jmoe2008 Posted November 13, 2008 Report Share Posted November 13, 2008 1. Who is suing you? ARROW FINANCIAL SERVICES2. For how much? $2160, ALTHOUGH MY CREDIT REPORT SAYS $23003. Who is the original creditor? WASHINGTON MUTUAL4. How do you know you are being sued? I GOT CERTIFIED MAIL5. How were you served? Were you served? POSTMAN GAVE IT TO ME6. What was your correspondence (if any) with the people suing you before you think you were being sued?THEY CALLED ME EVERYDAY ON MY CELL AND AT WORK. THEY KEPT TRYING TO SETTLE FOR $1900 BUT I SAID I COULDN'T AFFORD. THEY KEPT CLLING EVERY DAY WITH THE SAME OFFER7. Where do you live? ILLINOIS8. When is the last time you paid on this account? APPROX 2005. I AM NOT SURE BECAUSE THEY WOULDN'T GIVE ME ANY INFO. I CALLED ORIGINAL WASHINGTON MUTUAL AND THEY WOULD NOT EITHER. SO FAR HAVE GIVEN ME ANY PROOF IT IS MY ACCOUNT9. 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). STATUS OF CASE IS A BENCH TRIAL SCHEDULED IN ABOUT 25 DAYS10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO. I DIDN'T KNOW I COULD UNTIL I FOUND THIS SITE11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. DITTO. NO AGAIN12. 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? MY RESPONSE WAS TO BE AT COURT. NO QUESTIONAIRE. THE COMPLAINT SAYS THAT I OPENED AN ACCOUNT WITH WASHINGTON MUTUAL IN GOOD FAITH. IT SAYS THERE IS A BALANCE DUE OF $2160. IT SAYS I FAILED TO MAKE THE REQUIRED MONTHLY PAYMENTS.13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?THEY SENT AN AFFIDAVIT OF INDEBTNESS. IT SAYS THAT "THE AMOUNT SHOWN BELOW (2160) ARE TAKEN/CALCULATED FROM THE ORIGINAL BOOKS AND RECORDS OF THE ABOVE NAMED PLANTIFF (ARROW) AS WELL AS FROM INFORMATION PROVIDED TO ARROW FINANCIAL BY WASHINGTON MUTUAL..." A LEGAL CLERK SIGNED IT FROM ARROW FINANCIAL.14. What is the SOL on the debt? To find out:5 YEARS. I AM NOT THERE YET!JUST A FEW MORE THINGS. I AM NOT IN THE SAME COUNTY THAT THE COLLECTION AGENCY IS IN SO THEY HAVE A LOCAL ATTORNEY ON RETAINER HANDLING THE CASE.THE ONLY QUESTION ASKED OF ME WAS ACCEPT OR DENY THE DEBT AND I SAID DENY. ALSO, WHEN I ASKED FOR A CONTINUECE MY COURT DATE WAS RE SCHEDULED AND I NEVER GOT SUMMONED AGAIN. I JUST HAPPENED TO CALL THE COURT HOUSE AND THEY SAID MY COURT DATE WAS THAT DAY. THEY HAD THE WRONG ADDRESS ON MY 2ND SUMMONS, THAT IS WHY I DID NOT GET IT THE SECOND TIME.PLEASE ADVISE Link to comment Share on other sites More sharing options...
admin Posted November 13, 2008 Report Share Posted November 13, 2008 Moving this to legal forum.... Link to comment Share on other sites More sharing options...
merrybucks Posted November 14, 2008 Report Share Posted November 14, 2008 You need to attack the affadavit as heresay. A legal clerk for Arrow can't possibly have any first hand knowledge of the debt. The plantiff would need records from Washington Mutual and an affadavit from the keeper of those records. Link to comment Share on other sites More sharing options...
jmoe2008 Posted November 14, 2008 Author Report Share Posted November 14, 2008 IS IT LIKELY THAT wASHINGTON MUTUAL WOULD PROVIDE ARROW WITH THESE DOCUMENTS? I WAS GOING TO SEND ARROW A REQUEST FOR DISCOVERY, HOW DO I DO THIS? I AM NOT SURE WHAT VERBAGE TO USE. Link to comment Share on other sites More sharing options...
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