1. Who is the named plaintiff in the suit?
Unifund CCR LLC
A limited liability company
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
John P. Kenosian
Law Offices of Kenosian & Miele
3. How much are you being sued for?
Attorneys Fees, Costs of Suit and other such relief.
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)
In person at my home
7. Was the service legal as required by your state?
I believe so
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?
None, they sent threatening letters but no response from us.
9. What state and county do you live in?
CA Kern County
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? To find out:
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 actions yet as im trying to learn how to handle this, my wife is scared and Im trying to assist.
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?
30 Calendar days from 1/14/20
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.
A credit card statement.
18. How did you find out about this site?
Good ole Google
THANKS FOR YOUR TIME AND I APPRECIATE THE HELP! WE ARE STRESSING OUT OVER HERE!