Thor69 Posted August 1, 2018 Report Share Posted August 1, 2018 So im getting sued and really dont know what to do and i have done a lot of research and understand some but not a lot im really confused by it all i just need some help is there a form to file a answer or motion if not how do i .. what should i do .. do i need to file a answer or what steps do i need to take in my case the papers served didnt provide any info and wasnt filled out and did provide any evidence qith it Quote Link to comment Share on other sites More sharing options...
Thor69 Posted August 1, 2018 Author Report Share Posted August 1, 2018 1. Who is the named plaintiff in the suit? Portfolio recovery associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rasch sturm , Michael j garza 3. How much are you being sued for? 1,150.12 4. Who is the original creditor? (if not the Plaintiff) Synchorny bank walmart 5. How do you know you are being sued? (You were served, right?) Seved 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? Texas ,wichita 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 1,2016 11. When did you open the account (looking to establish what card agreement may be applicable)? April 6,2016 12. What is the SOL on the debt? To find out: 4 years 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). Cant find anything on it and doesn't show anything 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 usefulto 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? I dont know it doesnt say 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. None 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted August 1, 2018 Report Share Posted August 1, 2018 Synchrony as the OC = arbitration as best approach. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Quote Link to comment Share on other sites More sharing options...
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