I think I was sued, I moved to a different state

[goGetta]

1. Who is the named plaintiff in the suit?

Discover Bank (could the debt collector say that or is that illegal to falsify plaintiff?)

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

Selip & Stylianou, LLP

3. How much are you being sued for?

$1,874.36 (started out slightly over $2,000.00)

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

Discover

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

I wasn't served, I was out of state. I received a letter saying "YOU ARE HEREBY SUMMONED to answer the complaint in this action..."

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

Mail

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

I don't think so, this was mailed to me.

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

I was paying up to three or four months ago when I became unemployed.

9. What state and county do you live in?

I was living in NY but moved to MO three months ago. I received the summons on May 10.

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

This is kind of worrisome, I can't login  to their site anymore... hmm  I think the last time I paid was on January of 2016

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

According to NY it is 6 years, MO  is 10 years

12. What is the status of your case?

I've tried to find the index/case online but was not able to, I read somehere that it may not be listed.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

I have talked to them and agreed to start paying again. They said that they would send some letters for me to sign and that they had control on the lawsuit (something like when it went through).

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 I didn't request to validate the debt. I signed three copies of a table of planned payments before I stopped paying them.

15. How long do you have to respond to the suit?

This was sent on May 10.

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

No evidence, it just says "CONSUMER CREDIT TRANSACTION" as well as the general details of who I am, account numbers, etc...

Here's the situation, I talked to them, lied to them, said that I was still living in NY because someone suggested that I say this to delay the wage garnishment (to find my employment) however in retrospect it sounds like a bad idea. However, saying I'm out of state might also hand the lawsuit to them. In fact I can't afford to go to the state. So I think I would lose this lawsuit. Also I don't have any defenses, aside from being unemployed which that is not a defense. Further despite paying some of the debt, they correctly reflect what I owe left.

Any idea why I wouldn't be able to log into their system anymore? I did login with some "joke" credentials like "name: I am being sued" etc... I didn't use a VPN or something... they could track my IP to my state! *GASP* Ha. Still I am concerned why I'm not on their system anymore where I was on there a couple days ago before I made the call. Did I just seal my own fate with that phone call?

Thanks for any help.

[CCRP626]

Making sure I understand- You've been living in Missouri for three months and received a summons in the mail at your Missouri address a few weeks ago from a Missouri court? If all that's correct it may be correct service to send the summons by certified mail for small claims but would need to research that.

Find your cardmember agreement to see if you've got an arbitration clause in it.

 

[goGetta]

6 hours ago, CCRP626 said:

Making sure I understand- You've been living in Missouri for three months and received a summons in the mail at your Missouri address a few weeks ago from a Missouri court? If all that's correct it may be correct service to send the summons by certified mail for small claims but would need to research that.

Find your cardmember agreement to see if you've got an arbitration clause in it.

 

The debt collector still thinks that I currently live in NY but I moved to MO. I received the letter because it was forwarded from my former address to my new address. I told them on a phone call a few days ago that I was still living in NY to delay wage garnishment as someone suggested. I'm currently awaiting new re-payment contract to sign and send to them. With the help of a friend, I will send them from NY. But regarding the response, I'm not sure what to do with that since I don't have any defenses. Aside from having them prove the debt which I've signed papers in the past admitting to pay what I still owe. Further, I can't make it back to the state financially for a court appearance.

Thanks for your post.

[Siron]

Your answer to 13 makes me wonder if they actually filed the lawsuit or if this is a fake summons document used as a scare tactic (illegal btw)

 

is is there a docket number and a court date on it?

[CCRP626]

@goGettaThe Complaint- does it have a case number and the county and state for the courthouse? Go to the website of the courthouse and check the status.

[Clydesmom]

1 minute ago, CCRP626 said:

@goGettaThe Complaint- does it have a case number and the county and state for the courthouse? Go to the website of the courthouse and check the status.

He can't go to the court house he is in another state now.  

