Just got Served from Arrow

What state do you live in?
When was the last time you paid on this account?
What else came with the summons? A questionaire, Discovery, affadavit, request for Production of Documents?
Is Hanna suing on behalf of Arrow or does the OC show as the plaintiff?

I am in GA

Last time I paid on this account was 2002

Nothing other than a summons to file with the court within 30 days and a paper that states they are sueing me because of "refusal to pay".

It states Arrow is suing me by using Hanna

Was this a credit card? Start researching your local Rules of Civil Procedure to make sure that you properly answer the complaint. SOL is an affirmative defense and it will be up to you prove when the date of last payment. What do they allege in the complaint?

You will find the Payday loan laws for Georgia here (just select your state),

http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

This was from a card through HSBC....I bought a computer and was paying on it in a timely manner and in some months double, I noticed my bill kept getting higher, this was after a year so I'm sorry, it was may 2003 when I made the last payment. I contacted the company to see what was going on because my bill was wrong, they did not know why, they did not have any explaination for misc charges. I realized then that they were tacking up up to 70 per month with no reasoning and called the manager whoever it was at the time, he had no explaination and cursed at me for not just paying. I wish THEN I knew what I knew now and would have sued them then for that. Anyway I asked for proof of what I owe and I would pay the correct amount, They never sent anything. The credit report shows as Closed, paid as agreed. Then I started getting a million calls from Arrow wanting twice as much and being very ugly....anyway that's the summary...

It only says "Refusal to Pay"

rocoockie1....if you will register with the forum and send me a PM, I can send you a couple links to relevant GA case law to help you fight this.

Also, forgot to ask how this is being reported on your credit reports. Is Arrow and HSBC reporting?

Last time I looked which was last year both were on there.

And by the way, they served the notice to my boyfriend whom I live with and this is address is NOT one I have ever given out.....

Quote:

I just did a credit report because after I wrote 2003 I realized....well, I wasn't sure what year exactly because I'm at home and don't have my folder of info with me (and also I'm rattled because of the whole deputy serving in my yard and all) I just checked my credit report and it shows
(free credit report which doesn't show much)

HSBC
Date Opened 9/1/2004
Account Status Closed

For Arrow it has
Date Opened 12/1/2006
Account Status Closed
Status: Assigned to Attorney

Date opened on HSBC 9/04? Is that correct? You stated your last payment was 05/03. Check you PM's

Well since there was some discrepencies that were never worked out you should demand all the proper documentation in the discovery like the original signed contract and a complete accounting statement of all charges, payment history and such. Explain to the judge that you have tried working with these people, that there were mysterious charges showing up that they could not explain. The judge will go over all the documentation and the correct amount (and the DOLA) will come out, then you can set up payment arrangements through the court. If they CAN'T produce these documents then you immediately motion to dismiss based on no evidence.

Did you ever DV Hanna or Arrow? If you did, bring all that paperwork with you to court to further prove that Arrow and Hanna are acting outside the law.

I did DV Arrow when they first contacted me and never heard back, then I DV'd Hanna and they said basically they were told I owed so I had better just pay, then I DV'd them again with a C&D letter and never heard back.

Ohhh then you have them! Suing you while under a DV is a violation! You should immediately counter sue for the violations as well as your court costs! Demand the documentation in discovery and let the judge know that these people refuse to show you anything despite you asking for validation that is your right.

Depending on the way you worded your C&D, they may be within their rights to sue. If they took it as a total cease comm, then they could either hand it back to Arrow or file suit. DV's and C&D's are mutually exclusive. You can't request validation while at the same time ask them to not contact you. Limited C&D's can either be ignored or taken as a full cease comm.

I'm still looking for a sample discovery letter. Still have a lot to read!

I hate I don't have my folder of documentation with me but I didn't realize I would need it this weekend. I wish I had it so I could tell exactly what sequence of events happened this year. I will get it as soon as I can.

I didn't think limited C&Ds could be ignored...you are telling them to not call you....that in no way shape or form can be construed as 'no contact' whatsoever....any judge would agree with this....but I agree that if it was a total cease comm then they can't send you the DV if they are not allowed to contact you at all. They could ignore a limited, but it would probably take a judge for you to enforce it.

This DV included for them to not call and that only written communication would be accepted.

Then I doubt that any judge would accept them saying you told them no contact if you have the letter to prove it.

It is doubtful that a judge would agree that all calls to a consumer are inconveneint. Just from personal experience dealing with another well know JDB, my limited C&D was taken as a full cease comm so they have never validated.

You should have persued it...the judge in my case agreed with me that a limited could be enforced, for the simple fact that you do have the right to ask that all calls cease, if it is in writing.

Oh I'm going to pursue it all the way to the local JP court. Just gathering the evidence.

OK guys- I'm back today! I have my stuff. The last mail that was sent to Hanna was Nov 07 requesting full DV (via cert mail). This was from a letter I got from Bud Hibbs. The bottom requests no phone calls, mail only. I haven't heard from them again until this weekend.

Take all your paperwork with you to court, explain the whole situation to the judge that you have tried again and again to resolve this matter but so far not only could they not validate the mysterious charges, they apparently can't validate the account at all. Demand the info in discovery and when these jokers (arrow very rarely has anything but hot air) then you immediately motion to dismiss with prejudice AND ask for summary judgement on your countersuit for the violations and your court costs:)