I was served Saturday (7/22/2017) morning with a suit for unpaid debt. This is my first time ever dealing with a legal matter and I never even been in a court before except for jury duty. I'm nervous about this and will happen and what I should be doing.
The date on the summon is 8/22/2017. I am lost at what I should do by then. I really need a step by step instruction. I have read a lot online and it is getting overwhelming. Do I need to submit an appearance? what about an answer? Am I expected to show up on that return date? Or maybe hiring an attorney would be the best for this? Since I don't understand any of the stuff written in the summons. I would greatly appreciate any guidance or help from anyone here.
My financial situation at the time and now still have not improve to settle on this matter.
1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Blitt and Gaines PC 3. How much are you being sued for?
$4140.89 4. Who is the original creditor? (if not the Plaintiff)
Synchrony Bank / GAP 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)
In person 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?
Not even sure if I even received anything from them 9. What state and county do you live in?
Illinois - Jackson County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
April 2015 11. What is the SOL on the debt? To find out
5 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).
Served. 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?
Date on the summon 8/22/2017. I do not receive a questionnaire regarding the lawsuit. I will attached the claims they made at the end of this post.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Copy of the last payment made on the account prior to charge-off (Exhibit 1) and an Affidavit from Custodian of Record.
Also attached the whole document provided.