1. Who is the named plaintiff in the suit? Unifund CCR, LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) I rather not say.
3. How much are you being sued for? $1000
4. Who is the original creditor? (if not the Plaintiff) CHASE Bank
5. How do you know you are being sued? (You were served, right?) I was served papers.
6. How were you served? (Mail, In person, Notice on door) in person by sheriff
7. Was the service legal as required by your state? I am not sure. I have read that they are supposed to serve me within 60 days unless it is a collections debt buyer case which is supposed to be within 180 days from when the case was filed. I was served after 180 days and have read that courts could sanction the plaintiff, but I have no idea on how that works or how to ask for sanctions on the plaintiff for the violation.
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? None whatsoever.
9. What state and county do you live in? CA Orange county
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) it is within the 4 year statue of limitations in California.
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: 4 years
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). suit is served I need to file response by Monday march 1st
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? 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'). No I haven’t requested debt validation
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? Monday March 1st-No, did not receive interrogatory – charges are 1) account stated. 2) money lent.
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. A statement from OC when the account was still open. It shows last payment that is within the 4 year sol
18. How did you find out about this site? By researching on the internet
18. Read these two links:
Using Arbitration To Defend A Debt Collection Lawsuit
Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
after researching on the internet for the last 3 weeks i've written some notes below about the lawsuit.
1. pleading was never verified. There are no affidavits stating that the allegation is verified.
2. I have 2 credit cards in default. Credit card “A” and Credit card “B” (I am being sued for “A” only at this time)
3. The amount at charge off of credit card “A” is 1k (according to the lawsuit. I have no way of knowing this yet because I have not seen it on credit report of when and how much charge off was)
4. Exhibit A of summons shows an account statement from 2016 of credit card “A”. Note this is a regular account statement of credit card “A”. It’s not the charge off amount of credit card “A”
5. Credit card “B” on credit report shows account closed on a “certain date”.
6. Coincidently in the lawsuit it states “On certain date defendants were indebted to the charge off creditor chase bank for the charge off sum of 1k” I think they are getting the 2 credit cards mixed up. Also note that credit card “A” is not on the credit report anymore. Only credit card “B” is.
I really need some quick guidance on how to respond to this lawsuit. Researching all of this in the last 3 weeks has my brain overloaded and I am not retaining a lot of this as I should be.
Should I respond to each allegation in my answer or a general denial? If so, what are my defenses?
Should I do a motion to strike?
A motion to quash summons.?
Sorry for the noob questions. i am simply overwhelmed. Thank you in advance on any guidance or help in sorting all of this out.