I was sued in 9/18 in california and did not respond. I foolishly was waiting for a notice of a hearing. I don't want to run from the debt anymore. I'm hoping to settle for close to what I owe as that's the limits of what I could possibly do (hoping to not have to pay double in court costs). I was naive and thought some more contact or papers would come from the attorneys.
What do I do if there is no further court action found beyond the initial lawsuit filing? Do I just have to wait for a default judgement or do I contact the attorneys? Thanks in advance.
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 & HENRIQUES
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
9. What state and county do you live in?
Orange County, CA
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. When did you open the account (looking to establish what card agreement may be applicable)?
12. What is the SOL on the debt?
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).
only initial summons and complaint filed same day - no hearings
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
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').
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?
no - filed in 9/18 - I only received the initial summons - I was stupid. I was waiting for a hearing notice. Just dumb.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
copy of last statements
18. How did you find out about this site?