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Complaint filed against me


willfight
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I found out I have a complaint against me dated 10-28-10. I have not been served yet. I sent a DV to the JDB and it was received on 10-28-10. Also, I disputed the account with the credit agencies and they verified the account Nov. 2010. Should I have someone go to the court clerk and get a copy of the complaint before I'm served? I call the court every couple of days to see if they said that I was served. I don't what them to pull a fast one. Any thoughts what I should do?

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If you want to prepare your answer ahead of time, you could go ahead and get a copy of the Complaint. That way you'd also be able to see if they included any "evidence" with the Complaint.

You're right to keep checking with the clerk to see if a certificate of service has been filed.

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I have not been served, yet. There is no affidavit attached. It only has a generic cc agreement/app.

Complaint

1. The Plaintiff is the owner of the within credit card account through Purchase, bearing account number XXXXXXXXXXXXXXXXX.

2. By use of the account, the Defendant became bound by the terms in the Credit Card agreement. The existence of this debt is established in the exhibit attached hereto as Exhibit A. (They attached a generic Chase credit card agreement/app)

3. The Plaintiff has exercised its rights pursuant to the terms of said Agreement to accelerate the time for payment of the entire balance due and owing by the Defendant to the Plaintiff.

4. The amount now do is $ XXXX.XX

5. That further, the defendant account has accrued interest in the amount of $0.00, through October 15, 2010.

6. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so.

Wherefore, Plaintiff prays that this Honorable Court enter a Judgment in favor of Plaintiff and against Defendant in the amount of $XXXX.XX plus cost, interest, and attorney fee.

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