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I’m not sure what to do. I’m not employed and don’t have funds to settle. I filed a general denial with affirmative defenses. My case management conference is imminent but I haven’t filed a statement (nor have they as far as I know). – Is it ever too late to file a case management statement? What do I put in it? What about the duty to meet & confer (I haven’t done that)? – Should I try to compel arbitration? My account was opened before the arbitration clause went away, I believe. – I’m unemployed and have no funds. Am I uncollectable? Can I get them to see that? I’m grateful for anyone’s help. Thanks. If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Capital One Bank, N.A. (USA) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Nelson & Kennard 3. How much are you being sued for? $10-25K 4. Who is the original creditor? (if not the Plaintiff) Plaintiff 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 & mailed 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received letter from N&K authorizing lawsuit. I have not contacted them. 9. What state and county do you live in? CA (county withheld) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Less than 4 yrs ago 11. When did you open the account (looking to establish what card agreement may be applicable)? Before arbitration was removed from cardholder agreement 12. What is the SOL on the debt? To find out: 4 yrs in CA, unless VA choice of law applies from agreement Statute of Limitations on Debts 13. 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 served, general denial filed with affirmative defenses, case management conference soon, no motions filed. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract’). No 16. 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? A single Cause of Action — Common Counts alleging indebted “on an open book account for money due” and “because an account was stated in writing.” I’ve already responded with a general denial with affirmative defenses. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. Only a verification statement from the lawyer. 18. How did you find out about this site? Google 36. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
Originally posted in wrong subform. 😢 Reposting here, sorry. Hi Everyone, Happy 4th! After reading though @MouseRabbits story, I feel very confident in my abilities to handle this myself, (I pray with help from community). Below is requested information. I believe I may be able to request arbitration. Thank you to all! 1. Who is the named plaintiff in the suit? CAVALRY SPV I, LLC 2. What is the name of the law firm handling the suit? Nelson & Kennard 3. How much are you being sued for? ~$10k -$25k 4. Who is the original creditor? CitiBank N.A. 5. How do you know you are being sued? Served 6. How were you served? 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? Letters Nelson & Kennard. No response from me. 9. What state and county do you live in? State - California, County - Los Angeles 10. When is the last time you paid on this account? 2020 according to documents 11. When did you open the account (looking to establish what card agreement may be applicable)? ~2012 12. What is the SOL on the debt? 4 years 13. What is the status of your case? Suit Served, pending according to Court website 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) With original creditors, no. With collection agency yes. 15. Did you request debt validation before the suit was filed? I didn’t send a debt validation letter, but was triggered when I disputed with credit bureaus. I was sent a packet of old statements, and the following list: Exhibit 1: A redacted table of bulk account An excerpt of sale with my account information A letter - Bill of Sale, from CitiBank N.A. to Cavalry 16. How long do you have to respond to the suit? 30 days 17. What evidence did they send with the summons? 2 statements from OC, labeled as Exhibit A, and Exhibit B 18. How did you find out about this site? Google
Hi, this is my first time posting. Although I am somewhat familiar with debt collection/validation procedures, I am NOT so savvy in the summons - we're-suing-you procedures. I was served a limited, civil summons in person eight days ago saying that the Plaintiff, Razor Capital LLC, (represented by Nelson & Kennard) is suing me for just over $2000 for a debt that they claim that I owe to GE Capital Retail Bank. I have been getting voice messages from Nelson & Kennard for the past couple of months (I did not call them back), but I have never received a dunning letter or any other kind of correspondences from either Razor Capital LLC or Nelson & Kennard. I called Nelson & Kennard and recorded the call in which I told them immediately, and they told me that they had sent me a demand letter on April 3, 2013. I keep maticulous records and would have requested validation right away if I had received anything from them! This account was sent to collections three years ago to a different CA and when I requested validation from them, they did not respond; I never heard back from them. This account is being reported by only the OC on my CR. My question: Is there an FDCPA law that requires CA's/Attorneys to send a demand letter to an alleged debtor more than one time before they just go and try to sue someone??? Also, my name is on this summons, but my address isn't, is this normal? I am going to the court (15 miles away - ugh, there's a superior court 2 miles from me!) on Tuesday (Nov. 5) to get the appropriate forms that I need to file my answer. Thanks again! Jo
