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Help please! Have gotten a "Summons" from Rausch Sturm for CapOne, and although I don't doubt that I owe them money, there is no case number as usually there would be if they had actually started a case, but just a listing of "Our File No." so am wondering if this is legit and if I should send an Answer. The 21 days is up this Thursday (3/9/17). Called county court clerk's office and nothing has been officially filed there. I have been out of work for past three years and just started a remote home-based job but getting paid extremely little (not even minimum wage). I don't have any assets other than a very old car. Have read other posts regarding Rausch Sturm and am wondering if I should put in Answer that they should send validation of debt, etc. I'm in ND and have looked at the statutes (N.D.C.C. 13-05-02 thru 13-05-06) but not seeing anything that can help me. Can anyone help with an Answer to them? Thanks in advance.
I was served with notice of suit by CitBank. Is for CC debt. Their Attorney is Rausch, Sturm, Israel, Enerson, & Hornick out of Dallas. Can Anyone help craft a response and tell me how to proceed? I redacted my name and address from the service receipt (that I had to scan at my home because server didn't have a copy to give me) and the Citation, before I uploaded them. If I understand what I have been reading, they can't file a credit card debt as Account Stated, so can I requested dismiss with prejudice to prevent a non-suit and then re-file? Is sending their attorney copy via fax acceptable if I have a the confirmation page? A little tight to pay for Reg Rtn Rcpt. Any help/guidance would be great. Thanks in advance, RichD
Thanks to the advice on this board! You guys rock!! We were served in June. We wrote a well-worded Response for Disclosure to the JBD (Pride Acquisitions LLC, using the law-firm Rausch, Sturm, Israel, etc in Texas). Well, the JDB just filed a Plaintiff’s Notice of Nonsuit on their $60K Credit Card claim against us -- we got it in the mail just four days before trial! I called the Court Clerk immediately and they confirmed the case is off next week’s docket, and will officially be dismissed as soon as the judge signs the Plaintiff’s Notice of Nonsuit. Woo-hoo!! The JDB is asking the judge to dismiss the suit WITHOUT prejudice. How can we get the judge to dismiss the suit WITH prejudice (or whatever legal term applies) so we can get this $60K claim to completely go away ... so we can eventually get it off our credit report? Thanks!