TexasLara Posted April 23, 2022 Report Share Posted April 23, 2022 Hello All! Just found the list of questions. 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? $7k 4. Who is the original creditor? (if not the Plaintiff) WEBBANK 5. How do you know you are being sued? (You were served, right?) I was served papers with a docket number on them and I can see the case in the Harris County case listings 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I am not sure 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? I do not recall anything. 9. What state and county do you live in? Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I am not sure. It says the account was charged off 11/2019. I believe that is the same year I stopped paying. 11. When did you open the account (looking to establish what card agreement may be applicable)? June 2018 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). The status is opened. 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? 20 days to respond. breach of contract 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. Loan agreement and promissory note which includes 1-21 additional provisions and an electronic signature of my name and identifying info including customer ID and a non-military declaration. 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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