soverytired

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About soverytired

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    DeKalb County, GA
  1. Hello everyone, I am being sued by Crown Asset Management here in Georgia and they are being represented by Ragan & Ragan I would like to defend myself against this case and hopefully get it dismissed. I was served on August 27th and know I need to file an Answer within 30 days. Any help or advice people can offer is greatly appreciated. 1. Who is the named plaintiff in the suit? Crown Asset Management, Assignee of Synchrony Bank 2. What is the name of the law firm handling the suit? Ragan & Ragan 3. How much are you being sued for? $
  2. @fisthardcheese or @Clydesmom My attorney is willing to take the case for a small flat fee, do you think ARB is still the way to go or should I just let them handle it?
  3. 1. Who is the named plaintiff in the suit? :CROWN ASSET MANAGEMENT. LLC assignee of SYNCHRONY BANK 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ragan & Ragan PC 3. How much are you being sued for? $1 ,947.51, plus $89.00 cost to date; and all future costs of this suit: 4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK 5. How do you know you are being sued? (You were served, right?) Received junk mail, checked online court records 6. How were you served? (Mail, In person, Notice on door)
  4. I can’t turn in someone that I only suspect. Especially with very flimsy evidence in magistrate court. I’ve filed a police report and done a FTC identity theft report. I’ll look into FACTA. I have no issue offering up the perpetrator but from what I’ve been gathering the burden of proof would be on Aldridge to prove that it was not identity theft. There’s only so much I can do in situation when the crime has already been committed and I’m saddled with the debt.
  5. Lawyer will take the case for $500 but thinks it might be better to settle be because ID theft is harder to prove when it’s a family situation. I’d honestly rather pay more for a lawyer who’s confident we can get this dismissed with prejudice. Because I feel like it wouldn’t make sense to pay $500 unless he knows we ca settle somewhere around $1k
  6. That’s what I’ve heard as well. It may be worth depending on the price of the lawyer. The other thing I’m afraid of is that according to a lawyer or two, the magistrate judges in my county are very debt collector friendly and one of the judges is actually a debt collector herself.
  7. I guess that’s the crux of my problem. I don’t have any proof that it was not me other than me not knowing of it until it was charged off and I don’t have any proof that it was any one person in my family other than them being shitty people, plus I’m estranged from them for this very reason. Ive been looking into the identity theft/fraud affidavit. I’ve already filed a police report. Accordinf to both attorneys I’ve spoken with, it wouldn’t be a matter of showing it was someone else, just showing that it was not me and I had no knowledge of this account. Thoughts?
  8. It’s not that I “loaned” one specific person the information, it was more so....leaving my debit card at home so that my relatives could buy groceries, letting them use my phone # and email for job applications since they were not apt to technology. I’ve already consulted with two attorneys who both said they’d be willing to settle or to fight with the identity theft defense. What I’ve been wondering is how deep would Capital One go to prove that it was me that opened the account versus someone else. Both lawyers stated that because it is such a small amount they may be willing to either
  9. I’m trying to understand what defenses I have against a Cap1 suingme for alleged unpaid debts I’m looking for any sources, case law, primary sources on exactly what is considered admissible evidence since the CC has the burden of proof. From what I understand so far, they usually enter the following: • cardholder agreement • statement of account • billing statements If my defense is that I have no knowledge of the account and I believe I have been the victim of identity theft, what else could they enter aside from those documents? I acknowledge that this is a case familia
  10. 1. Who is the named plaintiff in the suit? Capital One 2. What is the name of the law firm handling the suit? (should be listed at the top of the top) Aldridge Pite Haan LLC 3. Being sued for $2913 4. Who is the original creditor? (if not the Plaintiff) Capital One 5. How do you know you are being sued? (You were served, right?) Received junk mail from BK atty in my area. Have not been served as of yet 6. How were you served? (Mail, In person, Notice on door) I have not been served 7. Was the service legal as required by your state? N/A Process Service