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? $2037 4. Who is the original creditor? Syncrony Bank 5. How do you know you are being sued? (You were served, right?) Served by local sheriffs office 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? None 9. What state and county do you live in? Dekalb County Georgia 10. When is the last time you paid on this account? Approx 4 + years ago 11. What is the SOL on the debt? 6 Years 12. What is the status of your case? Suit served? Motions filed? Served by deputy sheriff, no action taken or contact with lawyer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, all removed from credit report 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 30 days. Served on the 8/27/2020 16. What evidence did they send with the summons? A. Top page of a statement showing the amount owed with my name and address.. B. Bill of Sale And Assignment between syncrony and crown asset
  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) Not yet 7. Was the service legal as required by your state? N/A 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? Paper/mail 9. What state and county do you live in? Dekalb County, Georgia 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometimes in 2015/2016, not outside of SOL 11. What is the SOL on the debt? To find out: 6 Years Statute of Limitations on Debts 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). Open 8/27/2018 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, the account in question only shows on my Equifax 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. Yes 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? 30 days to respond Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent an Affidavit from the Custodian of Records, Exhibit A , the bill of sale and Exhibit B, the charge off statement. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  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 settle early or drop it altogether
  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 familiar fraud and that the person may have used my email address, phone number, and possibly my bank account for account access and/or to assume my identity. Aside from those pieces of evidence above what else could be used? I was very VERY naive in my younger days and I thought I was doing something good by trying to help my family by allowing them use my email, phone etc but obviously that is not always reciprocated. What else can I do aside from a police report and filling out a fraud affidavit.
  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 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 9. What state and county do you live in? Dekalb County, GA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to my credit report the last time it was paid was 4/2016 11. When did you open the account (looking to establish what card agreement may be applicable)? Account was opened 8/2015 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts Either 4 or 6 years 13. 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). Suit files, no other action taken 14. Have you disputed the debt with the credit bureaus - Yes, filed with experian. Cap1 came back and said that the dispute was resolved with no other information 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? 30 days after being served • Resident is home address and subject to DeKalb County jurisdiction • Enterted into agreement with OC • Attached statement of account • Breached agreement by failure to pay and left outstanding balance Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Statement of account showing past due balance and interest along with that I’m assuming is the cardholder agreement Relevant information: This is a situation of familiar fraud. I am assuming a family member used my info to sign up for the card and eventually ran the account up and stopped paying on it.