Help!! I am being Sued by North Star Capital Aquisition
Date: Wed, 08/26/2009 - 13:32
Please help. I am being sued by North Star Capital Acusition LLC / Apotahaker & Associates for an old Capital one debt.
I live in PA, They attached a photo copy of an old bill or account summary from capital one. It is dated as 2004.
We where servered thre papers about 2 weeks ago and at first I did not take it serious but I went to the court house today and they said that I need to put in an written appearence on why I do not agree with the charge.
I am getting very close to the time line. What can I do. I can not afford an attorney. Does anyone have an example of a written appearence or any information on how to beat these people in court or at least prolong it?
Your help is greatly appreciated.
Thanks
You don't need an attorney. My idea is you're sued in the small
You don't need an attorney. My idea is you're sued in the small claims court where you don't need an atty to present you. All you have to do is file a reply to the summon. The form would be available with the court clerk.
It's important to file answer to the summon otherwise North Star would be awarded a default judgment and can garnish your wage or put levy on you bank account eventually.
After filing the reply, you must send a debt validation letter to the collection agency. The copy of the old statement is no proof of your debt.
At the same time you should also start piling up all the documents in support of your argument to present before the court.
What is the SOL of your state? I guess the SOL of your state is about to run out and that is why they have sued you in a hurry. Have you not received any collection calls from North Start before?
be careful sc, i think you're making this process seem a lot eas
be careful sc, i think you're making this process seem a lot easier than it actually is. "all you have to do is file an answer" is a pretty glib interpretation of what actually takes place. the litigation process can be long and involved. plaintiff's attorney will try to drown you in documentation - because they can.
furthermore, in PA wages cannot be garnished.
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well guest.filing an answer is the first step.then a court date is assigned.as far as the flooding of documentation goes.that is up to the court to decide.unless ordered.the defendent doesn't have to furnish anything.you are talking like sc telling the OP to file the answer is wrong,and it isn't.
i didnt its wrong to file an answer. and yeah actually filing a
i didnt its wrong to file an answer. and yeah actually filing an answer is stupid easy - most courts would accept "choo-choo-train" written on the correct form as an "answer" as long as its accompanied by the proper filing fee. what im saying is "wrong" is the suggestion that its a simple process. you are correct in that filing is the first step, but the rest of the process is not to be taken lightly. many people who file do not follow proper procedure and end up losing because they dont follow through with their answer.
and what i meant about the flooding of docs is that the attorney's office will be sending interrogatories, and filing motion upon motion - anyone who files an answer needs to be prepared for that possibility.
reply
i knew what you were meaning with the flooding of docs,but unless court ordered.the creditor's attorney has no real right to demand anything.i'm noticing that more and more.the plaintiff taking it into their hands to demand docs without the court's knowledge.the defendent does not have to do that.in some cases where the plaintiff does that.it makes it easier,because during discovery they more than likely won't have the docs needed to prove the case.against bottomfeeders it is easy sometimes.
Does the account summary have your name on it ??? does it itemiz
Does the account summary have your name on it ??? does it itemize every charge in the entire amnount you owe?
In the complaint they need only allege or state a claim on which relief can be granted, but in order to get a judgement against you - they must successfully plead and prove breach of contract, in filing the judgement - they must have a complete accounting ledger - otherwise they win - but cant prove damages -
R. Peppard
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