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  1. I was just served this morning with a summons and complaint and need advice on what I need to do next. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC Assignee of Wells Fargo Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch, Sturm, Israel, Enerson & Hornik LLC 3. How much are you being sued for? $600 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 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? Pretty sure 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't remember any from Portfolio Recovery but one letter from the law firm 9. What state and county do you live in? Nebraska Lancaster county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Credit Karma says in 2012 but I don't remember making any payments 11. What is the SOL on the debt? To find out: 5 years 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). There is no case number of court date so I don't think it has been filed 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 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 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? 30 days claiming that I got a credit card and failed to make payments 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Attached nothing
  2. Today I received a summons at 6:40 in the morning (that was a great wake up call). It stated I was being sued by Gurstel Chargo who were representing Razor Capital. They are suing us for a car that was repossessed in 2014. In the documents they showed the original contract, the letter stating it was going up for sale (no exact date or time just sometime after July 21) and that if j wanted to stop repossession I would have to call them to find out the amount of money. I had never received notice of any belongings I had or how to get them etc. fast forward apparently the car was sold late August and supposedly they sent me a deficiency letter 10 months later ( I never received it but it was attached in the court documents). The debt was sold at least 3 times according to the bills of sales attached to the lawsuit. This is a new situation for me and honestly I have no clue to go about it. Does anyone have advice for me?
  3. I recently got word that I was sewer served again by H&H. I haven't seen the summons yet however I'm anticipating that it will be exactly the same as the previous case. This one was about a month away from SOL. I'll keep this updated so others can learn the process. I don't expect to to have any questions this time around. For anyone who would like to see how confused I was by all this the first time, and a detailed account of how we got them to dismiss the case, here is the link to my other topic: John
  4. Hello everyone. Less than a week ago was served with summons and a complaint from CACH LLC. I have researched on how to fight this and have found a lot of good info from this forum. I have yet to answer this lawsuit. I am looking for any ideas or opinions on the best way to go about fighting this. If you have any info (links, forms, examples, defenses) that I can use, I would appreciate it greatly. Thank again. I can’t wait to get a conversation started and get this ball rolling. 1.Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? They might be watching 3. How much are you being sued for? $7000-$8000 4. Who is the original creditor? ELAN 5. How do you know you are being sued? I was served 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Debt Validation Letter 9. What state and county do you live in? Oregon/ Multhnomah 10. When is the last time you paid on this account? March 2011 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? Summons Served. Complaint Filed 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 14. Did you request debt validation before the suit was filed? Yes. I sent a debt validation letter (certified mail) to CACH LLC on 1/30/15. They received it but they did not respond, however I did receive a letter two months later from the law firm that is currently filing the suit against me. This letter did not contain the information that I specifically asked for in my debt validation letter to CACH LLC. 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? 30 Days to respond. (Served on 3/23/16) 1. Breach of Contract 2. Account Stated 3. Unjust Enrichment (What would be a good defense for this?) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No Evidence
  5. Hello, This place is fantastic, but I sadly forget 95% of what I have read between visits. I am unclear on how to respond and the best way to beat these guys. I'll spare you the story about how I tried to settle for up to 40% with OC and 20% with these bozos, but no dice. They tried to serve at the house, but got a relative and he didn't try to give him any documents. In late January (Approx 30th), the service by mail came. I have no date on the document for the service at all. My first reaction was, "this isn't service", but now I am concerned about summary judgement. It was filed at the end of December. I cannot settle for anything North of 30% right now. I have 9 dependents and my job is at risk. Any answers, links to great similar threads, or advice would be greatly appreciated. Thanks to all of you great posters!! 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) EMILY PIERCE (Bar #240084)/ JORDAN D COOK (Bar # 179720) / LORI N WILLIAMS (Bar #242985) / KRISTEN L BRINKEROFF (Bar #263579) PORTFOLIO RECOVER ASSOCIATES LLC, 4330 La Jolla Village Drive, Suite 310 San Diego, CA 92122 3. How much are you being sued for? $3,393.43 4. Who is the original creditor? (if not the Plaintiff) CITIBANK, N.A. / Goodyear (credit card) 5. How do you know you are being sued? (You were served, right?) Served by mail. Someone came by, talked to brother-in-law, but offered no docs. Later, received via mail (not certified, regular mail) 6. How were you served? (Mail, In person, Notice on door) In regular mail 7. Was the service legal as required by your state? I think so…California (El Dorado County) 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? California, El Dorado County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Approx. (+/- 1 month) 11. What is the SOL on the debt? To find out: August, 2012 (They filed in December, 2015) 4 Years 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). Served via standard mail about 35 days ago 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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 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? 30 Days + 10 days mail services (though I don’t know how they can prove anything) No one saw defendant, just standard mail. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Several Goodyear statements, including one with potentially the last payment.
