Being sued in IN rec'vd summons only

[myslyn]

Hi .

I am new to the forum so I am not sure if anyone will address this for me. I received a Summons from Red Rock Lake Financial on behalf of Providian National Bank back in Nov. 30, 2007. They did not have the account verification just the dollar amount they demanded. I knew that I would not give them anything.

I responded with a DV request immediately, sent certified mail on the 4th of Dec.to the attorney's office. I haven't heard anything back yet at all and I'm a bit concerned. I called the local St. Joseph County courthouse to see what the process was and they blew me off of the phone by saying that they had 6-8 weeks to get back to me.

First, is this true? And if so, they might try to insist on proceeding with the judgment but I wasn't given a court date at all. I am also concerned because I am unemployed but my husband and I just bought a home last year and my name is on the house. I don't want to endanger my home over this bill but this bill has exceeded the statue of limitations though I don't have anything showing this yet.

Any suggestions would be greatly appreciated!

myslyn

"time and chance happens to them all"

[kevin3344]

And if so, they might try to insist on proceeding with the judgment but I wasn't given a court date at all.

Yes they will. Make sure you answer the summons...file it with the court and send a copy to the CA. Get help from an atty if you need to but they will most certainly try to win by default. I didn't get a court date until I answered the summons and the CA requested a hearing...don't worry you'll get one. Just provide an answer now and go from there.

[myslyn]

Yes they will. Make sure you answer the summons...file it with the court and send a copy to the CA. Get help from an atty if you need to but they will most certainly try to win by default. I didn't get a court date until I answered the summons and the CA requested a hearing...don't worry you'll get one. Just provide an answer now and go from there.

Thanks alot, Kevin! Well, what happened on Friday is I read in the forum about replying to a summons to the court, and I almost lost it. The CA received a reply by cert. mail back in Dec. but I had not heard anything. All they were doing is waiting for the court to issue a default judgment since I had failed to send the response through them. I did not know that I was supposed to do all correspondence through them...*sigh*

I spoke to a clerk at the courthouse who sounded sympathetic and almost cut me off the phone until I told her that the CA had received a reply to them by cert. mail back in Dec. She then told me to make a 2nd response and deliver immediately to them (which I did!) and now, I will surely receive a response and a court date. The court kept a copy, I have a copy and the CA was sent a copy. Now, I am sure it will get interesting.

I am pretty sure that this debt is very close to expiration; it is no longer on my credit report after I complained about the age of the debt but I can't confirm when I made the last payment.

Anyway, thanks for your help!

"time and chance happens to them all..." from the Book of Ecclesiastes

[kevin3344]

Once you receive a summons you do everything through the court and copy the CA. Hopefully you entered SOL as your defense, if you're not sure make sure you get guidance from an atty.

[kevin3344]

I received a Summons from Red Rock Lake Financial on behalf of Providian National Bank back in Nov. 30, 2007.

One more thing, and this is an important distinction to keep in mind, that you did not receive the summons from a CA or atty...a summons comes from a court of law. It is telling you someone is suing you and you have to provide an answer, to the COURT, not the CA.

Having said that, and having been there myself, courts have specific ways of doing things. So make sure you understand the rules of civil procedures (RCP) for the court so that you do everything correctly. If you're not sure enlist the help of an attorney.

[myslyn]

Hi Kevin,

You are quite correct in telling me to make sure I understand who is doing the suing and how to handle the communication when one receives a Summons from the court. I do appreciate it very much!

Now, I know that this is backwards but I did not read (shame, shame, shame) the note on posting for direction/help in the forum before posting because of my haste in deriving a response. However, I am going to post the information as listed above so that this picture is clearer and hopefully can be understood...

1. Who is suing you? Red Lake Financial

2. For how much? 996.92 plus interest of 1117.68

3. Who is the original creditor? Providian National Bank

4. How do you know you are being sued? rec'vd summons

5. How were you served? summons left on door knob Were you served?not in person

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? indiana

8. When is the last time you paid on this account? at least 6 years ago

9. What is the status of your case (if anything has been opened)?nothing has happened on the plaintiff's end yet. The court thought that I had not responded because I wrote to the CA's attorney first but have since contacted the by responding to the summons the RIGHT way (Jan. 25) You can find this by a) calling the court or looking it up online (many states have this information posted daily).

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.

12. Does your summons require a response? Didn't see an interrogatory but I still was required to respond to their claims. We need to know what the "charges" are. Please post what they are claiming:

1. Defendant is indebted to plaintiff in the sum of 996.92 for goods, wares, merchandise and/or services sold and delivered by plaintiff's assignor at defendants special instance and request, and/or for necessary and essential goods, wares, merchandise and/or services furnished by plaintiff;s assignor to individuals or defendant(s) whose condition comfort and health, defendant(s) was (were) responsible to support and maintain.

2. That the balance due to this plaintiff is based on assignment(s) by original creditor(s) to this plaintiff. That plaintiff is the actual and bonafide owner to the instrument.

3. That the sum of 996.92 is now due and unpaid together with interest and costs pursuant to Indiana law.

Did you receive an interrogatory (questionnaire) regarding the lawsuit? No

13. What evidence did they send with the summons? None An affadavit? no A statement from the OC?NO Anything else they attached as exhibits?

14. What is the SOL on the debt? 6 years in Indiana

This debt was removed from my credit report last year when I told the CB that the debt was "old", any activity was creditor activity and that I had no contact with the creditor on the debt. Late in the year, I got the summons and here we are.

Now, the ball is in their court...so, now I have to sit and wait for them? Can I do anything to protect my assets in the case of them winning by default since I was late, so to speak, in my response?

Thanks again, guys...you rock!

[myslyn]

hi all!

Well, it's been a few months since i visited the forum to share my good news! The lawsuit had been sitting at the court for months after I submitted my Discovery of documents request and followed the advice in answering a surprise lawsuit. The courts told me that the attorneys had the next move and they were very quiet...last week, I got a letter in the mail from the law offices of Bowman, Heintz, Boscia and Vician representing Red Rock Lake Financial that the case had been dismissed without prejudice against me! I was, and still am in so much shock; what you guys offer here works.

You must follow up every letter in writing certified with the green card receipt, never give up hope that your case can be dismissed, keep good records and never give up hope that you too can beat these JDB!