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I NEED HELP FOR MY SISTER.


Tsandy7
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1. Who is the named plaintiff in the suit?

PNC BANKNA, SUCCESSOR IN TO NATIONAL CITY BANK

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)WELTMAN, WEINBERG &REIS CO LPA

3. How much are you being sued for?

90,000

4. Who is the original creditor? (if not the Plaintiff)

NATIONAL CITY

5. How do you know you are being sued? (You were served, right?)

YES SERVED

6. How were you served? (Mail, In person, Notice on door)

MAIL

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

Process Service Requirements by State - Summons Complaint

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

Sent request for verification/validation to NES and weltman, pnc

9. What state and county do you live in?

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

unkown -was in chapter 13 BK; this was a line of credit; could not complete bankruptcy as lost my job. Now we are on social security /retirement.

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

allegedly 2003 acct opened

Statute of Limitations on Debts

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).

Suit server, must supply answer.

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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

Yes we did

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?

1. The Plaintiff PNC Bank is the Successor in interest to the National City Bank wherein on about the 02 day of July 2003, the Defendants mad application for a Line of Credit with the Plaintiff by executing an equity reserve agreement.

2. The defendants were granted a $120,000 line of credit where in as of January 31,2012, the defendant are indebted to the Plaintiff on the line of Credit in the amount of 90,000. Copy of account summary was attached.

3. The defendants have failed and refused to repay to the plaintiff the balance due and owing which also January 31, 2012 is owed and due, including interest, is 90,000. Judgment is request with3% per annum on the principal amount of $90,000.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Exhibit A an equity reserve agreement from National City dated 2003 (not legible); Exhibit B a Printed statement with a few payments listed. No statement from OC.

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90K ? One of the very few times a junk debt buyer might actually get witnesses to court and actually prove their case.

On the flip side, sounds like your judgement proof.

Is 90K really correct? If so, that is a number for an unsecured debt we don't see floating around. Just fight it like you would if it was 900.00 but if they sued I can't imagine for that type of money, if the evidence is available, they won't actually pay to get it and the witnesses to court.

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  • 2 weeks later...

Hello Everyone, thanks for the responses. This debt is for 90,000, some of which had been paid through chapter 13 when my sisters huband was working, the business he worked for folded and they had no money to complete the chapter 13. My sisters only income is soc sec. My sister went to PNC to ask for paperwork concerning this debt for the correct amount , they act like they knew nothing about this. He also sent letter to National City form information, they have not responded. This was an equity line of credit.

We are going to fight, we did file the answer to their claim.

Thanks everyone for the responses. Will keep everyone posted on what comes out.

thanks again.

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