sued by purchaser of CC debt, live in diff state
Date: Wed, 08/25/2010 - 12:34
1) how do i file a 'response'? i am currently not working and my husbands income just covers our bills. i cant afford to admit the debt and make payment arrangements. what happens if i deny? i then have to go to court right? i dont know what to do.
2) i moved to NY state july 1st, recieved the summons from an ohio court (where i lived before moving to NY) on aug 16th. can i request change of venue since i no longer reside in ohio? would be nice as its a 5hr drive and i cant afford gas $ to be traveling back and forth if need to appear in court.
any suggestions (besides contacting an attorney as i have and she was useless) are greatly appreciated!!!!
thankyou
contact the court that issued the summons and tell them you dont
contact the court that issued the summons and tell them you dont live in that county, much less that state and have a motion filed for improper service. You must be sued in the state/county you live in when the lawsuit is filed.
First off, its easy for them to SAY they purchased the debt. The
First off, its easy for them to SAY they purchased the debt. They need proof they purchased it and have the standing to collect.
And yes, they can't sue you, imo, where you live now as was mentioned above.:p
If you dont have a valid defense, they will get a judgment. How
If you dont have a valid defense, they will get a judgment. How old is the debt, is it still in SOL?
How does valid defense make a difference when they are being sue
How does valid defense make a difference when they are being sued in the wrong state? First I thought you HAD to be sued where you live not in a different state(at least thats what I have read and learned from this site). If you are being sued in the wrong state the first thing you do is contact the court and ask for a change of venue or ask for dismissal for improper service(being sued in a state different from where you live). I would contact the court and file my answer as improper venue being that it creates an undue hardship that I would have to travel to a different state to properly defend myself, and then when refiled where I live start off by denying all except my name name and ask for all thats needed in court to prove the debt is owed and owned by this collector