  6. A 20 day summons from Capital One and Pollack and Rosen was left at my door regarding a possible debt. I did not sign this summons, and was curious if that will hold up in court? Also we have mediation set up for the end of this month and I am not sure what I should say or bring with me. I tried calling Pollack and Rosen today as well as Capital one. I explained to Pollack and Rosen that I never signed any documents and really wasn't served anything. I asked Capital one if there was a way to settle claimed debt with them and they said no. I did some research today and saw that it is a requirement for them to send me a 30 day notice 559.715 fla sta which did not happen. Thank you
  7. Hello folks, first of let me send out a thanks boy am I glad I ran into this site so much information, knowledge, and some pretty great folks all put into one place Awesome. Now to the not so awesome thing I was served a couple weeks ago and need to make a move as my 30 days will be up in the coming days (I know I should not have waited this long but I did have to deal with some pretty hard personal issues during these past weeks). So Calvary SPV is suing me as assignee of Citibank NA here in California for under $5,000 the summons includes a photocopy of a credit card statement (does this mean verified) I know my first thing to do is respond to the summons and ask for verification but would like to see if I can get a more detailed info on how to do that correctly and ask you members does a statement show proof of verification. Thanks in advance
  8. Hello everyone, so this morning my bother who is living with me accepted a Summons to appear in Civil Court regarding a Suit by Midland Funding LLC. They are stating that the debt is with FIA Card Services, which I never heard about, until I did some research and found out they are tied to BOA. I live in Tucson AZ, and from the research I did I do believe they are within the SOL. The account was 180 delinquent and closed May 2010 and the SOL here in AZ is 6 years I believe. They are saying I owe $7,370 and do not explain anything about interest or other fees. I am being sued on two accounts - 1. Breach of Contract and 2. Account Stated. They say I have 20 days to respond with an answer, and they did not include any evidence to this debt being mine. From my own research i do believe it derives from the BOA credit card I had. My husband I used that card to help pay for our wedding, and then my husband got out of the military during the Gov Job hold and we couldn't find a job. The card was then used to pay utility bills and food and we got in a spot where we had to let the card go. I'm now a stay at home mom with a 2 year old and have enough craziness in my life before this came. My husband and I were on a road to credit repair and now I was served with this summons. I have read a few posts in this forum, however, just seem a little bit lost and overwhelmed. We don't have the kind of funds to pay $7,370 and don't want to file a BK considering we have been working on improving our scores. Any help would be much appreciated. I see people answering these questions so thought I would do the same. 1. Who is the named plaintiff in the suit? Midlund Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law firm out of scottsdale 3. How much are you being sued for? $7,370 4. Who is the original creditor? (if not the Plaintiff) Fia Card Services - formally BOA 5. How do you know you are being sued? (You were served, right?) My brother accepted these papers at the door. 6. How were you served? (Mail, In person, Notice on door) In person, to my brother, for me . 7. Was the service legal as required by your state? I'm not sure 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 9. What state and county do you live in? Arizona, Pima county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 2009 11. What is the SOL on the debt? To find out: 6 years 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). I've just been served at this point and nothing else. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, we got in spot where we couldn't pay and have never heard anything from BOA or Fia Card Services 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. 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? 20 days. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - There is nothing. No affidavit, no contract, nothing. Any words of advice would be great. I contacted my sisters BK attorney who was of no help, he just stated that I should call and try to settle, or file BK. Thank you so much for taking the time and reading this post.
  9. Hi I was recently sued by Unifund CCR, LLC for a credit card debt. I answered their summons . Now i received document for interrogatories. I was not quite sure on how to respond back to the specific questions below which ties back to the Answer that i replied back to the summons. Would greatly help if any one could help me explain what exactly they mean and template to answer. I received the same question for 12 of my affirmative Defenses. With respect to the First affirmative defense alleged by you in answer to the plaintiff’s complaint, please set forth: I. “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense II. As to each such person, state his/her name, last known or present address, telephone number. III. State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge. IV. “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates. Attach hereto a copy of each “document”. Incase you wanted to know my Affirmative defense they are as below : 1. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff. 2. Defendant denies the allegations as there is not, nor has there ever been any agreement, written, oral or implied with Plaintiff and Defendant. 3. Plaintiff’s complaint fails to allege a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff’s complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide. 4. Plaintiff’s complaint further fails to allege that the assignor even has knowledge of this action or that the assignor conveyed all rights and control to Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against Defendant. 5. Plaintiff has not proven that they are authorized and licensed to collect claims for others in the state of New Jersey, solicit the right to collect or receive payment of a claim of another. 6. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, Section 807(2), 15 U.S.C. § 1692e(2)from collecting interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify if such interest is allowed. 7. Defendant claims accord and satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits from the Plaintiff. 8. The Plaintiff has failed to reference with complaint proof of alleged assignment, original contract signed by Defendant, account numbers, accounting measures to come up with such sum, lack of bona fide proof this alleged debt is indeed Defendant’s. The complaint does not disclose this information and it cannot be assumed without creating an unfair prejudice against Defendant. 9. Failure to state a claim upon which relief can be granted. 10. Plaintiff’s complaint violates the statute of frauds as the purported contract or agreement falls within a class of contracts or agreements that are required to be in writing. The purported contract alleged in the complaint was not in writing and not signed by Defendant or by some another person authorized by Defendant and who was to answer to the alleged debt, default, or miscarriage of the other person. 11. Plaintiff’s complaint is time-barred by the applicable statute of limitations on credit card debt in the state of New Jersey 12. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.
