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  1. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Weber Olcese 3. How much are you being sued for? < $10,000 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) Yes. Served, Sumons and Complaint as well as MSD and I am trying to file an opposing MSD. Case has been adjourned 4 times. Next hearing in about 30 days. 6. How were you served? (Mail, In person, Notice on door) Summons and complaint in Person around July 1, 2013, Served MSD via Mail around October 2013, Served Discovery Requests/Admissions via mail around Jan 1, 2013- (They said it was their second time serving me) 7. Was the service legal as required by your state? Yes. 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, It's not my debt I believe it is fraud. 9. What state and county do you live in? Michigan, Wayne County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never Paid on it though their records show there was a small payment made in July of 2009 11. What is the SOL on the debt? To find out: 6 years Statute of Limitations on Debts 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). Hearing scheduled later this month. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)Yes. I have recently mailed a letter dispting the debt to the collection agency, attorney on record and alleged original creditor. They have responded with the original summary statement included in the original Summons and Complaint. They did not produce a Signed credit application, Signed Purchase receipts, Original signed credit contract, Not even one detailed credit card statement, and no phone number that authorized use of the credit card. I asked for those things in that order. 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 did not know about the debt until te suit was filed. Which was in Late June of 2013. 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 responded in a timely manner and we are on our 4th visit to see the Judge for an adjourned MSD Late February. I need to know how to properly file an opposing MSD and whether I need to try to subpoena documents. I have just sent in answers to their first set of Discovery requests, admissions, interrogatories and documents to produce. I can copy and paste if needed. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent an affidavit of account assignment from alleged original creditor, They sent a copy of a credit card statement dated Feb, 2009 with the Summons and Complaint. After I asked for discovery, Original signed application, contract, and purchase receipts as well as all cancelled checks for payments made, They sent the 1) same statement, 2)along with a computer print out of a screenshot of a payment that was allegedly made under my name and my SS# an address I never resided- which is reflected on the Statement as well, 3) And an affidavit from the alleged original creditor as to a Bill of Sale, 4) and an affidavit from one of the collection agency's employees stating that the said account is true and accurate to their knowledge. 17. Read this article: OK. I have lots more information to provide, i.e. the last things I filed, I can paste it in a reply to this stream. Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ====================================================
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