I just got papers that I’m being sued. I have to give my answer in 14 days. I don’t know what to do. Where do I start?
Seeking wisdom from the group:
1. Who is the named plaintiff in the suit? LVNV Funding LLC
2. What is the name of the law firm handling the suit? Ashley B Smith, Attorney
3. How much are you being sued for? $1168.45
4. Who is the original creditor? (if not the Plaintiff) Credit One Bank
5. How do you know you are being sued? (You were served, right?) Served
6. How were you served? (Mail, In person, Notice on door) In Person
7. Was the service legal as required by your state? Texas, Yes.
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Nothing that I know of
9. What state and county do you live in? Hood, Tx
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2018, not outside of SOL.
11. When did you open the account? 2016
12. What is the SOL on the debt? To find out:
13. What is the status of your case? No court date set yet, I haven’t responded
Motions filed? Nothing yet
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not yet.
15. Did you request debt validation before the suit was filed? Note: No
16. How long do you have to respond to the suit? 14 days
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
- Bill of Sale (from an employee from credit one to MHC)
Bill of sale ( from MHC to FNBM,LLC)
Bill of Sale (from FNBM,LLC to Sherman Originator III, LLC)
Bill of Sale (from MHC receivables to Sherman Originator LLC)
Bill of Sale (from Sherman Originator III, LLC to LVNV Funding Llc)
Copy of spreadsheet listing the account history and transfer.
- Last couple credit one bank statements.
18. How did you find out about this site? Google