Getting served tomorrow

[lindsay2181]

Hello, it's been a while since I've been here. Nothing majorly eventful has happened since I was here before....but Friday a sherriff's deputy left his business card on my car. I called him and he said he had a subpeona for me. He is coming back again tomorrow at 10am. I'm kinda nervous, never gotten anything like that before, I have no clue who it's going to be from....I have 7 different cc's but I've been receiving mostly settlement offers from them lately, nothing really serious-sounding. it could be citifinancial (whom i owe the most to), but i just got a letter from them a few days ago saying the account would soon be written off and sent to a collection agency.

guess i'll see what it's all about in the morning. wondering if the deputy is going to be rude to me...and same thing when i go before a judge. i don't have a lawyer, but hopefully i will have time to get one before i need to go to court. unless this subpeona is not about that---but usually they are notifying you of a court date correct?? (i know i haven't done anything else! other than my debt i'm an )

[nfreeze]

Actually, the sheriff that served me my papers was extremely professional thank goodness. The thing to remember is, they are just doing their job. I think often times, people forget that and then forget to leave their attitude at the door... :-) (not implying anything about your situation). I also came home to the card on my door. They gave me the option of picking up my papers at the sheriffs office or setting up a time to meet them. And I filed my Ch7 before it went any further so..... was kinda a waste of their time and money. Mine was from Advanta Business.... They waited near 3 years to do anything.... Best of luck and keep your chin held high! You are no alone!

[jo23171]

It is just sign here and there is your subpoena, just like signing for something when UPS comes to deliver a package.

[lindsay2181]

Ok well he came and gave me the papers, I didn't have to sign anything. It's Chase, for $3,196 + 25% attorney fees. This Chase cc was formerly WAMU/Providian. I have 2 other Chase cc's.....their balances each around $1500. I wonder if they will soon follow.

It says I have 15 days to file an answer. Gotta figure out what I'm doing with all this mess. I have knots in my stomach.

[tobee43]

are you filing bk?? or have you....or are you planning to??

if YES to any of the above...you should be fine....even if they sue you prior to your 341....you can just file an order to vacate the judgment...(if granted) after the discharge...

however, in the meantime to stall...i would answer the summons....show up to court even if you don't want to and just keep stalling until you have a plan of what you will be doing.

best of luck!!

[AngelinaCatHub]

Ok well he came and gave me the papers, I didn't have to sign anything. It's Chase, for $3,196 + 25% attorney fees. This Chase cc was formerly WAMU/Providian. I have 2 other Chase cc's.....their balances each around $1500. I wonder if they will soon follow.

It says I have 15 days to file an answer. Gotta figure out what I'm doing with all this mess. I have knots in my stomach.

Lindsy it's no big deal. If you have been served as much as we, it becomes fun to evade (illegal too). I wish our suits had been only CC's. My enemy serially sued us to ruin us. It worked. However, Karma took him down and he passed away on the 11th. Nothing ever went to Court.

In your case, do S.O.P. and respond with a request for the full accounting and I would also complain that 25% lawyer fee is tantamount to "Usury" and just stall them until you file. At this time I doubt they will take it to trial for 3k. They are looking for you not to show. Once you file, that will stop and even if you get a Judgment, it can be set aside in your bk. 'Hub

P.S. the sheriff or bailiff is always professional. The private servers are jerks.

[Freddy03]

What are you being sued for? Breach of contract or Account Stated?

Research how to answer your summons based on the nature of the suit.

I've had both and they both had to be answered differently.

Good Luck - Just make sure you answer it within 15 days and send a complete request for documents.

[lindsay2181]

are you filing bk?? or have you....or are you planning to??

if YES to any of the above...you should be fine....even if they sue you prior to your 341....you can just file an order to vacate the judgment...(if granted) after the discharge...

however, in the meantime to stall...i would answer the summons....show up to court even if you don't want to and just keep stalling until you have a plan of what you will be doing.

best of luck!!

i would LIKE to file BK, been considering it for a long time now, have just been postponing and hoping it would all magically go away but i knew the day would come when i'd get sued so now i need to get on the ball with something. i don't have ANYTHING for an attorney, we are living paycheck to paycheck and most of the time our account is overdrawn.

[lindsay2181]

Lindsy it's no big deal. If you have been served as much as we, it becomes fun to evade (illegal too). I wish our suits had been only CC's. My enemy serially sued us to ruin us. It worked. However, Karma took him down and he passed away on the 11th. Nothing ever went to Court.

In your case, do S.O.P. and respond with a request for the full accounting and I would also complain that 25% lawyer fee is tantamount to "Usury" and just stall them until you file. At this time I doubt they will take it to trial for 3k. They are looking for you not to show. Once you file, that will stop and even if you get a Judgment, it can be set aside in your bk. 'Hub

P.S. the sheriff or bailiff is always professional. The private servers are jerks.

yeah, i know, everyone here says that. but were you a bit nervous the very first time it happened to you? i just have this yuck feeling in my stomach now. what do you mean by your enemy serially sued you? who?

ok and i was starting to learn the lingo way back when but you lost me at S.O.P and tantamount to "Usury" lol. explain that to me like you would a middle schooler haha. i am definitely gonna show, too scared not to. it will be more like $4k with the 25%, do you think they will not want to go to trial for that? if i do get a judgement, i am wondering what will come of it. i am unemployed, so i don't have wages to garnish...my husband does, and louisiana is a community property state. and we don't really own anything but a vehicle.

