here is my answers please help

[fhank]

1. Who is suing you? Breit Investment Corp. d/b/a Cash Express

2. For how much? $889.55

3. Who is the original creditor? Cash Expess

4. How do you know you are being sued? served an affidavit

5. How were you served? by someone? Were you served? yes

6. What was your correspondence (if any) with the people suing you before you think you were being sued? called many times but i never responed

7. Where do you live? oklahoma city

8. When is the last time you paid on this account? not sure

9. 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). pending

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

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

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? nothing just the affidavit

14. What is the SOL on the debt? To find out: 5 years

[divemedic]

All they sent was an affidavit? No summons, no complaint, nothing?

[fhank]

No.... all it says is that I'm hereby directed to appear and answer the foregoing claim and to have with me all books, papers, and witnesses needed to establish my defense to said claim. blah blah blah

[Recovering Attorney]

probably a small claims court hearing

[fhank]

It is a small claims court hearing.

[Lecasbas]

Original post by: fhank

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

If you are interested in fighting this alleged debt then this is an example of an answer not to put forth in any future court action.

Deny, deny, deny.

Make the CA prove their case. The Bad Debt was probably from so long ago that you can't recall....right?

[fhank]

no...It is mine. And it was only 6 months ago!

[divemedic]

If you do that, you might as well pay it now.

[fhank]

09/04/07

Dear Mr.

This letter concerns the money I owe Cash Express. For the past two years I

have always paid you guys with no problem. My business have not been great during the last 10 months and that is why I have got off track with them. Since school have started back my business has picked up. If at all possible I would like to offer 9 payments in the amount of $100.00 for 8 months with the 9th payment of 89.55. For the total of 889.55 thats including interest and court cost, starting Sept. 20th 2007.And thereafter; every month same day until paid. In the event I miss a payment you may precede with the legal action against me.

In the event of this offer I would like for you to dismiss this case without prejudice, and to notified me with your decision. All correspondences should be in writing.

Sincerely,

Felicia

[Lecasbas]

Original post by: fhank

I would like to offer 9 payments in the amount of $100.00 for 8 months with the 9th payment of 89.55.

This sentence should be "I would like to offer 8 payments in the amount of $100.00 for 8 months with the final payment of $89.55". Then add this, "Upon the final payment of $89.55 the account ##### will be paid in full".

Make sure you have a signature from someonw you recognize as an authority to approve such a settlement before you send any money.

Creditors will generally accept a lower amount than actually owed. You might try cutting that amount in half. Just a thought.