logo

Debtconsolidationcare.com - the USA consumer forum

Can i be sued over credit in a state that i have never lived in?

Date: Mon, 03/30/2009 - 12:03

Submitted by anonymous
on Mon, 03/30/2009 - 12:03

Posts: 202330 Credits: [Donate]

Total Replies: 12


I received a summons in the state i WORK in for court in the state i work in over a beneficial loan that i dont even think is mine. The state i live in now and always have lived in has a 4 year sol on prommisary notes but the state i WORK in is 6 years and it would still be valid. i called the clerks office and they told me they dont have answer forms, wont help me fill them out and that they only take a copy of my answer... can somone please help me should i get a lawyer?


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?


lrhall41

Submitted by beli2005 on Mon, 03/30/2009 - 12:09

( Posts: 882 | Credits: )


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?


lrhall41

Submitted by beli2005 on Mon, 03/30/2009 - 12:29

( Posts: 882 | Credits: )


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.


lrhall41

Submitted by on Mon, 03/30/2009 - 12:52

( Posts: | Credits: )


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?


lrhall41

Submitted by on Tue, 03/31/2009 - 11:19

( Posts: | Credits: )