1. Who is the named plaintiff in the suit? Discover
2. What is the name of the law firm handling the suit? Smith and Mcarty
3. How much are you being sued for? ~$8800.00 + costs
4. Who is the original creditor? Plaintiff
5. How do you know you are being sued? Served
6. How were you served? In person attempt, notice left on door.
7. Was the service legal as required by your state? Yes
8. What was your correspondence (if any) with the people suing you before you think you were being sued? None
9. What state and county do you live in? MS
10. When is the last time you paid on this account? Dec 2015
11. What is the SOL on the debt? 3 years
12. What is the status of your case? Suit served? Motions filed? Not sure at this time
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No
14. Did you request debt validation before the suit was filed? No
15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I received a summons, complaint, as well as a notarized affidavit.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? I did not receive any other documents.
OK I will admit that I am not hip on law or law jargon, I do not that I do not want to be on the wrong side of the law.
I am enrolled in a debt consolidation, I know that there are those that will advise against this, but it seemed that it would be my best option. I cannot file Chapter 7 and I cannot continue making just minimum payments.
I do not know what I should do in this situation. The Consolidation company says they can write a response , for $200, if I would like. Does it look any better if the response comes from a law firm?
I could not sleep last night due to thinking about this, I know that I am the one who to myself into this mess. I just wish there were laws against company automatically raising your limit. I was not out trotting around the world, I was paying bills and keeping my kids clothed after losing a good paying job and taking one with significant less pay.
Can anyone with experience in this situation please lend me some advice?
I have read through 2 other threads similar to what I am going through, but they were for less debt.
We are stretched as thin as possible right now, I cannot afford to have 25% of my wages garnished or take on court costs.
I do not receive any government assistance, so it will come down to feeding my kids or not.
Thank you all in advance.