  10. **I called the attorney to ask if there was a court date set. She said she is a legal agent who works on behalf of the Lawyer's office, this is an attempt to collect a debt, etc. She offered to settle the debt and take court fees off, and offered a payment plan. I did not acknowledge that the debt was mine or take her offers. I said I would be in touch, but did not affirm anything or that I had ever had an account with Discover. I plan to file a Chapter 7 soon, but I'm trying to research as much as possible to be sure I'm prepared. I have very little property and very little income (my income has changed drastically since last year; hence, my unpaid bills). I'm thinking the best option is to file a motion to dismiss because the plaintiff provided no evidence in the complaint? I have no clue where to start, so if anyone has any thoughts, or a template or link to something similar to my situation, it would be very helpful. Thanks so much. 1. Who is the named plaintiff in the suit? Discover Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lloyd & McDaniel, PLC 3. How much are you being sued for? $1,645.54 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served by Sheriff's Dept 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None (I may have called before becoming delinquent, to request payment assistance or arrangement. I do not recall which companies I contacted, but I believe I contacted Discover and was told there was no way to arrange for any relief from my monthly payments, in spite of my financial hardship). No correspondence once account became delinquent, except to call and request that they not contact me at work. 9. What state and county do you live in? Kentucky, Jefferson County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2014 11. What is the SOL on the debt? To find out: 5 Years, 3 in Plaintiff's state 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 filed in district court, case number provided on summons 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 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 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? 20 days (currently at day 4 or 5) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. no evidence. No account number. Name and address and last four digits of my ssn, but no other evidence that I have any account. One piece of paper that states complaint: Plaintiff, by counsel, for its cause of action against Defendant states as follows: 1. The Defendant is indebted to Plaintiff in the amount of $1,645.54 2. Venue is proper with this court based on the Defendant residing in Jefferson County. Wherefore, Plaintiff respectfully requests the following relief: 1. Judgment against the Defendant in the sum of $1,645.54; 2. For Plaintiff's costs herein expended; 3. For any and all other relief to which the plaintiff may be entitled pursuant to contract, statute, or common law. That's all it contains. Just the Civil Summons cover page notifying me of the legal action, and the above copied Complaint.
  11. Hello everyone, Can someone please advise me on what I should do. Thanks Rob scan.pdf
  12. What do we do now?? My wife is being sued and I just got the summons a few days ago, but they filed in April 2015, because we moved to a new address and just received our old mail, which included this summons. So we have done nothing and the summons date is listed for June 24th 2015 which is 3 weeks away. Any help or advice will be greatly welcomed! 1. Who is the named plaintiff in the suit? DISCOVER BANK 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) GLASSER AND GLASSER, P.L.C - NORFOLK VIRGINIA 3. How much are you being sued for? 2,053.95 AND $56 IN FEES$ 4. Who is the original creditor? (if not the Plaintiff) DISCOVER 5. How do you know you are being sued? (You were served, right?) RECEIVED SUMMONS FROM OLD ADDRESS WEEKS AFTER IT HAPPENED. 6. How were you served? (Mail, In person, Notice on door) MAIL - FORWARD TO NEW ADDRESS 7. Was the service legal as required by your state? YES 8. What was your correspondence (if any) with the people suing you before you think you were being sued? US Mail 9. What state and county do you live in? Virginia 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2014 11. What is the SOL on the debt? To find out: 2017 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). Note sure, I have searched by have not located it. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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 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? Does not say, it only says to dispute this claim show up on date listed, which is June 24th 2015 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 1 Statement for January 2015.
