trhonda2000 Posted February 21, 2007 Report Share Posted February 21, 2007 This summons is a lot more detailed than the first I received. It came with the Yellow copy of summons along with the Alternative Dispute Resolution information. It also came with a copy of the contract I signed for the debt in question (vehicle repo). I am trying to figure out what I should do, need a point in the right direction.1. Who is suing you?JM Securities2. For how much?$18493. Who is the original creditor?Lesco Enterprises4. How do you know you are being sued?I was summoned5. How were you served? Were you served?Served summons at home6. What was your correspondence (if any) with the people suing you before you think you were being sued?There was communication back and forth via telephone and mail regarding the amount. Arrangements were attempted but denied.7. Where do you live?Missouri8. When is the last time you paid on this account?August 20069. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily).N/A10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)Has not reached the credit bureaus yet11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.I did via phone, lol, but was told it would come with the court papers.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? The letter entitled "Breach of Contract" states I have 30 days from the receipt of the notice to dispute the validity of the debt. Other than that, nothing.13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?A copy of the contract was sent along with an affidavit of damages.14. What is the SOL on the debt?For Missouri, I wanna say 7 or 10 years...?! I will double check this for written contracts. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted February 21, 2007 Report Share Posted February 21, 2007 repo deficiencies are governed by the 4 yr SOL of the UCC ( since the car was security). You may have other defenses against the deficiency, as set forth in your state's laws or version of the UCC. Link to comment Share on other sites More sharing options...
trhonda2000 Posted February 21, 2007 Author Report Share Posted February 21, 2007 So where do you suggest I start? This debt is pretty current compared to my other judgement, so I don't know where to start. I would like to avoid court if possible. Link to comment Share on other sites More sharing options...
trhonda2000 Posted March 6, 2007 Author Report Share Posted March 6, 2007 Update!!!I have spoken with an attorney, and there is a good chance this will be taken to Federal Court. There were many violations in place that took place with the repossession and the CA itself. I can't go too much into detail, however the NACA lawyer I'm working with is very helpful and is doing everything she can to make sure I have the resources available to do so. Link to comment Share on other sites More sharing options...
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