SeanYS Posted August 1, 2018 Report Share Posted August 1, 2018 Hello, this is my first time being sued by any creditor, I have never been to court and I am very much in need of any advice on how to handle my situation. 1. Who is the named plaintiff in the suit? Barclays Bank Delaware. 2. What is the name of the law firm handling the suit? Ratchford Law Group, P.C - 89 Newbury Street, Suite 205, Danvers, MA 01923 3. How much are you being sued for? $3,414.54 plus court costs. 4. Who is the original creditor? Barclays is the OC. 5. How do you know you are being sued? My father was handed my summons from someone from the district court because I wasn't home at the time. 6. How were you served? In person. 7. Was the service legal as required by your state? I am not sure, I am new to this. I wasn't home and they gave the papers to my father and left. However, on one of the first few pages of the summons underneath all of the instructions on what to do such as file an answer and other steps there seems to be a part that should have been signed by the servicer which is left blank, I will attach a photo at the bottom of the page but I think this part should be filled in? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I think I received one statement about 1 1/2 years ago and haven't heard from them since. On the list of reasons for suing me they state they have "contacted me numerous time and I have refused to respond", they never have. I would have tried to settle prior if they did. 9. What state and county do you live in? Massachusetts, Suffolk county. 10. When is the last time you paid on this account? I think it was at the end of 2016. 11. What is the SOL on the debt? 7 years. 12. What is the status of your case? Suit served? Motions filed? I was just served summons today (July 31, 2018). 13. Have you disputed the debt with the credit bureaus? No. 14. Did you request debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 20 Days. Only charges listed is one - "Contract claims (Principal plus statutory interest and court costs) - $3,414.54 16. What evidence did they send with the summons? Nothing at all. Just the summons. I need advice on how to proceed from here on. The debt is mine, however $700 of it is interest and do not want to pay that if I can get out of it. I cannot afford to pay it off in lump-sum but can afford monthly payments. I read online that some people request ARB, I am not sure if I should do that or if I am allowed to based on my contract. I need information on how I should go about obtaining my original contract since they included no evidence at all with the summons. I read online that some people also answer and deny the debt and I am confused on why they would deny it if they know it is theirs? Should I call the attorney first and try to settle or file the answer first, who do I ask for more evidence and such are all my questions. Any help is very much appreciated, thank you. Please find image for question number 7 below: Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted August 2, 2018 Report Share Posted August 2, 2018 22 hours ago, SeanYS said: there seems to be a part that should have been signed by the servicer which is left blank, He has to sign it on the copy he files with the court. It means nothing that your copy is not signed. Because of the following statement from the Barclay's card agreement, arbitration is about the only shot you have at getting out of this. "Under no circumstances will we seek from you payment or reimbursement of any fees that we incur in connection with arbitration." Quote Link to comment Share on other sites More sharing options...
Guest Trish Posted December 6, 2019 Report Share Posted December 6, 2019 Hi, i just want to ask if you were able to fix this problem? The same thing is happening to me right now and i have no experience on any lawsuits or whatsoever. So they’re just basically suing me for not paying my debt and i dont know what to do from there. Quote Link to comment Share on other sites More sharing options...
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