I admited I had a CC with OC, but denied everything else; help for Opposition to MSJ

[Guest overit]

1. Who is the named plaintiff in the suit? Calvary as Assignee of HSBC

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

3. How much are you being sued for? Less than $5k

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

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

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

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

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

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

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

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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Cant find it online. Went through discovery.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Only with one Credit Bureau and for Collection Agency, was validated as correct by CB.

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 sent my response, answers, afirmative defenses, and did one round of discovery, both sides answered.

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. Sent Affidavit of Claim, Exibit A as CC agreement, Bill of Sale showing HSBC sold account to Calvary, but did not provide the Sale File in Discovery, but then added on in MSJ, also changed the affiant in MSJ.

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible):

1. Who are you suing?

2. How old is the debt?

3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report?

4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion.

5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection?

6. What state are you in?

7. What kind of debt is this? (credit car, auto loan, student loan)

8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated...

[Coltfan1972]

What you have done is challenged their standing, good job !!

Use the search function at the top and search standing. Also you can click on my name and go through the posts on standing. You're on the right path for sure, good job.

[inthesticks]

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

Did you really mean to say this? Because if this debt is outside of SOL that should end it right there.

[BV80]

Make sure you're outside the SOL. The SOL for cc debt in GA is 6 years.

[legaleagle]

HSB is Nevada, 4 year SOL