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  1. **I called the attorney to ask if there was a court date set. She said she is a legal agent who works on behalf of the Lawyer's office, this is an attempt to collect a debt, etc. She offered to settle the debt and take court fees off, and offered a payment plan. I did not acknowledge that the debt was mine or take her offers. I said I would be in touch, but did not affirm anything or that I had ever had an account with Discover. I plan to file a Chapter 7 soon, but I'm trying to research as much as possible to be sure I'm prepared. I have very little property and very little income (my income has changed drastically since last year; hence, my unpaid bills). I'm thinking the best option is to file a motion to dismiss because the plaintiff provided no evidence in the complaint? I have no clue where to start, so if anyone has any thoughts, or a template or link to something similar to my situation, it would be very helpful. Thanks so much. 1. Who is the named plaintiff in the suit? Discover Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lloyd & McDaniel, PLC 3. How much are you being sued for? $1,645.54 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served by Sheriff's Dept 6. How were you served? (Mail, In person, Notice on door) In Person 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 (I may have called before becoming delinquent, to request payment assistance or arrangement. I do not recall which companies I contacted, but I believe I contacted Discover and was told there was no way to arrange for any relief from my monthly payments, in spite of my financial hardship). No correspondence once account became delinquent, except to call and request that they not contact me at work. 9. What state and county do you live in? Kentucky, Jefferson 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 2014 11. What is the SOL on the debt? To find out: 5 Years, 3 in Plaintiff's state 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). Suit filed in district court, case number provided on summons 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? 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? 20 days (currently at day 4 or 5) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. no evidence. No account number. Name and address and last four digits of my ssn, but no other evidence that I have any account. One piece of paper that states complaint: Plaintiff, by counsel, for its cause of action against Defendant states as follows: 1. The Defendant is indebted to Plaintiff in the amount of $1,645.54 2. Venue is proper with this court based on the Defendant residing in Jefferson County. Wherefore, Plaintiff respectfully requests the following relief: 1. Judgment against the Defendant in the sum of $1,645.54; 2. For Plaintiff's costs herein expended; 3. For any and all other relief to which the plaintiff may be entitled pursuant to contract, statute, or common law. That's all it contains. Just the Civil Summons cover page notifying me of the legal action, and the above copied Complaint.
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