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Served Summons for invalid dent


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Hello,

 

I was served a summons by "Convergence LC". Their claim is that I owe roughly $700 for a credit card debt due to an over-drafted account. My account(s) with US BANK was closed in 2009. I am not sure if the SOL is in fact valid.

 

Their claim is false due to various reasons.

 

Pertinent Information Below

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1. Who is the named plaintiff in the suit? CONVERGENCE Receivables, LC

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

3. How much are you being sued for? $688.04

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

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

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

 


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? Never heard from them before

9. What state and county do you live in? AR - Pulaski

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations). Never Paid

11. What is the SOL on the debt? To find out:  5 Years?  

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). I was served the summons. Additional information to be added.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Does not appear on credit

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?  Their claim is that I owe for an overdrafted account

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. They only included a US Bank Deposit Account Agrement. My name nor signature appear on it

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