Can anyone please help me with this. I have read several pages on here and have seen conflicting advice. I really do not want to embarrass myself in court and I cannot afford to hire an attorney. Which means that I need al the help I can get. I'm curious, does my 2-weeks time to answer start at the day the suit was filed? Or from the time I was served?
1. Who is the named plaintiff in the suit?
LVNV FUNDING LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Scott & Associates, P.C.
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
Credit One Bank - Says plaintiff's claim was assigned
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?
I guess so. The asked my name and handed me a letter.
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?
Harris County Texas
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. What is the SOL on the debt? To find out:
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).
I was only just served yesterday
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
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.
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?
No questionnaire was included. I only received 2 sheets of paper...
A) The first sheet is titled Justice Court Debt Collection Case
The second sheet titles Citation - Debt Claim with a citation number
Plaintiff's claim is for Account Stated and/or Open Account. The claim arrises from a Visa Credit Card entered into by the dependent(s) with Credit One Bank, N.A. (Account number). The Account is in default and Plaintiff sues herein for actual damages, cost of court and continuing post-judgement interest.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
No evidence was sent