Coworker got a citation served to her last night. She can't afford to file right now and being a single mom can't afford a garnishment either. Can you experts read this and tell her what to do? I can't give any accurate advice because we filed before any cc sued so I have no experience with this. Sorry it is so long, but I wanted to give all the information available.
CITATION
YOU HAVE BEEN SUED!
Attached to this citation is a certified copy of a petition. The petition tells you what you are being sued for. You must EITHER do what the petition asks OR within 10 days after you have received these documents, you must file an answer or other pleadings in the office of the clerk of this court. If you do not do what the petition asks, or if you do not file an answer or legal pleadin within ten days a judgment may be entered against you without further notice.
Second page
PETITION FOR SUMS DUE WITH INCORPORATED DISCOVERY
THE PETITION of dirtbag debt buyers, LLC, appearing through counsel undersigned hereto with respect represents:
1. Defendent herein, Single Mom, a person of the full age of majority and a resident of the State of Lousiana.
2. Defendant is currently indebted unto plaintiff in the amount of 2207.27 which consists of the amount of 2018.17 (the balance due at the time the indebtedness was purchased by plaintiff), plus interest from date of purchase of 189.10 to the date of this petition, interest thereafter at the rate of 18.000 percent per annum until paid, less a credit for all sums paid by Defendant from date of purchase of the account by plaintiff to the present. Additionally, Defendant is liable for reasonable attorney's fees and all costs of this proceeding.
3. Defendant was issued a credit card by CHASE BANK USA NA herinafter referred to as "original creditor".
4. By issuing a credit card to Defendant, original creditor agreed to permit defendant or defendant's designee to make purchases on credit or obtain cash advances by using the credit card, to be repaid in installments.
5. Defendant and/or other persons used the card and, thus, obtained money from original creditor.
6. Defendant's or Defendant's designee's use of the credit card established an agreement to the terms of the credit card.
7. The account at issue bears contractual interest and plaintiff is entitled to collect interest at a rate of 18.000 percent. Said interest will continue to accrue at that rate until paid.
8. The indebtedness was purchased for valuable consideration by dirtbag debt buyers, LLC.
9. The current amount due on said indebtedness, after credit for all payments has been given is 2207.27. Defendant has failed to pay this amount when due and/or disputes his or her indebtedness on this account.
10. Additionally, SINGLE MOM is liable to plaintiff for reasonable attorney's fees.
11. Attached hereto as Exhibit "A" are Interrogatories, Requests for Admissions, and Requests for Production of Documents which are incorporated into this Petition and are to be responded to within the delays allowed by the Louisiana Civil Code of Procedure.
12. This is an attempt to collect a debt. Any information will be used for that purpose. The undersigned is a debt collector. It may be necessary to contact third parties for information regarding Defendant to collect his debt.
WHEREFORE, plaintiff DIRTBAG DEBT BUYERS, LLC, prays that defendant, SINGLE MOM, be duly served and cited to appear and that, after due proceedings had, there be judgment herin in favor of plaintiff, DIRTBAG DEBT BUYERS, LLC, and against the Defendant, SINGLE MOM, in the full and true sum of 2207.27. Additionally, Defendant is liable for reasonable attorney's fees and all costs of this proceeding and that an Order of this Court be issued allowing plaintiff's counsel to contact such third parties as may be necessary or advantageous to effectuate any post-judgment judicial remedy.
Last Section:
CITY COURT FOR THE CITY OF SINGLE MOM
STATE OF LOUISIANA
DIRTBAG DEBT BUYERS VERSUS SINGLE MOM
REQUESTS FOR ADMISSIONS, INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS
NOW COMES DIRTBAG DEBT BUYERS, LLC, who propounds the following Requests for Admissions, Interrogatories, and Requests for Production of Documents to Defendant, SINGLE MOM. This discovery must be responded to within the delays allowed by Louisiana law. Pursuant to La.C.C.P. Art 1467, the failure to respond to the following Requests for Admissions in the manner and within the delays allowed by that article will result under certain circumstances in your having admitted the facts referred to in these requests.
REQUEST FOR ADMISSION NO. 1
Please admit that you were the holder of a CHASE BANK USA NA credit card and that you are liable for the amounts due theron.
REQUEST FOR ADMISSION NO. 2
Please admit that the total of principal, interest, and late charges due on the credit card is 2207.27, and that you are liable as well for reasonable attorney's fees and all costs of this proceeding.
REQUEST FOR ADMISSION NO. 3
Please admit that DIRTBAG DEBT BUYERS, LLC is the sole and full owner of the account or accounts sued on herin.
INTERROGATORY NO. 1
If you deny Request for Admission No. 2 above, please state the amount you contend is due on said accuont.
REQUEST FOR PRODUCTION NO. 1
If you deny either Requests for Admissions 1 or 2 above, please produce at the office of the undersigned, within the delays provided by the Louisiana Code of Civil Procedure, the following documents:
a) all documents reflecting billings from CHASE BANK USA NA for any credit card, line of credit or other installment obligations; and
b) all documents including bank records, canceled checks, bank statements, etc., reflecting any payments made by you to CHASE BANK USA NA on said obligations.
INTERROGATORY NO. 2
Please state whether you disputed the billing statements from CHASE BANK USA NA in writing within sixty (60) days of your receipt of those statements.
REQUEST FOR PRODUCTION NO. 2
Please produce for inspection and copying, at the offices of the undersigned, within the delays allowed by the Louisiana Code of Civil Procedure, all documents or written materials in your possession relating to said dispute.
