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?
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?
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?
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)?
12. What is the SOL on the debt? To find out:
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?)
15. Did you request debt validation before the suit was filed?
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.