logo

Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

Sued.....

Date: Wed, 01/30/2008 - 19:32

Submitted by kimandpokey
on Wed, 01/30/2008 - 19:32

Posts: Credits: [Donate]

Total Replies: 4


just received notification that I am being sued by Arrow Financial, Attorney for Plantiff from Mann Bracken. Double dose of bottom feeders. Anyway, rather than giving me a court appearance, it states "You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 1000 am on the Monday next following the expiratoin of 20 day after the date you were served this citation and petition, a default judgment may be taken againt you." They have a petition attached asking me to admit or deny 21 questions concerning the amount owed to "Plantiff" as described in Exhibit A, Exhibit A being a notarized statement from "Ruth Miner" who has care, custody and control of records concerning my account. Am also to answer and return a list of "Written Interrogatories" about my work history, marriage history, names of children, spouse(s)and dates and counties of any marriages....(what in the world is this all about?)

Okay, I am pretty much certain this is bull**** as far as evidence goes, it's just one of those things that if I don't answer, they get the default judgment. The original debt was a JC Penney account. I quit making payments on it when my house was about to be foreclosed upon. When things were better, and I coldn have started credit card payments again, it was too late.

Aye, aye, aye.....where to go now? I need an attorney but I don't want to put my trust in just any attorney. HELP!!!!!! Any advice appreciated.....

Kim


That I'm in Albany, Texas....about 30 miles from Abilene. The attorney representing "Plantiff Arrow Financial" is in Dallas, 2 hours away, which is probably why my summons wants the answer in writing rather than at a court date. The SOL on this debt runs out in about 5 or six months.......I was hoping it would just "go away." If I were able to start paying original debtor again, I would gladly, but I don't want these bottom feeders making a huge profit off our mistake.


lrhall41

Submitted by kimandpokey on Wed, 01/30/2008 - 19:48

( Posts: | Credits: )


I thought you must be in Texas due to the quote "You have been sued. You may employ an attorney...", etc. which is required. Get a copy of the original petition and answer within the time frame. If you are being sued in County or District Court, follow the petition and number the paragraphs admiting or denying each. Title it as First Answer to Petition. Above all, get your answer notorized! If not, they will move that it is a general denial and move for summary judgment, before the court date even comes. As to Mann Braken, send a letter (RRR) demanding strict validation of the alleged debt and how they calculated what they say you owe. Add that if they are unable to send you this, you are more than willing to subpoena Ruth Miner to attest to this alleged debt.


lrhall41

Submitted by Law Student on Thu, 01/31/2008 - 00:22

( Posts: 1182 | Credits: )