kev7554 Posted September 1, 2015 Report Share Posted September 1, 2015 1. Who is the named plaintiff in the suit?Jefferson Capital system lLC2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Fenton and Mcgarvey law firm3. How much are you being sued for?538.2 4. Who is the original creditor? (if not the Plaintiff)Gettington credit5. How do you know you are being sued? (You were served, right?)servedYes6. How were you served? (Mail, In person, Notice on door)in personCertified mail7. Was the service legal as required by your state? Yes8. What was your correspondence (if any) with the people suing you before you think you were being sued?Sent me some letters9. What state and county do you live in?Hamilton county ohio10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)June 201311. What is the SOL on the debt? To find out: Not sol12. What is the status of your case? Suit served? Motions filed?Just got summons today13. 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.No16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. letter that says verified statement of account. should I call them and try and settle or what. Thanks in advance Quote Link to comment Share on other sites More sharing options...
shellieh98 Posted September 1, 2015 Report Share Posted September 1, 2015 It's not for very much, you could ask them to settle.You could try and fight this in court, but if it is your account, you would need to study, learn, and you may or may not win.Or you could demand arbitration, according to your credit agreement.If you do arbitration, you would probably be the one who needed to initiate with AAA. READ THE AGREEMENT.http://www.gettington.com/content.jsp?pageName=TermsandConditions Quote Link to comment Share on other sites More sharing options...
debtzapper Posted September 2, 2015 Report Share Posted September 2, 2015 @kev7554 Deny everything except your name. For Affirmative Defenses say failure to state a claim and lack of standing. For an amount that small, they may not want to fight it out in court and may be more likely to settle with you. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted September 9, 2015 Report Share Posted September 9, 2015 I would use the Gettingon card agreement and file a motion to compel private arbitration. If you get the judge to order arbitration, these weasles will run away from their pathetic $500 law suit. Quote Link to comment Share on other sites More sharing options...
Guest svillegas Posted January 25, 2017 Report Share Posted January 25, 2017 Looking for some advice.... I'm in the same situation but for about $1,050 in Illinois. The exception is that they didn't use my legal name. They used a name I go by to file in small claims court. I can't remember how I opened the account but do I have anything to stand on? Can I make them go to the trouble of having to refile everything? Quote Link to comment Share on other sites More sharing options...
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