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Please Help! I received a Notice of Hearing Date from the Justice of the Peace Court in my County. I am located in Texas. The Plaintiff is Persolve Legal Group. I was never severed with papers by anyone regarding this cause. The Officers Return portion of the courts copy was not filled out. The Plaintiff's Original Petition states they purchased this account from Compass Bank. I do not recall having a Compass Bank Credit Card and I do not show a Compass Bank Account on my credit report. I have filed an answer with the court denning all allegations. I wanted to know is there a Motion or Form I can file with the court to have the case thrown out due to me never being served? If not I would like to send a Discovery to Persolve Legal Group asking for copies of the credit card contract, statements and any other information anyone can suggest. Can someone point me in the direction of a Defendant's Debt Discovery Form online? Thank You So Much for any help anyone can give me!!
Let the fun begin! I am new here, and there is a ton of great information on here! I am thankful. This year, like others, I had a lot of loss. My fiance, father, dog and my job all passed away. I am involved with one estate and one probate case in two other states already. My bandwidth is completely tapped. I know that I can't compete in a legal battle when my heads not in the game. I am looking for a lawyer, licensed in Arizona, specifically Maricopa county to represent my intentions. I have interviewed a few litigation lawyers and many are not "Persolve-familiar". It is obvious Persolve likes to dig-in. I'd like to know about options. It is early, but that seems to be an advantage. All ideas welcome from here on. Backstory: 5/30/20 a $10,500.00 debt that I had with BBVA fell off the payment plan. (I have documentation.) 6/20 I called Persolve and I was told that they did not own the account even though BBVA Bank said that they did. 7/22/20 I receive my only letter from Persolve asking for $13,000.00. 8/19/20 I send a USPS tracked letter back to Persolve contesting the debt amount as being invalid. I am asking for a payment plan based upon the original debt amount. I ask for an explanation of fees. -no response- 10/20 I send an email to Persolve from the original 7/22 debt document. -no response- 12/1/20 I send another trackable USPS letter demanding communication. I send a $50.00 dollar payment in a money order as an act of good faith for a payment plan. -no response- By this point they have violated all terms of the Fair Trade Credit Act 12/28/20 I received an advertisement from some third party debt settlement company asking if I want help with my court case. News to me that I had a court case. The court case was filed 12/11/20. I have yet to be served. I cannot access my documents online from the case until served in Maricopa county. They have 90 days to serve me here. I believe that I have 30 days to respond. At all costs I would like to avoid a judgement. Definitely report Persolve's violations of the Fair Debt Collection Practices Act (https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#805) to the bar or attorney general. I learned from the Arizona Dept. of Financial Institutions that because Persolve is law firm in CA they are not governed by the normal Debt collection obligations in AZ. I learned that it is loophole and nothing can be enforced until the lawyer misbehaves and that would be AZ Bar related. Unless it is all filed in CA.
Alright Ladies and Gents, the day has arrived....I suppose we should get down to business: ========== Background =========== I've been checking my local court site daily because I heard that Persolve were scumbags...NO SUMMONS DELIVERED but this popped up online within the last few days. I have had virtually no contact with them. I have hung up on them a few times. Main Questions: i) Do I take this on myself, or hire an attorney? ii) What is my first step based on the answer to i 1. Who is the named plaintiff in the suit? Persolve LLC / Account Resolution Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) (from online court site) Attorney: Edit Alexandryan Persolve, LLC , 9301 Winnetka Avenue3. How much are you being sued for? 5k < ME < 10k 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 5. How do you know you are being sued? (You were served, right?) Case showed up on county website....never served 6. How were you served? (Mail, In person, Notice on door) Wasnt...persolve are scumbags 7. Was the service legal as required by your state? Nope (unless i haven't got it yet, but shouldn't they serve before they file claim? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact. A few answered calls and i just hang up on them when they say who they are. 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) ~Middle 2010 11. What is the SOL on the debt? To find out: 4 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). Summons Filed (apparently, at least it says this online.) 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? Have no paper work, how do I find out? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Have no idea. Either they never sent it, or I haven't received it yet, but it shows up online.