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unserved lawsuit filed by infamous unifund, LLC


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Collection company, unifund llc, hired local PA(lawyer) to file credit card lawsuit in county court 11/13/2012, but still I have not received "writ of summons" yet and no legal letters from court or nobody, but according to court website, they said the notice was already sent out on 11/15/2012 and the trial date set for 1/7/2013.But this is wrong, they didn't serve it.

I didn't owe any money to unifund, llc.

at this moment, what should I do?

if I don't take any action, then the plaintiff might get the default judgement, right? even though they falsely present the serve document to judge...? Do I need to send letter to court and PA and request writ of summons? or just keep waiting until 1/7/2013, and just attend court on 1/7/2013? what can I do?

Thanks,

 

 

==========================================

1. Who is the named plaintiff in the suit?:   unifund, llc.



2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) :  Peroutka & Peroutka, PA in Pasadena MD 21122

3. How much are you being sued for? :  $15,728.32

4. Who is the original creditor? (if not the Plaintiff) :  citi card (bank)

5. How do you know you are being sued? (You were served, right?) : not served yet, but I knew that from AD letters from 4~6 other attorneies.

6. How were you served? (Mail, In person, Notice on door) => not yet.

7. Was the service legal as required by your state? : n/a

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? : They sent me letter about debt on September, and I requested them to provide me the debt valiadation and chain of title with all parties signature, but they didn’t send me anything.

9. What state and county do you live in?:  Maryland, Howard County.
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations):  July/9th 2010.

11. What is the SOL on the debt? To find out: 3 years. SOL starts from the last date of payment OR last time of communication with unifund?

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).:  trial set for Jan/7th 2013.

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.

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? :  not yet.

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. : don’t know yet.

 

 

Thank you,

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Please answer the questions in this thread. It will help everybody to understand your case. Although don't use your real name, you can stay anonymous. http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

Help is here and lot of it and all the steps and documents you will need. This place is amazing!

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I draft the below letter and will send to Court and PA tomorrow morning if no one here oppose it, so please let me know could this letter help me or not? ASAP; Thanks YOU all,

 

Dear District Court for Howard County

Case #: XXXXX

 

[Notice of intention to depend and request of trial date re-schedule]

 

I have not received any “write of summons” regarding civil case# XXXXXX.

It has not been served.

But according to Court web site record information, Unifund CCR, llc said they sent notice on 11/15/2012 and trail date was set for 01/07/2013. But this is incorrect, they never served.

 

Therefore, I would like to request for court to send me all document plaintiff filed and reschedule of the trial date accordingly since I will need time to prepare the trial.

 

I contest the claim and I don’t owe any money to unifund, llc.

I also demand proof of the Plaintiff’s claim.

 

Please note that I sent the enclosed letter to unifund,llc and peroutka & peroutka, PA on 11/20/2012, and they didn’t provide me with any document which proves the alleged debt.

 

 

Very truly yours,

 

 

Date

 

From OOO

 

Cc: peroutka & peroutka, PA

8028 Richie Highway, ste 300

Pasadena, MD 21122      

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Today, I didn't have time to stop by County Court, but when I returned home around 7pm, the following sticker has been posted on my main door:

"Mr. Mrs. Miss ______my name____

 

WE HAVE ATTEMTED DELIVERY OF A SUMMONS. IT IS IMPORTANT YOU CALL IMEMEDIATELY. IF YOU DO NOT CALL, I WILL REQUEST AN EVASION AFFIDAVIT.

CALL ASAP

Michael Blue 410-440-8003"

 

So, I called him right away, but automatica answering voice, so I left a vmx.

 

What do I need to do now??

Thanks,

 

ps) "Michael Blue" is this real name?

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I went to Court today and paid $6.50 to get the copy of all documents which plaintiff filed. It consists of these:

( there is no interrogatory questions)

 

1) Writ of summons: date files 11/13/2012, trial date: 1/7/2013, Must be served by dec 16. 2012...

 

To Private Process Server:

all blank...

no check box...

I certify that:

(unchecked) served a summon by ..... ................ ...........

 

(uncheck) I was unable to server.... .... .........................

 

-------------------- Notice of Intentioan to depend--------------------------

.....

....

...

 

 

 

2) EXHIBIT 1: citi bank monthly bill statement of March/9/2011, balance: $12960.68

3) EXHIBIT 2: 

(a) BILL OF SALE AND ASSIGNMENT

 

This bill of sale and assignment, dated June 18, 2012 is by Citibank, N.A., a national  banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 ( the "BANK") to Pilot Receivables Management, LLC, organized under the laws of state of Ohio, with its headquarters/principal place of business at 10635 Techwoods Circle, Cincinnati, OH 45242 ( "Buyer").

 

For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated June 18, 2012, between Buyer and the Bank ( the "Agreement"), the Bank does hereby transfer, sell, assign, convery, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file.

 

Citibank, N.A.