[Siron]

He can go to the website of the courthouse or I'd suppose call the courthouse and at least find the status of the case. 

[Clydesmom]

27 minutes ago, Siron said:

He can go to the website of the courthouse or I'd suppose call the courthouse and at least find the status of the case. 

Not necessarily.  Not all dockets are online and in many states small claims court cases definitely are not online.  Calling the court works if the clerk is in the mood to help.  If they are busy or in a bad mood you get no where.

[goGetta]

12 hours ago, Siron said:

Your answer to 13 makes me wonder if they actually filed the lawsuit or if this is a fake summons document used as a scare tactic (illegal btw)

 

is is there a docket number and a court date on it?

I have an index number, not sure about court date. The letter is dated May 10 and then I have the paragraph that says: 

 

"YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's, attorney within 20 days after the service of this summons, exclusive of the day of service(or within 30 days after the service is complete if this summons is not personally delivered to you within the state of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint, together with the cost of this action.

 

Holy crap, that was one sentence. So is this a lawsuit? Regardless, I have called them and scheduled some payments.

 

11 hours ago, CCRP626 said:

@goGettaThe Complaint- does it have a case number and the county and state for the courthouse? Go to the website of the courthouse and check the status.

Yeah I need to call the court, I've been just going to work/sleeping lately, pretty beat. I bike to work and work in a factory. Still no excuse for a 10 min phone call.

Thanks for the responses guys.

[CCRP626]

@goGetta New York (and NYC even more) a few years back cracked down on debt collection lawsuits. If you have a friend who can visit the courthouse, the proof of service should be in a court file.

http://www.nycourts.gov/PRESS/PDFs/PR14_06.pdf

https://www.nycourts.gov/courts/nyc/civil/consumercredit.shtml

https://www.nycourts.gov/courts/nyc/civil/startingCase.shtml#serving

Substituted delivery: A copy of the summons and complaint may be left with a person other than the defendant “of suitable age and discretion” at the defendant’s residence or place of business. A copy of the summons and complaint must be mailed to the defendant in an envelope marked “Personal and Confidential” within 20 days of the service on the substituted person. The envelope may not indicate that it is from an attorney or that it concerns an action against the defendant.

To ensure that defendants receive notice of a lawsuit, the plaintiff must provide the court with an additional notice of the lawsuit to be mailed by the court to the defendant at the address where process was served. No default judgment will be entered if that notice is returned to the court as undeliverable.

If the defendant does not answer the summons and complaint you will need to mail an additional copy to the defendant before the court will hold a hearing to determine the amount that you are owed. You can serve this notice now or at any time before the entry of a judgment. The copy of the summons and complaint must be mailed to the defendant in an envelope marked “Personal and Confidential.” The envelope may not indicate that it concerns an action against the defendant. You will need to fill out a second affidavit of service for the additional mailing and bring it with you to the inquest.

The defendant normally has twenty (20) days, exclusive of the day he or she is served, to appear in court and file an answer. However, if the summons is served outside the City of New York, or by other than personal, in-hand delivery, the defendant has thirty (30) days to answer from the filing of proof of service. When the summons and complaint were served by substituted or conspicuous service, the defendant's time to answer does not begin to run until the affidavit of service is filed in the court.

[fisthardcheese]

19 hours ago, goGetta said:

I told them on a phone call a few days ago that I was still living in NY to delay wage garnishment as someone suggested

Whoever told you this was a lunatic.  If you are in another state and intentionally mislead them, you just end up with a default judgement in NY that they will domesticate in MO and garnish you anyway.  Not to mention a garnishment can't happen until after a judgement.  You got some royally jacked up advice, there.

I am assuming no complaint was attached to this scare tactic letter?  Once you call the court to confirm there is no case, if this were me, I would send a letter to the attorney letting them know of my new address.  I would also state in that letter that I elect private arbitration per the card agreement to resolve this dispute.  I would then spend a lot of time reading about arbitration and how to use it if they get a new law firm to start coming after you in MO.