  13. Good Evening, I am BrokeBaker: I accumulated debts when my mom died a month before I opened a bakery. Since closing that business 3.5 years ago, I'm still underemployed/unemployed, and I've watched my bills grow and grow while trying to get from underneath them and also not ending up homeless. Tonight on March 27th, 2014, when I got home, my roommate handed me a summons that he received for me. I am being sued! This girl is very scared, very overwhelmed. I've spent the last 3 hours reading through the forum, and there are a lot of relevant cases to mine (Homeless in California to name just one). But there is so much information and I'm not sure what to do or what the sequencing is. I'm utterly overwhelmed. Is there anyone out there who can help me make sure I have my immediate plan of action clear? Step 1: Respond! I know that I need to file an answer to this summons within 30 calendar days from the date I was served. So, I need to provide a written response by April 25th, 2014. Because my roommate was served and not me, I may actually get an extra 10 days to respond. (1) Can I mail my response to the summons? The suit was filed in a courthouse that is about 30 miles away from where I live, so I wonder if I can "answer" this lawsuit via certified mail, or if I need to go to the courthouse. Anyone know the answer to that?. (2) Affirmative Responses/Defense: In my response to the summons, do I need to write a word document or do I need to complete an official Court Form? I'm not sure if there is a template or legal required form. I know that I need to provide a written response to the summons with my "affirmative defense". I know that if I don't list them in my response, I cannot use them in my defense later. How do I decide all of the affirmative responses that I can use? What are some common options? From what I read, here's what I think: Statute of Limitation: I haven't made a payment on this account since at least 2009, which means this is outside of the statute of limitations (SOL). SOL in California is 4 years, I just learned on this excellent forum.What affirmative defense relates to this? Is this "Lack of Standing"? I'm being sued by a Law Firm on behalf of Asset Capital Recovery Group (ACRG), but the cause of action says that I became indebted to Chase Bank. I have never had an account with Chase Bank. But, I know I had a Washington Mutual Account, and Chase Bank purchased Washington Mutual (which is now a defunct bank). I don't even know if ACRG or Chase has written record of this debt, and I don't know for sure that ACRG can represent Chase to sue me as they have provided no paperwork or documentation. What affirmative defense would cover this scenario, if any? ​(3) When Do I File CCP96?: I now know that California Civil Code 96 [form found here: http://www.courts.ca.gov/documents/disc015.pdf] is my request to the Plaintiff basically saying "I want to know who your witnesses are and what evidence you have that I owe this debt, and what signed copies of the contract do you have saying I agreed to this debt". When do I file this form? Do I file it with the courts at the same time I respond to the summons? (4) Is CCP 96 related to BOP? When do I serve the plaintiff with the Bill of Particulars (BOP)? Again, this is a question of sequencing. I do have a lovely word document template I obtained from one of the forums here. (5) I see a "General Denial" form. [http://www.courts.ca.gov/documents/pld050.pdf] Do I need to submit this? And if so, what is the sequence? (With the answer to the summons?) (6) When do I send CCP 98? Again, this is a question of sequencing ----------Any information you all can provide would be incredible appreciated. I can bake an amazing cake, but I have no head for all of this legal stuff. I know I wrote a lot, but I"m trying to be thorough and clear------------ If it's helpful, I'm attaching my case below since I've seen this modeled on other posts: This is my case: 1. Who is the named plaintiff in the suit? - Asset Capital Recovery Group, LLC a Limited Liability Company 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Law Offices of Kenosian & Miele, LLC 3. How much are you being sued for? - $11825.17 + legal fees 4. Who is the original creditor? (if not the Plaintiff) - Chase Bank USA 5. How do you know you are being sued? (You were served, right?) - Summons served 6. How were you served? (Mail, In person, Notice on door) - summons was given to my roommate while I was not at home. 7. Was the service legal as required by your state? - Yes as far as I know. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - I received a collections call on the matter and when I said I couldn’t make payment arrangements at the time given that I am unemployed, I was told that I would be sued in court. 9. What state and county do you live in? - California, Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - They don’t list this date in the summons, but it does list 12/9/2010 as a date that a 10% annual interest on the debt began accruing. The last time I paid a bill for Washington Mutual (which became Chase Bank) had to be late 2009. I certainly didn't make a payment on 12/9/2010. 