Newbie being sued by CA...HELP!

[snookie]

I just picked up a summons from the post office from RJM Acqusitions LLC. Household Financial is the OC. I've been reading through some of the threads, but some of the terminology is confusing to me. Here are the details of the OC and what was in the summons:

Household Fin (oc): listed as charge off on CR, date opened 9/97 last reported on 9/06

RJM Acquistions (ca): not listed on CR, suing for $1,946.22

Summons: I received a survey type letter from the courts asking a few questions.

1) Is this case related to any other cases previously filed in this court or another?

2) Do you anticipate the use of any of the following forms of discovery?

a) Interrogatories/Request for Production

Depositions

3) Do you anticipate the use of experts?

4) Are you willing to participate with the other party in mediation?

I know I HAVE to file this or they'll automatically find me guilty, right? The CA also included a copy of a charge-off statement which looks like it was created in Excel, but didn't enclose any other type of proof. The payment date on the chargeoff statement is 10/15/2002. I need help as to what my next course of actions should be, I'm a bit scared but know someone will point me in the right direction. TIA

[vialna]

this must be answered and answered accoding to your states RCP

their is also local court rules u need to check...can ussually find online

have u pulled ur 3 hard copies of ur cr. report..if not do so

theyre ways to answer...read above posts.. also here is another website that does offer answer to a summons info: again this must be done according to your states rules of civil proc. so dont cut and paste

and yes...if u dont show up or respond they will get a default judgement...

u dont say when u last paid on this account...that would help to determine if ur in sol or out of sol...

http://whychat.5u.com

here is some more helpful info...

http://webpages.charter.net/ohgeez/

u need to read alot and try to put things togethere this should help

[Tazjeepcj7]

You should probably go ahead and file your requests for admissions of fact, interrogatories and production of documents.

[snookie]

Thanks for the links and advice. I was reading up some last night and I think this is out of SOL. It appears that Ohio is 4 years, and I believe the last time I paid on this was early 2002...it was charged off at the end of 2002.

So, if I answer my summons requesting Interrogatories/Request for Production do I need to do anything else?? Or just sit back and wait to see what the CA does?

[Tazjeepcj7]

Was the Household account for a branded card? If so, you may want to look at Ohio's version of the UCC... Don't confuse your discovery requests with your answer to the summons...

[snookie]

Was the Household account for a branded card? If so, you may want to look at Ohio's version of the UCC... Don't confuse your discovery requests with your answer to the summons...

I don't believe it was branded...that would mean it had a certain logo on it? For example an Ohio State cc? Ok, so after I answer my summons I need to request the discovery info from the CA? Sorry for all the questions but I need to cover all my basis and alot of the info I've been reading is mind boggling. Thanks

[Tazjeepcj7]

A store account (i.e. a Household / Best Buy card used to purchase a computer from a Best Buy store) may be viewed differently in some states than a Visa or MasterCard account that can be used anywhere. You will need to include all of your affirmative defenses in your answer to your summons. You may want to find a local law library and do a lot of reading. The best advice of course is to hire a lawyer, but even then you will need to have an idea of the laws that apply to your case.

[jestor1776]

I must agree with Tazjeepcj7, you should porpbally contact a competent attorney if there is one in your area. Otherwise, you will need to go Pro se which may or may not be a smart thing to do. However, if you are willing to spend the time and effort, you can do this yourself. I did it and that was before I started working in the legal field. It takes alot of determination and will power, but also lots of study. But since you don't have much time you need to get aquainted with you local court rules and civil procedure for filing your answer and affimative defenses. It is a difficult thing to be behind the 8 ball when this crap begins to happen. However, I can asure you if you are serious about fighting this rember, it is never over until YOU say it's over! You may feel overwelmed at times dealing with these professional thieves but there is one thing they cannot stomach. And that is someone with a resolve to get to the truth of the issue they are attempting hide.

You need to be focused on answering the complaint and setting up your affirmatve defenses. Worry about other stuff later, BUT ANSWER or they will get a default judgment and you will be barred from rasising the issue again unless you can prove you were not properly served. There are other issues such as challenging subject matter jurisdiction, which is a completely different issue which you need not consider at this point. Just stay focused and think...think...think what are your answers going to be? How do I answer without giving the other side ammunition to use against me??? They are making the claim you owe them money right, well make them prove up thier claim. In my case, I denied that a contracted even existed between me and them. And for claims that I were not sure how to answer, I just used the standard legal avoidance tactic "I cannot admit or deny based upon insufficient facts not avaiable to me to form a conclussion".

Remeber, answering a complaint isn't that hard especially if you are the one with the truth and the facts. It is just not a comfotable place to be in since you don't do this type of thing on a daily basis. You will get better at it as time goes on. You may make mistakes along the way but don't get discouraged you will learn and you will prevail IF you are willing to do what it takes to win!

Yours for Liberty!

FM

[chilton1]

snookie,

sorry for your worries but I read in one of Ladynred's post that Ohio considers credit cards written accounts so the SOL is 15 years.

maybe you should double check the SOL for ohio, but it is definitely not 4 years. Sorry.

Here is the link http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=266834&highlight=ohio+SOL

[snookie]

That is kind of discouraging since I was hoping on them being out of SOL. I actually read that Ohio is 15 years for written agreements and 4 or 6 for open accounts (credit cards).

I still need to figure out how to file an Answer, and open Discovery for a request for production of documents. Anyone know the benefit of a Notice of Apperance? I'm now hoping the CA won't be able to produce a written contract since the account was opened in 1997 or produce evidence on the accounting of the debt since it was charged off in 2002.

[snookie]

I'm back for a quick update....

I just talked to an old college friend of mine (who was very hard to track down) and he happens to be a lawyer He suggested that before I file my Answer to the summons that I file a Motion for More Definite Statement. In this motion I will tell the courts that I need more information from the plaintiff (ie. signed contract, accounting of debt) basically proof that the debt is in fact mine, and that I can't complete an Answer without verification that this in fact my account and amount due. The court will then either accept or deny my motion, and this pushes back the date the Answer is due.

He also assured me that if the CA didn't provide the signed contract and accounting of the debt with the complaint, they don't have it. I also checked my city's records and RJM Aqcuisitions filed a complaint against someone else on the same day as me.