Sued by First National Bank of Omaha

[Tex1492]

1. Who is the named plaintiff in the suit? First National Bank of Omaha

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

3. How much are you being sued for? $12,241.12

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

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

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? Statements, but nothing recent.

9. What state and county do you live in? Texas, Nueces

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jan 2020

11. When did you open the account (looking to establish what card agreement may be applicable)? Dec 2014

12. What is the SOL on the debt? To find out: 4 Years, I believe

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). Petition Only Filed

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? 14 Days

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. 1 Statement

18.  How did you find out about this site? Google

 

[Tex1492]

Any suggestions on how to proceed?

[Clydesmom]

2 hours ago, Tex1492 said:

Any suggestions on how to proceed?

You are being sued by the original creditor for a lot of money.  The defenses you read about on sites like this are based on being sued by a junk debt buyer not the OC.  The only defenses to a suit by an OC are identity theft or the SOL being expired neither of which apply to your situation.

Your options are to settle, file bankruptcy or live unbanked for a long time.  Texas is very debtor friendly they cannot garnish your wages or seize property but a judgment will garner interest each year and balloon in amount owed.  Your best option is to settle if you don't have a lot of other debt looming.

[nobk4me]

I believe this OC has an arbitration clause.   Best info on arbitration is here:

Arbitration Overview and Strategy (2018 - Most Up To Date Info) - Arbitration - Credit InfoCenter Forums

[Bulldoger]

https://www.fnbo.com/terms/cardmember-agreements/

 

 

Small Claim Defendant_202103241440077754 (1).pdf