SC - Being Sure by Unifund

[SC29408]

I have read a lot on here and there is a lot of great information, thank you!

1. Who is the named plaintiff in the suit?

Unifund

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

Sessoms & Rogers

 

3. How much are you being sued for?

Sessoms & Rogers - ~$2800

 

4. Who is the original creditor?

Sessoms & Rogers - Capital One

 

5. How do you know you are being sued? 

Served a summons

 

6. How were you served? 

In person

 

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

Yes

 

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?

South Carolina / Charleston

 

10. When is the last time you paid on this account? 

Sessom & Rogers - 3/27/17

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

 1/2013

 

12. What is the SOL on the debt? To find out:

3 years

 

13. What is the status of your case?

 Waiting my response to summons

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?

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?

1. I am who they say I am, name/current address.

2. I open an acct with Cap 1 in 1/2013, I used the card, Acct was charged off 10/2017, Cap 1 assigned debt to Unifund, The case was brought within SOL, the amt of credit is ~2700 based on affidavit, they are due all assesment of charges on acct, I received Notice of Consumers Right to cure, 

3. They believe they are entitled to the amount above plus $80 dollar filing fee, and are requesting judgement with 8.75 interest from date of judgement.

 

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

Just an affidavit from a person working for Unifund, nothing else.

 

This is in small claims court here in this state and it appears easy enough to file with the court since they gave me a form letter to fill out mad lib style to protest this. Now my main issue is I don't want a judgement against me, and will pay this if need be. I was in a bad state when this all happened but have thankfully recovered. Just happened Cap 1 sold just before I could get it resolved with them, and these guys are not fun to deal with. I think the most I have gotten them to come down on a settlement offer is 15%, I am hoping for something closer to 50%.

I do realize SC is pretty good judgement wise, I am judgement proof atm but probably wont be within a few years.

My question is this just because of the whole COVID thing and my court not scheduling any court dates or hearing them according to the county clerk, is my best defense to buy myself some more time with them to just deny the amount as factual? Its just a signed statement that they owe the date and the amount of it, in reality I have no idea how accurate their records are and if they even own the debt they allege to own. It seems like some real BS. Or do I completely deny it.

Any advice would be great.

[Harry Seaward]

They likely won't need a hearing to win a motion for summary judgment. These guys win 80% of contested credit card lawsuits without setting foot in a courtroom. 

[SC29408]

You are absolutely right, but if they didn't submit anything but an affidavit isn't a logical defense to just deny it because I cannot confirm or deny?

They don't even state the last time I paid on the account, or give some bill of sale or account summary nothing.

From what I can see since this is a magistrate court that suppose to allow easier access for lay people (according to the county website) I think it will go to hearing if I just respond.

All I am really looking for is a little more time since these cases are not even being heard they are only accepting filings and responded currently for the court.

[Clydesmom]

16 minutes ago, SC29408 said:

You are absolutely right, but if they didn't submit anything but an affidavit isn't a logical defense to just deny it because I cannot confirm or deny?

They don't even state the last time I paid on the account, or give some bill of sale or account summary nothing.

Not all courts require that their entire case be submitted when they file.  Most don't even require the evidence be attached to the summons you are issued.  Most courts require that you engage in discovery if you want to know what evidence they intend to use at trial.  Just because you don't have it right now does not mean they will not have it a trial for the court.

[BV80]

1 hour ago, SC29408 said:

You are absolutely right, but if they didn't submit anything but an affidavit isn't a logical defense to just deny it because I cannot confirm or deny?

They don't even state the last time I paid on the account, or give some bill of sale or account summary nothing.

From what I can see since this is a magistrate court that suppose to allow easier access for lay people (according to the county website) I think it will go to hearing if I just respond.

All I am really looking for is a little more time since these cases are not even being heard they are only accepting filings and responded currently for the court.

You wrote that you made the last payment on 3/27/2017.  On what date was the lawsuit filed?  On what date were you served?

