thebigjdoe

Being Sued by Persolve LLC in California!!

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Main Questions:

i) Do I take this on myself, or hire an attorney?

ii) What is my first step based on the answer to i

 

Being sued for:

1) Open Book Account;

2) Money Lent; and

3) Account Stated.

 

 

1. Who is the named plaintiff in the suit?
 

Persolve LLC / Account Resolution Associates

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

(from online court site)

Attorney: Edit Alexandryan

Persolve, LLC , 9301 Winnetka Avenue

3. How much are you being sued for?

5k < ME < 10k

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

Wells Fargo Bank


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

Sewer summons to my old residence, I know the new tenants.

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

Sewer served.  Old residence told them I know longer live there and they dropped summons in driveway anyway...

7. Was the service legal as required by your state?

Nope


8. What was your correspondence (if any) with the people suing you before you think you were being sued?

No contact.  A few answered calls and i just hang up on them when they say who they are.


9. What state and county do you live in?

California


10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

~Middle 2010


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

4 years


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).

The latest notes on the online docket say, "Cv Summons Filed"

In Actuality I was sewer served last week

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?

Not sure, summons is dated 8/22/13, but it was just sewer served last week, and still says "Cv Summoms Filed" onine.


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

 

Affidavit of Venue

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Keep watching online for them to file that they served you. Then the period to answer will start. You could file a motion to quash, but it really won't do anything for you except delay the suit for a bit. If the sol were close to running it might be worth it, but since it's not, I would answer it to avoid a default judgement. Once you do answer it, send the lawyer a demand for a bill of particulars.

Read the pinned thread up top by astmedic's on "how I beat midland". It will kind of show you through the process, and has some great links to things you may need.

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