being sued?
Date: Thu, 04/13/2006 - 18:16
It says Plaintiff, owner of Account No. xxxxx
It goes through a big outline that I dont really get.
Under #4, it says Defendant has defaulted by failing to make payments on the account. The pricipal balance due Plaintiff on the account is $5,015.98 after all just and lawful offsets, payments and credits have been allowed as shown on exhibit A. then goes on to talk about the plaintiff being granted the judgment amount, then interest accruing at 6% rate anually and post judgment interest at highest legal rate allowd by law, attorney fees, with addtl contingent amounts and court costs.
After that is an Affidavit of acct. showing the acct #, the principal sum, plus interest accrued in the amount of $536.06 as of the date of affidavit which is december 21, 2005?
and there is also "Plaintiffs request for disclosure" Pursuant to rule 194, I'm requested to disclose within 50 days of the request, info or material described in rule 194.2
WELL I guess this is why lawyers get paid so much. I don't understand any of this. Does that mean that they have Debt Validation? Are they taking me to court? Can I dispute it?
Isn't it always when people are at their wits end that they come
Isn't it always when people are at their wits end that they come here asking questions and for help?
Would it be wise to send them a Validation letter first?
By the way, I'm in Texas. I was thinking this was an old credit card from like 2000. but it may have been a more recent one from just a couple years ago? I really don't know which it is, nor have I had a look at my credit report, I know it's bad and probably dont want to look at it. I have lots of debt from when I first moved to TX in 2000, and didnt have a job for a year, so those credit cards were too much temptation for keeping up with groceries, car repairs etc. Then I got in over my head quickly. Really, who gives a 20 yr old $15,000 credit on one card, $5000 on another, $1500 on another. are they crazy!? haha
Link deleted as per forum rules-Mike
Stockert, I would recommend consulting a lawyer with the pap
Stockert,
I would recommend consulting a lawyer with the papers that you have received. Have you received this in mail or you were served? Can't you locate which credit card account they are collecting from the account # they have mentioned?
It would be wiser to answer to the notice. BTW, is this signed by a clerk? You can go through the posts of Virginia Legal Defense here. He is a lawyer in Virginia; you can PM him to know more about this-
http://forums.debtcc.com/forums/recvd-complaint.html
Were you served papers or did this just come in the mail?
Were you served papers or did this just come in the mail?
Someone did deliver them in person. They didnt have me sign anyt
Someone did deliver them in person. They didnt have me sign anything. These papers look like photocopies that do have signatures signed by the clerk. they aren't notorized or anything, just photocopies. I dont have any records around on any of the old credit cards, so I'm not sure which account it is. I could probably call them and find out.
Yes, you can call the number to know which account they are goin
Yes, you can call the number to know which account they are going to collect. Also contact a lawyer. If the debt is past SOL, you can win the judgment easily. So don't let them go without a resistance.
Sued by creditor
I was served papers that I was being sued this morning for an old credit card debt.I freaked out ---first time EVER had anythng like that happen. The debt has been bought and sold by about 5 diff companies. Anyway.....it is my own fault. I couldn't pay and was upset by the harrassment so I ignored it! Pretty stupid and I knew better!
2 questions: What type of attorney do I need to hire? I also must answer the complaint in 10 days.
What is SOL? Statute of limitations? And what would that be in Texas or how would I find out.
I believe I found out that the Statute of Limitations in Texas i
I believe I found out that the Statute of Limitations in Texas is 4 years for debt. I definately need to find out which CC it is, if it is sears, it may only be a couple years old. if it is another, it is 5 years old. Me too, tired of the harassing phone calls, so ignored them. there was a disputed charge on there they never would take off, and I got tired of feeling ripped off by them. Actual charges I made on the card $1500? Over the years of paying the interest and minimum payments? Probably about $4000. Do I feel justified? Have I given them more money than they deserve? Hell yes.
Talk to the company and get a written statement about all your p
Talk to the company and get a written statement about all your payments made so far. This will help you to know the actual status of the debt and if there is any possibility of a refund. Insist them to send it in writing.
should I do this over the phone, or would it be better to fill o
should I do this over the phone, or would it be better to fill out one of the validation of debt forms and send it to them that way? Or should I fill out the validation of debt form, and bring it to the county clerk with the "Citation by personal service" return form?
No doubt, debt validation letter will cover every legal aspect i
No doubt, debt validation letter will cover every legal aspect in this regard. But you can always keep a follow up over the phone. Send your request through certified mail with return receipt requested.
After the company has received your request, they must send you the detailed information. If they are unable to give you the info, you can place a dispute on it with the credit bureau and request verification. Hopefully, this problem will get resolved after you have made the correct moves.