Being Sued by Regent Associates in TX

[wdlndblonde]

Below are the details of my situation.

1. Who is suing you?

Citation is from Regent Associates-Plantiff is Atlantic Credit & Finance

2. For how much?

Citaton states $6563.87 plus atty fees to Regents of $2k. Amt. is much larger than original debt.

3. Who is the original creditor?

Capital One Healthcare

4. How do you know you are being sued?

Citation left on residence door stating I am being sued.

5. How were you served? Were you served?

Not personally served. Order For Substitute Service attached to paperwork.

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

None. I've never heard of them nor received phone calls or mail. I was, however, contacted by NRC of Atlanta, GA last year. I then sent a Request For Validation. When none was received, I sent a 2nd letter requesting the information be removed from CBA's. Still no reply. I then filed disputes with the CB's and the entry was removed. I heard nothing further until this suit appeared on my door from a completely different CA (Regent Associates of Houston) who appear to be representing (?) the Plantiff, Atlantic Credit & Finance.

7. Where do you live?

Montgomery County, TX

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

Oct. 2006

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).

Montgomery County Courts have an online system where you can search all court dockets for a 14-day period. My name does not appear.

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

Capital One refused to speak with me so that was when I contacted NRC. I sent my letter Certified Mail to them and received no reply. It "appears" to me that NRC, after receiving a request for validation, then sold the debt to another company? (who have never attempted contact with me)

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

Yes...but from the company I *thought* was collecting (NRC).

12. Does your summons require a response? Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Citation states: "You are hereby commanded to appear by filing a written answer to the Plantiff's Original Petition, Request For Disclosures and Request For Admissions at or before 10 o'clock AM of the Monday next after the expiration of 20 days after the date of service of this citation before the Honorable County Court at Law #2..."

There is no questionnaire. The claims made by this Plantiff, amongst others, are that I have never requested debt validation or denied validity of the debt. Well, that's true because I requested it from who I *thought* had bought the debt...not THIS company who is now suing me!

It says on the citation that the Original Request for Admissions, etc. was filed on the 13th day of NOVEMBER 2008 yet I just got it on my door yesterday.

The claim is for Open & Stated Account/Debt/Breach of Contract.

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

Although the suit references proof and exhibits, the only thing attached is a one-page Affidavit of Debt. It is titled as being from Atlantic Credit vs (me) but the footnote at bottom of page states it is from Regents Assoc. It is notarized by someone in the State of Virginia. This document claims the following:

#6 - The interal Account Statement of Plantiff is attached hereto as Exhibit A and displays the account information that was provided to Plantiff at the time of Purchase and Agreement"

But, there is no Exhibit A or any other proof of the debt attached anywhere and again, I have never been given proof.

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

http://www.creditinfocenter.com/rebu...itations.shtml

4 years

Thanks in advance for any guidance on what I should do next (answer citation and wait?).

The reason for my original failure to pay :

1. This was for surgical expenses not covered by ins. The surgeon botched the procedure and spent the next 1+ yr fixing

2. During this same time I've been going through a divorce. The Final Agreement, which has still not gone to court due to delays, states that my husband will be assuming this marital debt.

[cjtx]

It looks like Regent is learning his lesson and now he gets sub. service instead of going for default judgments through sewer service.

First off, you need to go to the court and look at the paperwork. It looks like you did not get everything they filed. Get copies of anything you are missing.

Have you checked your credit reports? Are they reporting anything?

It does not look like Regent provided any records from the OC, so right there you can attack their affidavit as hearsay.

Ask for chain of title from the OC to them.

Send your own set of requests for admissions, request for disclosure, request for production and interrogatories.

File your answer in court. A general denial is generally enough. Do not miss your deadline. You need to send a copy of your answer to Regent via CMRRR.

In the meantime, you may get the paperwork stating that your ex is responsible for the debt.

Submit your own affidavit with a graduated denial. Search the forums or google it.