By ___________signature___

Name: Patricia Hall

Title: Financial Account Manager

 

(b.) BILL OF SALE

This bill of sale is effective as of September 7, 2012 between PILOT RECEIVABLES MANAGEMENT, LLC, an Ohio limited liability company ( "Assignor" ), and UNIFUND CCR, LLC, an Ohio limited liability company ( "Assignee").

 

Assignor, for value receive transfers, sells, assign, convery, grants  and delivers to Assignee free, clear and unencumbered title to the Accounts described on attachment A and all of Assignor's rights thereto effective as of September 7, 2012. The sale is without recourse to Assignor and without warranty of any kind ( including, without limitation, warrantoes pertaining to title, validity, collectability, accuracy or sufficiency of the information, and applicability of any statute of limitations) except as stated herein.

 

[PILOT RECEIVABLE MANAGEMENT, LLC]

 

By:____SIGNATURE__

Name: Morgan J, Smith

Title: Vice President

=====================================================================================

 

as of now, 12/18/2012 8pm, the serve has not been made. I called Michael Blue many times and left three vmx and sent text msg, but no response from him and no visit to my home.

at this moment, what should I do?

file a motion to quash service? and/or send the bottom portion of writ of summons, " NOTICE OF INTENTION TO DEPEND" to court?

 

PLEASE let me know what should I do now?

 

Thank you,

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You may not need a motion to quash if it is still showing you were not served. Please check on-line.

 

Start working on an answer and look at the documents they sent you. No affidavits? Is your account number and name on BOTH bills of sale? They have not served you discovery?

Dear Flyerfan,

Thank you millions!

After I read your post this morning, I picked up the phone can called asked to District Court of Howard County about "serve", she answered me it still showing "Not Served", so I asked her " I don't need to come to court on Jan/7th trial date?", she said " yes, you don't need to come".

I have not sent the answer sheet yet.

According to her answer, it looks like at this moment, I don't need to do anything, right?

even I don't need to answer the writ of summons (which I got a copy by myself ), right?

and I don't need to show up court on Jan/7/2013(supposing continue NO Serve until jan/6), right?

Thanks,

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I would continue checking to see if it is scheduled. Is there an on-line place to look up your case? There is usually a court docket that tells you when motions will be heard, when trial is, the status of filings, etc. If so, continue to monitor it and call. If the court date still shows up, I would definitely go to court. There you can explain that you were never served and were waiting to be served as you are unaware of why you are being sued.

 

If the lawyer shows up on 1/7 and you don't (assuming it stays on the schedule) you can guarantee that crooked SOB will file some phony service and get a default.

 

My two cents.

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You may not need a motion to quash if it is still showing you were not served. Please check on-line.

 

Start working on an answer and look at the documents they sent you. No affidavits? Is your account number and name on BOTH bills of sale? They have not served you discovery?

 

On the documents Paintiff's attorney filed, two Bill of Sale, there are NO Affidavits. there are NO my account # and Name, and they have not servered me the discovery.

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On line, I don't know how to look up the docket information, the only place I can look at it now is the general one page case information, but this on-line page doesn't have section about serve or not serve....that's why I called to Court this morning.

 

Can I trust what she(court) says on the phone?

I will call court one time per week and one day before trial date, and also regardless of what she said, I will show up court on jan/7/2013 in case if they show up to prevent default judgment.

Sounds OK?

Thanks,

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How's that case against you looking so far? You don't have to dig too deep to find flaws with these guys.

 

No affidavit means nothing has been authenticated. Those statements? Yeah, they need to be authenticated before they're admissible.

 

Bills of sale that say they bought some accounts and maybe, just maybe one of them is yours? I'm unimpressed.

 

Right now they have "Pay me money because I'm suing you and I say you owe me money". 

 

Keep checking the status of your case up until 1/7. In the mean time, educate yourself regarding "standing". Coltfan1972 has a GREAT thread that will help you understand it. Here's the link.

 

http://www.creditinfocenter.com/community/topic/312714-standing-when-dealing-with-jdb/?hl=%22standing+when+dealing%22

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  • 1 month later...

Hi all,

I would like to update my case now,

I attended court but there was no docket# and no room # assigned, so I asked office then they told me to go room#, so I waited and Judge called me, but No one from plaintiff side, judge told me that "you will need a lawyer to depend you", " you will receive summon", so I came home and waited. I received the summons or writs yesterday night, it shows the file date is Jan/10/2013, and the trial date is March/4th/2013.

All documents are exactly same as before, EXHIBITs are also same.

I will send the bottom portion of writ of summon which notify court that I will attend the trial date and fight it.

I will say it like " I don't owe any money to unifund, llc"

On plaintiff's documents, there are NO interrogate questions and such,

But right now before trial date, what should I do? do I need to send some letters to plaintiff(attorney) for something? or just do nothing and just attend court on March, 4th. after mailing the slip of answer sheet?

Please guide here....

Thank you,

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