Debt litigation help
Date: Sat, 05/16/2009 - 08:01
Hello I had to write the same thing has just happened to me and I desperately need advise...
Ok here are some details; The letter is for Wake Co. in N.Caroina (I presently live in Alaska) The letter stating that this was my last chance to settle before going to litigation was dated February 6, my daughter didn't forward it to me til May 15. The summons was issued April 2, and was served May 8, to her not me by someone that didn't verify proof of idenity or establish that I even lived there, just said give it to me. She arrived from her May 16.
The summons says I have 30 days to respond is that from the date issued (Feb 02), the date filed (April 20) There is no signature under the date stamp on the complaint saying by whom it was filed. There also is no actual date on the civil summons saying when I'm supposed to appear in court.
I got into this debt with good intentions, my youngest daughter's apartment burned down the same day she told me she was pregnant.. She and her husband signed a self made letter saying they would be responsible for the debt and make at least minimum payments.. They didn't so I did the best I could until I lost my job..
My debt is with Citibank for Sears and has been taken over by Mann Bracken LLP (LVNV FUNDING, LLC) The last payment on this loan was in March/April of 2007. I know they deserve their money, but I don't have any. I am presently living with a friend as I don't have a job and can't afford a place of my own..
So now you know some history my question is this:
1. What do I do now?
2. Do I write a letter?
3. If yes, to whom? Court or Mann Bracken or Sears?
4. What do I say in the letter?
Please help as I don't know what to do... thank you in advance
_________________
Ok here are some details; The letter is for Wake Co. in N.Caroina (I presently live in Alaska) The letter stating that this was my last chance to settle before going to litigation was dated February 6, my daughter didn't forward it to me til May 15. The summons was issued April 2, and was served May 8, to her not me by someone that didn't verify proof of idenity or establish that I even lived there, just said give it to me. She arrived from her May 16.
The summons says I have 30 days to respond is that from the date issued (Feb 02), the date filed (April 20) There is no signature under the date stamp on the complaint saying by whom it was filed. There also is no actual date on the civil summons saying when I'm supposed to appear in court.
I got into this debt with good intentions, my youngest daughter's apartment burned down the same day she told me she was pregnant.. She and her husband signed a self made letter saying they would be responsible for the debt and make at least minimum payments.. They didn't so I did the best I could until I lost my job..
My debt is with Citibank for Sears and has been taken over by Mann Bracken LLP (LVNV FUNDING, LLC) The last payment on this loan was in March/April of 2007. I know they deserve their money, but I don't have any. I am presently living with a friend as I don't have a job and can't afford a place of my own..
So now you know some history my question is this:
1. What do I do now?
2. Do I write a letter?
3. If yes, to whom? Court or Mann Bracken or Sears?
4. What do I say in the letter?
Please help as I don't know what to do... thank you in advance
_________________
Service in this case was improper as well as wrong venue. They
Service in this case was improper as well as wrong venue. They must sue you where you live. File a Motion to Vacate due to Improper Venue. They may re-file in AK but it will buy you some time.
it is not improper venue if the debt originated in that county w
it is not improper venue if the debt originated in that county where the lawsuit was filed. the first thing to do is check to make sure its even a legit summons
