ASatts Posted November 7, 2019 Report Share Posted November 7, 2019 1. Who is the named plaintiff in the suit? Crown Asset Management, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Levy & Associates, LLC 3. How much are you being sued for? $6,039.97 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Started receiving junk mail from local attorneys, later looked up the court record and confirmed the case. Filed 10/10/19 6. How were you served? (Mail, In person, Notice on door) USPS left notice on the door, later picked up at post office. 10/28/19 7. Was the service legal as required by your state? I think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received a letter on 7/25/19 from Levy & Associates that I mistakenly disregarded as another transfer/sale of the debt. It was a "placed with our office for collection" letter, "notify us within 30 days if you dispute..." I did not respond. 9. What state and county do you live in? Hamilton County, Ohio 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? Not sure the month, 2014. 12. What is the SOL on the debt? To find out: Is this the state I resided in when I opened the account? South Carolina - 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). Case status is open. Court Clerk informed me they now provide free legal assistance by appointment, I might look into that. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Is it too late? Will this help me later in arbitration? That's my strategy btw, that's why I'm here! Synchrony has an arbitration clause and offers the choice of AAA or JAMS. 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. It may be useful to the court, but will it be useful if my strategy is arbitration? 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 have 28 days (Monday, November 25) to respond to their cookie cutter complaint: 1. Upon information and belief, Defendant(s) resides in Hamilton County, Ohio. Plaintiff, is the assignee of Defendant's Synchrony Bank account, account #XXXXXXXX ("Account"). 2. Defendant owes Plaintiff the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97) for money owed to the Plaintiff via Defendant's use of the Account provided to Defendant. 3. Defendant breached the Account's agreement by failing to make payment on the Account as required. 4. As a result of said breach, Defendant owes Plaintiff the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97). A copy of a statement is attached hereto, and incorporated herein, as Exhibit "A". 5. Plaintiff, or its agents, has made demand on Defendant, but Defendant has failed to comply with such demand. 6. Defendant(s) received benefit from said Account. 7. Said Account was not conferred gratuitously, Defendant was expected to pay on said Account, and as a result Defendant(s) has been unjustly enriched, all in the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97). 8. Wherefore, Plaintiff demands judgement against Defendant(s), jointly and severally if more than more, in the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97), plus interest at 5% per annum from the judgement date, the court costs expended herein and all other relief that may be issued as provided by law. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exbibit "A" is page 1 of my March 2018 statement, and pages 2-3 of my August 2017 statement. Also included is a Bill of Sale: Crown Asset (CADS)-- PLCC CAD -- June 2018 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Accounts Purchase Agreement (the "Agreement"), dated as of this 5th day of July, 2017 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding LLC. and Retail Finance Credit Services, LLC., ("Seller") and Crown Asset Management, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on June 19, 2018, and as further described in the Agreement. 18. How did you find out about this site? Every good Google search leads back here. I have read a lot and am familiar with most of the terms but never thought I'd be writing a formal court document. I also don't know what I thought was going to happen if I just kept ignoring that looming debt in the back of my mind (and bottom of my credit report). Hasn't been detrimental till now. Since I thought I had 28 days from date filed, I was super expedient in preparing 1.) My answer to the complaint 2.) MTC 3.) Proposed Order granting MTC 4.) Affidavit to accompany card holder agreement. I'm just looking for a little advice on what else to prepare? There are no special rules pertaining to the filing of motions. Am I just going to walk in and get this stuff stamped and signed, or will I get drilled by the judge? Hoping to be as prepared as possible for what to expect. Quote Link to comment Share on other sites More sharing options...
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