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Hey, I was summoned by Stenger & Stenger about 2 weeks ago. I spoke with a rep on the phone, and they offered a 80% settlement. I asked her to send me paperwork to review. What now? 1. Who is suing you? Capital Alliance Financial LLC represented by Stenger & Stenger, P.C. in Grand Rapids, MI 2. For how much? about $1200 + filing fees 3. Who is the original creditor? HSBC - Best Buy 4. How do you know you are being sued? Summons 5. How were you served? Hand delivered to me on Feb 20, 2016. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? A few letters... but I never responded. Last letter came on August 6, 2015 7. Where do you live? Georgia 8. When is the last time you paid on this account? Never 9. What is the status of your case (if anything has been opened)? I don't know. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 11. Did you request debt validation before the suit was filed? No. 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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. Yes. 1. Defendant named resides in Fulton County... 2. Defendant is indebted to Plaintiff in the sums of $1,153.23.... 3. Wherefore, Plaintiff respectfully requests judgment against Defendant... 13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits? Plaintiff's affidavit Account statement Recent bill Assignment and bill of sale 14. What is the SOL on the debt? ???
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
Good afternoon everyone, I've had several mailings coming to my house over the last few days from local attorneys claiming I have a summons heading my way. After some digging into the Dallas Clerk's records I discovered that I am being sued by Portfolio Recovery Associates (Capital One debt). My SOL would have been aged through in 2 months, so I'm definitely going to have to fight it. I've done some research into the attorney handling the case and she has a record of letting things go to "Dismissal for Want of Prosecution". I'd say 85-90% of her credit card cases end with that ruling. Many others are dismissed with or without prejudice. Seems to me her plate is full with Banks suing Banks, etc. and she doesn't like to fight the CC suits. Probably only 1% has been decided in her favor based strictly on the failure of the defendant to "answer" in a timely manner, thus the plaintiff receives a default. I have every intention of fighting this suit so I'll be asking for help along the way. I appreciate the knowledge I've already aquired just from lurking the last few days and I look forward to winning my case.