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Need Advice please

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1. Who is suing you?

A towing and storage company

2. For how much?


3. Who is the original creditor?

They are

4. How do you know you are being sued?

recieved a copy of the complaint

5. How were you served? Were you served?

By certified mail to my parents address

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


7. Where do you live?

VA being sued in NC served in TX

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

never, unaware any question of debt existed

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). unkown at this time other than apear on 1/17/07

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

no not on report

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


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?

It only says I may respond if I wish at anytime prior to trial. It also says I may just show up (small claims) The claim is for towing and storage of a vehicle I gave away years ago and believed long gone. The complaint says " Compaint to enforce possessory Lien on motor vehicle"

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

None other than vehicle id date of tow and storage began and amount at 90 plus 10 a day

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

have no idea

To be brief as possible had a car in bad shape DW had aqaintace through work needed a car her DH was Charlie Danials of the torqe wrench. I said if they want it come get it, I watched it roll away on a flat bed truck with a clear tittle and keys pretty much last I have heard of car since. Would seem they or whom ever left it somewhere and was simply towed off. As I said I have never gotten anything from them and they have had the vehicle since 11-08-06 (Towing company) gave away in 04 I think.

This is small claims pro-se, I see this as there standard operating practice. All I want is this to go away, they can have the car don't care I do care about stroking a check for 2200 bones, This is a shady deal, car is blue book at near or above what they want. Can I even be sued out of state?

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"Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages." (This of course is dealing with JDB)

Q: I have found this in the answers portion, could this be modified and used as a defense since they did not bother to attemp contact to resolve but rather let the car sit and artificialy inflate the storage cost they are seeking in judgement?

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Do you have proof that you signed off on title? Are the people you gave it to willing to help you? If it's not your car and you can prove it, that should be that. If the people you gave it to never converted the title you will need testimony to prove someone else took possession.

If there are extra charges do to the other sides failing to act, you would accuse them of "failing to mitigate" their damages, as part of your defense.

I would contact the court or give answer and challenge the courts jurisdiction over you, it is definitely an inconvenient forum.

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This is kind of a scam by the towing and storage company. They've known for awhile where to find you, but waited until their fees added up to a lot, then just sent you a summons. They won't ever admit doing any of this on purpose, but this type of company is on the same bottom-feeding level as JDB's and payday loan sharks, etc. Just a sleazy way to make money from other peoples misfortunes without doing any real work. I'm pretty sure they charge about $30 per day.

"Failure to Mitigate" is definitely one good defense as well as "Lack of Arms Length Transaction" (I think that's the one, anyway) since they just arbitrarily decided to charge you storage fees when you never wanted the car stored in the first place. Use those along with the standard "Lack of Causation" and "Unclean hands" (since they are obviously up to their shenanigans)

You also need to go on the offensive and file a cross complaint against the people you gave the car to, who got you in this mess in the first place, plus counter-sue the company.

Even though it probably wouldn't hold up, I would accuse them of fraud and take the position that you are outraged by this obvious attempt at extortion (I'm kind of a troublemaker, though.) But seriously, had they any integrity at all, they would have contacted you immediately upon receiving the car. Also try to get a change of venue to your local courthouse.

The point is to fight back, drag them into the light and make them explain how they justify any of the allegations against you (and run their legal costs up) A lawsuit, in essence, is a search for the truth, doncha know.

Since this is small claims court, you will probably be just fine without them, but

to learn how to prepare all these legal pleadings yourself, I would recommend www.jurisdictionary.com and pay the $89 for the .pdf files, then give yourself a good two hours to read them all. It's sort of a crash course, but a very good one.

Looks like the car is still in your name as far as the government is concerned, so you will have to take this seriously.

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