I've been reading these forums in depth since I was served a summons by Cooling & Winter LLC on behalf of Portfolio Recovery Associates and it's been super helpful, though I do have a few questions and would feel more confident in these proceedings with some input from you all. The OC, Beall's Outlet - Comenity Bank has an arbitration clause that if I'm reading correctly - I can use as my course of action.
Will I be asked by the judge if it is in fact my debt, am I meant to deny it or admit it and will my answer sway the ruling? I ask because while I did have an account that I stupidly neglected, I question the validity of some of the information they've provided. Not only does the amount not seem right but pretty much all the identifying info such as my phone number, SSN and account number has been redacted on the summons I received so I'm not even sure what's there...is that normal?
Some of the wording in the Comenity arbitration clause is confusing and I want to make sure that arbitration is indeed the route I should be taking (I've attached it to this post). Also, I can only find a current cardholder agreement do I need to locate one for the last time the account was current?
I've seen conflicting opinions about at what point to make my intention for arbitration known. Should I include intent to compel arbitration in my answer? Do I check counterclaim and that's where I would include the motion or do I wait for the court day and present the motion then?
Last concern, I feel like with all my reading and researching I should know this but I'm still at a loss on what to put for the reason for denying on the answer form.
Some days I feel like I have a plan and I'm ready to face this and others I feel completely lost. I appreciate any input you all have to offer and thanks for taking the time to read!
1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, assignee of Comenity Bank/Beall's Outlet
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Cooling & Winter
3. How much are you being sued for? 2,472.76 + 95.00 court costs
4. Who is the original creditor? (if not the Plaintiff) Beall's Outlet/Comenity Bank
5. How do you know you are being sued? (You were served, right?) Served at home
6. How were you served? (Mail, In person, Notice on door) in person
7. Was the service legal as required by your state? 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? None
9. What state and county do you live in? Georgia, Floyd county
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) this says 2/22/2018 though I honestly don't remember
11. When did you open the account (looking to establish what card agreement may be applicable)? 2/28/2015
12. What is the SOL on the debt? To find out: 6 years
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). Suit served
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? 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'). No
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 days, I need to submit my answer sometime this week.
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 statement showing use of card, finnal account statement and evidence of assignment
18. How did you find out about this site? Frantically googling about being sued by PRA
18. Read these two links:
Using Arbitration To Defend A Debt Collection Lawsuit
Sued by a Debt Collector - Learn How to Fight Debt Lawsuits