[lindsay2181]

breach of contract...well the wording is "breach of agreement", and i don't see anything about "Account Stated"--what's that? it was a former WAMU/Providian cc that was used to buy various things--groceries, clothes, etc. Nothing has been charged on the account in 3 years, and stopped making payments on it like 2 years ago.

[Freddy03]

breach of contract...well the wording is "breach of agreement", and i don't see anything about "Account Stated"--what's that? it was a former WAMU/Providian cc that was used to buy various things--groceries, clothes, etc. Nothing has been charged on the account in 3 years, and stopped making payments on it like 2 years ago.

You need to research how to answer a summons for breach of contract. Look up your court rules of procedures. Does the summons state who is suing you? Is it WAMU or do you know if the account has been sold to a "junk debt buyer".

[lindsay2181]

You need to research how to answer a summons for breach of contract. Look up your court rules of procedures. Does the summons state who is suing you? Is it WAMU or do you know if the account has been sold to a "junk debt buyer".

The plantiff is actually listed as Equable Ascent Financial LLC (is that a junk debt buyer?) but it also lists their attorneys, Couch, Stillman, Blitt & Conville, a local firm who's sent several letters and made a couple calls. OC is listed as Chase Bank USA, N.A. Visa Card. When I first got the card back in college it was Providian. Then it changed to WAMU. Then it changed to Chase and stayed that way. Are you suggesting that I should fight this b/c I am being sued by someone other than Chase? I'm not trying to deny the charges are mine of course, but I also don't have $3k to hand over. Don't even have $5 right now!

[Freddy03]

The plantiff is actually listed as Equable Ascent Financial LLC (is that a junk debt buyer?) but it also lists their attorneys, Couch, Stillman, Blitt & Conville, a local firm who's sent several letters and made a couple calls. OC is listed as Chase Bank USA, N.A. Visa Card. When I first got the card back in college it was Providian. Then it changed to WAMU. Then it changed to Chase and stayed that way. Are you suggesting that I should fight this b/c I am being sued by someone other than Chase? I'm not trying to deny the charges are mine of course, but I also don't have $3k to hand over. Don't even have $5 right now!

Are you filing BK any time soon? If not I would try to fight it. For breach of contract they must produce a signed copy of the credit card agreement. That's why most companies are suing for "open account and account stated" lately because they can't produce any records.

From what I can tell by researching Equable Ascent Financial LLC they seem to be a jdb. But to be sure you would have to see what your credit report is showing for this account. If it states "sold or transferred" then Chase doesn't own the debt any longer. And Equable would have to prove they bought the debt and for how much. If it just states charge off or closed you would have to do some digging to find out who actually owns the debt.

I would answer the summons - not denying the debt but denying that you owe Equable Ascent any money. Because you never signed an agreement with them. You signed one with Chase. You can get lots of help online on How to Answers a Summons. Then I would submit a Request for Documents. Request everything you can from them (ie: statements, org signed contracts, payment history) You can get samples of requests for documents online also. Be sure to follow your court rules of civil procedures.

Good Luck!



**This is not legal advice This is just some stuff I've learned for my own experience.

[lindsay2181]

ok freddy, that is the direction i was thinking i could go. i mentioned all this to a local legal aid attorney when we sat down to discuss the situation. he says they are not a junk debt collector, they own this debt, and most definitely will get the judgement. he says there is no need for me to answer at all. i told him i'd read here about answering the summons being better than not answering, and he says, unless i'm going to answer with a defense of my little brother took out the credit card and forged my signature, i might as well do nothing and get the default judgement. he says it's very unlikely they will drop it just b/c i answer, that they want their money and will do whatever to get it. i do plan to file BK, but don't have a retainer fee for a private attorney and am too nervous to go pro se. legal aid is so backed up they only take chapter 7's who are already being garnished. he says as soon as we have a garnishment he can take my case. he says he knows that sucks, but it is what it is. i am unemployed, so no paycheck to garnish, and i'm being sued in my maiden name...he says if/when they get the judgement they will start digging around, find out i'm married, and may possibly try to go after my husband's paycheck. i do want to file, but i don't even have the $299 filing fee right now. i'm thinking when income tax return rolls around, i'll have the filing fee and maybe will be able to go through legal aid by then if we are being garnished. if not i suppose i can use up more of the tax return for a private attorney.

i still have until tuesday to answer, and trying to make a decision. it's hard to research and get all the info i need to answer b/c i have 2 small children and no one to watch them while i try to get all this done, so not answering is very tempting. if i knew for sure answering would accomplish something, i'd be more motivated. sigh.

[mrskal]

I think by answering you will be buying time. I would think what legal aid said is true, they will probably win but it will give you time to get filed and then it won't be an issue.