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AA has answered my discovery. we are most likely going to trial.


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AA has answered my discovery. There next move is to either file a summary judgement or wait for trial. I will post the papers when I get off work and can scan them.

 

Is this all scare tatics?. They have a signed affadavit from the  vice president of 5/3 bank on the  bulk sale of accounts.  They have account statements etc. I need to find the hole in there case.

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I don't know the back ground on your case, but an affidavit on a bulk sale doesn't mean your account was included in that sale. Account statements don't mean they own your account or that it's even your account. 

 

If you already have another thread with your case background, bumping that thread with the new information would be useful.

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I don't know the back ground on your case, but an affidavit on a bulk sale doesn't mean your account was included in that sale. Account statements don't mean they own your account or that it's even your account. 

 

If you already have another thread with your case background, bumping that thread with the new information would be useful.

Thanks I do not . I can post all the documents when I get home from work.   They also provided a unkown schduele A With a bunch of XXX for the other accoutns and wrote in my account. and provided accoutn statements from 2011 and 2012 they have a statement but it doesnt have a name or account number on it. I guess I wait until I can post the docs so it will be easier to see what I am talking about.

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It will be helpful it you fill out these Questions in this format. It is easier to read and will help others help you. Just leave out personal info and exact numbers.

 

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    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). 

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. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 


16. 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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