[CCRP626]

17 minutes ago, fisthardcheese said:

If you are in another state and intentionally mislead them, you just end up with a default judgement in NY that they will domesticate in MO and garnish you anyway. 

Based on @nascar's recent post, with NY's strict laws and Missouri's foreign judgment statute, it doesn't seem too easy for a creditor.

http://www.moga.mo.gov/mostatutes/stathtml/51100007601.html

http://www.creditinfocenter.com/community/topic/327548-never-served-in-va/#comment-1341429

"The only judgments that can be registered under § 511.760 are those entitled to full faith and credit. § 511.760.1. ... A judgment is entitled to full faith and credit only if the court rendering it had personal jurisdiction over the defendant. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 292, 100 S.Ct. 559, 564, 62 L.Ed.2d 490 (1980) ("A judgment rendered in violation of due process is void in the rendering State and is not entitled to full faith and credit elsewhere ... Due process requires that the defendant ... be subject to the personal jurisdiction of the court ..."); E. Scoles and P. Hay, Conflict of Laws § 24.14 (1984); see Restatement (Second) of Conflict of Laws § 92 (1971). Adamson v. Harris, 726 S.W.2d 475 (Mo. Ct. App. 1987).

 

[goGetta]

I called and the lawsuit is real. I don't see a complaint other than the words "CONSUMER CREDIT TRANSACTION" so what would I say in a response? 

I just don't see how I would not lose this case. I don't have any defenses and I'm not able to make it to the state.  Should I still send a response? What about the address part? I'm looking into that "private arbitration per card agreement..."

Was it Discover Bank who sued me or did the Debt Collector sue me with the name of Discover or they sued me on behalf of Discover?

Anyway, thanks for the help so far, I have to figure out what to do or wait for the inevitable default judgment.

I could easily call them and say "By the way... I actually don't live in NY anymore..." Yeah I felt bad saying it on the phone but I don't know ****... what a mess.

I see this "notice of appearance" where an attorney could represent you in court but I have no money at the moment. My first paycheck is already signed to go somewhere before I've even received it. Sadly this does seem like a no-win situation. But it's my own fault. I shall survive (or I won't) haha.

I saw that I "need to notify the court and opposing parties" of my change in address. I'm on the verge of doing that but I'm concerned/scared that this is a stupid move, before I do that, can someone confirm/agree that I should just call them and say something like "I'm sorry for lying... (no don't do that?) but I actually have been living in another state for the past three months."

[CCRP626]

Discover hired the law firm to sue you is what it looks like. If you can't make it to court and can't hire an attorney, just keep an eye on it. See if you can see the status at the court's website. I don't think they'll be able to serve you and you shouldn't end up with a default judgment. If you see a judgment, you can look into vacating that.

[goGetta]

5 minutes ago, CCRP626 said:

Discover hired the law firm to sue you is what it looks like. If you can't make it to court and can't hire an attorney, just keep an eye on it. See if you can see the status at the court's website. I don't think they'll be able to serve you and you shouldn't end up with a default judgment. If you see a judgment, you can look into vacating that.

I don't understand, I thought that I already was served? Also should I call them and tell them that I lied about living in NY and that I have moved to MO 3 months ago?

[BV80]

@usctrojanalumis from NY.  Hopefully, he'll pop in soon.

[CCRP626]

There's a whole list of items they need to check off to get a default judgment and to show you've been served. The clerk of the court does their own verification on if you've been served properly. http://www.nycourts.gov/RULES/Consumer-Credit-Rules-Affs-Notice-091614.pdf

 

 

[goGetta]

2 minutes ago, CCRP626 said:

There's a whole list of items they need to check off to get a default judgment and to show you've been served. The clerk of the court does their own verification on if you've been served properly. http://www.nycourts.gov/RULES/Consumer-Credit-Rules-Affs-Notice-091614.pdf

 

 

Thanks for the link. Sorry to keep asking this but should I tell them that I am living in MO? What about the court? I don't get that part, I just talked to a county clerk, is that who I inform and say "I moved?" or who am I supposed to contact regarding the court?

