Jwild909

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About Jwild909

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  1. 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.) Hunt and Henriques Attorneys at Law 3. How much are you being sued for? $5,015.14 4. Who is the original creditor? (if not the Plaintiff) U.S BANK 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) Sister in law was served in person the papers, then she gave them to me 7. Was the service legal as required by your state? Yes 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? Just a few letters 9. What state and county do you live in? San Bernardino, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) September 2016? 11. When did you open the account? (looking to see which agreement/contract may be applied) 2015 12. When did you open the account (looking to establish what card agreement may be applicable)? 2015 13. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 14. 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 served – have until July 10th to respond 15. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 16. 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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 17. 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? Have until July 10th 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 18. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 2 statements from U.S bank were attached. One was for the amount they are suing for and the statement date is June 2017. I went to U.S bank yesterday to get statements and the amount they show I owe is $4,200 and It was as of June 2018
  2. Hi All, My girlfriend showed me her suit that she received, regarding credit card debt from US BANK that PRA had bought. They are now suing her and I am trying to help her as best as possible. Please let me know how to proceed and what to do. They attached 2 credit card statements to the packet. She received the suit on 6/10/18. Thank you
  3. Hi All, My girlfriend showed me her suit that she received, regarding credit card debt from US BANK that PRA had bought. They are now suing her and I am trying to help her as best as possible. Please let me know how to proceed and what to do. They attached 2 credit card statements to the packet. She received the suit on 6/10/18. Thank you