JT7 Posted November 12, 2013 Report Share Posted November 12, 2013 1. Who is the named plaintiff in the suit? Liberty Acquisitions Servicing LLCPO Box 17210Golden, CO 80402 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Robert BuschP.O. Box 17090Golden, CO877-328-6180 3. How much are you being sued for? Unknown 4. Who is the original creditor? (if not the Plaintiff) Unknown 5. How do you know you are being sued? (You were served, right?) Deputy Sheriff attempted to serve me at previous address where family still resides. Searched Nebraska court cases and found it. 6. How were you served? (Mail, In person, Notice on door) Have not been served thus far. 7. Was the service legal as required by your state? No. (An individual party, other than a person under the age of fourteen years, may be served by personal, residence, or certified mail service.) 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? None. 9. What state and county do you live in? Nebraska, Douglas County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure who/what the alleged account is. 11. What is the SOL on the debt? To find out: 4 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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Return-SummonsThe document number is ********Served Dt Unknown, Scotts Bluff County SheriffNo Service***** ********** is living in *********. Address unknown. 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? Unknown. ----- I would like some direction on what I should do at this point? I would like to prepare myself for if/when I do get served so I have a jump on them and have any initial paperwork already prepared. I want to go to the bloody end with these JDB companies. Link to comment Share on other sites More sharing options...
ArtVandelay Posted November 12, 2013 Report Share Posted November 12, 2013 What was your original question? Probably not enough info to help you yet. O.T. What are the odds of someone with the last name Busch from Golden, CO.?!?!?! Link to comment Share on other sites More sharing options...
Spikey Posted November 12, 2013 Report Share Posted November 12, 2013 You should check to see if their lawyer is a member of the Nebraska Bar. Based on quick Google map search, it's a 8 hour drive from Golden to Douglas County. This likely means they'll be using a local firm to handle court appearances. It's hard to do much at this point until the complaint is in your hands. Take a look and see what other Nebraska cases have threads on the forum. Link to comment Share on other sites More sharing options...
racecar Posted November 12, 2013 Report Share Posted November 12, 2013 I would go to the Scotts Bluff County Sheriff Dep't and pick up the summons if not they will post and ad in the newspaper and you will then be served and they will hold court without you and get a default judgment. see 25-518.01 Its easier to fight these from the beginning then overturning a default judgment. There is no need to avoid service Get served and post up the complaint and we will help you answer. I'm sure with the attorney being 8 hours away he is counting on a default judgment, since most people don't show up for court. 25-518.01. Service by publication.Service may be made by publication (1) when such service is elsewhere provided for by statute or (2) when ordered by the court. 1 Link to comment Share on other sites More sharing options...
JT7 Posted November 12, 2013 Author Report Share Posted November 12, 2013 I would go to the Scotts Bluff County Sheriff Dep't and pick up the summons if not they will post and ad in the newspaper and you will then be served and they will hold court without you and get a default judgment. see 25-518.01 Its easier to fight these from the beginning then overturning a default judgment. There is no need to avoid service Get served and post up the complaint and we will help you answer. I'm sure with the attorney being 8 hours away he is counting on a default judgment, since most people don't show up for court. 25-518.01. Service by publication.Service may be made by publication (1) when such service is elsewhere provided for by statute or (2) when ordered by the court. Scotts Bluff County is on the other side of the state, almost 7 hours away from here. How would I go about getting it transferred? Link to comment Share on other sites More sharing options...
JT7 Posted November 12, 2013 Author Report Share Posted November 12, 2013 I just called Scotts Bluff County Sheriff's Dept. They said that they sent "it" back to Robert Busch since I didn't live in or around the area anymore. They gave me Robert Busch's contact information and that's all the more they assisted me in the matter. Link to comment Share on other sites More sharing options...
Spikey Posted November 12, 2013 Report Share Posted November 12, 2013 If it was me, I wouldn't call Robert Busch and just wait for the new summons. Link to comment Share on other sites More sharing options...
JT7 Posted November 12, 2013 Author Report Share Posted November 12, 2013 If it was me, I wouldn't call Robert Busch and just wait for the new summons. That's what I was leaning towards as well. I'm not real prepared to speak with an attorney regarding the matter, as I don't know enough to not get myself into trouble. Link to comment Share on other sites More sharing options...
Spikey Posted November 12, 2013 Report Share Posted November 12, 2013 In the mean time, you should probably get familiar with your local court and if they have a website with case tracking, forms or any other information they have available. Link to comment Share on other sites More sharing options...
JT7 Posted November 13, 2013 Author Report Share Posted November 13, 2013 In the mean time, you should probably get familiar with your local court and if they have a website with case tracking, forms or any other information they have available. I'll do that, thanks. Link to comment Share on other sites More sharing options...
JT7 Posted November 13, 2013 Author Report Share Posted November 13, 2013 Actually since it's not filed in the county I reside, could I send a Dept Validation before they file it there? Link to comment Share on other sites More sharing options...
Spikey Posted November 13, 2013 Report Share Posted November 13, 2013 Considering they're already in the process of trying to sue you, I'm not sure Debt Validation is appropriate at this time. The proper time to do that is when they send you the first contact letter. Link to comment Share on other sites More sharing options...
JT7 Posted November 20, 2013 Author Report Share Posted November 20, 2013 Considering they're already in the process of trying to sue you, I'm not sure Debt Validation is appropriate at this time. The proper time to do that is when they send you the first contact letter. Thanks, yes that's what I've read. I'm not sure as though I've ever "received" anything from them due to the change in address. For now I'll just sit back and keep an eye out for a new suite to be filed. Link to comment Share on other sites More sharing options...
BTO429 Posted November 20, 2013 Report Share Posted November 20, 2013 Scotts Bluff County is on the other side of the state, almost 7 hours away from here. How would I go about getting it transferred?You file a motion for change of venue Link to comment Share on other sites More sharing options...
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