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Being Sued by Centurion Capital Corp...help!

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1. Who is suing you? Centurion Capital Corp.

2. For how much? $2XXX.XX + costs

3. Who is the original creditor? FCNB/Newport News

4. How do you know you are being sued? Received Summons

5. How were you served? Were you served? Through Process Server at home.

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

7. Where do you live? Illinois, Cook County

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

Case filed must appear and respond in writing in 1 week

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

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 withyour 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?

Summons requires me to appear and give written response. I have to file an answer to complaint in 1 week. Summons includes no interrogation questionnaire.

13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits?

They attached the following Complaint and exhibits:


The Plaintiff, Centurion Capital Corp claims that as follows:

1. Plaintiff Centurion Capital Corp. is a corporation authorized to do business in the state of Illinois and the Defendant Lisa Lisa is/are a resident of Cook County, IL

2. The defendant(s) opened a charge account with First Consumers National Bank agreeing to make monthly payments as required by the terms of the Charge agreement, for the purchases charged to the account.

3. Plaintiff is the assignee of said account from First Consumers National Bank having purchased said account in the regular course of business in good faith and for value.

4. The Defendant(s) did make purchases and charged same to account but failed to make monthly payments called for on the account. There is an account stated in the amount of $2XXX.XX.

5. Plaintiff declared Defendant (s) to be in default and demands payment of balance.

Wherefore, the plaintiff, centurion corp. prays for judgment against the defendant Lisa Lisa in the amount of $2XXX.XX plus costs.

Also attached Exhibit #1:


Account holder: Lisa Lisa


Before me, the undersigned authority personally appeared and personally known by me this day and who after being duly sworn deposed and says as follows:

1. I am a competent person over 18 years of age. I am an employee of Centurion Capital Corp, a Maryland corporation, assignee of Capital One, assignee of FCNB/Newport News

2. The scope of my job responsibilities includes oversight of credit accounts maintained by creditor. In the performance of my duties for creditor, I am familiar with the manner and method by which creditor creates and maintains its normal business books and records, including computer records of its credit accounts.

3. Based upon my personal knowledge of creditor's business records and practices for servicing of its credit account of those of its predecessor, the contents of this affidavit are true and correct. If called upon and sworn to testify hereto I could and would so competently testify thereto.

4. In the ordinary course of business creditor issues or purchases revolving credit accounts, installment accounts and/or other credit lines for its customers.

5. In addition to the forgoing, creditor maintains, as a regular practice of its business, computer records of activity on its accounts, credits and offsets. It is the regular practice of creditor's business that entries may be made in such computer records only by individuals having personal knowledge (from examining account documentation) of the information reflected therein and that such entries made by at or near the time the events reflected in them occurred and/or that it maintains its predecessor's records without alteration. It is also the regular practice of creditor's and/or its predecessors business to send monthly statements to accountholders reflecting the

purchases made, payments received and amount owing on such accounts.

6. The just and true balance due and owing to creditor by the accountholder(s) on account number XXXXXXXXXXXX as of the date hereof $2XXX.XX together with interest and applicable costs.

7. Demand for payment of the just amount has been made more than 30 days prior hereto and payment for the amount owing has been tendered. There is no record of any legitimate dispute by the accountholder.

8. All documents attached hereto are certified to be correct originals or true and correct copies of the originals, being reproductions from the records or being evidence to establish the contents of a lost or destroyed document or computer transactional records. I declare under the penalty of perjury that the foregoing is true and correct.

Dated June XX 2006

EXhibit #1

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

SOL in Illinois is 10 years on written accounts, 5 years open ended accounts, 4 years UCC. I believe there is case law that gives 10 year SOL on cards like Visa, etc. and 4 years on store cards like JC Penny. Newport News is a store card issued by Fist Consumers National Bank.

Centurion is being represented by law firm in Chicago.

Question is what do I do next? Get a lawyer? I am unemployed and have no money. Is there a sample of a written response that I can use. I am not well versed and need held in this department.

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Where is the case law that you mentioned? Or, do you know what case it was?

If that case law is true, then you can raise the SOL defense since your last payment was beyond 4 years ago. Otherwise, they may try to argue the 10-year written agreement SOL, which would put you well within the SOL in Illinois. Regardless, you have to file some kind of answer. I'd suggest that you say "Defendant can neither confirm nor deny paragraphs 1, 2, 3, and 5. Defendant denies paragraph 4", with the argument being that you dispute the amount. And then raise SOL as an affirmative defense with the case law cited.

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