11. What is the SOL on the debt? - 4 years in California 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) - Complaint filed: 03/18/14; Summons & Complaint served: 3/26/2014 - General denial (PlD-C-010 form): not filed yet - Plaintiff's RFA, Special Interrogatories, and RFP not filed/served yet - Defendants Answers to RFA, Special Interrogatories, and RFP not filed/served yet - Defendant's RFA, Special Interrogatories, and RFP not filed/served yet - Plaintiff's Answers to RFA, Special Interrogatories, and RFP not filed/served yet - MSC scheduled for n/a - Trial scheduled for n/a 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No 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 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. - 30 days (possible 40 given that I wasn’t personally served the summons) 16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. - Contract Rule 3.749 collections. One cause of action “common counts” 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. - Yes, the complaint is verified. The person is a managing member of Asset Capital Recovery Group, and not Chase Bank USA. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? -No, I do not believe do. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. -There is no evidence with the summons or complaint. ---
  14. I am helping a friend in Florida that is being sued over credit card debt by a junk debt buyer. This is causing her a great deal of trouble and stress and she wants it to end as soon as possible. The JDB has put together a flawed, poorly executed case with a lot of mistakes. Bad enough that she should win the case they have filed. She wants to put most of her defenses and most of her evidence in her first contact with the court, the summons answer, hoping to get a dismissal with prejudice or a summary judgment in her favor. I am not sure that there is even a chance that that can happen, perhaps only a clerk will look at it to set a court date. But it will show the JDB their mistakes giving them a chance to correct them, and give them an advantage by knowing what her defense will be early on. She is thinking that if she puts enough evidence in her answer, the judge will look at it all and see how bad their case is and make it go away before it goes any further. I am afraid if the judge sees to much there he will decide it is a matter to be determined at trial before he really looks into any of it. How many pages and how much evidence is too much? Many of the summons answers we have looked at are pretty minimal. I am thinking the middle ground might be best. A brief outline of all the weaknesses in the case to tempt the judge into checking the plaintiffs allegations and exhibits if he desires to and perhaps act then and there. Enough to let the JDB know they won't have an easy time of it so maybe they aught to drop it right there and go chase a default judgment somewhere else, but not enough to tip her hand too much. There are many examples showing a minimal summons answer, but what is a best answer like? Thanks, -FoF
  15. My husband is being sued by CACH and was served today. The court date is next Wednesday, October 8th. Will we be able to request the date be moved to a later date? A week is not really sufficient time to find an attorney and figure out what to do. The summons does not say anything about having x number of days to file a resonse. It just states the pretrial date next week. Any advice would be greatly appreciated while we figure out what attorney to call etc.
  16. I was served about a week ago and discovered that Cavalry SPV is suing me for a debt they bought from my old credit card with Chase. The balance I'm being sued for is $5,450.53. The account was charged off on 7/2/2010. I lived in California when I opened the account (in '07), then in Washington state at the time of the charge-off, and I now live in Tennessee (and have for the past two years). I understand that the SOL with Chase is 3 years because they're based in MD, but I'm not sure how my state of residency and my moves affect that timeline. Trying to figure out my best course of action. I already had gone through the validation process with a different JDB on this same debt and that got rid of them. However, this is my first time actually being served/sued. I have had no correspondence with Cavalry yet. My court date is November 21...so I need to figure out my response. I'd be willing to settle if absolutely necessary...I guess I'm trying to figure out if I have enough ground to stand on to fight it. Would greatly appreciate any advice/insight. Thank-you! ----------- Here is what the Summons says: State Of Tennessee, County Of Davidson Plaintiff: Cavalry SPV I, LLC as assignee of Chase Bank, N.A. (WAMU) c/o Christopher Conner, P.O. Box 5059, Maryville, TN 37802-5059; Telephone (865) 984-1268 Defendant: (my name and address) To Any Lawful Officer to Execute and Return: Summon (my name) to appear before the Metropolitan General Sessions Court Of Davidson County, Tennessee, to be held in (courtroom and address), Nashville, Tennessee, on November 21st, 2014 at 8:45am, then and there to answer in a civil action brought by the Plaintiff(s) for: payment not received in the amount of $5450.53 plus interest and attorney's fees, if applicable, as evidenced by the Sworn Account or Affidavit attached hereto and the costs of this action less any payments received plus expenses as they continue to accrue under $25,000. ------- Here is a copy of the Affidavit of Claim. -------- AFFIDAVIT OF CLAIM STATE OF NEW YORK COUNTY OF WESTCHESTER RE: Cavalry SPV I, LLC, as successor to Chase Bank USA, N.A. (WAMU) vs. (my name) I, (Cavalry employee's name), being duly sworn on oath, depose and say: 1. I am employed by Cavalry Portfolio Services, LLC ("CPS"). CPS performs collection services for Cavalry SPV I, LLC ("Plaintiff"). I am an authorized agent for Plaintiff and am a competent person more than eighteen years of age. I am authorized to make this affidavit for Plaintiff. 