Nola D

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About Nola D

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    GA
  1. @fisthardcheese Thank you. I will heed your advice.
  2. @fisthardcheese and no they’ve not yet sued me
  3. @fisthardcheese please see attached. @BV80 the county where I live it’s $15K limit for small claims court
  4. @BV80 Here is the arbitration clause. This was for a personal loan not a credit card.
  5. @BV80 Velocity LLC. Basically 2 letters came: one to verify my address by the postmaster and 2nd a letter stating I owed them money, to call to pay in 30 days or else legal action would be taken. I responded with a debt validation letter. They responded with the details of buying the debt. The attorney asked me to call to resolve. These are the only choices I know of: A. I could lay low and wait to get sued (I have access to an attorney) B. I could call - to see if they will settle, pay arrangement? C. I could start a the arbitration process in advance of being sued Is there a 4th option? What do you suggest?
  6. @BV80 Reposting after reading the forum rules. 1. Who is the named plaintiff in the suit? No one yet 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ragan and Ragan 3. How much are you being sued for? 12K 4. Who is the original creditor? (if not the Plaintiff) Prosper 5. How do you know you are being sued? (You were served, right?) not served yet 6. How were you served? (Mail, In person, Notice on door) not served yet 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? Yes 9. What state and county do you live in? GA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2 years ago 11. When did you open the account (looking to establish what card agreement may be applicable)? 2016 12. What is the SOL on the debt? To find out: 2022 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). Not served yet 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? yes!!!! 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. None yet 18. How did you find out about this site? Google