Radeon1234 Posted July 28, 2020 Report Share Posted July 28, 2020 I was served papers recently and have been looking into my options. Luckily I ran into this forum which has tons of great info. I read through a lot of info and my first step will be to respond with a General Denial and a Proof of service. Does this sound correct? Details below: 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt and Henriques 3. How much are you being sued for? $2300 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Amazon store card 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In Person 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? California / Santa Clara 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Within SOL(based on my emails, Sep of 2016 was my last payment) 11. When did you open the account (looking to establish what card agreement may be applicable)? March 2016 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). Suit served 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? 30 days, it has been maybe 1.5 weeks since I was served 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. 2 exhibits, looks like 2 different amazon card statements. No contract, no verification 18. How did you find out about this site? Google Appreciate any help! Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted July 28, 2020 Report Share Posted July 28, 2020 You can win this one. 1. Look up the arbitration threads. You can beat Synchrony accounts by filing an MTC. There are plenty of threads which discuss arbitration. Read and learn. 2. Being California, there may be other ways to beat them. Look up some of the CA threads. Quote Link to comment Share on other sites More sharing options...
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