Sign in to follow this  
arizonasued

Haven't been served yet but had attorney file answer.

Recommended Posts

1. Who is the named plaintiff in the suit?

Me

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

3. How much are you being sued for?


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

MBNA

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

I looked it up online

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

Not served yet
 
7. Was the service legal as required by your state? 

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

They have called and left messages but I have never spoken with them.

9. What state and county do you live in? AZ Maricopa

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4/11 slightly more than three years ago.

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

6 years by AZ state law but looking to change to 3 on DE law.

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).

Answer and discovery sent.

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 from date of service

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

An affidavit is all they sent plus a later statement.

 

Trying to find out if anyone in AZ has had success with an attorney. I cannot find any recent cases from Cach as there are so many that only cases from 2010 are searchable.

Share this post


Link to post
Share on other sites

Search Justia for cases against CACH, and see if there is a record of winning attorneys.

I am just finding the Federal stuff. Is there any way to get more specific info from Justia, it is mostly lawsuits against cach.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this