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.)
Mandarich Law Group
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?)
Served by Private process server
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
I think so. She left it on the chair by my front door when I wouldn't open the door for her since she wasn't wearing a mask
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Nothing. I never have heard of them. I haven't heard from Citibank in 4 years.
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)
Around September 2017
11. What is the SOL on the debt? To find out:
12. 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 served, I haven't answered yet
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
no Neither debt is on my credit report. The old Citibank says it was closed in 2010 and it was paid off. No negative from them. And the JHDPE that bought the debt hasn't filed anything on my report.
14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
no, I didn't know they had bought the debt.
15. 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?
I have about 2 more weeks before the answering deadline is gone
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
3 exhibits... The bill of sale where they bought the debt, a credit card statement, and a cardmember agreement (but not a signed one, just an agreement)
I don't know what to do from here. I am reading on arbitration but don't fully understand what it is. Will a debt buyer honor arbitration? I have tried to talk to them to see if there is an option for a settlement agreement before we go to court but I can't get anywhere on the phone. I just get put on hold and get a run around.