[SC29408]

Okay so I am just trying to put up a little bit of a fight here and put a little friction on this at least not just roll over and take it.

if they submit just a affidavit and I deny it isn’t that a good enough defense until they provide something more substantial? It seems like it to me, but I have not done this before thus I am asking the question.

the amount is not a lot so an attorney for doesn’t make sense there were two that would do it and both said they could probably win it and get them to pay their fees with a counter claim.

however I don’t want to get screwed out of paying an attorney and the judgement since the fees would be around half what I owe

i would prefer just to drag it out a little to see if they ease up on what they would take for a settlement

Now it’s within the statue of limitations or at least I cannot prove it’s outside of it so I gotta do something 

[BV80]

2 hours ago, SC29408 said:

Okay so I am just trying to put up a little bit of a fight here and put a little friction on this at least not just roll over and take it.

if they submit just a affidavit and I deny it isn’t that a good enough defense until they provide something more substantial? It seems like it to me, but I have not done this before thus I am asking the question.

the amount is not a lot so an attorney for doesn’t make sense there were two that would do it and both said they could probably win it and get them to pay their fees with a counter claim.

however I don’t want to get screwed out of paying an attorney and the judgement since the fees would be around half what I owe

i would prefer just to drag it out a little to see if they ease up on what they would take for a settlement

Now it’s within the statue of limitations or at least I cannot prove it’s outside of it so I gotta do something 

I understand about wanting to put up a fight.  Could you please answer my questions in my previous post?  It seems as though they cut it awfully close to the SOL based on your date of last payment.

Here is the rule for complaints in SC magistrate court.

(a) A suit is commenced by filing with the magistrates court a short and plain written statement of the facts showing what the plaintiff claims and why the claim is made. Provided, however, upon a personal appearance, the plaintiff may make an oral statement which shall be reduced to writing. The court or court personnel shall assist the plaintiff in reducing the statement to writing if the court determines assistance is required. This statement shall be called a complaint. A plaintiff may combine as many claims as the plaintiff has against a defendant in one case and may sue more than one defendant in one case if the claim involves all of the defendants. 

(b) The plaintiff shall state on the complaint the address to which the court may mail notices and correspondence concerning the case. If the plaintiff's mailing address changes, the plaintiff must advise the court in writing. The court may notify the plaintiff of all proceedings incident to the case by mailing the notice by regular mail to the plaintiff at the address provided.

It says nothing about evidence. 

[Harry Seaward]

9 hours ago, SC29408 said:

From what I can see since this is a magistrate court that suppose to allow easier access for lay people (according to the county website) I think it will go to hearing if I just respond

Not usually. The typical order of events is this: they file the summons and complaint; you file an answer; they file a motion for summary judgment, either just after or at the same time they present applicable required disclosures; you respond to the MSJ with some jibberish about standing and hearsay; the court sees right through your attempt to dodge a perfectly legitimate debt and grants judgment for plaintiff.

Sorry to be so flip. I'm sure you're a good person that fell on hard times, but the courts have seen every trick in the book, and they have responded by streamlining the process unless the defendant can present a scintilla of evidence that the SOL has run, you're the wrong person, or you were a victim of fraud. Beyond that, the courts see you as just another deadbeat trying to weasel out of not paying a creditor.

If your goal is just to buy some time, you might get 3-6 months beyond a default judgment. It all depends on how streamlined your 'consumer grade' courts are. 

[SC29408]

Yeah they played it close for SOL they filed 2/21/20, from what I can tell by email receipts of payments my last payment was 3/27/17.

From what I am hearing if I do nothing my case gets a judgement if I file some hair brain defense my case will probably result in judgement. So there isn’t a downside to filing something right? I am just frustrated with them because they are being very hard nosed on negotiations with the debt even though they can’t get anything from me anyway and I can only possibly settle with them because of this stimulus check thing.

[BV80]

24 minutes ago, SC29408 said:

Yeah they played it close for SOL they filed 2/21/20, from what I can tell by email receipts of payments my last payment was 3/27/17.

From what I am hearing if I do nothing my case gets a judgement if I file some hair brain defense my case will probably result in judgement. So there isn’t a downside to filing something right? I am just frustrated with them because they are being very hard nosed on negotiations with the debt even though they can’t get anything from me anyway and I can only possibly settle with them because of this stimulus check thing.

You should file an answer with the court immediately.  See if the rules require you to send a copy to the plaintiff’s attorney (you probably have to do so).  Check the court website to see if there is an answer form you can download.  In the event a court date is set, show up.

Magistrate court is less formal than higher courts.  You need to check the magistrate court rules to see what is required for discovery.  The judge may have discretion to determine whether or not he believes discovery is necessary.

Judgments in SC last for 10 years.  They can place a lien on your property.  If you don’t own any property, a judgment can still make it more difficult to get a loan in the future (10 years).  

[SC29408]

Okay so talked with the clerk it’s really easy, just submit answer, don’t have to send it to the plaintiff and then a hearing will be set.