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Found 2 results

  1. Hello All, I am looking for some help. I was recently sued and I don't know what to do. I'm trying to stay calm, but I am internally freaking out. If you one can provide any details, I would greatly appreciate. I'm interested in the arbitration path, but I'm not sure if that will help me or hurt me. Below are the details of my situations. I currently live in GA and I'm recovering college graduate. I don't have any money to spare, but I also don't want a judgement on my public record. Please Help Me! 1. Who is the named plaintiff in the suit? Velocity Investments LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ragan & Ragan 3. How much are you being sued for? Under $4K 4. Who is the original creditor? (if not the Plaintiff) Lending Club, maybe Web Bank 5. How do you know you are being sued? (You were served, right?) Served in person 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? Georgia, Dekalb Conty 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. What is the SOL on the debt? To find out: 6 yrs 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. Must file answer within 30 days. 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? 30 days. (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. Defendant is a resident of this county and is subject to the jurisdiction of this court Defendant resides and may be served at 'insert my address' Defendant executed a electronic transaction entering a loan agreement, identified as 'account' with Web Bank. This was serviced by LendingClub Corporation Defendant received the load proceeds Defendant breached the loan agreement by failing to pay as agreed and left a balance Webbank has transferred all their rights, title, and interest in this loan account to lending club Plaintiff purchased the loan agreement and received written agreement of the debt at issue in this action Despite demand by Plaintiff, Defendant has failed to pay amount due on the loan amount Defendant is liable to Plaintiff for the sum of $XXXX.XX in principal, $XXX.XX in interest and fees, and costs of action Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. 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. Loan Agreement printed offline, Loan Disclosure printed off line, Certification of Loan Sale, Bill of Sale, two spreadsheets w/ principal, interest, payment breakdown and payment history
  2. 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Wold rather not say. It is a well known JDB attorney for CACH in Texas. 3. How much are you being sued for? $10k+ 4. Who is the original creditor? (if not the Plaintiff) Web Bank (Lending Club) 5. How do you know you are being sued? (You were served, right?) Served at my home 6. How were you served? (Mail, In person, Notice on door) 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? They sent several letters. I did not respond. 9. What state and county do you live in? Travis County, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It is just within the SOL based on the alleged last payment. 11. What is the SOL on the debt? To find out: 4 Years (Texas) 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). Served, Discovery on both sides delivered. I have answered discovery and the suit with a general denial 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Nope 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. Nope 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? I responded within the required time with a general denial. I did not use any affirmative defense. --------------------------------------------------------------------------------------------------------------- I am well on my way and have been reading as much as possible. The original petition was properly filed with a breach of contract claim. All that was included in the petition was a T&L statement. No contract. No account statements, no proof of ownership. The alleged loan is from Lending Club (WebBank) Plaintiff included a boilerplate discovery request with their complaint which I responded to within the required time. My response generally denied everything, punting the requirement back to them to prove their case based upon all the great information on this site. After filing my general denial I immediately sent the Plaintiff a Discovery request for Disclosure and Production. Essentially asking very specific requests for a contract, account info., 190.2 disclosures, 194.2 disclosures, chain of title, warranties, etc. It is now 9 days past the required 30 day response time for the Plaintiff to respond to my Discovery request and they have not responded in any way. My request is recorded with the court and I have a receipt for the registered mail delivery. I was planning on sending a request for admissions and interrogatory to bolster my case based upon the documents they produced but I am now leaning to letting it ride to see what they do. The Texas statue states they cannot introduce any evidence not produced in Discovery. Is this correct? I don't want to poke the Bear but also don't want to miss something. I am on top of the court filings so I will not miss anything. But essentially radio silence from the Plaintiff. Should I just wait at this point? L