I have been getting some great info on here, but I think it's time I ask for help from all the great people on this board.....
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.)
3. How much are you being sued for?
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)
7. Was the service legal as required by your state?
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?
9. What state and county do you live in?
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)?
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). I answered the complaint. A Pre Trial is set for August as well a hearing for Plaintiffs Motion For Summary Disposition.
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?
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.
Included with the complaint was a few account statements from OC, a bill of sale with Synchrony Bank that lists absolutely nothing about my specific account, attached to the bill of sale is just a basic excel looking spreadsheet. They also included a Affidavit from someone who is employed by PRA saying they have knowledge of my account and access to the business records of my account.
18. How did you find out about this site?
I made the mistake of not sending an affidavit with my answer. I wish I would have known how important this was in Michigan before I sent my answer!!
In my answer I claimed that PRA has a lack of standing as they fail to show they are the owner of the debt alleged. I also attacked the affidavit because they are an employee of PRA and not the OC. I also mentioned MCL 600.2145. because the affidavit included was made long before the complaint was filed and therefore cannot be considered prima facie evidence of indebtness.
I received a Pre-trial conference date, which got rescheduled and pushed out 2 times due to Covid 19. I recently just received a Motion for Summary Disposition. One new piece of evidence that the plaintiff included was an affidavit on the actual bill of sale agreement from an employee who works for the OC. In the affidavit it mentions at the end that if the debtor(which they refer with my name) referenced above isn't from a (specific state) then the statement doesn't pertain. The state they mention is one I am not a resident of.
I don't want to list too much information on here publicly so I am hoping what I have included is at least enough that will draw some help. and get a discussion going. I wish I would have found this site sooner! I appreciate any help or discussion regarding this matter. Thank you!!!