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Didn't Get a Summons


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The only reason I know I'm being sued is I started getting letters from local attorneys offering to represent me. I haven't been served at all and the mediation date is 9/25.

Who is the named plaintiff in the suit? 

Crap1

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

Poll n Ros ( I'm guessing you're all familiar )

 

3. How much are you being sued for?

$3000

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

Crap1

5. How do you know you are being sued? (You were served, right?)

I started getting letters from attorneys in the area, looked it up at clerk's site

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

Wasn't served

7. Was the service legal as required by your state?

It doesn't appear so

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?

Lee County, Florida

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

Feb 2017

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

April 2014

12. What is the SOL on the debt? 

6 years

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).

Summons submitted for issuance, statement of claim, filed on 8-16

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?

The mediation date set in the summons posted online is 9-25.

Alleges defendant requested extension of credit

Lists acct #

Defendant caused various charges to be made

Count 1 account stated

Plaintiff and defendant had business transactions between them

On August 26 2017 they agreed to resulting balance

Plaintiff rendered a statement of it to defendant a copy being attached hereto and defendant did not object to the statement

Count 2 unjust enrichment

Defendant received and accepted benefit etc

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Account statement from 8-26-2017

18.  How did you find out about this site?

Google, thank the gods.

Thank you in advance, any help is greatly appreciated. I feel like I have no time to prepare but I will be researching like crazy until next Wednesday.

 

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39 minutes ago, Beginneratlaw said:

" Summons Submitted for Issuance- New Case "

That means it has been sent to the Sheriff or process servers for service on you.  It is not uncommon for the bankruptcy letters offering representation to arrive before someone gets served.

1 hour ago, Beginneratlaw said:

I haven't been served at all and the mediation date is 9/25.

If you are not served prior to this date then it will be rescheduled.  This happens sometimes too.

You are being sued by an original creditor.  The defenses you read about here apply to JDBs.  Cap1 is one of the top 5 OCs to sue and is not just going to go away.  Adding to the issue is that Cap1 removed arbitration as an option almost a decade ago so you will need to either defend the suit, settle or file BK.  

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