travelnomad

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travelnomad last won the day on May 8

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About travelnomad

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  1. To clarify, I wasn’t implying that the debt shouldn’t be pursued entirely only to further express that many people have been affected by this situation including my family. It’s causing financial challenges across the board and debt owed is no different but it will be more difficult to pay now more than ever. Nonetheless, thanks for your input.
  2. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm? Rausch Sturm – Sarah Catherine Daley (Main Attorney) 3. How much are you being sued for? $1287.00 plus court costs 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? I have being receiving advertisements from attorneys stating I am being sued. I looked it up online to find out the information. 6. How were you served? I have not yet been served; the address they have is for a Private Mailbox company that I have been utilizing while overseas. 7. Was the service legal as required by your state? n/a; not sure as I am a Georgia resident and this is in the Clay County Courts 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received some mail every now and then but I never answered it. 9. What state and county do you live in? Just returned from living overseas. Currently staying with family in Maryland due to the pandemic. But I am a Georgia resident with a Private Mailbox (PMB), the company is based in Green Cove Springs, FL but I do not live there, yet it appears they served the mail company since they are attempting to sue in Clay County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure. 12. What is the SOL on the debt? 4-6 years I think. 13. What is the status of your case? It appears it is a summons for a pre-trial conference and it does not provide any details that an answer is allowed. Again, I have not yet been officially served so I am waiting to see if it will be served to the private mailbox company. The summons was issued on 4/8/2020 but it has not been attempted as of yet. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I might have years ago but do not recall. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? A date for pre-trial conference has been set for June 9, 2020. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I will provide updates if the company notifies that they have been served for me. To reiterate, I am not a Clay County or Florida resident and they are attempting to sue me through them on the basis of a PMB I use that is based in Green Cove Springs, FL. I am shocked they are still allowing debt collectors to pursue debts during the current crisis. All advice is greatly appreciated.
  3. @Harry Seaward I reached an agreement to settle in mediation which was done outside of the courtroom.
  4. @fisthardcheese It looks like the case is just sitting there open and the last correspondence was the affidavit of non-service. What would be next steps?
  5. Even though they have already issued an affidavit of non service ? Please go ahead and send the recommendations my way. So you do not recommend filing a motion to dismiss being that I’m currently working overseas.
  6. I looked up the case and it looks like an affidavit of non service was entered. Will the case close automatically? Not really sure how it works in Georgia. Further, can I file the motion myself or do I have to obtain a lawyer ?
  7. 1. Who is the named plaintiff in the suit? Absolute Resolutions Investments LLC 2. What is the name of the law firm? Stenger & Stenger, P.C. 3. How much are you being sued for? $5357.30 plus court costs 4. Who is the original creditor? Web Bank as serviced by Avant, LLC 5. How do you know you are being sued? I received an advertisement by a law office indicating I was being sued. 6. How were you served? I have not been served, but I am currently working overseas and am not in the US. 7. Was the service legal as required by your state? n/a, I have not been served. I believe Georgia can serve by local paper, but again I am currently overseas. Can a letter be submitted to the court regarding jurisdiction if I no longer reside in the state? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received some mail every now and then but I never answered it. 9. What state and county do you live in? I live overseas currently but previously Atlanta, GA - Fulton County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2016 or 2017. This is a personal loan. 12. What is the SOL on the debt? 4-6 years I think. 13. What is the status of your case? Complaint has been filed by plaintiff. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? 30 days once served but I no longer reside at the address they have. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I looked up the case on the magistrate site and it appears they submitted past due statements from Avant but I am not sure as I did not pay for the document to see the added pages.
  8. @fisthardcheese Should I just e-file the affidavit or is it important to hold it until day of mediation ?
  9. @fisthardcheese Last payment was made 9/11/2017 and charged off April 25,2018. Would something like this suffice ?