1. Who is the named plaintiff in the suit? Me
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HHL
3. How much are you being sued for? >$2000
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?) Served
6. How were you served? (Mail, In person, Notice on door) In Person
7. Was the service legal as required by your state? FL, 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? DV'ed them.
9. What state and county do you live in? FL
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2018, not outside of SOL.
11. When did you open the account (looking to establish what card agreement may be applicable)? 2017
12. What is the SOL on the debt? To find out: 5 years I believe.
Statute of Limitations on Debts
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). No court date established, attorney for PRA has filed Motion for Summary Judgement.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No to either.
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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Yes.
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? 20 days.
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. DV Response included several OC credit card statements as well as a Bill of Sale. Initial Suit Complaint for Account Stated included once OC credit card statement. Motion for Summary Judgement included an affidavit by a PRA employee custodian of records and one OC credit card statement.
18. How did you find out about this site? Have posted here before.
You helped me tremendously on my first PRA suit with a different card and I am very appreciative of that. This is a different card/suit by a different law firm.
So I received a letter from PRA, I sent them a debt validation letter which was responded to by PRA's law firm. I didn't do any follow up and was served a few months later. The pre-trial conference/mediation occurred a few months ago via zoom and I chose to not settle/admit/deny anything and asked for a court date. I still have no court date at this point, due to COVID, and it has been over 3 months ago now. I received a letter from PRA's law firm that included a MSJ (Motion for Summary Judgement) they have filed and I need to respond. So I've done some searching for "MSJ" and "Summary Judgement" etc. and haven't really found anything that I felt absolutely confident would help me format my response hence my asking for help.
So my questions relate to answering their MSJ (Motion for Summary Judgement). Is the MDSJ (Motion to Dismiss Summary Judgement listed here, Motion to Dismiss Summary Judgement still a good template to use? The MSJ include 3 points,
1. There are no genuine issues as to any material fact and Plaintiff is entitled to a Judgment as a
matter of law based upon the pleading on file herein.
2. More specifically, Plaintiff would show unto this Court that all of the factual allegations
contained in Plaintiffs Complaint are undisputed as a result of the pleadings on file herein. In addition,
see Affidavit in Support of Motion for Summary Judgment attached hereto as Exhibit "A".
3. It is respectfully submitted that Plaintiff is entitled to a Summary Judgment. If it appears to
the trial court that an asserted claim is without merit under law and nothing could be accomplished by
submitting immaterial issues to a jury, then a Summary Judgment should be granted. See Reflex, N.V.
vs. Umet Trust, 336 So.2d 473 (Fla. 3d DCA 1976), Connolly vs. Sebco, Inc, 89 So.2d 482 (Fla. 1956),
wherein the Court held that mere paper issues will not avoid a Summary Judgment when Plaintiff states a
cause of action and Defendant(s) is/are unable to rebut the allegations contained herein.
WHEREFORE, Plaintiff respectfully requests that this Court enter a Summary Judgment in its
favor and against Defendant(s) xxxxxxx xxxxx in the principal sum of$xxx.xx, and court costs and
any other relief which this Court may deem just and proper.
If so, I believe their point 1 answered by Template point 1, is this correct? Is their point 2 answered by Template point 5? I'm not sure how to answer their point 3 as in their debt validation response, they provided OC statements and the Bill of sale. Does Template point 8 still apply though since they did not include any of that in their MSJ?
If not, is there a more applicable MDSJ template out there that I should be using? Or how should I answer their MSJ 3 points?
Thank you so very much` for all of your help.