Law Suit Filed Last year Feb 22, 08 and now has been refiled.
Date: Fri, 03/27/2009 - 11:59
the first summons, which i now know was a mistake, but the legal firm of Wright & Lerch Fort Wayne, IN apparently did not follow through How many times can they file? If they didn't follow through the
first time can they refile a year later? Also what are the statue of
limitations for filing against cc debt in Indiana? The company that is suing me is Velocity Investments, LLC. as Assignee of Fleet Bank. It states in the complaint they purchased this debt from Fleet. Our state has a 75% exemption on your salary and i am only a part time employee so they cannot garnish my wages if they get a judgment. How do i answer the summons, what are my options? Thank you for helping me.
The summons should have had a set of statement like where you li
The summons should have had a set of statement like where you live, what card it was, how much is owed, etc etc. You agree or deny each one.....you can also use Unable to agree or disagree due to lack of documentation, use that last one on any statement that even remotely suggested you had this account or owed them any monies.
There will be a discovery part...this is where you ask for documentation to prove your claim, ask for the signed contract/agreement, the last statement, proof they are legally able to collect in your state and proof they are the legitimate holder sof this debt. If they can't produce these things you then motion to dismiss based on lack of evidence.
They will also send you a list of numbered questions and requests to produce documentation. If they ask your for credit card numbers, payments made, etc you answer with: Unable to comply due to lack of documentation and for any question that asks very personal info such as where you worked or lived the last 10 years, how much you make, what checking accounts you have, etc etc you object to those questioned based on no relevancy to this case.
