kcnjamie

Help with FIA Card Services summons in AK

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Hi!

 

I received a 3 page "Summons and Notice to Both Parties of Judicial Assignment" from FIA Card Services. It did not include any of the following:

 

  • A document telling you when the court date is: It just says an answer is due in 20 days.
     
  • Some kind of certification that I was served: None included
     
  • Instructions for answering the complaint or a form to fill out: None included
     
  • Any evidence the Plaintiff (i.e. collection agency) is submitting: None included.

 

WHAT IS MY NEXT STEP??? I've read the information on the site about how to respond to a summons but in this case it seems that they don't have everything/anything that is required. Also, I believe the SOL has passed. So would something as easy as contacting them saying SOL has passed be the easiest, or would that be detrimental to me? Please advise!!! More information is included below.

 

 

 

1. Who is the named plaintiff in the suit?

FIA CARD SERVICES, N.A.

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

Suttel & Hammer, P.S.

3. How much are you being sued for?

Over $10k

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

On the credit report it shows as Bank of America

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

I was served papers titled: SUMMONS AND NOTICE TO BOTH PARTIES OF JUDICIAL ASSIGNMENT

 

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

In person at my home

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

For Alaska: Service of all process shall be made by a peace officer, by a person specially appointed by the Commissioner of Public Safety for that purpose or, where a rule so provides, by registered or certified mail.

 

-I am not sure if service legal. The person who served me was not a peace officer. I don’t know if it was “a person specially appointed by the Commissioner of Public Safety for that purpose.” The person was dressed and looked like he rode motorcycles for living. I didn’t get a name or info about authority to serve.

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?

Alaska; Ketchikan Gateway Borough

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

According to credit report 05/2010

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

3 years

12. What is the status of your case?

Just says Case Status: Open;

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). 

Answer is due within 20 days from date served (I was served today July 22, 2014)

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

None.

 

Thanks in advance for any assistance!!!

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 It did not include any of the following:

  • A document telling you when the court date is: It just says an answer is due in 20 days.

     

  • Some kind of certification that I was served: None included

     

  • Instructions for answering the complaint or a form to fill out: None included

     

  • Any evidence the Plaintiff (i.e. collection agency) is submitting: None included.

 

In some courts the date is not set until you file an answer.  All you need to do is check the court docket to find out when it is scheduled for.  Many are online or you can call the clerk and ask.

 

The certificate of service goes to the court not you.  You know you have the summons now the court needs to know you were properly served.

 

Not all courts include instructions.  You can look up the rules of civil procedure for your court on how to answer the complaint.  Not all courts have a form for this either.  If yours does not you will have to draft your own.

 

Some courts do not require that evidence be attached to the complaint.  If Alaska does not then you have to get their evidence in discovery.

 

Hi!

 

I received a 3 page "Summons and Notice to Both Parties of Judicial Assignment" from FIA Card Services. It did not include any of the following:

 

  • A document telling you when the court date is: It just says an answer is due in 20 days.

     

  • Some kind of certification that I was served: None included

     

  • Instructions for answering the complaint or a form to fill out: None included

     

  • Any evidence the Plaintiff (i.e. collection agency) is submitting: None included.

 

WHAT IS MY NEXT STEP??? I've read the information on the site about how to respond to a summons but in this case it seems that they don't have everything/anything that is required. Also, I believe the SOL has passed. So would something as easy as contacting them saying SOL has passed be the easiest, or would that be detrimental to me? Please advise!!! More information is included below.

 

If the SOL has really passed you have an affirmative defense.  For the amount of money they are suing you for I would be hiring a lawyer ASAP to defend this.  Suing after the SOL expired is a FCDPA violation and a good attorney may take this on contingency.

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Thanks for your response!

 

How can I be sure the SOL of limitations has passed for sure? As far as I know it has. But I would like to verify.

 

And what is discovery? How do I file for discovery?

 

As far as the rules for Alaska, I will look them up. I did receive something (complaint) from the courts last year for a medical bill of less than $2k and it did include evidence and instructions. If the rules require that, is that something that is a defense?

 

Thanks again for the help!

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How can I be sure the SOL of limitations has passed for sure? As far as I know it has. But I would like to verify.

 

Check your credit reports and bank statements for when the last payment was made.  However, the Plaintiff should have also stated in the complaint when they allege the last payment was made on the account causing the breech.

 

And what is discovery? How do I file for discovery?

 

If you do not know what discovery is then you REALLY should hire a lawyer since you are being sued for over $10k.

Discovery is the process by which you get the Plaintiff to give you copies of their evidence they intend to use at trial.

 

As far as the rules for Alaska, I will look them up. I did receive something (complaint) from the courts last year for a medical bill of less than $2k and it did include evidence and instructions. If the rules require that, is that something that is a defense?

 

My guess is that the medical bill was in small claims court.  A suit for that much money this time is likely in Superior Court where they do not walk you through the process.  You are expected to know the rules or hire a lawyer.

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Thank you again.

 

And thank you for confirming what I thought I knew about discovery. However, I still don't know how to request discovery (is that the right way to say it?) But I agree and thanks for the suggestion of getting a lawyer.

 

Any suggestions of a resource I can use to find a lawyer for this situation in AK? I live on an island 1700 miles from Anchorage and local options are slim to none.

 

Well thanks again and I welcome any other advice/suggestions or stories of experience with the plaintiff and/or Alaska.

 

Thanks!

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Try www.naca.net or www.lawyers.com  both have a find a lawyer feature that you can use.  For the second site twice I have hired a five star peer rated attorney and received excellent representation at a reasonable price.

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If you can't find a lawyer before your time to answer, consider filing a counter claim for suing on a time barred debt when you file your answer.  You may need to check when the plaintif filied the suit to make sure you are outside the sol.  Sometimes they file, then don't get around to serving you for a long time.

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