Sign in to follow this  
DJSKY

Being Sued in Kentucky by Absolute Resolutions Investments LLC

Recommended Posts

I need some help. I've answered the questions below. I really can't afford an attorney, and I don't know if the amount even justifies the expense of one. Basically, I'd like advice on what to say in the Answer and if/how/when I should ask for arbitration. I cannot find the original contract as I have since moved from CLeveland to Kentucky. The account was originally opened in Cleveland, Ohio.

 

1. Who is the named plaintiff in the suit? Absolute Resolutions Investments LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stenger & Stenger

3. How much are you being sued for? 2,516.74

4. Who is the original creditor? (if not the Plaintiff) US Bank

5. How do you know you are being sued? (You were served, right?) Served by Fayette County Constable 

6. How were you served? (Mail, In person, Notice on door) In person (super nice guy)

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? None

9. What state and county do you live in? Kentucky - Fayette County (the court listed is 22nd Judicial District)

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - 2017

11. When did you open the account (looking to establish what card agreement may be applicable)? - May 2016

12. What is the SOL on the debt? To find out: 5 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 B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). The website just has it listed as an active case with no status or details 

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). 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? 20 days from 8/26/19

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. Absolutely nothing is attached besides the summons/complaint. The complaint just has the account listed as XXXXX... "Account" no account number

18.  How did you find out about this site? Google

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this