1. Who is suing you? "LVNV FUNDING LLC ASSIGNEE OF SEARS ROEBUCK AND CO." 2. For how much? $3700 3. Who is the original creditor? Sears, I assume 4. How do you know you are being sued? Served 5. How were you served? Were you served? by Sheriff at home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? None 7. Where do you live? GA 8. When is the last time you paid on this account? n/a 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). I've answered the summons and they have replied with a Request for Production of Documents, First Interrogatories to Defendant and First Request for Admissions of Fact to Defendant. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No, no dunning letter was sent 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? No interrogatory with summons. It doesn't come out and state "charges". But to sum it up they claim I owe Sears and that they are collecting on their behalf. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?The summons includes basic acct info with LVNV Funding, LLC across the top, Sears installment contract dated 1/98 with Sears and Sherman hand written in the corners, a Bill of Sales and Assignment, and an Affidavit from Sherman. 14. What is the SOL on the debt? To find out: 4 years My defenses include, but were not limited to the following: The account number is not the account number I have with OC and it is not referenced anywhere on the documents. So although I do have an account with the OC it is not charged off on my CR The sol on the alleged debt is out by 1 month (per their Bill of Sale & Assignment) The contract included in the complaint states "governed by AZ" (SOL 3 yrs, GA is 4 yrs - either way out of SOL) They bought a bad debt (per their Bill of Sale & Assignment) The Request for Admission of Facts from them include (summarized): You applied & received a credit card #999999 from the Plantiff. You made purchases leaving an unpaid balance You agreed to make minimum monthly payments You agreed to the terms & conditions You paid on the account You stopped paying on the account You breached contract You refuse to pay You owe plantiff $xxx for principal You owe plantiff $xxx for interest You own plantiff attorney fees $xxx You are legally responsible for the debt You have benefitted from the use of the account You have not been released from liability You did not dispute any charges on the account You have no legal or factual basis to support any defense in answer You have no documents support claimed amount is incorrect You have no legal or factual basis to support a different amt is owed You have no legal or factual basis to support defense of failure to state a claim upon which relief can be granted You have no legal or factual basis to support defense of lapse of statute of limitations You have no legal or factual basis to support defense of estoppel You have no legal or factual basis to support defense of failure of consideration You have no legal or factual basis to support defense of frauds You have no legal or factual basis to support defense of payment You have been credited for all payments including those of a 3rd party You have no legal or factual basis to support defense that within Complaint is not being prosecuted by the real party in interest You have no legal or factual basis to support defense of privity You have no legal or factual basis to support defense that Plaintiff has failed to allege a valid alligation You have no defense to this lawsuit. The Request for Production of Documents and Notice to Produce to Defendant pretty much asks for documents to support all of the above facts, including: all correspondence sent to or received from plantiff all docs signed by you or plantiff all docs deemed by you to consititute a contract or agreement all checks/payments ... the list goes on, pretty much asking to make their case The Plaintiff's First Interrogatories to Defendant reiterate the deny/agree process. Ofcourse, I'm denying all the alleged debt. The account number they mention is NOT my account number. All of my other defenses were based on the information they included with summons. The bill of sale had a date of June '03. Should I use a blanket response or respond line by line to each statement?