Hello and thanks for your attention. I am ALSO in quite a pinch. Im new in this forum (my first forum ever) and i'm not exactly computer literate. I am also in quite a dilemma and have procrastinated to long on this matter. I cannot afford a lawyer at this time ( very long boring story, i'll save you the violin and drama) . Anyway after finding this website, i'm now feeling much more confident in moving forward in answering the complaint.( thanks to all you) Please see the following info as I greatly appreciate all your time and attention. I must answer this complaint by this tuesday( two days from now) . am am nervous an kinda going in circles on this website and forum. I sure hope I am posting this in the correct place? I have recently obtaind my credit report, it got charged off.....then i called the credit card directly and asked "whats the status of that acccnt'' and a woman said "it is no longer with us and it has been placed with an agency" and said "its placed with American Alliance of creitor Attny" .... However, i have been recieving letters and voice mails from Nelson and Kennard, whom mentiones themselves as a debit collector, has been leaving messages on my cell phone for over a year now... here goes.... 1) Who is suing you Attny Robert Scott Kennard, s.b.n. 117017 Nelson & Kennard Sacrememnto CA Attny for US Bank National Asscoiation Plaintiff : US BANK National Association ND Defendant : Me "does one to 10" 2) How much? This 'complaint' is for over $10,000 and under $25,000 3) original creditor was US Bank 4) How do i know im being sued? papers were personally served 5) how was i served? Papers were served to myself at my parents house where i 'sometimes' reside. I lost my house in a short sale last year. 6) What was my correspondence w the persons suing me? No contact with the plaintiff/ attny. I only recieved mailings to my PO Box and never replied to them or any telephone calls. 7) Where do you live? San Diego CA 8) The las time i paid on this acct was approximately two years ago ( guestimate) ... The account was opened up in 1996. 9) What is the status of my case? I was served a summons 3.5 weeks ago, my response(answer) is due on tuesday. 10) have you disputed the debit w the credit bureaus? both the original creditor and the collection agency? I have not disputed it with either. 11) did you request debit validation before the suit was filed? no 12) Does you summons require a response in writing? I believe so, It states "defendant must generally appear within 30 days of service of complaint" so im working on putting together a 'general denial' as i think this would be my next step. 13) What evidence did they send with the summons? An affidavit? A statement from the OC? Any attached exhibits? Nothing to my knowledge. of course except for the 'generic' info stating who,when , where, why, etc... Plaintiff is US BAnk National, action is a limited civil case, some wierd stuff about each defendant is a natural person " Does are unknown to plaintiff" 1-5 and 6-10 are persons are whose capabilities are unknown to the plaintiff( something wierd) And the causes of action are 'common counts' . and that other allegations " prior to commencement of this action, the defendendants were informed in writing that if an action were commenced, the plaintiff may recover its court costs, where allowed by law, in aditional to principal and interest otherwise owed".... then the next page "CAUSE OF ACTION"-"COMMON COUNTS" as an attachment to complaint states that i became indebited within the last 4 years for an open book and that it was stated in writing and agreed. ( they didnt check off the box that said 2 years, they checked it off for 4 years FYI) for "21,000 is due and unpaid despite plaintiffs demand, plus prejudgement interest".....then after that they didnt check off the [ ]according to proof [ ]at the rate of_________percent per year from date;_______ ( kinda wierd how they left these blank? 14) what is the SOL on the debit? Well, i think i last made a payment 2 years ago( guestimate) however i have had the account since 1996. So, there;s my complaint inna big nutt-shell......im working on printing the general denial form PLD-050 and the proof of service form POS-030 and get buisy, like QUICK buisy. I do have some questions...... 1) since the complaint is not verified....i can go ahead and fill out the general denial form and use that form for my 'complete' answer? do i put the affirmative defences right on that form? What affirmative defences should i use? (or do you advise that I use) 2) I understand that I must deny the allegations except for mu name and their name .....but do i also do the request for discovery at the same time as my answer? or later? ( i just need to stay focused on what i absolutely need to accomplish at this moment and worry bout the next step later) 2) Request a BOP right now? I think this is a scumm bag collection company.....and i dont know even if or how they are 'exactly' related to the OC, if at all? PLEASE HELP! Sincerely submitted, California Guy