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Hello, i hope all is well. I'm writing this post today to ask for advice from anyone that has knowledge about or experience with JDB's or even with Unifund/Kenosian for that matter This past weekend i received this letter in the mail from Kenosian and Miele on behalf of Unifund CCR, LLC. The letter was dated 8/9/2019, today is 8/19/2019. I've been digging through the internet for as much information as possible but i still would like an experienced outside opinion as well. Should i dispute? Should i prepare myself to go to court? I haven't been summoned as of right now but i want to be proactive about this and acquire as much knowledge as possible. This is my first time encountering a JDB and i just want to make sure i'm taking the right precautions before i make any decisions. Thank you for your time. Hope someone can help.
I could sure use your opinions. I need to file disclosure not sure how extensive or really what this means being the defendant. I have read "beergoggles", "Harry Seaward" and "AZ Piano Lady 14" threads: Very helpful, yikes so many motions and procedure. I'm still unsure on disclosure. Also, considering whether or not to hire an attorney, worried about the amount if I lose. 1. Who is the named plaintiff in the suit? One of the usual JDB 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) One of their usual firms 3. How much are you being sued for? Over 10k 4. Who is the original creditor? (if not the Plaintiff) " Too big to fail bank" 5. How do you know you are being sued? (You were served, right?) Served Summons, Complaint, Notice of Comp Arb 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 9. What state and county do you live in? AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) N/A 11. What is the SOL on the debt? To find out: N/A 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). Summons, Complaint, Answered 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, Should I? 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, Never heard from them before summons. 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? Answer done. Allegation: Breech of Contract, defaulted payment to plaintiff. Have not received an interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NOT A THING.... Also, I have been sent collection letter by 2-3 other JDB on this alleged debt years ago, was never pursued after I sent DV letter. Never received a letter from these guys before the summons, therefore never had the chance to validate. Thanks!