Jump to content

Being sued in Mo.

Recommended Posts

I am being sued and need help in how to proceed quicky.

1. Plaintiff -Portfolio Recovery Associates LLC but handled by local attorney

2. Amt owed over $3000

3. Original creditor HSBC

4.I know I am being sued because I received a summons to appear in court.

5. My 14 yr old daughter was served. I was not home.

6. I received correspondence 2yrs prior from different CA.

7. live in MO.

8. My old credit report shows the last payment made on this account was 12/2005.

9.I do not know status of case yet, my child was just served today.

10 .Account has never been disputed with the OC but was disputed with credit bureaus and removed from credit report due to SSN not matching.

11.This account has been disputed with a different CA.

12. You may be permitted to file certain responsive pleadings, pursuant to Chapter 517 RSMo. Should you have any questions regarding responsive pleadings in this case, you should consult an attorney.

13.They only sent a copy of a monthly statement showing amount owed.

14.SOL is 5yrs in Missouri

I provided TU with a copy of my ssn and they immediately purged all 3 major credit bureaus and removed this account along with others i disputed. This account did reappear again, however, a quick phone call to the credit bureau again removed the items. I really need to prepare for this lawsuit. I have 16 days before I am required to appear in court. The summons was dated on Oct 27, 2008.

Any and all help is greatly appreciated.

Thanks so much.

Link to comment
Share on other sites

I would file a response to the summons or show up in court and simply state that they have identified and sued the wrong person. Ask them to produce the SSN they have on file and if it does not match yours then the judge should dismiss it with prejudice. If you have copies of the communications with the credit bureaus that shows they have removed the original tradelines from yoru reports because the SSNs did not match then that bolsters your claim.

You really should get a consumer attorney for this though. A counterclaim up to $3000 can be done in small claims courts (Missouri rules) without having to file a seperate case. If they sued the wrong person that is a flat out violation of the FDCPA for which you are entitled to damages. Not only can they loose their case but htey may have to pay you. But competant legal counsel will be needed if you want to go that route.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.