Being Sued and Summons

[nervousinohio]

I already posted another thread about my suit with Wolpoff and all the details. Im trying again for some responses to the question....if I never received the Summons...what should I do? I found out by seeing it on Court website. It says the summons was returned for insufficient address. They did not have my apt # on it and our mail always gets returned if no apt#. Do I call the courthouse and get copy of it? Do they have to prove you were served? Please help.... thx

1. Who is suing you? Attorney for Wolpoff Gregory Kostelac

2. For how much? 3376.39

3. Who is the original creditor? Discover

4. How do you know you are being sued? Saw on Website

5. How were you served? Were you served? Havent been yet. Says certified mail returned due to insufficient address. (they were missing apt #)

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

7. Where do you live? Ohio

8. When is the last time you paid on this account? 2005

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). Filed and certified summons sent but returned due to poor address.

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

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? Unknown

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

14. What is the SOL on the debt? 15 years ohio?

[Big Time]

I'm sure they left the apt# off on purpose to try to get a sewer service that they could weasel their way out of if you caled them on it. From a Judges point of view, you found pout about the case, so it's all good.

You should answer with at least a general denial and not bother to complain about the crappy service for now. You may want to metnion it later if the Judge is in the mood to listen at one of the hearings.

If they didn't send proper validation, countersue them for continued collection activity.

2005 wasn't all that long ago, they may be able to prove thier case, but make them do so before you will negotiate any settlement with discovery requests.

Do you know if they are suing on behalf of a JDB?

[nervousinohio]

Yes they are suing on behalf of Wolpoff group.....

How do I answer with general denial?

Do I go to courthouse and get copy of complaint?

I called and the clerk said right now there is no court date as the summons was returned due to insufficient address.

Thanks for replying....youre the only one who did and I am desparate for some help and advice.

[nervousinohio]

Also I should add...last week I tried to call Discover and attempt to settle directly with them. They wouldnt help me at all...told me I had to call Wolpoff.

Anyone ever settle with Wolpoff group or Discover? If so please advise what you were able to settle on.

Thanks for any help. I am DESPARATE.

[montanatim]

You may find some info useful to you by doing a search on Wolpoff on this site.

[gator944]

So who owns the debt? Wolpoff or Discover?

[nervousinohio]

I have no clue who owns the debt at this point.

Plantiff on complaint is Discover.

I want to settle with Discover but the guy was a real a-hole on the phone. Said you have to contact Wolpoff.