marieeben Posted July 31, 2018 Report Share Posted July 31, 2018 1. Who is the named plaintiff in the suit? Cach LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Stenger & Stenger P.C 3. How much are you being sued for?$749.76 4. Who is the original creditor? (if not the Plaintiff) Capital One Credit card 5. How do you know you are being sued? (You were served, right?)I was served today 6. How were you served? (Mail, In person, Notice on door) In person. 7. Was the service legal as required by your state? Yes 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? No. 9. What state and county do you live in? I live in Michigan, Eaton County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I called Capital one and they said the last payment was for $50 on 8/1/13 11. When did you open the account (looking to establish what card agreement may be applicable)? October 18,2011 12. What is the SOL on the debt? To find out: 6 Years in Michigan 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). Just called the courts and nothing else has been filed by plaintiff. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, they even have my OLD married name on here. I have not been married in 10 years. 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 I did not. 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? I have 21 days to file an answer, Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.They sent nothing at all with the summons. They claim to have sent me an agreement. which is a complete lie. I have not recieved anything from them. 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ==================================================== If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible): 1. Who are you suing? 2. How old is the debt? 3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report? 4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion. 5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection? 6. What state are you in? 7. What kind of debt is this? (credit car, auto loan, student loan) 8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated... Quote Link to comment Share on other sites More sharing options...
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.