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served on Easter Sunday Night, ...get an Attorney?


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Ok, so my wife  and I were served Sunday night by velocity investments, not the OC. im certain SOL is eaither up or VERY close. I am pretty sure this is a JDB that has decided to spam lawsuits. I don't believe its even our debt, as the amount is far more exaggerated then anything we had in the past.

 

We already have a default judgment against us from another suit because the last process server didn't serve us. I found the summons in our front yard under a bush while doing yard work, and the time to respond had passed already. I figured I was screwed, but now I have read about vacating a judgment, so perhaps I can look into this. 

 

This current suit only has my wife on there, and has me as "John Doe", and makes very vague claims with no credible documentation to back it. So, ...Should I look into an attorney? I live right here in Mesa Az, and I'm not sure on the next step. I know I must respond, however is it better to fight it myself or get an attorney.? Also, does anyone here know of some good AZ attorneys that handle such cases? 

 

thanks guys!

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If you can afford an attorney I think I'd do that. I was also just served and I'm doing it myself. I answered my summons and within a week I had a court date. This forum is great and lots of people here will help you. Good Luck!

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Answer these and we can help you decide.

 

 

1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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?

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)

11. What is the SOL on the debt?

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).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?

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.

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.

16.We need to know what the "charges" are. Please post what they are claiming. Common counts, account stated,breach of contract,for money received on behalf of the plaintiff, open book account,unjust enrichment.

17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

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

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