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I was just served this morning with a summons and complaint and need advice on what I need to do next. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC Assignee of Wells Fargo Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch, Sturm, Israel, Enerson & Hornik LLC 3. How much are you being sued for? $600 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? Pretty sure 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't remember any from Portfolio Recovery but one letter from the law firm 9. What state and county do you live in? Nebraska Lancaster county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Credit Karma says in 2012 but I don't remember making any payments 11. What is the SOL on the debt? To find out: 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). There is no case number of court date so I don't think it has been filed 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? 30 days claiming that I got a credit card and failed to make payments 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Attached nothing
I'm attempting to clean up my debt rather than declare Bk, and I recently pulled my credit report and found an that a CA is reporting an old debt as current almost monthly. The date of my last payment was in 1/2010. The debt originated at a sporting goods store in Montana where I applied for a credit card. I was in Montana on a temporary work assignment, but lived in Arizona. I have since moved to North Carolina. The SOL in each state is as follows: Arizona (Where I lived at the time I got the card): 6 years (Changed in 2011), but was 3 when I entered into the contract (2009), as well as when I made my last payment and the debt became delinquent (2010). Montana (Where I opened the card): 5 years North Carolina (Where I currently live): 3 years Nebraska (Location of the original Creditor): 4 years What should I do about the continued reporting as current by this CA, (I looked but couldn't locate a letter to send)? Which state holds the SOL? If it is Arizona, did the new statute automatically supersede the prior and now make the SOL 6 years on my debt? Should I send a validation letter? Thanks in advance!