Served By Elite Recovery Services

You must respond or they will be awarded a default judgement. What else came with the summons? When was the last time you paid in the account?

Thanks for the quick reply (I love this place :) )

The papers came with a customer agreement.

I have no made a payment since 2004.

What should my response be? Do I just type something up and give it to the court?

I know this place likes to file a batch of suits at once and hope no one shows up.

So, on top of getting the court docs today, they also just called me. I told them we could go to court if they liked, but that I only receive a small SS check. She said she would not the account that I couldn't pay anything as of now.

I have a response for the court as well explaining my situation.

Follow the advice of Nascae, DO file a response with the court and attend the hearing. These collection agencies will tell you anything to keep you from showing up in court and then they get a judgement on you from the courts.

My guess is the CA either won't show or they'll cancel the suit. Should I send a DV letter?

Have you pulled your reports to see how it is reporting? www.annualcreditreport.com

Check and see how the Cap1 tradeline is reporting. If it shows a zero balance and a notation "sold to another lender" then you are being sued by a JDB. If Cap1 still owns the debt then they should be listed as the plaintiff on the summons. Trying to get the players straight before you submit your answers. Since you are on SSI and that appears to be your only source of income, technically you are judgement proof but that does not mean necessarily that you would stay that way forever. They would still pursue it on the chance that you could inherit or win the lottery. etc.

It reads Elite Recovery as assinee of cap1

An assignee can be a CA collecting for the OC or a JDB that has purchased the acct. Check you r reports.

the report reads its been closed/charged off.

If it shows a balance, then Cap1 still owns it. Does is show the date last reported to the CRA's? If it is w/in the last month or so then they definately own the acct still.

Along with the summons and a copy of the customer agreement, is there a questionaire or a request for admissions along with it? It states you have 20 days to respond but does it give you an explanation of how to respond? Not familiar with Indiana's Rules of Civil Procedure and every state is different.

Here's a good website if you are going to represent yourself (Pro Se) maintained by the State:


http://www.in.gov/judiciary/selfservice/

And a link to local court rules by county:

http://www.in.gov/judiciary/rules/local/index.html

the date last reported is 2/08.

Status:
Transferred,closed/Account charged off. $625 written off.

there were no instructions with the summons. When I called the clerks office the gal was of no help. she just said I needed to respond and when I asked how or if there was a form to fill out, she said they didnt have anything and how to respond was up to me.

OK....there should be several numbered allegations listed on the summons. You will need to admit or deny each allegation. Without being too specific or revealing too much info, can you list each allegation?

I'll sum them up as best I can :)

1) The defendant id indebted to the plaintiff for services, mechandise ect

2) The Plaintiff performed it's duties

3) The defendant has failed or refused to pay persuant to the instrument and is in default thereof

4) The plaintiff is owed $xxxx.xx

Well you can go two ways on this: general denial of everything or admit to everything. Since you are disabled and only have SSDI you can admit everything and rely on the judge. Cap1 keeps excellent records and will likely be able to produce the original signed app and anything else you could think of on the day of court. You will be given an opportunity to speak with their attorney prior to going in front of the judge and lay it all out on the line for them. A judgement in their favor would accrue at 8% annually and would be good 20 years. Do you think you might be able, given your financial situation, to come up with some sort of settlement? If this were a JDB and not Cap1 I would advise you fight it tooth and nail but like I said, Cap1 has their ducks in a row most of the time.

Thanks for the advise. Do we know for sure if Elite Recovery is a JDB or not? My impression was there are. The summoms is from Elite Recover/Lawyers office.

They are both a CA and a JDB. That's why I was trying to make sure Cap1 still owned the account. You could call Cap 1 and ask, they may or may not tell you but it doesn't hurt. Since the last update from Cap1 was in February who knows. When did you pull that CR?

this morning.

5 months is a long time for Cap1 to not update a TL. I'd call them and ask if they are still the owners of your account.

Ok, a little more help guys, please?

I took my response letter to the courthouse. I went to the small claims office and I was told I needed to go to the Circuit Court office.

I got there late as they were about to close for the day (Friday) so they werent keen on answering questions, they just wanted to go home.

Any difference between small claims and circuit court?

I know that small claims has a cap on the amount of money that may be sought. Also in some states and/or districts collection agencies are prohibited from filing in small claims court. If you plan on motioning for discovery doing so in circuit court may be more advantageous to you as small claims may not allow formal pleadings.

i have several collections on my credit report. should I ty to contact them to make some kind of settlement? I we come to a settlement will they agree to clear it off my credit report after I finish honoring the settlement? Will the original creditor remove it from my credit report as well?

If you were served by elite recovery services of buffalo NY, I double check it. the company closed it doors in december ad fired all its employees. I dont think they could handle all the negative lawsuits against them. double check it. you may be paying somebody working out of their garage...

How can you get a copy of the settlement agreement you made with ELite Recovery? I misplaced my copy and now that they are closed is there anyway to get a copy of that agreement?