Can i be sued over credit in a state that i have never lived in?
Date: Mon, 03/30/2009 - 12:03
I would.. as far as I know your only suppose to be sued in the p
I would.. as far as I know your only suppose to be sued in the place you live not where you work.
I have a feeling the CA/Lawyers knew this and this is why they are going after where you work.??(As SOL would??not have been up)??Did you ever dispute the debt? Did you ever get anything in writing regarding said debt?
Diffently get a consumer law attorney... Have you checked your c
Diffently get a consumer law attorney... Have you checked your credit? Maybe it's listed there? Even so, there are so many violations it's not even funny...
well what should i do about the answer should i do one up myself
well what should i do about the answer should i do one up myself and state that they??mis served me?
I would answer the summons by 1st not admitting to the debt, and
I would answer the summons by 1st not admitting to the debt, and 2nd you were never notified of said debt by creditor, nor was the debit properly validated and 3rd but??formost ??also stating that you were served?? in the state where you work which is not the state that you live in.
In the mean time I'd contact a consumer law attorney... how much time did they give you to answer the summons?
Answer with what I said above, and file it with the courts, so i
Answer with what I said above, and file it with the courts, so it's filed, and look for a consumer law attorney just in case you go to court.
Will this work for an answer since the city clerks offic has no
Will this work for an answer since the city clerks offic has no forms and is of no help...
City Court of the city of Olean, county of Cattaraugus at municipal bldg, 101 e. State Street, olean, ny 14760
Plaintiff
Midland Funding LLC Index # cv09-10,206
Plaintiffs Residence
16 Mcleland Road
St.cloud,MN 56303 Represented by David Waldman
Mel S. Harris and associates, llc
5 Hanover Square, 8th floor
New york, New York 10004
Against
XXXXXXX
1183 Main St.
Duke Center,Pa
16729
Defendant
ANSWER:
1.Plaintiff, Midland Funding LLC is a LIMITED LIABILITY COMPANY doing business within the state of MN
Answer: Lack of knowledge to fully answer
2.At all Times hereinafter mentioned defendant(s) was and still is a resident of the county in which this action is brought ; or that defendant(s) transacted business within the county in which this action is brought in person or through and agent employed therein
Answer: The Defendant does not currently nor previously reside or own any form of property in the county of Cattaraugus or the state of new york. The defendant currently and always has resided in the Commonwealth of Pennsylvania.
3.For value received defendant(s) signed, executed and delivered promissory note to BENEFICIAL.
Answer: Deny
At no time has the plaintiff or creditor contacted the defendant or validated the debt by producing documentation of a contract or loan agreement signed by the defendant. By the plaintiffs definition ???promissory note??? the statute of limitations (sol) for such in the defendants correct home of record is 4 years which expired 7/31/2008. The defendant has lived in the commonwealth of Pennsylvania from birth to present and has never been a resident or owned any form of property in the state of new york.
4.Plaintiff, as purchaser and assignee of the note [account num#71171000533491], owns and retains all beneficial rights and interest pertinent thereto
Answer: Lack of knowledge to fully answer
5.upon information and belief, the defendants(s) defaulted in payment of and pursuant to the terms of the note and plaintiffs assignor BENEFICIAL accelerated the balance and owing to wit --$6426.86 plus interest from 7/31/2004, no part of which sum has been paid, although duly demanded
Answer: Deny
At no time has the plaintiff produced documentation of a contract or loan agreement signed by the defendant. By the plaintiff???s definition ???promissory note??? the statute of limitations (sol) for such in the defendants correct home of record is 4 years which expired 7/31/2008. The defendant has lived in the commonwealth of Pennsylvania from birth to present and has never been a resident or owned any form of property in the state of New York.
It sounds good.. someone with more experiance will come along..
It sounds good.. someone with more experiance will come along.. but to me it sounds really good, and to the point.
And once you get it finalized take it to the court clerk and pay
And once you get it finalized take it to the court clerk and pay the filing fee and make sure she stamps it or whatever they do to enter it into the system. And make a copy for yourself
ok well then i guess ill run with that unless i hear anything di
ok well then i guess ill run with that unless i hear anything different from you guys this eve :)
ok well i took the answer letter to the city court and there was
ok well i took the answer letter to the city court and there was no filing fee, the clerk said i will put this in your file i said ok can you tell me the date for the hearing and she said oh there wont be a hearing you will have to stay in touch with the plaintiffs lawyer... i said well i dont understand and she said well in these cases we dont have court its all done through paper work... am i going insane?