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Sued by Chase in CA, just barely past 30 days


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Ok, so my summons is dated March 9th. I received it right before leaving town and it is now slightly more than 30 days. I was not served the summons in person, they were dropped in my mailbox.

1. Who is suing you?

Chase Bank USA

2. For how much?

2 Accounts, one for $1647, the other for $2332

3. Who is the original creditor?

Chase Bank

4. How do you know you are being sued?

Received a summons in the mails

5. How were you served? Were you served?

I received a paper summons in my mailbox. Was sent usps from a law office.

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

Phone calls, emails, mail. For about 6 months

7. Where do you live?

SF, California

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

Not sure exactly, probably August or September, 2010

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

Not sure, can't find where to check the status

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? If not, don't bother doing this now.

No

12. Does your summons require a response in writing? (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?

Yes, written response required. Did not receive an interrogatory.

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

There is a verification from an officer of Chase Bankcard Services

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

4 yrs

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I am being sued by Chase in Michigan. I am surprised that they gave it to an attorney this fast instead of turning it over to a Collections agency (CA).

Did the attorney (CA) try to call you and did they send you a a letter stating you have the right to validation?

If so, did you send a validation letter to them?

What is there cause of action in the summons? Like breach of contract, account stated...etc. Is there an affidavit, account statements or terms and conditions attached to the summons?

Did you file an answer?

The name of the court should be on the summons. Go to the court and file your answer, if they did not send you a letter about your right to dispute, file a counterclaim under the FDCPA. This is a separate action and the judge might deal with it separately.

In your answer, in MS Word take the title and case number on the summons and copy it to you a blank document. You have to answer each numbered allegation or cause of action in the summons. Make sure you number your answer in the same way as the summons so if they have

Now comes Your Name, Defendant Pro Se in filing and for its answer to complaint against plaintiff, states as follows:

Answer in one of four ways: Never admit to anything in the summons other than verifying your name and address - unless they have the wrong information.

Defendant denies this statement as valid or is fraudulent.

Defendant admits that this is his/her city of residence

Defendant does not admit or deny the allegation as being untrue for he/she lacks sufficient information to form a belief and leaves the Plaintiff to their proofs.

After you answer each statement, then assert your defenses. Make sure you number them

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Also, reserve your right to arbitrate. There should be a clause in the terms and conditions. Also, check the date of the terms and conditions, these Debt Collection lawyers will most likely give you the terms for a completely different card. If the date on the Terms is older than the date that you took the card out, then use that in your counterclaim.

Finish it like this:

The Defendant, ________ respectfully submits his/her answer, counter claim and counter-affidavit to this honorable court ad requests this case be dismissed with the plaintiffs attorneys paying the court costs and attorneys fees.

I swear that all statements made are true and accurate to the best of my knowledge:

Respectfully Submitted,

__________________

Dated:

Make sure you include your counter-affidavit if there is one. If it is the debt collector or the attorney as the affiant in the affidavit or even someone that works for chase.

The counter affidavit should read something like this:

STATE OF CALIFORNIA)

COUNTY OF ________)

Your name being sworn states

I deny the claims made in the Plaintiff's Affidavit of Open Account/Account Stated. The Affidavit of account stated should not be admissible as evidence by not attaching the written instrument or terms and conditions of the agreement to the summons. Furthermore, the affiant is not an employee of the Plaintiff and does not have access to said alleged records to the Defendant.

Notice of Hearing and Proof of Service. You can use the two from the summons as examples.

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Forgot I setup my account with my old email!

I was pretty surprised they took it directly to court without sending it to collections as well. But, this from the same company that upped my interest rates to 30%, so not too surprising.

First some answers:

You have not replied to the summons as yet?

No, I have not

Was there anything telling you the time line required to

answer?

It says "the court may decide against you without your being heard unless you respond within 30 days." It's dated March 9th.

Did the attorney (CA) try to call you and did they send you a a letter stating you have the right to validation?

I changed my phone number recently, so it's possible they tried. I did not receive anything about validation as far as I know

What is there cause of action in the summons? Like breach of contract, account stated...etc. Is there an affidavit, account statements or terms and conditions attached to the summons?

Causes of Action are: Breach of Contract, Open Book Account, Account Stated. All three causes of action are listed for both accounts. None of the above are included, only a letter of verification from an officer of Chase Bank.

No other forms or anything else were included.

Ok, I've been trying to read about this in forums but it's all very very confusing because it's a lot of new terms and information. I'm really not sure how I should respond as y'all have several different suggestions. If you gave/give me a suggestion, can you please tell me the reason for it? I want to understand what I'm doing before I make a decision on how to respond. Thanks, it would be really helpful so I can piece things together.

Also:

-Was I served this summons correctly? I think it was just dropped in my mailbox. There wasn't any postal markers on the envelope. I could say I was out of town when it was put in my box and did not have adequate time to respond?

-No terms and conditions were attached with the summons. Were they supposed to be? What should I say about this?

Edited by lacolocho
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Also, I was planning on trying to settle this debt when I received some student loans in the fall. Should I mention my desire to settle the debt?

And, since its past 30 days should I try to find out if a judgment was already made? How?

Edited by lacolocho
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Also, I was planning on trying to settle this debt when I received some student loans in the fall. Should I mention my desire to settle the debt?/

I hope Calawyer will jump on this....

You are beyond 30 days. You may have lost this.

The most important thing you can do is to call your court the first thing in the morning and tell them when you got home from being out of town you found this in your mailbox dated march 9 telling you you have 30 days to reply.

Ask them what you can do because you got back after the 30 days was up.

That is one date no court will overlook and no matter what suggestions anyone here can offer, if you can't appeal to the court for an extension

then nothing anyone can say will help.

UNLESS... you call them and tell them you want to work out a solution

and see if you can buy time till you get your student loans....

Which by the way may not happen if you end up with a judgment on your credit reports.

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I hope Calawyer will jump on this....

.

I did respond and asked if this form was included. http://www.courtinfo.ca.gov/forms/documents/pos015.pdf

One cheap way to serve in California is to use a Notice and Acknowledgment of Receipt. That is the form I linked. If you get this form and return it, plaintiff does not have to go to the expense of having you served personally. The nice thing for you is that you are deemed to be served on the day you sign the acknowledgment. That means you have 30 days from that day to file an answer.

So, look carefully. Did you receive this form?????

In any event, it is time to prepare your answer. Even if you are late, the clerk will accept your answer any time as long as a request for default has not been filed. Here is a link that will tell you how to prepare an answer: http://www.creditinfocenter.com/forums/showthread.php?t=305160&highlight=general+denial

Good luck.

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That's what I thought, which is why they're supposed to serve you in person, right?

I was out of town, and could easily say I just received it a week ago.

The fee waiver I fill out a different form, right? I think I saw that on the CA legal website.

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