GuyinAK Posted June 18, 2019 Report Share Posted June 18, 2019 Hello all! As the title states, I'm being sued. I'll do a copy paste and fill in the blanks. 1. Who is the named plaintiff in the suit? Absolute Resolutions Investments 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group 3. How much are you being sued for? $14,000 4. Who is the original creditor? Elan Financial Services 5. How do you know you are being sued? Picked up a Certified Letter with a surprise Summons in it. 6. How were you served? (Mail, In person, Notice on door) Mail 7. Was the service legal as required by your state? As far as I'm aware. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? Alaska 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 01/24/2018 11. When did you open the account (looking to establish what card agreement may be applicable)? 04/01/2014 12. What is the SOL on the debt? To find out: 3 years. 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). "05/15/2019 Summons and Notice to Both Parties of Judicial Assignment" 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). 40 Days. Picked up the letter June 7th, the date on the summons is 05/15/2019 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of sale for the debt, Asset Schedules, CC statement from 07/2018. 18. How did you find out about this site? Frantic internet search using "Mandarich , Absolute Resolutions Investments, sued", and here I am. I've been doing quite a bit of reading here, and man, so much information! Seems like I need to send them some type of answer asap, then I'm thinking this is leaning towards arbitration? Doing my best not to stress as I knew this was going to happen some day. I thought they would reach out and try to make a deal before hand, but... nope. Thoughts? Questions? Thank you for reading! Quote Link to comment Share on other sites More sharing options...
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