mreed09 Posted September 12, 2013 Report Share Posted September 12, 2013 Hello , I am in need of help. My Dad (I handle all of his business) is being Sued by Cavalry SPV I, LLC Assignee of HSBC Bank Nevada. The other day my dad was summons by these people. He was in a agreement with Cavalry for about a 1 and half years of them taking $500.00 a month. We contacted them and asked to to stop they didn't so we put a stop payment of automatic withdrawal on the account. After that he started getting phone calls saying they would sue he just told them "do whatever you have to do" So now he is being sued for $18721.74 the Petition that he got with the summons says its a communication from a debt collector and the law firm handling the case is RAUSCH,STURM,ISREAL,ENERSON &HORNIK LLC ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION. It says i have 20 days to file a written answer. I don't deny the fact that he owns then SOME money but not all of the 18K but i don't have copies of the original papers. this is over 4 years old. I am not sure what my answer should even look like. I saw there was a form section on here, but i don't know what form i need to use. IF some could help i would be greatly appreciative. Link to comment Share on other sites More sharing options...
hot in az Posted September 14, 2013 Report Share Posted September 14, 2013 The statute of limitations in OK is either 3 or 5 years depending on if the consumer was provided clear terms in writing before acct use.If you go to the pinned section and answer the initial questions it will be easier to help you. Also if you can post what was in the summons. Link to comment Share on other sites More sharing options...
hot in az Posted September 14, 2013 Report Share Posted September 14, 2013 If you google how to answer a summons in oklahoma. Go down to #7 Answer a summons & Complaint-Bills.comClick on your state. It gives you a run down on what to do . The main thing in a case is to timely file everything. So read this and post any questions you have. Also cudo's for helping your dad Link to comment Share on other sites More sharing options...
BV80 Posted September 14, 2013 Report Share Posted September 14, 2013 You should read your court rules very carefully. If you're not an attorney, answering the complaint for your dad could be considered the unauthorized practice of law. If you're going to help him with his answer, he needs to be included in the process so that he understands everything. Unless he's incapacitated in some way, if he has to go to court, he must represent himself. If he doesn't want to do that, you need to see if your rules would allow you to speak for him. If not, you need to get an attorney. Link to comment Share on other sites More sharing options...
Recommended Posts