b10c0de

being sued, need advice halfway there

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I was served but wasn't here, dad recieved it but didnt sign anything, live with my parents and am in the process of disability, have no assets, no income and have had brain surgery 2 years ago, so im kinda slow, been cramming the past 5 days, have 10 to respond, and have filled out the petition and discovery they attached to the best of my knowledge of what i read, I live in Louisiana and am being sued by (debt collection agency). collection agency. I think the SOL has run out on it being it 3 years in my state but I'm not quite sure, I've researched as much as i could and need someone who could maybe give me some advice or a look-see at what i have filled out, the original credit card debt was from Chase bank, and is for the alleged $4,473 plus extra fees, just need a bit of advice and maybe some help to see if i havent filled this out incorrectly as i can not afford a lawyer not having income and being I'll. I thank any kind soul out there for they're help in advance, and this board is great! I can email a copy or message them the information more in depth, thanks again!

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I was served but wasn't here, dad recieved it but didnt sign anything, live with my parents and am in the process of disability, have no assets, no income and have had brain surgery 2 years ago, so im kinda slow, been cramming the past 5 days, have 10 to respond, and have filled out the petition and discovery they attached to the best of my knowledge of what i read, I live in Louisiana and am being sued by Fern river partners, LLC. collection agency. I think the SOL has run out on it being it 3 years in my state but I'm not quite sure, I've researched as much as i could and need someone who could maybe give me some advice or a look-see at what i have filled out, the original credit card debt was from Chase bank, and its for $4,473 plus extra fees, just need a bit of advice and maybe some help to see if i havent filled this out incorrectly as i can not afford a lawyer not having income and being I'll. I thank any kind soul out there for they're help in advance, and this board is great! I can email a copy or message them the information more in depth, thanks again!

How old is the debt? Is its older than the 3 year SOL?

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It if is past SOL and you can prove it is then you may well have a great defense to the suit.

However...

If you have no assets and are seeking or on disability as your only income source then I'm not sure I'd spend a lot of time fighting this...obviously it depends on your particular situation such as whether you will eventually recover and start to earn a good living again, etc. but whether they win or lose it doesn't sound to me as if there is anything "there" for them to take.

Just my $0.02

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yes im pretty sure its past the SOL, the alleged account is 5 years old around or more, and i have a spinal disease that can't be cured, only treated and other probs, and I have basically nothing, like I said no job, can't barely do simple things yet work, so no income at all, on state medicaid, have nothing in my name no vehicle, land, house etc... so i basically am dependent on my father, two of my friends who one which was 30k in debt and had recieved around 5 of the same suits 7 years ago told me dont do anything and his wife works for a firm and she said the same that im pretty much exempt theres nothing they can really take from me as i have nothing, he didnt do anything about his and they just went to default took his car and garnished some wages and that was it he showed me the paperwork, strange but yeah I am wondering if I should fight it or if its worth it, I have a couple days left to respond till monday to be exact and have a rough draft of my answers and all that but am not sure if its done correct plus the anxiety of the whole mess just makes my pain worse, but yeah I wondered that myself just forget the whole mess altogether

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yes im pretty sure its past the SOL, the alleged account is 5 years old around or more, and i have a spinal disease that can't be cured, only treated and other probs, and I have basically nothing, like I said no job, can't barely do simple things yet work, so no income at all, on state medicaid, have nothing in my name no vehicle, land, house etc... so i basically am dependent on my father, two of my friends who one which was 30k in debt and had recieved around 5 of the same suits 7 years ago told me dont do anything and his wife works for a firm and she said the same that im pretty much exempt theres nothing they can really take from me as i have nothing, he didnt do anything about his and they just went to default took his car and garnished some wages and that was it he showed me the paperwork, strange but yeah I am wondering if I should fight it or if its worth it, I have a couple days left to respond till monday to be exact and have a rough draft of my answers and all that but am not sure if its done correct plus the anxiety of the whole mess just makes my pain worse, but yeah I wondered that myself just forget the whole mess altogether

well, that is a tough one if you don't answer their is no debtors prison. If you do go and answer you still well no debtors prison, but may have a story to tell out of it. If you do not show you will automatically loose. I hope that makes since late at night and I normally will never post when I am about to pass out , but really feel for you here man.

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yes im pretty sure its past the SOL, the alleged account is 5 years old around or more, and i have a spinal disease that can't be cured, only treated and other probs, and I have basically nothing, like I said no job, can't barely do simple things yet work, so no income at all, on state medicaid, have nothing in my name no vehicle, land, house etc... so i basically am dependent on my father, two of my friends who one which was 30k in debt and had recieved around 5 of the same suits 7 years ago told me dont do anything and his wife works for a firm and she said the same that im pretty much exempt theres nothing they can really take from me as i have nothing, he didnt do anything about his and they just went to default took his car and garnished some wages and that was it he showed me the paperwork, strange but yeah I am wondering if I should fight it or if its worth it, I have a couple days left to respond till monday to be exact and have a rough draft of my answers and all that but am not sure if its done correct plus the anxiety of the whole mess just makes my pain worse, but yeah I wondered that myself just forget the whole mess altogether

I'm sorry for all you are going through; I really am.

As far as the suit goes...you have nothing to lose by fighting it because it really doesn't sound as if they can do anything to you if they win. You just have to decided if you want to; if it's worth your time to do it - only you can answer that for you. I suppose what I'm trying to say here is that there doesn't seem to be a "wrong" way to handle this.

I do wish you well! :-)

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So sorry to hear of your ordeal.

As to the SOL question, at top of this page you will find "Statute of Limitations". Click on it, scroll to UT. In the right column you will find the reference number you need. Click on it, read, and print it out. Use what is necessary to include in your answer as your defense, as noted by others above. If you have a copy of your credit report, look at it to see the date period of delinquencey, or, oldest dates showing on trade line. An old statement, anything, to ease your mind as to it this is or is not timebarred. Yes, you do mention as to your current condition, so the court is aware you may need assistance, if your presence is required.

Understand that Social Secuirty and most state and federal disability programs are exempt from garnishment, except for child support or taxes.

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