This is an attempt to collect a debt. Any information obtained will be used for that purpose. The undersigned is a debt collector.
Then it is signed by an attorney representing Dirtbag Debt Buyers.
CITATION
YOU HAVE BEEN SUED!
Attached to this citation is a certified copy of a petition. The petition tells you what you are being sued for. You must EITHER do what the petition asks OR within 10 days after you have received these documents, you must file an answer or other pleadings in the office of the clerk of this court. If you do not do what the petition asks, or if you do not file an answer or legal pleadin within ten days a judgment may be entered against you without further notice.
Second page
PETITION FOR SUMS DUE WITH INCORPORATED DISCOVERY
THE PETITION of dirtbag debt buyers, LLC, appearing through counsel undersigned hereto with respect represents:
1. Defendent herein, Single Mom, a person of the full age of majority and a resident of the State of Lousiana.
2. Defendant is currently indebted unto plaintiff in the amount of 2207.27 which consists of the amount of 2018.17 (the balance due at the time the indebtedness was purchased by plaintiff), plus interest from date of purchase of 189.10 to the date of this petition, interest thereafter at the rate of 18.000 percent per annum until paid, less a credit for all sums paid by Defendant from date of purchase of the account by plaintiff to the present. Additionally, Defendant is liable for reasonable attorney's fees and all costs of this proceeding.
3. Defendant was issued a credit card by CHASE BANK USA NA herinafter referred to as "original creditor".
4. By issuing a credit card to Defendant, original creditor agreed to permit defendant or defendant's designee to make purchases on credit or obtain cash advances by using the credit card, to be repaid in installments.
5. Defendant and/or other persons used the card and, thus, obtained money from original creditor.
6. Defendant's or Defendant's designee's use of the credit card established an agreement to the terms of the credit card.
7. The account at issue bears contractual interest and plaintiff is entitled to collect interest at a rate of 18.000 percent. Said interest will continue to accrue at that rate until paid.
8. The indebtedness was purchased for valuable consideration by dirtbag debt buyers, LLC.
9. The current amount due on said indebtedness, after credit for all payments has been given is 2207.27. Defendant has failed to pay this amount when due and/or disputes his or her indebtedness on this account.
10. Additionally, SINGLE MOM is liable to plaintiff for reasonable attorney's fees.
11. Attached hereto as Exhibit "A" are Interrogatories, Requests for Admissions, and Requests for Production of Documents which are incorporated into this Petition and are to be responded to within the delays allowed by the Louisiana Civil Code of Procedure.
12. This is an attempt to collect a debt. Any information will be used for that purpose. The undersigned is a debt collector. It may be necessary to contact third parties for information regarding Defendant to collect his debt.
WHEREFORE, plaintiff DIRTBAG DEBT BUYERS, LLC, prays that defendant, SINGLE MOM, be duly served and cited to appear and that, after due proceedings had, there be judgment herin in favor of plaintiff, DIRTBAG DEBT BUYERS, LLC, and against the Defendant, SINGLE MOM, in the full and true sum of 2207.27. Additionally, Defendant is liable for reasonable attorney's fees and all costs of this proceeding and that an Order of this Court be issued allowing plaintiff's counsel to contact such third parties as may be necessary or advantageous to effectuate any post-judgment judicial remedy.
Last Section:
CITY COURT FOR THE CITY OF SINGLE MOM
STATE OF LOUISIANA
DIRTBAG DEBT BUYERS VERSUS SINGLE MOM
REQUESTS FOR ADMISSIONS, INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS
NOW COMES DIRTBAG DEBT BUYERS, LLC, who propounds the following Requests for Admissions, Interrogatories, and Requests for Production of Documents to Defendant, SINGLE MOM. This discovery must be responded to within the delays allowed by Louisiana law. Pursuant to La.C.C.P. Art 1467, the failure to respond to the following Requests for Admissions in the manner and within the delays allowed by that article will result under certain circumstances in your having admitted the facts referred to in these requests.
REQUEST FOR ADMISSION NO. 1
Please admit that you were the holder of a CHASE BANK USA NA credit card and that you are liable for the amounts due theron.
REQUEST FOR ADMISSION NO. 2
Please admit that the total of principal, interest, and late charges due on the credit card is 2207.27, and that you are liable as well for reasonable attorney's fees and all costs of this proceeding.
REQUEST FOR ADMISSION NO. 3
Please admit that DIRTBAG DEBT BUYERS, LLC is the sole and full owner of the account or accounts sued on herin.
INTERROGATORY NO. 1
If you deny Request for Admission No. 2 above, please state the amount you contend is due on said accuont.
REQUEST FOR PRODUCTION NO. 1
If you deny either Requests for Admissions 1 or 2 above, please produce at the office of the undersigned, within the delays provided by the Louisiana Code of Civil Procedure, the following documents:
a) all documents reflecting billings from CHASE BANK USA NA for any credit card, line of credit or other installment obligations; and
b) all documents including bank records, canceled checks, bank statements, etc., reflecting any payments made by you to CHASE BANK USA NA on said obligations.
INTERROGATORY NO. 2
Please state whether you disputed the billing statements from CHASE BANK USA NA in writing within sixty (60) days of your receipt of those statements.
REQUEST FOR PRODUCTION NO. 2
Please produce for inspection and copying, at the offices of the undersigned, within the delays allowed by the Louisiana Code of Civil Procedure, all documents or written materials in your possession relating to said dispute.
This is an attempt to collect a debt. Any information obtained will be used for that purpose. The undersigned is a debt collector.
Then it is signed by an attorney representing Dirtbag Debt Buyers.
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