2. I am familiar with the manner and method by which CPS and Plaintiff create and maintain business records pertaining to the Account as defined below. 3. In the normal course of business, CPS and Plaintiff maintain computerized account records and documents for account holders. CPS and Plaintiff maintain such records in the ordinary and routine course of business and it is their regular business practice to accurately record any business act, condition or event onto the computer record maintained for the accounts, with the entries made at or very near the time of any such occurrence. 4. I have access to an have reviewed the applicable records of CPS and Plaintiff as they relate to the Account, and I make this Affidavit based upon information from that review Information contained in those records reflects the following: a. That the Account was purchased by Cavalry SPV I, LLC on or about 07/02/2013. The original creditor is Chase Bank USA, N.A (WAMU). b. That the Defendant, (my name), the account holder(s), opened an account on 05/28/2007, which account was charged off on 08/31/2010 (the "Account"). c. That as of 08/19/2014, the records of CPS and Plaintiff show that the defendant owed a balance of $5450.53. d. That the Defendant is not an infant or incompetent. 5. Based on a review of the Department of Defense database, the Defendant is not a member of the United States Armed Forces who would be entitled to stay relief. 6. I certify under oath that to the best of my knowledge the above statements are true and correct. Subscribed and sworn to before me on 09/11/2014 (Legal Administrator's and Notary Public's signatures)
  17. So, I was served yesterday... --------------------------------------------- 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.) Kenosian and Miele 3. How much are you being sued for? $2,XXX.XX plus interest, plus attorney's fees, plus cost of suit, plus other such relief as is fair 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Summons delivered at door (my boyfriend got it, since I wasn't home) 6. How were you served? (Mail, In person, Notice on door) Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? The first letter on 01/22/13, I sent a DV letter within 30 days, in response they sent a copy of statements from 2009 on 4/29/13 (and the amount on the statement was different than the amount they are trying to collect), then they sent the intent to sue on 5/15/13. 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Per the complaint, 11/2009 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Case intake and summons 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No but I probably should have. 14. Did you request debt validation before the suit was filed? Yes 15. How long do you have to respond to the suit? (This should be in your paperwork). 30 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? The only thing is a note of Verification from the Attorney (Miele) of Unifund that all statements in the compliant are true and correct. And it is not signed. The verification reads: I am the attorney for the plaintiff...., a party to this action. Such party is absent from the County of Los Angeles where attourneys have their offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed under the laws of the State of California at Los Angeles, CA on May 15, 2013. Then is says signature (but it's not signed) and his name. --------------------------------------------- I know the next step is to file a sworn denial. A very similar case was posted and the question came up as to whether a general denial would be enough? Does anyone have insight to this? ...29 days and coutning to file my denial (and do it right). Thanks in advance for your insights!
  18. My Sister was served around a month ago by Wells Fargo attorney Rory W. Clark. for alleged credit card debt incurred by my father, who died on December 10, 2012. The amount is $13k I am about to try and answer the suit and also request a bill of particulars but before I do that I want to know if she was served properly. Notice to defendant reads as follows on the summons: (Sister's name), as successor trustee of the (Deceased's Name) Separate Property Living Trust dated December 7th, 2006 and DOES I through X, inclusive. The filing debt is November 27, 2013. However, the trust was changed just prior to his death. My sister and I are now listed as Co-trustees, yet I have not been sent anything or ever called by Wells Fargo. How should I answer the suit? I fear I may have run past 30 days. I need to fight this because: 1st, I have no idea if the debt is truly my fathers, and 2nd the trust does not have $13k available to pay it. Thanks in advance for advice you can provide. Leo
  19. Hi everyone! I was served about 25 days ago by CACH LLC. Originally, I thought that the collection on my credit wasn't mine, so I disupted it and it was deleted. . I was able to hire an attroney that will send them a letter as a response to the judgement. He doesn't think that he can win alleging lack of standing or proof that I owe the debt. He thinks that he should pursue the SOL defense more. The original creditor was Bank of America (allegedly), the terms and conditions were likely from Delaware. My attorney thinks that he can get this case dismissed because that the agreement was made with Delaware with the choice of court, and their SOL is only 3 years, as opposed to the 6 year SOL in Oregon.
