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Being sued but, not served yet
StartingOver85 posted a topic in Is There a Lawyer in the HouseHello, I just found out from my mom that two different process servers have been to her house to serve me. I moved out about 3 months ago ( I have not done a change of address) so she tells them "No one by that name lives here". So I can only assume that may be the reason they do not leave the court papers at the door, and it may also be that she answers the door through the RING doorbell. I live in Little Rock, AR, so I was able to find the summons and complaints online. I found out that Midland and PRA are suing me for two credit cards I defaulted on when I was laid off my job. I just checked my credit report, and all it states is that it was "Charged Off" and not sold. The evidence that they submitted is a bunch of card statements with NO account numbers on them, and also some notarized document stating that, and i am paraphrasing "Someone who works for PRA is a record keeper, and is telling the truth that I OWE them this debt" So I am needing some advice on what to do, I do want to answer the lawsuit, but I am at a lose on what to do. Don't they have to prove that they really bought this debt? Oh also want to add that my sister is being sued by some lawyers who claim to represent Capital One. She also looked at her credit report and it states that it is charged off.
Hello... I just got served last night and still nervous as a jay bird. Any help is appreciated 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.) Portfolio Recovery Associates, LLC Jennifer P Sanders 120 Corporate Blvd Norfolk, Va 23502 3. How much are you being sued for? $4249 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank / Walmart 5. How do you know you are being sued? (You were served, right?) Right...served at home 6. How were you served? (Mail, In person, Notice on door) In person at front door 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 that stand out...I normally dont talk to them...maybe a few letters and hang up phone calls 9. What state and county do you live in? Arkansas and Greene 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 2013 11. What is the SOL on the debt? To find out: 3 to 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). Just got served last night 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Couple of months ago I disputed it with equifax. Somehow they confirmed it without showing anything and equifax wont help. 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. They sent a summons with 6 pages attached....I will upload scans for viewing 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Summons, complaint, Affidavit, Bill of sale, Status report for civil relief act and last statement