Sorry if this template doesn't apply, but I feel it answers most relevant questions. Kind of just looking at my options as somebody with low income and no clue what to do. When I received by initial letter two months ago from RS, I checked payments options on their website, which the $80/month payment was feasible. I couldn't afford it, put it off, and now I check today to try and start that payment plan and they are only offering me payment options of over $700 per month. I have not spoken to them in any manner. It looks like they are representing Cascade Capital that bought my debt from Santander USA.
Any information at all would be extremely, extremely helpful. I am terrified.
1. Who is the named plaintiff in the suit? Cascade Capital LLC
2. What is the name of the law firm handling the suit? Rausch Sturm
3. How much are you being sued for? <$10,000
4. Who is the original creditor? (if not the Plaintiff) Cascade Capital, who purchased from Santander
5. How do you know you are being sued? Found it on the court website. Money judgment has been filed.
6. How were you served? I have not been served yet, but I expect to be any day now.
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. They sent me a letter 2 months ago, I panic and put it off.
9. What state and county do you live in? Oklahoma, Pontotoc
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 07/15
11. When did you open the account (looking to establish what card agreement may be applicable)? 2013
12. What is the SOL on the debt? 7 years? Not sure.
13. What is the status of your case? Suit served? Motions filed? Court website says "Filed".
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No.
16. How long do you have to respond to the suit? Not sure.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Have yet to receive summons.