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Unsure what to do, being sued.


catface
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I have recently been receiving letters from attorneys in my state wanting to represent me after they were notified I was being sued. This came as a shock to me because I had never been summoned for anything. One of the letters actually had a case number and I looked it up online to find out I actually am being sued by a debt collector. Literally 20 minutes after finding this online, an officer knocks on my door and hands me my summons papers. It was creepy.

I have never been sued or summoned before. The paperwork the officer gave me has a half that looks like it's for the sheriff to fill out. They did not sign the signature line or fill out anything else. I understand I need to respond to this ASAP so they don't win by default but I am unsure of where to send a response to.

What steps do I take after responding to this summons? What happens if I lose? I am unemployed without a dollar to my name at the moment.

1. Who is the named plaintiff in the suit? Midland

2. What is the name of the law firm handling the suit? Irwin James Frankel

3. How much are you being sued for? Around 1k.

4. Who is the original creditor? A credit card company.

5. How do you know you are being sued? I was served this morning.

6. How were you served? In person via a sheriff.

7. Was the service legal as required by your state? Yes.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I did not speak with anyone from this company.

9. What state and county do you live in? Missouri, Franklin.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2008.

11. What is the SOL on the debt? 5 years I think?

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I'm to appear in court in 2 months. That's all I'm aware of right now.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

14. Did you request debt validation before the suit was filed? No.

15. How long do you have to respond to the suit? (This should be in your paperwork). 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? The paperwork I received does not give me a date to respond by, but the case information online says I have 1 month to do it. No questionnaire.

16. What evidence did they send with the summons? An account number with Midland and the balance. It also shows the date of when they purchased it from the credit card company.

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Benvenuto! :)++

Just keep in mind, most posters here were once like you... shaking in their boots. Now they are using those boots to kick some culo!!

Once you are done panicking, figure to spend the next two weeks reading and learning. Your new "date" from now on will be your computer. You need to start reading and learning YOUR court's Rules of Civil Procedure, the CIC website (where we are now), and learning how to google search like never before!!

Now... get going!!:mrgreen:

EDITED to ADD:

And be sure to read this thread: http://www.creditinfocenter.com/forums/please-read-before-posting-board-announcements/285059-dont-post-personal-information.html before you do more posting... my motto... CYA!!

Edited by MamaCaldo
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