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Good evening, I'm so glad I found this forum and hoping I can get some insight on how to handle this legal issue. I just received a priority letter (attached) from Discover stating that if I do not contact them by April 30th, they will obtain a lawyer to collect. The $3,000 debt has incurred fees and is now sitting at $3,600. Last year prior to having no choice but to let the debt go, I had an automatic payment plan setup for $60/month which was fine for a little over a year until I had medical problems. I knew that would be out of work soon so I picked my poisons and decided to pay off my smaller debt credit cards which are now in perfect standing, and let the larger Discover card debt go. Here it is a year later and I'm unemployed but going to college full-time. I have zero income and will need to take a student loan next semester to finish paying for my degree. My question is, I've read a little bit on here about arbitration and curious what that is, how it could help and if it's a good option for me. If so, how do I begin that process? My next question is, I've read about them possibly garnishing my bank account for payment. Since I plan to take a student loan next semester (August), will they take my student loan money?? I really need to complete my degree so I can get back to work and earn income lol. Thank you in advance!
1st I would like to thank everyone here for these forums because if it weren’t for all of you, I would have hired an attorney (that I cannot afford) or just not show up in court! These forums have helped me A LOT. However, I’m confused on what to do next. Up to this point, I’ve filed my answer denying the debt & also filed a request for production. So far, Midland’s attorney has 2 days left to answer my request. So my question is, what if they don’t comply? I’m confused on what to do next. Do I file a motion to compel or is it possible to ask for a dismissal? Our court date is in 3 weeks. I’m in Ohio. Can anyone please help me with this?
Hello, and thank you for taking the time to look at this. On July second I was served papers through Forster and Garbus regarding an old student loan debt from 2003. I've feverishly researched this issue, and I've prepared an answer to be delivered ASAP. I'm attaching a censored version of both the summons and the document with the intention of getting them having some good people here proof read them to ensure I'm not missing anything. On that note, I do have a raw question before I get to answering the standardized questions. Specifically, I'm talking about an entry on their complaint form that says : "2nd cause/action: Plaintiff stated an account to be defendant without objection. That there is now due plaintiff from defendant(s) the amount set forth in the complain, no part of which has been paid although duly demanded." Isnt this a violation of some rule? I do have the old letters they said making claims that if I "dont respond the debt is assumed valid"; and I was told in passing that this violates some law; but I'm unsure of what can be done. Also, as it's not written as an official numbered complaint, I'm unsure if I should address this on my written answer. I'm also not entirely sure how I get the answer to the plaintiff. Resources on NYC's legal aid site mention having to involve a notary and having a third party uninvolved in the case deliver the answer, while the summons itself states I need to serve a copy of my answer directly to the plaintiff's attorney, which is located about 3 hours from me. Also, the index number on the summons handed to me is a 6 digit number, but a reminder from my local courthouse has the same index number only with a slash and an additional two numbers at the end. Sorry for all that, here are the template questions. 1. Who is the named plaintiff in the suit? Jefferson Capital Systems LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Forster and Garbus LLP 3. How much are you being sued for? $31,829.81 4. Who is the original creditor? (if not the Plaintiff) SLM Education credit finance C. 5. How do you know you are being sued? (You were served, right?) I was served on July 2nd, 3:00pm. 6. How were you served? (Mail, In person, Notice on door) In person 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? Nothing. 9. What state and county do you live in? Richmond, New York 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) January 2012 11. What is the SOL on the debt? To find out: 6 Years. Statute of Limitations on Debts 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). Suit served. 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? 20 days. The summons was handed to me on July 2nd, so this Friday. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The summons states "Upon information and belief of a promissory note." 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I'll be watching this thread closely, so please feel free to ask any questions in the event I missed some details.
First of all, Thank you for any and all assistance. I recently recieved a subpoena notifying me that I am being sued by Portfolio Recovery Associates. I have never been issued a subpoena before and have no clue what to do. I am panicking. I have attached the first 5 pages of the subpoena. The other documents included are sell of the debt and a credit card statement from 08/2012. If I need to include those, then I will. The documents have been edited to remove personal information (name, address, case number, ect.) If needed, I will PM you. Thank you again, redd4949 Here is how it reads. Portfolio Recovery Associates LLC Assignee of In the Justice Court HSBC Bank Nevada N.A. Capital One N.A. / Best Buy Harris County, Texas Plantiff Precinct 4, Place 2 vs. 7900 Will Clayton Parkway My Name Here Humble, TX 77338 5849 Defendant 713 287-2450 Citation (Debt Claim Case) The State Of Texas County of Harris: To: ANY SHERIFF, CONSTABLE, PROCESS SERVER CERTIFIED UNDER ORDER OF THE SUPREME COURT, OTHER PERSON AUTHORIZED BY COURT ORDER, OR CLERK: Deliver this citation, together with a copy of the petition, to: My Name Here My Address Here My Phone Number Here TO THE DEFENDANT: You have been sued. You are commanded to appear by filing a written answer to the petition filed by Plantiff with the Clerk of the Court on or before the end of the 14th day after the date of service of this Citation. If you fail to file an answer as required, a judgement by default may be rendered upon the plaintiff's proof of the amount of damages. Date Petition Filed : 10/02/15 Nature of demand made by Plaintiff(s): money owed in the amount of $1381.04 together with attorney's fees, cost of court, interest as provided by law and general relief. A copy of the Petition is attached. You have been sued. You may employ an attorney to help you in defending against this lawsuit. But you are not required to employ an attorney. You or your attorney must file an answer with the court. Your answer is due by the end of the 14th day after the day you were served with these papers. If the 14th day is a Saturday, Sunday, or legal holiday, your answer is due by the end of the first day following the 14th day that is not a Saturday, Sunday, or legal holiday. Do not ignore these papers. If you do not file an answer by the due date, a default judgment may be taken against you. For further information, consult the Texas Rules of Civil Procedure, Part V, Rules of Practice in Justice Courts. A copy of the Rules is available at http://www.jp.hctx.net/ or at the Justice Court.