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Thank all of you for the abundance of information posted here. I'm very grateful and have some hope that this will be settled soon. I have about 2 weeks to file a denial. I'm very confused with the terminology and writing here, legal language is not my thing. I'm going to keep reading and studying but I'm very short on time. If anyone could help me with the specifics and tell me how to file the denial, ccp, BOP, and other documents so that a dummy could understand that would be a huge help. I don't even know how to fill out the POS or who it's sent to! I'm not sure if I was legally served either, since some lady just threw a stack of papers on my dads doorstep without an envelope. That doesn't seem right. Also, after those are filed with the court how long do I have until I need to respond again, or appear somewhere? I won't be back until the end of July. Thank you in advance! 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT & HENRIQUES, Attorneys at Law 3. How much are you being sued for? $4k 4. Who is the original creditor? (if not the Plaintiff) US BANK, who sold the account to Plaintiff. 5. How do you know you are being sued? Left a stack of papers on my parent's porch, no envelope. 6. How were you served? I'm not sure if I was. 7. Was the service legal as required by your state? I don't know. 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? CALIFORNIA, SONOMA is where my parents lived, however I do not. The summons says "defendant lives here now." 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? 4 YRS 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). I called the court, they said the case was filed and refused to give me any other info. 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. I don't think I received a questionnaire, The paperwork I received is confusing. I'm being sued on CC-1 COMMON COUNTS, within the last four years, an open book account for money due because an account was stated In writing by and between plaintiff & defendant in which it was agreed that defendant was indebted to plaintiff. Within the last four years for goods, wares, and merchandise sold & delivered to defendant & for which defendant promised to pay plaintiff the sum of $4,xxx.xx for money lent by plaintiff to defendant at defendant's request. For money paid, laid out, and espended to or for defendant at defendant's special instance and request. CC-2 $4,xxx.xx, which is reasonable value, is due & unpaid despite plaintiff 's demand, plus prejudgment interest at the rate of 0.0000% per year from date Jan 31, 2013 CC-4 Plaintiff purchased the account from the original creditor or its successor(s) in interest. Plaintiff is the current owner of the account. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? NO EVIDENCE AT ALL.
I apologize in advance if proper procedure to post for help isn't followed ... After researching so many forums, I'm quite lost. So here goes ... We currently have several credit cards that are in default approximately 18 months. Really wanted to not do a BK, but looking into it just in case. Had wanted to settle the debts. but with different creditors, sold to multiple JDB, this is well, overwhelming! Recently was served notice of request for judgement from Portfolio Recovery Associates for a Citibank/Sears account. 1- filing was not in proper county of residence against us. - As such, we replied with a Objection to Complaint/ Motion To Dismiss. Spoke to that county clerk of court and she advised that was correct because its not in the proper county and they would likely dismiss and refile in our county. Basically, we are buying time here to find a solution and enforce proper case management. This is the first of proceedings that we are aware of. Assuming we elect to not BK the debts (or don't qualify), how can we properly defend against a JDB ourselves and/or obtain settlements with multiple accounts. We have 1 Citibank/Sears, 3 Chase accounts (all in default) and a BOA that is not in default. Any assistance and advise is greatly appreciated.