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2nd try


vanwim
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1. Who is suing you? Cavalry Portfolio Services

2. For how much? 2788, plus 22% interest starting 2/27/01

3. Who is the original creditor? MBNA

4. How do you know you are being sued? Served summons papers

5. How were you served? Were you served?Sheriff came to my home and served me papers

6. What was your correspondence (if any) with the people suing you before you think you were being sued? The first time i had heard anything was when I was served. The summons has my maiden name. I have been married for several years, anything with my maiden name goes in the trash.

7. Where do you live? MN

8. When is the last time you paid on this account? CBR says 8/2000. I am currently trying to verify with OC.

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). nothing has been opened

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) not yet, just served papers trying to figure out how to answer the summons.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? yes requires a response within 20 days. THe charges are that i have received their invoices/correspondence and accepted them as a valid debt. That I should pay them $2788 plus interest @ 22% per annum starting from 2/2001.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?nothing

14. What is the SOL on the debt? To find out: 6 years

My questions:

1. If there is no filing number and the court says there is no open cases pending for me, do i still file an answer with the court? As well as serving the papers to the attorneys for the plaintiff?

2. if I use the SOL as an affirmative defense do i provide the DOLA in the summary, attach a copy of the CBR report with the hopes that I will get verification from the OC. Or Just state the SOL has run out?

I have read through some of the posts and found them very helpful, but just need a little more verification for my case..

THANKS SO MUCH!

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