Justjdog Posted July 24, 2018 Report Share Posted July 24, 2018 Who is the named plaintiff in the suit? TD Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sea Eye Arr Law Officers 3. How much are you being sued for? 1k 4. Who is the original creditor? (if not the Plaintiff) Tea Dee Banc 5. How do you know you are being sued? (You were served, right?) Served a summons 6. How were you served? (Mail, In person, Notice on door) They dropped it off with my 11 yr old son 7. Was the service legal as required by your state? I don't think so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I called them once and they said they would call me back and never did. (I never did speak to the case manager at all, just the girl who answered and or me on hold) 9. What state and county do you live in? CA, LA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown 11. When did you open the account (looking to establish what card agreement may be applicable)? Unknown 12. What is the SOL on the debt? To find out: 4 yrs Statute of Limitations on Debts 13. 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). Suit served. Have not yet answered. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? 40 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just the basic claims that I owe them $$. No real evidence as far as I can tell. Quote Link to comment Share on other sites More sharing options...
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