[Guest usctrojanalum]

I know of a couple of attorneys that could get this dismissed for you.  I can recommend one cheaply who takes monthly payment plans of fees. Since you are living in MO, they have to send a process server to MO to serve it to you.  I'm guessing you have a forwarding address order and that is how it was mailed to you. 

I am going to PM you two attorneys I know who handle this type of stuff. 

[goGetta]

But if that is dismissed, won't they just start a new lawsuit?

I signed papers seeing the amount that they asked for, and it listed out in table-form what I would pay for how many months. I signed three copies of these documents.

Also no HTTPS on login for this site?

Nothing is free. Damn I just started working and already the money I have yet to make already belongs to someone else. Great. My fault I know but man... I have that mine mine mine mentality.

[goGetta]

Sorry that's just me stressing out. You guys are helping me and I've learned a bit so far these past few days. Thanks for the help. I don't know what's the worst that happens... wage garnishment, bank levy, "property" leaned, ha I don't own much of anything. I DECLARE BANKRUPTCY!!! The Office? Anyway, if I lost my job it would be ironic, there goes their source of money. It is illegal to fire due to a eage garnishment right?

The law stuff is  a heck of a headache, it's like the documents are purposely written to be cryptic/hard to read.

[Guest usctrojanalum]

okay so it sounds like you made a repayment agreement with them. 

I'm guessing a document called a stipulation of settlement?

If you make the payments as agreed, it will be over.  But if you default on payments they will get a judgment. You'd want to avoid that at all costs. 

[goGetta]

8 hours ago, usctrojanalum said:

okay so it sounds like you made a repayment agreement with them. 

I'm guessing a document called a stipulation of settlement?

If you make the payments as agreed, it will be over.  But if you default on payments they will get a judgment. You'd want to avoid that at all costs. 

Over the phone I did, but I'm not sure if I am getting a "stipulation of settlement." 

Something is coming in the mail that I have to sign.

I'm wondering if I should still pretend that I live in NY because that's what I told them and the papers are getting sent there, which will then be forwarded to me. There will be delay when I send the letters from MO to NY, then my friend sends it from NY to the destination. But at least this one isn't timely I don't think. And provided I get paid and make the payment this coming Friday, that should show good faith on my behalf I would think.

For all I know, it could just be a front, and I still lose the lawsuit, there's probably no defense on my part on an agreement over the phone.

I don't know... haha. This has been a hell of a ride. I appreciate everyone's help though.

[Guest usctrojanalum]

Okay, so you haven't signed the agreement yet.

Here's my take, you have two options:  When you receive the agreement, look over it, and if you are agreeable to the terms - sign it and send it back. There are pros and cons to doing this.  On the pro side, your lawsuit will be settled and you won't have to worry about it outside of making the payments as agreed.  On the con side, you will waive any defenses you may have that are jurisdictional in nature.

Second Option: Hire attorney in NY and see if they will agree to get it dismissed for you based on lack of service.  Cons: You will have to pay an attorney & there is nothing to guarantee it will be dismissed.  Pros: If the attorney is able to get the claim dismissed, that will buy you more time - possibly months. They will then have to make a business decision as to whether or not to start the action over and whether they want to start it in NY or MO

 

[goGetta]

I think that I'd rather just pay it and get it over with. Of course you said this is all just speculation. Who knows what will actually happen. The way I look at it, I will have to pay at least the full amount. Because I agreed to pay the full amount. It's up to me to stay employed and focus on paying it all off as quickly as I can. But what if I am still sued/lose the lawsuit? I don't know... time is running out. How do I prove when I've received the papers? Isn't the fact that I lied about my location something that can be held against me?