Hey everyone. I wanted to thank you all for helping me "win" a recent suit filed against me by Portfolio Recovery. With the help of this forum (lurking, haha), I managed to get it dismissed. Without prejudice, mind you, but I'll take what I can get (it wasn't a large amount & I was opting for the arbitration route).
NOW I really need some advice for a lawsuit that's been pending since 2015. In fact, I had no idea it was still open until today (after going to the courthouse & checking on the dismissal of my current case).
Discover Bank either hired a lawyer (or sold the debt to a law firm collection agency, I'm unsure). This total balance is much higher, much more worrisome. This suit was filed in 2015. I filed an answer, & consulted with a debt defense lawyer who told me that my case was dismissed because she didn't see it on the docket. WELL SHE WAS WRONG.
It's been open, is still open, & the lawyer filed a Motion for Summary Judgement along with a Theory of Discovery. This was in December of 2015. There's been no movement since then.
I've gotten no sort of communication about any hearings, I've had the same address for 20+ years, so this is throwing me through a loop.
In addition to all of that, the lawyer who was suing me is no longer in business. He's sold his firm to another, & they don't even have the same phone number / address. They essentially dropped from the face of the planet (or are operating under a whole new name).
Do I file a Motion to Dismiss, or let sleeping dogs lie? I don't want a judgement to come back & bite me in the butt later. I feel that I haven't had any adequate communication from this lawyer, & that alone should be a basis for dismissal. Coupled with the fact that there's no feasible way to contact the original law office that decided to sue me. Your thoughts / suggestions would be much appreciated!
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1. Who is the named plaintiff in the suit? Discover Bank.
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - - -
3. How much are you being sued for? $3k+
4. Who is the original creditor? (if not the Plaintiff) Discover Bank.
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 by the sheriff.
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? I remember requesting validation & they sent me a packet of past statements. That's it.
9. What state and county do you live in? Georgia.
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April of 2014.
11. What is the SOL on the debt? It's either 4 or 6 years--probably 6, but if I can argue 4, I will. 😕
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.
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. 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? I answered within the 30-day time frame.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I have to dig through my papers to find this, ugh.
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Help please & thanks !