Civil Complaint PA

[apex]

1. Who is suing you? Barclays Bank

2. For how much? $3,000

3. Who is the original creditor? Barclays Bank

4. How do you know you are being sued? Served a Civil Complaint

5. How were you served? Were you served? Officer left notice with neighbor

6. What was your correspondence (if any) with the people suing you before you think you were being sued? none recently

7. Where do you live? Montgomery County, PA

8. When is the last time you paid on this account? 2/19/09

9. What is the status of your case? I was just served papers the other week. I have until next week to respond

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? no

12. Does your summons require a response in writing? No questionaire, need to respond within 20 days

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? None

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

COMPLAINT IN CIVIL-ACTION

1. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendants was issued to the defendants by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities.

2. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card.

3. The defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account or Affidavit of Account, if available, is attached hereto as Exhibit "A"

4. All the credits to which the defendant is entitled have been applied and there remains a balance due as of 6/24/10 in the amount of $3,016.99.

5. plaintiff has made demand upon the defendant for payment of the balance due but the defendant has failed and refused and still refuses to pay the same or any part thereof.

6. Defendant's last payment on account was made on 2/19/09.

WHEREFORE, plaintiff claims of the defendant the sum of $3,016.99 plus applicable costs, interest, and attorney's fees.

Exhibit A is a blank page

Anyways I was left with this notice the other week, and am looking for some advice on how to proceed. I've read a bit and some people have said to file a motion to dismiss since there are no documents attached. I am not dealing with a JDB, its with the OC direct so I have a feeling they shouldn't have a problem pulling up the original documents. I have a few other much larger credit cards through BOA that I had fallen behind on and started paying off again. But with this coming up I'm not going to be able to make payments on those and will likely file a DV after reading about that. I don't have the $$ to go thru a lawyer at this moment, any advice on what to do right now? Thanks.

[donqII]

1. Who is suing you? Barclays Bank

2. For how much? $3,000

3. Who is the original creditor? Barclays Bank

4. How do you know you are being sued? Served a Civil Complaint

5. How were you served? Were you served? Officer left notice with neighbor

6. What was your correspondence (if any) with the people suing you before you think you were being sued? none recently

7. Where do you live? Montgomery County, PA

8. When is the last time you paid on this account? 2/19/09

9. What is the status of your case? I was just served papers the other week. I have until next week to respond

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? no

12. Does your summons require a response in writing? No questionaire, need to respond within 20 days

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? None

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

COMPLAINT IN CIVIL-ACTION

1. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendants was issued to the defendants by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities.

2. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card.

3. The defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account or Affidavit of Account, if available, is attached hereto as Exhibit "A"

4. All the credits to which the defendant is entitled have been applied and there remains a balance due as of 6/24/10 in the amount of $3,016.99.

5. plaintiff has made demand upon the defendant for payment of the balance due but the defendant has failed and refused and still refuses to pay the same or any part thereof.

6. Defendant's last payment on account was made on 2/19/09.

WHEREFORE, plaintiff claims of the defendant the sum of $3,016.99 plus applicable costs, interest, and attorney's fees.

Exhibit A is a blank page

Anyways I was left with this notice the other week, and am looking for some advice on how to proceed. I've read a bit and some people have said to file a motion to dismiss since there are no documents attached. I am not dealing with a JDB, its with the OC direct so I have a feeling they shouldn't have a problem pulling up the original documents. I have a few other much larger credit cards through BOA that I had fallen behind on and started paying off again. But with this coming up I'm not going to be able to make payments on those and will likely file a DV after reading about that. I don't have the $$ to go thru a lawyer at this moment, any advice on what to do right now? Thanks.

I sent you a PM

[apex]

Anybody else any pointers? links? help? I've been searching around the site have found a few things to help me out but more is always better. Thanks.

[Southie]

You've found a great site- just keep using the "search" tool for "original creditor" and other keywords pertinent to your case, you'll learn a lot. I'm being sued by a JDB, but in a thread where I had a question, a helpful contributor here named "Massive" wrote:

Another reason why you don't just lay down when sued by an "original creditor" is they need to prove they own the alleged debt if you demand they produce proof, also demand proof of any write offs and bad debt insurance they have collected. They don't like that. lol

I have another quote I saved from "Massive" on the topic of the Original Creditor: Here he wrote "Original Creditor's affidavit is inadmissible due to no foundation. No complete, authenticated records provided to make the statements in the affidavit admissible. Has the Plaintiff established on the record their right to file suit in the State Of Illinois?? Has the law firm bringing suit against you provided evidence on the record stating that they even have authorization from the "Plaintiff" to file this action?? I didn't think so. In the discovery phase use in your Motion For Production of Documents a request for the employment records of the Affiant."

You can see that there are folks here with very helpful information.

You could also do a "search" for threads where some helpful contributors have posted recently: such as KentWA, Massive, Chapel Hill...

From reading some of their comments, these folks will give you some inspriation to get started, good luck!