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I found a packet of papers in my mailbox 2 days ago, not in an envelope, mixed in with the other mail. It looks like a summons, but every stamp and signature on it is clearly computer generated. The "Return of Service of Summons" at the bottom of the page isn't filled out at all. There appears to be a case number at the top of the page, so my next move is to go online and attempt to find out if this is even real. If this IS a summons that has been filed, I plan to answer the summons. It is my understanding that the summons was NOT served the way it should be in my state. How do I work that into a written response? 1. Who is the named plaintiff in the suit? - Cavalry SPV 1, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lloyd and McDaniel, PC 3. How much are you being sued for? $1300 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Found what looks to be a summons in my mailbox, not in an envelope, mixed in with the other mail, 2 days ago. 6. How were you served? (Mail, In person, Notice on door) In mailbox 2 days ago. 7. Was the service legal as required by your state? Not as I understand it. In addition, the "Return of Service of Summons" portion at the bottom of the summons is not filled out. 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? - none 9. What state and county do you live in? - Indiana, Hendricks- although one page in the packet says that I live in Hamilton county. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 2014 12. What is the SOL on the debt? To find out: 10 Years 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). Going to attempt to find it online. 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 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? Summons says it was filed on 1/30. Also says I have 20 days to respond after I receive the summons, or 23 days if received by mail. 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. Three copies of the complaint, an affidavit of debt that appears to have been filed in NY state, a DoD status report that says I'm not in the military, a bill of sale of the above debt, screenshots of a Citibank account with my info, and something labeled "Odyssey File and Serve-Envelope Summary" that says the case is located in Hamilton County.
Good Afternoon, I have used the search feature to no avail. I am looking for information in regards to getting rid of negative items and the timeframe I have. I would like to get rid of late payments from 11/14 - 1/15 because I was unemployed. Other than these 3 months, I have had no late payments I would like to get rid of one late payment from 7/13, Other than this one month I have always been on time. I would like to get rid of this account which was opened by a family member. I would also like to get rid of 2 Collections from 12/2014 when I was never given a notice and another one 11/2013 My question is am I out of time?
I am in the midst of litigation w/Midland. Served by PRA on 8/22.
I am in the midst of litigation w/Midland. Served by PRA on 8/22. I have read and reread many of the threads.It is all sinking in. I have copied and pasted salient points, as I consider if they are of value to my responses apropos to my case. I have saved many samples from this site and refer back to numerous Michigan posters, yet I am in need of a few tips, tweeks and wisdom am searching this site for the following: Format - Looking for a straight forward Style Rules for Michigan Civil Court. Language - proper phrasing Example of Request for Documents... Any experience as a Defendant, Pro Se, as far as what was accepted or denied re: format etc @antiquedave had a great list of questions for discovery, interrogatories, etc. Would it be best to start the process with simple request for documents? So much good advice, just trying to consolidate it all and work each step, step by step.