dvlcatrngchris Posted August 6, 2013 Report Share Posted August 6, 2013 (edited) LIke the title states, just served in ID. 1. Who is the named plaintiff in the suit? Assett 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Local Law Firm 3. How much are you being sued for? >16K 4. Who is the original creditor? (if not the Plaintiff) FIA 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) 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? Letter dated 3 mo ago of intent 9. What state and county do you live in? ID-Canyon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/2/09 11. What is the SOL on the debt? To find out: 4 yrs? 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). Unk. Just served last evening 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. 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? 20 days I have contacted counsel and going forward. Edited August 7, 2013 by dvlcatrngchris Link to comment Share on other sites More sharing options...
Bob Fletcher Posted August 6, 2013 Report Share Posted August 6, 2013 From what you posted. it looks like you may be just past the SOL. You will need to plead that in your affirmative defenses and then confirm if it is or not,. Link to comment Share on other sites More sharing options...
dvlcatrngchris Posted August 6, 2013 Author Report Share Posted August 6, 2013 If the SOL is going from Delaware (origination of account) the SOL is 3 yrs. That is my starting point. Thanks! Link to comment Share on other sites More sharing options...
BV80 Posted August 6, 2013 Report Share Posted August 6, 2013 @dvlcatrngchris You are the defendant, not the plaintiff. The plaintiff is the company who is suing you. The law firm represents the plaintiff in court. What is the name of the company who's suing you? Link to comment Share on other sites More sharing options...
TomnTex Posted August 6, 2013 Report Share Posted August 6, 2013 @dvlcatrngchris You are the defendant, not the plaintiff. The plaintiff is the company who is suing you. The law firm represents the plaintiff in court. What is the name of the company who's suing you? LOL... I was just going to say the same thing, good catch. 1 Link to comment Share on other sites More sharing options...
Flyerfan Posted August 6, 2013 Report Share Posted August 6, 2013 When did they actually file the case? If they filed 5 weeks ago and you were just served, they may have snuck in under the wire. Have you tried to view your case status on line using the case number? Link to comment Share on other sites More sharing options...
Harry Seaward Posted August 6, 2013 Report Share Posted August 6, 2013 It would be helpful to see a copy of the complaint with personal info, court info, case numbers, etc removed. Otherwise, get an answer put together denying all of their claims and asserting a SOL defense. If it's a JDB suing you, assert a lack of standing defense as well. A Statute of Frauds defense wouldn't hurt either on a JBD case but probably won't get any traction down the road. Link to comment Share on other sites More sharing options...
Harry Seaward Posted August 6, 2013 Report Share Posted August 6, 2013 @Flyerfan OP says the contract is governed by Delaware law in which case the SOL has long since past. Link to comment Share on other sites More sharing options...
Flyerfan Posted August 6, 2013 Report Share Posted August 6, 2013 @Flyerfan OP says the contract is governed by Delaware law in which case the SOL has long since past. Ah. Missed that. Link to comment Share on other sites More sharing options...
dvlcatrngchris Posted August 6, 2013 Author Report Share Posted August 6, 2013 Edited the plaintiff. Will get an edited copy up later this evening. Legal counsel has said everything you guys and gals have. Great! Link to comment Share on other sites More sharing options...
BV80 Posted August 6, 2013 Report Share Posted August 6, 2013 @dvlcatrngchris Let me make sure that we're understanding each other. Just because a law firm is involved doesn't mean the law firm is suing you. They are representing the person/business who is suing you. If you decided to sue someone, you could hire a lawyer from a law firm to represent you. YOU would be the plaintiff because you are the one who's doing the suing. The law firm would NOT be the plaintiff. They would only be representing you. An example of a typical heading on a lawsuit might show: _________________, Plaintiff vs. you, Defendant Are you sure that FIA is not the Plaintiff? Or could it be a business (JDB) that claims to be an assignee of FIA? Link to comment Share on other sites More sharing options...
dvlcatrngchris Posted August 8, 2013 Author Report Share Posted August 8, 2013 "Legal counsel (My lawyer) was contacted by counsel for plaintiff this morning re our answer and counterclaim. He would like to know how much they would have to pay to make this case go away." We counterclaimed for quite a bit. They replied within 24 hrs trying to make this disappear. Should I go for legal fees or more? Not ever having done this should I go light or for the throat? Link to comment Share on other sites More sharing options...
Mantis Knight Posted August 8, 2013 Report Share Posted August 8, 2013 While going for the throat is satisfying, it increases the odds of them fighting and dragging it out. If you have counsel and not moving anywhere for a while, then let him slug it out for you until he gets all he can from them. Me personally I would get my legal fees covered, trade line removal, and an agreement not to sell the debt to any other entities. This is a smaller amount and more likely to just be given to get them out of the hotter water they are in. Link to comment Share on other sites More sharing options...
dvlcatrngchris Posted August 9, 2013 Author Report Share Posted August 9, 2013 While going for the throat is satisfying, it increases the odds of them fighting and dragging it out. If you have counsel and not moving anywhere for a while, then let him slug it out for you until he gets all he can from them. Me personally I would get my legal fees covered, trade line removal, and an agreement not to sell the debt to any other entities. This is a smaller amount and more likely to just be given to get them out of the hotter water they are in.I agree. Pay legal fees, trade line removal, and an agreement not to sell the expired debt to other entities. Link to comment Share on other sites More sharing options...
Flyerfan Posted August 9, 2013 Report Share Posted August 9, 2013 I agree as well. Don't give them a reason to pursue this hard. Link to comment Share on other sites More sharing options...
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