Being sued but, not served yet

[StartingOver85]

Hello, 

I just found out from my mom that two different process servers have been to her house to serve me. I moved out about 3 months ago ( I have not done a change of address) so she tells them "No one by that name lives here". So I can only assume that may be the reason they do not leave the court papers at the door, and it may also be that she answers the door through the RING doorbell. I live in Little Rock, AR, so I was able to find the summons and complaints online. I found out that Midland and PRA are suing me for two credit cards I defaulted on when I was laid off my job.

I just checked my credit report, and all it states is that it was "Charged Off" and not sold. The evidence that they submitted is a bunch of card statements with NO account numbers on them, and also some notarized document stating that, and i am paraphrasing "Someone who works for PRA is a record keeper, and is telling the truth that I OWE them this debt" 

 

So I am needing some advice on what to do, I do want to answer the lawsuit, but I am at a lose on what to do. Don't they have to prove that they really bought this debt?

 

Oh also want to add that my sister is being sued by some lawyers who claim to represent Capital One. She also looked at her credit report and it states that it is charged off.

Edited April 6, 2019 by StartingOver85
Added information

[Clydesmom]

3 hours ago, StartingOver85 said:

I can only assume that may be the reason they do not leave the court papers at the door, and it may also be that she answers the door through the RING doorbell.

Arkansas requires personal service to either you or a family member in the household.  You need to be very careful though they do have a back up procedure that allows for alternative service if they feel you are dodging them.  Mom refusing to come to the door and using the video doorbell would qualify.  

Do you still live in the same area/county?  If so and the case would be heard in the same court then your moving is immaterial.  It is also important to know if they filed before you moved out.  If they did then the venue is proper.

3 hours ago, StartingOver85 said:

I found out that Midland and PRA are suing me for two credit cards I defaulted on when I was laid off my job.

Who are the original creditors on the cards?

3 hours ago, StartingOver85 said:

The evidence that they submitted is a bunch of card statements with NO account numbers on them, and also some notarized document stating that, and i am paraphrasing "Someone who works for PRA is a record keeper, and is telling the truth that I OWE them this debt" 

So I am needing some advice on what to do, I do want to answer the lawsuit, but I am at a lose on what to do. Don't they have to prove that they really bought this debt?

The account statements and the affidavit are sufficient evidence under the business records laws to prevail. 

We need to know who issued the accounts to you before we can advise on which is the best action available to you.  Worse there is a former member on this site and another that set bad precedent case law in Arkansas with his frivolous suits. 

3 hours ago, StartingOver85 said:

Oh also want to add that my sister is being sued by some lawyers who claim to represent Capital One. She also looked at her credit report and it states that it is charged off.

First:  charged off is nothing more than an accounting term that reflects the account is no longer an asset to the creditor but is a debt.  It is meaningless in terms of the lawsuit. Second:  credit reports are hear say and inadmissible in the court case as well.  

Your sister is in a bit worse situation because she is being sued by Cap1 themselves which is the original creditor.  They can attest to their own records and do not need a live witness or affidavit.  They have all the records and worse they have removed arbitration as an option from their card agreements almost a decade ago. So she either has to hire a lawyer to defend her or file bankruptcy, let them get a judgment or settle.  

[StartingOver85]

@Clydesmom thank you for you quick response

1. Moved about a month before they filed, and yes I still live in the same county.

2. Both Midland & PRA: Synchrony Bank (Amazon & Walmart)

3. Correction on my sisters, the lawsuit was filed by lawyers representing a company called Capital One Servicess LLC who say they are representing Capital One,  so people file bankruptcy for a $1500 debt for Capital One?

[StartingOver85]

Is Capital One Services LLC a sister company to Capital One N.A?

[Clydesmom]

2 hours ago, StartingOver85 said:

1. Moved about a month before they filed, and yes I still live in the same county.

If there is only the one court for the county then your moving is not going to affect the case other than to slow down service.  You need to keep a close eye on the docket to make sure they do not use alternative service.

2 hours ago, StartingOver85 said:

2. Both Midland & PRA: Synchrony Bank (Amazon & Walmart)

Synchrony has the BEST arbitration clause of all the creditors in their card agreements.  Start researching it here on the forum.  When you are served you file your answer using arbitration as an affirmative defense then file a MTC arbitration. That is the best way to stop both Midland and PRA in their tracks.

2 hours ago, StartingOver85 said:

3. Correction on my sisters, the lawsuit was filed by lawyers representing a company called Capital One Servicess LLC who say they are representing Capital One,  so people file bankruptcy for a $1500 debt for Capital One?

If that is her only debt then she probably does not qualify for bankruptcy and even if she did it isn't worth it for that little amount.

2 hours ago, StartingOver85 said:

Is Capital One Services LLC a sister company to Capital One N.A?

It is the same company.  She is being sued by Cap1 the original creditor.  For that small amount she should settle.