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Hello everybody, I was served 6/21/2015 and had 14 days to reply to the lawsuit. My answer is due 7/6/2015. I currently have consulted with two attorneys near my area, and they both told me that it would be pointless to hire them because of their high legal fees(fees=2000, amount being sued for =2300) therefore they told me it was best to try to settle with the collection agency. I have tried calling the collection agency but since i currently just graduated college, i dont have the current high amount of money they are trying to get me to pay. So I'm going to try and mediate with them by answering their lawsuit. However I've been reading up on how to properly do this and mostly everything I come across says that everybody does it wrong and just ends in default. I was wondering if anybody would guide me in the right parts to trying to negotiate or trying to get this dismissed. Any help would gladly be appreciated. 1. Who is the named plaintiff in the suit? Barclays Bank Delaware 2. What is the name of the law firm handling the suit? Scott, Parnell & Associates 3. How much are you being sued for? 2220.18 4. Who is the original creditor? (if not the Plaintiff) Apple 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) Person by a Sherrif Deputy 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? Tried to settle before they sued, however would always get a voicemail 9. What state and county do you live in? Hidalgo, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jan 2014 11. What is the SOL on the debt? 4 years 12. What is the status of your case? To answer to the suit 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? No 15. How long do you have to respond to the suit? 14 days from 6/21/2015 We need to know what the "charges" are. Please post what they are claiming. "Plaintiff's claims are for Breach of Contract, Account Stated and/or Open Account" Did you receive an interrogatory (questionnaire) regarding suit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None
1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 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). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?