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Please help! First time going to court!

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1. Who is the named plaintiff in the suit? LVNC Funding

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Apothaker & Associates

3. How much are you being sued for? Summons says $700 credit report says $800

4. Who is the original creditor? Credit One Bank

5. How do you know you are being sued? certified mail

6. How were you served? mail

7. Was the service legal as required by your state? As far as I know

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? None, ignored phone calls, & letters

9. What state and county do you live in? PA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) No idea according to my credit report the act was opened in the summer of 2008. So its just shy of PA's SOL of 4 yrs.

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

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 served

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. 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?

I had 30 days to respond & my local court requires you call & notify them if you plan to defend. I did that within the 30 day period as well as sent them preliminary objections by certified mail.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

Just a copy of a statement showing the balance I owe and it does not include any charges made to the account, payments, interest etc.

Basically this is what happened... ignored the calls and letters for a long time from these people. I got the summons & freaked out. I didn't know what to do so I called the collector attorney & spoke to one of the reps there trying to work out a payment. I was hoping they'd settle for 40% less since the balance I owe is more from interest fees rather then the actual credit limit. The guy confirmed the phone call was recorded & asked if this was my debt. Then asked me a bunch of financial questions about all my bills and how much my husband makes etc. I was stupid and answered them. Anyway the guy wanted me to make a payment of $600 over the phone right away & give him my checking act info. I am not THAT stupid I told him I want something in writing. He was reluctant but said they'd email me & send me a letter. 2 weeks go by. Nothing. Now he's constantly calling me.

I responded to the summons saying I planned to defend & sent the court preliminary objections.

My objections are all based on lack of sufficient information. No original contract, no statement showing charges I made, payments I made, etc. They only refer to themselves as an "assignee of credit one bank" they didn't provide anything from credit one stating the account was assigned to them.

I do not know where to go from here at this point or what I am supposed to say at the hearing.

Do I just go over my objections in front of the magistrate? I planned to admit that I did have a card w/ credit one but have had no agreement with this LVNC funding and other then stating I owe them money I have no other proof.

I've been researching information for a few weeks & have found great stuff but a lot of it contradicts each other.

If I'm going to defend myself in court I do not want to look like an idiot in front of the judge. Any advice someone could offer would greatly be appreciated.


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Now he's constantly calling me.

About what? Collecting? This is an FDCPA violation. Photograph your caller ID. Once suit is filed they are not supposed to pursue collections activity. This is a $1,000 violation. I would file a counterclaim, watch how fast they dismiss. You can also send them an "intent to sue" letter citing the FDCPA statute. Coltfan knows about this, he'll give you a better read. This is prob small claims court. Very informal.

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