autumn

summons help

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I just had someone come to my door with what appears to be a summons for my husband, I have attached a copy to this post. I am not sure what we should do. will be greatful for any help here.

1. Who is suing you? LVNV Funding LLC

2. For how much? the original amount: 13,500, amount added by origional credito, $1747.00, amount added by collection company: $2,634.23 total amount: $17,881.23

3. Who is the original creditor? sears/cbsb - Citi-sears

4. How do you know you are being sued?

someone came to door with summons

5. How were you served? Were you served?

someone came to door with summons, (person unknown)

6. What was your correspondence (if any) with the people suing you before you think you were being sued? none

7. Where do you live?

minnesota, we just moved here in july due to job transfer, original state of debt, Texas

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

accourding to the paper I received august 5, 2003

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). don't know

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) the original (sears) is in the process of being disputed now with credit bureaus Experian

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. yes

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?

summons states YOU ARE HEREBY SUMMONED AND REQUIRED TO SERVE UPON PLAINTIFF'S ATTORNEY AN ANSWER TO THE COMPLAINT WHICH IS HEREWITH SERVED UPON YOU WITHIN TWENTY DAYS AFTER SERVICE OF THIS SUMMONS UPON YOU, EXCLUSIVE OF THE DAY OF SERVICE (COPY OF SUMMONS ATTACHED)

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

COMPLAINT, AFFIDAVIT,COPY OF A BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT, CONFIDENTIAL INFORMATION FORM

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

SOL would be 8-2007 according to Texas law

http://www.creditinfocenter.com/rebu...itations.shtml

post-64243-135461038215_thumb.jpg

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a copy of the complaint, my husband talked to a lawyer about it and he said he could answer the summons but why should be pay him to do something we can do ourselves that we just needed to answer the summons, so I am back to where I started here. I don't have a clue how to answer the summons.

PLAINTIFF, FOR ITS COMLAINT AGAINST DEFENDANT, STATES AND ALLEGES AS FOLLOWS:

1. Plaintiff, formerly knows as xxx has its principal place of business at xxx xxx xxx, Greenville, SC xxxx. Plaintiff is an entity organized and existing under the laws of the State of Delaware. Plainfitt is the owner of the account which is the subject matter of this action.

2. Defendant requested an account (account) andan account was opened for use by Defendant on or about xxx, the previous or original creditor was xxx. Plaintiff now owns the account. Account number(s) and other restreicted indentifiers are disclosed on the confidential information from which will be filed with the court when the original summons and complaint is filed.

3. Defendant is indebted on an account dated on or about xxx with a present overdue unpaid balance of $xx,xxx.xx (account balance) plus pre-judgment interest at a statutory legal debt rate of six per cent per annum as provided by Minn Stat. 334.01 subd. 1. presently in the amount of $x,xxx.xx.

4. Defendant failed to make payment on the account on the agreed account terms. The last payment was made on the account on aug 5, 2003.

5. The foregoing paragraphs apply to each count in this complaint.

COUNT I ACCOUNT STATED

6. Defendant owes the account balance, plus interest, on an account stated on or about march 7, 2004.

COUNT II MONEY HAD AND RECEIVED

7. Defendant owes the account balance, plus interest for money had and received and to be paid by Defendant.

COUNT III UNJUST ENRICHMENT

8. Defendant received, accepted and benefited from funds extended to or for the benefit of defendant without repaying such funds in full.

COUNT IV BREACH OF CONTRACT

10. Defendant failed to pay the account balance in accordance with the account agreement terms and is in breach of said agreement.

11. as a direct result of such breach, plaintiff is damaged in the account balance amount, plus interest.

WHEREFORE, Plaintiff demands judgment against defendant for the sum of $xx,xxx.xx, plus pre-judgment interest at the rate of 6.000 per annum, presently $x,xxx.xx with post-judgment intereest at the statutory judgment rate, and cost and disbursements, together eith such other relief as the court deems resonable and just.

then they dated it jan 22, 2007 but I was served on March 7, 2007

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I need help to answer the summons, I just want to answer it so I can make some type of reasonable settlement on this, please someone help. I have called an attorny but still not getting any response from them.

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