My case is a little different, but I was hoping I could get some insight on my options.
I received a letter from the clerk advising "Notice of peremptory hearing". I didn't know why I received the notice, so I inquired downtown at the Clerk of Courts.
They advised me that I hadn't technically been served, for what ever reason they were unsuccessful so they sent a letter out to me. I requested copies of the case and it is from Midland Credit Management. Below is some information I found from other threads and I hope it will help you to help me please.
1. Who is the named plaintiff in the suit?
Midland Credit Management
2. How much are you being sued for?
3. Who is the original creditor? (if not the Plaintiff)
4. How do you know you are being sued? (You were served, right?)
I received a letter and inquired at the clerk
5. How were you served? (Mail, In person, Notice on door)
I was not served
6. Was the service legal as required by your state?
I am unsure because I wasn't technically served as per clerk at court
7. What was your correspondence (if any) with the people suing you before you think you were being sued?
To my recollection, I haven't had any.
8. When is the last time you paid on this account? December 2018, in Georgia
9. When did you open the account (looking to establish what card agreement may be applicable)?
2017-- I honestly do not remember the month
10. What is the SOL on the debt? To find out:
I think 6 years in Georgia
11. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
12. Did you request debt validation before the suit was filed? No
13. 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
I have no idea. I just received a letter 01/04/21 and I visited the courts 01/12th and court is on the 1/27th
14. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
15. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
I show that statement are attached.