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missbellie

HELP! I'm Sued by Main Street Acquisition & my 30 days ends Feb. 1, 2013

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Hi, i'm new to this forum and i'm in desperate need of help!

 

I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to prove what I allegedly owe and how MSA came up with the amount that I allegedly owe. I also read online that a lot of people saying that they won just by responding to the summons by writing the Request to Validate a Debt.

I went to the court clerk to file a response, but the clerk said that my letter is not valid and they don't accept it. She said I needed to file legal papers. They said I need to hire an attorney and file the same paperwork as the summons I receieved.

 

I do not know what to do, I am being sued for $1,261. Can someone or a lawyer please help me out?? It would be greatly appreciated!!!

 

1. Should I just call the Main Street Acquisition Corp and pay off the debt? If I call the plaintiffs attorney to pay off (the summon only has the attorney info and no info for Main Street Acquisition), do I need to somehow respond to the summons with the court? Can anyone help me explaining this process?

 

2. Is it true that the letter I wrote is not valid to respond to the summons? Do I have to hire an attorney to file the response? How come the internet, people wrote that they were able to reply by only mailing a Request for Debt Validation letter?

 

3. Is there any other way to beat this without hiring a lawyer?

 

 

 

 

LETTER I WROTE TO RESPOND:

DEFENDANT:

name

address

 

PLAINTIFF:

name

address

 

Re:

 

To Whom It May Concern:

I am sending this letter to you in response to a summons I received from you on date. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( B) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

  1. Provide copies of all documents or correspondences of what the money you say I owe is for;
  2. Explain and provide all documents or correspondence to show me how you calculated what you say I owe;
  3. Provide copies of all documents or correspondences that show I agreed to pay what you say I owe;
  4. Provide a verification or copy of any judgment if applicable;
  5. Identify the original creditor;
  6. Any and all copies of documents or correspondence from the Defendant to Plaintiffs
    predecessor in interest regarding the HSBC Bank Nevada, N.A. charge account
  7. Any and all copies of documents or correspondence from Plaintiffs predecessor in
    interest to the Defendant regarding the HSBC Bank Nevada, N.A. charge account
  8. Any and all copies of documents or correspondence from the Defendant to the
    Plaintiff regarding the HSBC Bank Nevada, N.A. charge account
  9. Any and all copies of documents or correspondence from the Plaintiff to the
    Defendant regarding the HSBC Bank Nevada, N.A. charge account
  10. Prove the Statute of Limitations has not expired on this account;
  11. Show me that you are licensed to collect in my state; and
  12. Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

  1. Violation of the Fair Credit Reporting Act
  2. Violation of the Fair Debt Collection Practices Act
  3. Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

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I am new to the site as well, so I can't give any personal advise but can try to provide some valuable links.  Be Prepared To READ till your eyes bleed over the next 2 days.  I am NOT a lawyer or even close to it, but if you have been served, as far as I know you need to answer the summons.  What you provided is certainly not an answer, from what I can tell.  You simply need to answer the summons, which has a specific format.  Check out this link below:

 

http://www.creditinfocenter.com/legal/ive-been-sued.shtml

 

Read that, then read it again.  Here is a good, albeit semi-aged, testimony from a member:

 

http://www.creditinfocenter.com/legal/i-won-lawsuit.shtml

 

Bottom line, if you want to fight this, YOU MUST ANSWER YOUR SUMMONS, and fast.  Hope this helps.

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First, answer these questions

 

It's also helpful to post the complaint, minus any identifying information. We don't need to know the exact amounts.

 

Your letter is a debt validation letter. It's too late for that. You need to answer the complaint properly, and no you do not have to have a lawyer. The people here are wonderful and extremely helpful, if you give them the info they need to help.

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