sjk505 Posted August 25, 2015 Report Share Posted August 25, 2015 so today I had a summons at my door when I came home telling me to appear on Sep 09. The complaint does not have any account information attached. just the affidavit. From reading other posts, they probably dont have any proof they own the debt. How should I defend when I show up on the ninth, besides deny, deny, deny Quote Link to comment Share on other sites More sharing options...
sjk505 Posted August 25, 2015 Author Report Share Posted August 25, 2015 Sorry, i should have added this:1. Who is the named plaintiff in the suit? Midland Funding LLC2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Bliit and Gaines3. How much are you being sued for? $1152.004. Who is the original creditor? (if not the Plaintiff) Webbank/Dell Finanicial Services5. How do you know you are being sued? (You were served, right?) Left summons at my door6. How were you served? (Mail, In person, Notice on door) Left summons at my door7. Was the service legal as required by your state? Not sure. IL says it must be in person or handled to somone over 13 that lives thereProcess Service Requirements by State - Summons Complaint8. What was your correspondence (if any) with the people suing you before you think you were being sued? No9. What state and county do you live in? IL Kane10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) summons says Nov 201211. What is the SOL on the debt? 10years12. 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).13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no14. 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. No15. 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?Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.Just an affidavit Quote Link to comment Share on other sites More sharing options...
sjk505 Posted August 25, 2015 Author Report Share Posted August 25, 2015 Sorry didnt answer 15. Its says to appear on Sept 9. Nothing about an answer or filing an appearance. It is small claims Quote Link to comment Share on other sites More sharing options...
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