Incorrect affidavit with civil summons

[LolaMarie15]

1.  Who is the name of the plaintiff in the suit? - Pioneer Credit Company

 

2.  What is the name of the law firm handling the suit? - not listed - there is a name signed on the back but it is scribble

 

3.  How much are you being sued for? 808.71

 

4.  Who is the OC? Pioneer Credit Company

 

5.  How do you know you are being sued?  Civil Summons in hand

 

6.  How were you served?  in person by process server

 

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

 

8.  What was your correspondence with the people suing you before you were being sued?  Phone and email.  I also received some letters via USPS.

 

9.  What state and county do you live in?  Knox Co. TN

 

10.  When is the last time you paid on this account?  8/27/15 (tho affidavit states 3/20/15)

 

11.  What is the SOL on the debt?  6

 

12.  What is the status of your case?  Suit served (we have not been to court yet)

 

13.  Have you disputed the debt with the CB? No

 

14.  Did you req DV before suit was filed? no

 

15.  How long do you have to respond to the suit? court is 9/14, so less than 2 weeks now

 

16.  What evidence did they send with the summons?  Affidavit (which is wrong) and the promissory note

 

When I paid on 6/27, I paid online so I have bank statement verification that a payment was made after the OCs stated 3/20.

 

Affidavit was signed 6/29 and filed with the general sessions court on 7/1

 

Any help would be appreciated.  After I got the summons I emailed with the OC to try to make some type of arrangement to stay out of court.  I was advised to take it up with the attorneys at court.

[shellieh98]

Your last payment was 8/27? or 6/27?  

what does the affidavit say?  how much was the payment? How much did you owe? (looking to see i they tacked on a bunch of fees)

[LolaMarie15]

My last payment was on 6/27 - sorry for the typo

The payment was for 80.00

 

Per the promissory note I borrowed 840.80 - total amount after finance charges w/interest was 1020.00

 

I had made 3 payments by march in the amount of 85.00 which would be 765 - add late fees and the 808.71 seems legit.

 

But since the affidavit was drawn up after my payment on 6/27 for 80.00 they lied on the affidavit.

 

The part of the affidavit that is wrong states:

 

5.  That the last payment on this debt was received by Creditor on 3/20/15 and was in the amount of $89.00

6.  That the current outstanding balance justly due and remaining unpaid from the Debtor under the terms of said Note, after credit has been duly given for all payment and just and lawful offsets, as of 4/10/15 -or- 8/10/15  will be 808.71, unless additional credits are made, in which case, a new Affidavit will be filed.

 

The 4/10/15 -or- 8/10/15 I am unclear of as it is hand written.  It looks to be 8/10/15 but there is a chance it could be 4/10/15.

 

I don't think they tacked on a bunch of fees - they just didn't include my payment on 6/27/15 for 80.00.

[shellieh98]

Well this is an original creditor.  They  could adjust and fix that pretty easy.  You can answer the suit and deny the debt, make they prove everything (which they probably could since they are an OC) or you could try calling the attorney and asking for a settlement.  They may go for anywhere from 50-80% of the debt.  If you have a lump sum you could offer, they may do it.  At any rate, make them correct the accounting.  If you decide to fight it, they may tack on the costs of going to trial, so you need to weigh the pros and cons

[LolaMarie15]

I agree with not fighting this since it is the OC - the promissory note is on the summons.  I suppose I will email them again and ask who their representing attorney is since I can't read the scribble on the back of the summons.  I emailed them directly once asking to work things out, outside of court.  I got a talk to our attorney at court response. 

 

If anyone has any other ideas I am completely open to them.