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Being sued by Razor Capital


charismajj
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Just received a summons to appear in court for a old debt from 2012.

In the complaint it states that I need to appear in court on February 3rd or  a judgment by default would be held against me in the amount of 1461.13 cents. I have researched how to answer, as well as how to file a written appearance. I'm pretty nervous though, because I've never been through anything like this. With me denying almost all of their claims, is there a chance this will go to trial? And if so, what consequences would there be? Do you think they'd be willing to settle out of court, since it is such a small amount? Someone please help!!!

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Unfortunately it doesn't look like Guaranty bank uses arbitraiton in their agreements.

I would file an answer that denies all of their allegations.  I would only admit to my name and address (if accurate). 

You will need to start working on a defense that includes attacking the chain of custody.  You will want to show that Razor has no admissible proof that they bought this particular debt from Guaranty bank.  They may have trouble showing that proof in court and therefore proving they even owe this debt and have standing to sue.

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Attacking their chain of custody, as far as them buying the debt from a different agency correct? If I put I don't know as my answers,  doesn't that mean they need to come up with some sort of proof? I'm only asking because this was back in 2012, and I honestly have no recollection of the amount being that high, and why.

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Don't say "I don't know", you say "I deny" their claims.  if you don't know, then you can't affirm what they are saying, therefore, you deny it.

They will have to prove they bought YOUR account from the bank, but only if you press the issue and force them to prove it.  Search the board for chain of custody.  If they were not the first JDB to buy this debt, then the chain is likely even more fuzzy.  They have to account (with documentation) for every hand that touched this account before they got it and sued.  Search for how to attack their affidavit, which will likely say that they have knowledge of THEIR records, but usually doesn't say they have personal knowledge of the BANKS records.  That is the important part. You want to show the court that they have no idea what happened with this account going all the way back to the original source of the bank.

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@charismajj

Read this thread.  This IL defendant won his case.  I wish we still had our IL members like @CCRP626 and @gwheelock915 to better guide you, but this thread should help.  In IL small claims, all you have to do just show up and ask for a continuance to prepare for trial.   You can read more about the actual motions used in the thread.

UPDATE!* CASE DISMISSED! -- Against Asset Acceptance in IL - Is ...

www.creditinfocenter.com/.../319068-update-case-dismissed-against-asse...
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Feb 9, 2013 - What is the name of the law firm handling the suit? ... In this thread: http://www.creditinfocenter.com/community/topic/318956-mf-motion-to- ..... Velocity Investments, LLC v. ... Should I file this BEFORE being served summons?
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