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Being Sued in PA by P&P


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So i recieved a certified letter from my local district court stating a Civil Complaint against me. It has a hearing date and time. This is the first time I have ever recieved anything like this and have no clue what to do. I have 20 days to reply back if i wish to enter a defense.

 

 

1. Who is the named plaintiff in the suit?

 

New CenturyFinancial Services. INC. C/O Pressler and Pressler

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

 

Pressler and Pressler

3. How much are you being sued for?

 

700

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

 

Credit One Bank

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

 

Letter from Dist. Court

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

 

Mail

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

 

Yes

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

9. What state and county do you live in?

 

Montgomery County, Pennsylvania

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

 

end of 2012

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

 

4 Yrs

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).

 

Suit Served

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

 

Letter says they are asking Judgement against me for said amount and thats it. Also shows a date and time for a Civil action hearing

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

 

Nothing was sent, just letter stating the above. They show the last 4 digits of an account and the orginal creditor. Also the date of the last payment made on the account.

 

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http://www.pabar.org/clips/bringingsuitBeforeDJ.pdf

 

The first link I gave you in for the PA Court of Common Pleas.  Even though you are not being sued there, but rather in PA Justice Court, there is info there about answering a debt collection complaint.  The second link is for PA Justice District Court.  It's about how to sue someone in that court, but you should find info to help you there.

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Read this case, esp starting from paragraph 8 on down

 

http://scholar.google.com/scholar_case?case=17194156749990488536&q=credit+card&hl=en&as_sdt=4,39

 

Under Pa R.C.P. Nol 1024(a)© Verification must be provided to you.

 

Under Pa. R. C.P. 1019, New Century must provide documentation showing they purchased your debt from Credit One Bank

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I am not in PA, but considering your first correspondence/notice was from the court, that indicates to me that service was not properly executed. In NY, 3 attempts have to be made to reach you in person at your residence, and when that dictate cannot be met, they must affix the summons to your door and send you it in the mail. If you never got anything from P & P, make sure you look into the rules about how service must be effected in PA and raise that objection now or you will lose the option to later. They performed sewer service of me but I didn't realize I must raise that in a certain way, in a certain time, and I lost the chance to raise that objection.

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