jgal89 Posted April 19, 2021 Report Share Posted April 19, 2021 I am in the process of preparing a motion to compel arbitration. I wanted to share what I have to see if it is sufficient. I am having a Zoom court hearing this Wednesday. Also when submitting the agreement as an exhibit, do i include all pages or just those with discussion of arbitration? 1. Who is the named plaintiff in the suit? midland credit management 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Aldridge Pitt Han, LLC 3. How much are you being sued for? 2827 4. Who is the original creditor? (if not the Plaintiff) Comenity Capital Bank 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? A few phone calls 9. What state and county do you live in? Fulton County GA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2019 11. When did you open the account (looking to establish what card agreement may be applicable)? 2017 12. What is the SOL on the debt? To find out: 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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) YES just today 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? Responded a while ago with a denial of all claim and court is this Wednesday 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. Didnt send evidence I dont think 18. How did you find out about this site? google Quote Link to comment Share on other sites More sharing options...
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