being sued for?
Around $2k Plus Court Fees
4. Who is the original creditor? (if not the Plaintiff)
Wells Fargo & Company
5. How do you know you are being sued? (You were served, right?)
Earlier this month (February) sometime during the second week I was given a piece of mail that contained the above information. Earlier today I was told someone was looking for me in attempt to serve; they were not successful. My mailing address and my living address are different; I receive mail in a delayed fashion.
The piece of mail was "Order to Issue Notice to Show Cause", issued by the County Court.
The individual to serve left a note and did not serve the papers to those who addressed them.
6. How were you served? (Mail, In person, Notice on door)
An individual is seeking me to serve; according to the below information I may not have been served.
7. Was the service legal as required by your state?
According to the webpage below; a resident of Colorado one cannot be served by mail. I only have a note. More information needed.
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?
None. I received but never replied to mail(s).
9. What state and county do you live in?
Colorado; neglecting County until confirmed relevant to circumstances.
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?
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).
"Order to Issue Notice to Show Cause"
or "Notice to Show Cause Regarding Revivor of Judgement"
Assuming the mail reflects the status of the case. Seeking to become more informed on this scenario.
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?
Not sure when those trying to serve me will act on the County Sheriffs Department. Attempting to become more informed on the scenario before taking action myself.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
I've been receiving mail from Portfolio Recovery Associates LLC for years. It's always proposed as some form of legal document; with various forms of deals to settle the debt. Never replied. Receive mail delayed; sometimes months varying relevance; but with every document the deal gets better. The amount owed in the "Order to Issue Notice to Show Clause" (Mail/Letter) is a medium of all the offers; being as familiar as the other mail, I added it to the top of the pile. I don't keep all the mail; a small percentage of them.
@shellieh98 Answered a similarly structured topic from the same State. Don't believe I'm eligible for JAMS. Thread link below:
My conditions are different.
To be blunt: I'm an artist. Have no money; what very little money I do have isn't in a bank. I haven't been employed by any company that uses paperwork for over 4-5 years, I haven't received any food assistance for about 4-5 years, I've never received any form of unemployment or financial aid, and the last bank account I had was with Wells Fargo. For the last 3 years; I've practiced in keeping a very low profile, leaving little to no paper trail; online or physically. As far as the world knows I'm likely homeless, penniless, and many until earlier this year believed I was deceased.
I'm totally indifferent about my credit. Let's admit: Not everyone works this way, not everyone can. I often find people terrified by these scenarios; but I survive and am only lightly concerned at the moment. I have a cellphone, roof over my head, unrestricted access to the internet, a full belly, and what other medium class United States citizens have. I even voted.
I'd like to understand my options in this scenario before acting. I could use a legal pointer or two; lets assume I'm expecting to take losses. Found the best information detailing the topic on this very well structured website, with the forum and comprehensive replies. Considering this "Ground Zero" and will remain active on the topic. I'm open to answering further questions and participating as necessary.
Thank you very much for whatever information can be provided.