  20. I received a summons last week and I need to respond, but after reading so much on this site, I still am confused and need some help, please. I am being sued for $1600 from Attorney, Robert Scott Kennard, representing National Credit Adjusters, LLC collection agency, the papers were filed in San Bernardino County Civil Court, CA on 6/10/13 and were served to my daughter in law on 8/20/13. I am disabled and my income is limited to SS benefits, so I cannot afford an attorney. 1) The most important question I have is, am I responding to the 2 page "Complaint-Contract", or to the 1 page "Cause of Action-Common Counts"? I believe I should be answering the Cause of Action because of the nature of the content, but the instructions on this site indicate to respond to the Complaint. 2) Is there a legal form I need to use to file my response or do I just type it up on regular paper? 3) I think the Statute of Limitations applies for me, but am not sure. According to my credit report, the last payment for this creditor was 6/2009. From 7/2009 on, my report shows 30, 60, 90 120, all the way to Charge Off. From what I understand, the "open Book Account" rule (which the court papers say this is) for CA is 4 years, but is that from the last purchase or the last payment? And if it's from the last payment of 6/2009 (actual date unknown) and the court papers were filed on 6/10/2013, how do I know if it's a few days shy, or a few day over the 4 year mark? 4) If I do site the Statute of Limitations, do I still deny the said charges as unclear? The papers say Sterling Jewelers, which I am assuming is Jared Jewelers, and to be honest, I have no idea what I owed them when I became disabled and had to stop paying because my income became very limited, but the amount owed to Jared on my credit report matches with the amount I am being sued for. Please if anyone can help me, I would be eternally grateful. I am very willing to provide any and all information needed for assistance. Thank you!
  21. Hello everyone, I am being sued for CC debt by Midland and need some help (even after reading bmc100's thread and tons others), it mostly pertains to the answer. I want to thank you in advance for your help! I would love to put together a form for every step of my Michigan suit, so others could simply enter their information and tune some of the responses to their particular case. Hopefully that would lift some burden off anyone sued in the future. I have attached the entire complaint (edited of course) and listed a google drive location below where you can view it Link: Removed until fully edited Basically I'm not sure if this is account stated or breach of contract. I'm leaning towards breach of contract, but I'm not sure. Complaint: 1. The plaintiff is the owner of the within credit card account through Purchase, bearing account number XXXXX. 2. By use of the account, the defendant became bound by the terms in the credit card agreement. The existence is established in the exhibit attached hereto as Exhibit A. 3. The plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff. 4. That there is now due and owing to the plaintiff by the defendant, the sum of $1500ish on said credit card agreement. 5. Although demand has been made upon the defendant to liquidate the balance due and owing, the defendant failed to do so. I don't see an affidavit in here dated even close to the summons date. If none, do I file a MTD or MSJ? I’d like to just get a PTD at a reasonable price so it is removed from reporting. If it is breach of contract, did they need to attach the contract? They one have the front and back of a statement! If it is account stated, Here are my current Answers and Defenses: 1. Denied: Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "the credit card" and "the account." 2. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 3. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 4. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 5. Denied: This request calls for admission of matter defendant has denied and thus it is improper. AFFIRMATIVE DEFENSES (Should I use this? Do I need to list a defense for each complaint item?) As and for a Defense The plaintiff has failed to provide legal evidence that they are legally entitled to collect the debt. I will add the certificate of service. If it is Breach of Contract, I really haven't seen any answers. So i could use some help. Questions Summarized Breach of contract or Account Stated? ACCOUNT STATED Is there an affidavit? NO Should I file an Answer, MSD, or MSJ? Is my answer good and complete? Or should I just use an Affirmative Defense? Should I attach an affidavit? 1. Who is the named plaintiff in the suit? Midland Fundling LLC 2. What is the name of the law firm handling the suit? Weltman 3. How much are you being sued for? $1500ish 4. Who is the original creditor? Midland Fundling LLC 5. How do you know you are being sued? Summons 6. How were you served? In person, at home 7. Was the service legal as required by your state? Yes 8. What was your correspondence with the plantiff before you think you were being sued? Calls I think, but I'm not sure. 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? I don't recall 11. What is the SOL on the debt? SOL is 6 years I think, the debt is not older than 3 years. 12. What is the status of your case? Suit served? Motions filed? I have until Friday to file an answer o MTD. 13. Have you disputed the debt with the credit bureaus? No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? I have until Friday to file an answer or MTD. 16. What evidence did they send with the summons? The entire complaint is on a google drive that is viewable in PDF here: Removed until fully edited Again, I thank all of you in advance for your help and comments. I apologize if there is a thread that I missed, I have been searching this site for a little over 2 weeks.
  22. I owe $10,800.00 to Amex for a year now and the other day I received a Summons/ Complaint from a law firm representing Amex. I am supposed to give an answer within 20 days. I live in FL. Please advise as I am still in shock. I believe from what I read throughout those forums that I have to send a letter of Election of Arbitration then file MTC and other documents needed.
