SC29408

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About SC29408

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    South Carolina
  1. Okay so talked with the clerk it’s really easy, just submit answer, don’t have to send it to the plaintiff and then a hearing will be set.
  2. Yeah they played it close for SOL they filed 2/21/20, from what I can tell by email receipts of payments my last payment was 3/27/17. From what I am hearing if I do nothing my case gets a judgement if I file some hair brain defense my case will probably result in judgement. So there isn’t a downside to filing something right? I am just frustrated with them because they are being very hard nosed on negotiations with the debt even though they can’t get anything from me anyway and I can only possibly settle with them because of this stimulus check thing.
  3. Okay so I am just trying to put up a little bit of a fight here and put a little friction on this at least not just roll over and take it. if they submit just a affidavit and I deny it isn’t that a good enough defense until they provide something more substantial? It seems like it to me, but I have not done this before thus I am asking the question. the amount is not a lot so an attorney for doesn’t make sense there were two that would do it and both said they could probably win it and get them to pay their fees with a counter claim. however I don’t want to get screwed out of paying an attorney and the judgement since the fees would be around half what I owe i would prefer just to drag it out a little to see if they ease up on what they would take for a settlement Now it’s within the statue of limitations or at least I cannot prove it’s outside of it so I gotta do something
  4. You are absolutely right, but if they didn't submit anything but an affidavit isn't a logical defense to just deny it because I cannot confirm or deny? They don't even state the last time I paid on the account, or give some bill of sale or account summary nothing. From what I can see since this is a magistrate court that suppose to allow easier access for lay people (according to the county website) I think it will go to hearing if I just respond. All I am really looking for is a little more time since these cases are not even being heard they are only accepting filings and responded currently for the court.
  5. I have read a lot on here and there is a lot of great information, thank you! 1. Who is the named plaintiff in the suit? Unifund 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sessoms & Rogers 3. How much are you being sued for? Sessoms & Rogers - ~$2800 4. Who is the original creditor? Sessoms & Rogers - Capital One 5. How do you know you are being sued? Served a summons 6. How were you served? In person 7. Was the service legal as required by your state? Yes 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? South Carolina / Charleston 10. When is the last time you paid on this account? Sessom & Rogers - 3/27/17 11. When did you open the account (looking to establish what card agreement may be applicable)? 1/2013 12. What is the SOL on the debt? To find out: 3 years 13. What is the status of your case? Waiting my response to summons 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? (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? 1. I am who they say I am, name/current address. 2. I open an acct with Cap 1 in 1/2013, I used the card, Acct was charged off 10/2017, Cap 1 assigned debt to Unifund, The case was brought within SOL, the amt of credit is ~2700 based on affidavit, they are due all assesment of charges on acct, I received Notice of Consumers Right to cure, 3. They believe they are entitled to the amount above plus $80 dollar filing fee, and are requesting judgement with 8.75 interest from date of judgement. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just an affidavit from a person working for Unifund, nothing else. This is in small claims court here in this state and it appears easy enough to file with the court since they gave me a form letter to fill out mad lib style to protest this. Now my main issue is I don't want a judgement against me, and will pay this if need be. I was in a bad state when this all happened but have thankfully recovered. Just happened Cap 1 sold just before I could get it resolved with them, and these guys are not fun to deal with. I think the most I have gotten them to come down on a settlement offer is 15%, I am hoping for something closer to 50%. I do realize SC is pretty good judgement wise, I am judgement proof atm but probably wont be within a few years. My question is this just because of the whole COVID thing and my court not scheduling any court dates or hearing them according to the county clerk, is my best defense to buy myself some more time with them to just deny the amount as factual? Its just a signed statement that they owe the date and the amount of it, in reality I have no idea how accurate their records are and if they even own the debt they allege to own. It seems like some real BS. Or do I completely deny it. Any advice would be great.