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I'm being sued by Arrow!


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Ok I have requested legal advice regarding a summons I received from Arrow Financial Services. There is the yellow copy entitled "Alias Summons" telling me to appear in court. It does not give option to settle. Attached is a letter entitled "Breach of Contract" explaining the debt with the signature block of the lawyer. I am aware of a debt with Best Buy, in which they are saying was assigned to them, however this amount quoted sounds outrageous! What should be the next steps? I have contacted a lawyer who is reviewing this to see what my options are. What are my options at this point?

1. Who is suing you?

Arrow Financial Services LLC

2. For how much?

$2000

3. Who is the original creditor?

Best Buy

4. How do you know you are being sued?

Rcv'd summons from mother

5. How were you served? Were you served?

Was never served, served my little sister (age 16) at my mother's house

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

No correspondence

7. Where do you live?

Missouri

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

Account opened in 2002, never paid

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).

N/A

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

Not yet

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?

No indication for response besides attending court.

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

No evidence attached

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

5 Years for charge accounts (revolving)

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Ok, due to some system technicalities I have yet to speak with the paralegal in order to get the ball rolling on this case. The court date is next week, and the fear is setting in. Since there was no supporting documentation that I owe this claim, yet no questionaire attached to the summons for me to answer, what should I do? I'm at my wits end, and I happened to receive two summons for two court dates next week.

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Just got off the phone with the legal assistant I guess who asked me a series of questions regarding the incident. To my knowledge, the lawyer is trying to determine if there is enough to warrant a federal case for violation, which is fine, however I'm trying to figure out what needs to be done for the actual court case. Any ideas? I would call the circuit clerk's office, but I have no idea what to even ask. There was nothing in the paperwork telling me to answer anything, so I guess I just have to go to court. There was nothing with the summons as proof that I owed the debt, so I'm thinking this should be a no brainer, but I have no idea how to prepare myself. Any information would be great at this point.

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I have news! I spoke with a lawyer that I was referred to through NACA.net regarding the summons. She found it unsettling that no evidence of owning the debt or that I actually owed the debt was attached to the summons. She strongly believes that they would probably not have proof on the matter, and the best thing to do is to fight it. My only decision now is to see if I want to tell the court I was not properly served the summons, which can result in the court date being moved to a later date and then tell them I have no knowledge of the debt. So what do you guys think? Should I fight immediately or fight later?

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Assuming this was a Best Buy card issued by Household the plaintiff may very well not have any paperwork on this account. I was sued over an alleged Household/Best Buy card and the plaintiff eventually dismissed the case because they had no support (still waiting to see if this issue pops back up). If this was a Household card then you might want to check out Householdwatch.com.

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If you think the debt may be yours, but don't agree with the amount, make sure you fight on that basis...if you do not think the debt is yours DO NOT admit to owing something that isn't yours...I just had a "...I could be responsible..." DVish letter used against me in court...but to their chagrin judge awarded approx. 33% (not sure how that happened with their BS docs, but anyways...) on the other hand, you always have the option to make 'em prove you owe them anything...

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Well according to my attorney, the best thing to do is to make them prove it, she believes since nothing was attached as evidence with their summons, and from dealings with them in the past, they don't have proof. To further confirm it, I was willing to contact the OC in order to see if they still have my records. I'm just wondering if that was a good idea. I'm hoping to get something in writing that states they no longer have records for that particular acct. The debt could indeed be mine, but it could also be Mary Sue's, LOL. So we will see.

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One more thing - I've never seen a summons that couldn't be answered in lieu of appearing in court. If you do decide to fight, the minimum I would do is file a motion of continuance (delay it to better prepare).

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I was given advice by a lawyer to file a motion of discovery. I'm figure out the best way to go about that. Is there a particular format I should use? Do I send it to the lawyer and Arrow? I'm assuming if I do send it, I send it certified I'm assuming. Will filing a motion for discovery automatically grant continuance, or should this be a part of filing continuance?

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In your discovery you want the JDB to not only prove that the debt is yours but also that the JDB owns the debt and has legal standing to collect the debt. Others can better help you on how to file your discovery but I would assume you would send a copy to the Plaintiff's lawyer and file a copy with the court.

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