  23. I am new to all of this, I have started reading and Ill admit I am confused. I seek guidance, basically where to start. I know that I need to "answer" the summons but as to the how and what to say currently escape me. I am hopeful the with your guidance and my own research I will be able to navigate through this storm. On to the Questions, 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Unknown, Signed by a "Catherine M. Hedgeman, Esq" Dated 9/30/2013 This looks them: http://www.hedgemanlaw.com/ 3. How much are you being sued for? $1200.00+ 4. Who is the original creditor? (if not the Plaintiff) GECRB/Amazon 5. How do you know you are being sued? (You were served, right?) Wife was served the summons (for me) 6. How were you served? (Mail, In person, Notice on door) Summons served in person (to my wife as stated) 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Yes - Called Court to confirm summons 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? New York State, Albany County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Feb. 13th 2012 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts Feb. 13th 2018 (6 Years in NYS) 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). Summons only, no Motions filed 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No & No 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 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 20 days to answer the summons 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. "Statement of Account", a Notarized Affidavit, a Certificate of Conformity, and 3 copies of the same "Bill of Sale" (each with a space for 6 signatures, 1st has 3 signatures (same person) and not dated, 2nd has 1 dated signatures, and the 3rd has 2 dated signatures) Thank you all in advance. C
  24. Let me start with a big thank you to all who contribute to this forum. Next, I will answer the 19 questions: 1. Who is the named plaintiff in the suit? - MIdland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Hunt & Henriques 3. How much are you being sued for? - $2200 + 4. Who is the original creditor? (if not the Plaintiff) - Chase (Washington Mutual) 5. How do you know you are being sued? (You were served, right?) - Summon served 6. How were you served? (Mail, In person, Notice on door) - In person 7. Was the service legal as required by your state? - Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - They had sent a dunning notice - I requested DV they complied within statutory time. - They sent an intent to sue letter - I replied that I would seek ARb through JAMS - They initiated negotiations for mutual seetlement (i offered $900) they wanted $1000 - Received summons in the middle of negotiations (yesterday afternoon) 9. What state and county do you live in? - California, Fresno 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - October 2011 11. What is the SOL on the debt? - 4 years in California 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) - Complaint filed: 07/10/13; Summons & Complaint served: 02/09/13 - Summons Filed 07/22/13 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - Yes 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.) - Yes 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. - 30 days (10/02/13) 16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. -I am not sure I believe it is Breach of Contract, Common Counts. what seems to be the complaint shows Complaint-Contract. I have a copy of it below. - It also says something about Rule 3.740 Collections - Under "Cause of Action - Common Counts" CC1(a1&2) (b1,3,4,5) CC2 $2288.39, CC4 Other: Plantiff Purchased The account from the original creditor .... 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. - No. The complaint is not verified. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? -No 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There is no evidence with the summons or complaint. Any advice? Summons.pdf
  25. Hi, I just received a summons by registered letter and I really am confused by what I need to do next. I read through the site, but there is so much information here I am not sure what my next steps should be. I found the list of 20 questions (but there were only 19) and have posted it below to try and wade through some of the preliminary information. Please help if you can. 1. Who is the named plaintiff in the suit? Capital One Bank LLC, C/O Cheek Law Offices LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Cheek Law Offices LLC 3. How much are you being sued for? $1573.94 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank 5. How do you know you are being sued? (You were served, right?) I received a registered letter with the summons. This is the first notice of any kind I received. I never received a letter from the attorney's office. 6. How were you served? (Mail, In person, Notice on door) Mail – registered letter 7. Was the service legal as required by your state? Yes, as far as I know. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received a letter from Capital One on 3/2013 and 5/2013 stating my debt was in default and I needed to pay before legal action was taken. No prior correspondence from law firm except for two phone calls received while I was not at home. No message was left. I only saw the caller ID for missed calls. 9. What state and county do you live in? Lake County, Ohio 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 6/2012 11. What is the SOL on the debt? Ohio has 5 years, I think. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or ( b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Status is complaint filed and summons served. No other status available at this time. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes – in process 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 was not aware of a lawsuit until I received this summons. I had already spoken with Cheek Law Offices prior to receiving the letter when I returned their phone calls. They advised me I would be getting the summons. 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. I have 28 days from the receipt – which gives me until 10/10/2013. 16.We need to know what the "charges" are. Please post what they are claiming. Complaint letter states: “ 1. Pursuant to the statement attached hereto Defendant(s) owes Plaintiff the sum of $1573.94 as a result of Defndants non-payment of Defendants obligation to Plaintiff under account number XXXX. 2. Defendant(s) is in default of the obligation to pay said balance and the same is now due and owing. WHEREFORE, Plaintiff prays for judgment against Defendant(s) in the amount of $1573.94 plus post-judgment interest at 3.00% per annum, plus costs of this action.” 17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. There is no verification letter, but they attached a copy of the last statement dated 01/01/2013. 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? No 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. As previously stated, they attached a copy of the January statement, and a print out of “Capital One Cycle Facsimile Report” for the same date.
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