My husband was served in person on approx. 12/10/2015 with a Limited Liability Case for $25,466.63 and they included Does 1 through 10. The attorney's in the case are the Winn Law Group. The case was date stamped as filed on January 09 2015. The original creditor was FIA Card Services and the last payment was made on 01/17/2012.
Along with the Summons is a Complaint, a Declaration RE: Venue, a blank ADR Information Form, A blank Statement of Agreement or Nonagreement and a list of private mediators.
The complaint states that on 4/30/2012 the sum of $25,466.63 was owed to FIA Card Services and Cavalry bought the debt from FIA. It states that Plaintiff made demand for payment but no part of that sum has been paid to plaintiff. They say "within the last four years, Defendant became indebted to original creditor, FIA Card Services, NA i the sum of $25,466.63 for money lent to or paid out for the benefit of Defendant at his/her request, based on Defendant's use and benefit of his/her account."
They ask for relief of the debt, cost of suit and other relief as the Court may deem just and proper. They do this in 2 causes of action.
My husband is 60 years old (I'm not far behind him) and we've had some really rough years and not just financially. I know we need to get this answered in the next week. (I chose to not let it ruin the holidays as we are finally regaining some semblance of normalcy and I didn't want to spoil that).
Where do we go from here? What forms do I need to fill out? Where do I find them? What is the best course of action being so close to SOL? Why would they file in January and not serve until December? It almost feels like a set-up.
Thank you so much for your help.