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Need Help - Lawsuit served - Have until the 28th to respond


txgirl
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I've posted this under the "collections" topic, which I don't think was the correct place to do so. So, I am reposting under this "area". I apologize for any who have already seen this topic. Without further ado...

This is the first time I have experienced something this drastic from a collection agency. I was served a lawsuit by a constable last Thursday. I needed some guidance regarding what my options are and what's the worst that could happen. Someone told me I could get a warrant for my arrest and be sent to jail. Others have also said that my bank account could be frozen. Are these true? Here are the details:

1. Who is suing you?

Great Seneca Financial Corporation (assignee of Discover Bank)

2. For how much?

$2254.65 + 19.9% interest + $338.19 (attorney's fees) + $72.00 (court costs)

3. Who is the original creditor

Discover Bank

4. How do you know you are being sued?

I was served by a constable with a lawsuit citation.

5. How were you served? Were you served?

By a constable.. Yes.

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

I have never spoken with Great Seneca Financial Corporation.

7. Where do you live?

Currently in Plano, TX (Collin county)

8. When is the last time you paid on this account?

According to the document attached, Oct. 2002.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

I am not sure. I am supposed to go see the judge on the 28th and answer some questions that were attached to the paperwork.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

The rest of the background is, the account was opened in 2001 as a balance transfer. It went into charge off status in 2003. I stopped paying the bill, because I got into a situation where I had to decide if I should continue paying my credit card bills (Discover wasn't the only credit card debt I had) versus being able to pay rent, food, utilities. I was also told that once credit cards go into charge off status, there is no point in paying for them and that they eventually get dropped. Because of that, I didn't worry about it. I thought of going into debt consolidation and looked into it. The debt consolidation places I spoke with wanted over $500 from me per month. There was no way I could afford that plus be able to "live". In any case, now I am in this situation. I never imagined that a collection agency would sue me and especially for a debt that's less than $3000.

Thank you in advance to any and all who give me some advice regarding this situation.

--txgirl--

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Some additional questions:

1 When did the account go delinquent?

2 When did the plaintiff aquire the account?

3 Did you DV the plaintiff? It appears they may have already violated, as the summons (original communication) was not followed by the miranda warning.

4 What information did the court ask you to provide?

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1. According to the lawsuit papers, it went delinquent on 10/21/02.

2. I believe the plaintiff acquired the account on 6/30/03.

3. I apologize (again, as I said I am new at this), but what is "DV"?

4. The court has asked me to admit or deny 15 questions pertaining to the account.

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Ah, ok. I will read more into DV.

The 15 questions are as follows:

Admit or Deny to the following:

1. Defendant entered an agreeement whereby Plaintiff or Plaintiff's original assignor extended credit to Defendant.

2. Defendant was extended credit on the account or accounts the subject of this suit.

3. Plaintiff or Plaintiff's original assignor extended credit to Defendant for the purchase of goods, wares, merchandise, or services or for cash advances on the account or accoutns the subject of this suit.

4. Defendant or another with permission of Defendant accepted the credit extended for the purcahse of the goods, wares, merchandise, or services referred to in Request Numebr 03.

5. The prices charged for the goods, wares, merchandise, or services referred to in Request Number 03 were the prices agreed to by Defendant or another with permission of Defendant.

6. The prices for the goods, wares, merchandise, or servicse prefrred to in Request Number 03 were the usual and customary prices therefore at the time when delivered and in county where delivered.

7. The balance due and owing to Plaintiff from Defendant on the account or accounts the subject of this suit is at least $2254.65

8. More than 30 days ago, Plaintiff presented to Defendant a demand for payment of the outstanding balance stated in Request no. 7.

9. Defendant has failed to pay the amount due Plaintiff on the account or accounts the subject of this suit.

10. Due to the failure of Defendant to pay the Plaintiff the account the subject of this suit, Plaintiff obtained the service of the law firm representing Plaintiff herein to file suit on said account.

11. A reasonable fee in this county for the legal services performed by attorneys for Plaintiff on this lawsuit is at least $338.19.

12. That the debt the subject of this suit is just, due, and unpaid.

13. That the Defendant does not have property in Texas subject to execution sufficient to satisfy the debt the subject of this suit.

14. That within Plaintiff's knowledge, the Defendant does not possess property in Texas subject to execution sufficient to satisfy the debt the subject of this suit.

15. That pre-judgment interest at the statutory rate is due on the debt the subject of this suit from 04/13/2005 until date of judgment.

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