My ears are WIDE open!
Additional Information
1. Who is the named plaintiff in the suit?
- Convergence Acquisitions
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
- Finkelstein Kern Steinberg & Cunningham
3. How much are you being sued for?
- $1,500
4. Who is the original creditor? (if not the Plaintiff)
- Fifth Third Bank
5. How do you know you are being sued? (You were served, right?)
- I received papers directly handed to me
6. How were you served? (Mail, In person, Notice on door)
- In Person
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?
- Tennessee Rutherford county
10. When is the last time you paid for this account? (looking to establish if you are outside of the statute of limitations)
- Around April 2013
11. When did you open the account (looking to establish what card agreement may be applicable)?
- April 2011
12. What is the SOL on the debt?
- Unsure
13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
- I've attached scans of the papers I received below blanking out personal information.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
- In the past I have and it is not on my credit report anymore
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 could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
- No I have not requested debt validation.
16. 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?
- It didnt say to respond and when i called clerk they told me I didnt have to so I'm unsure at this point and I have included the documents
They are suing because they said i failed to pay on a advanced loan from my checking account
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
- The Evidence I was sent are as listed:
I havent got anything except the civil summons and a signed and sworn statement dated june 2017 and civil summons
My Questions
1. What actions should I begin to take?
2. Please, if anyone can point me to other threads and also give advice and guidelines on what to do it would be greatly appreciate.
3. Would it be best for me to just go ahead and pay this off if I currently have the money or would I be better off fighting the case?
From some research i done when consumers do a sworn denial or go trial 99% of time they end up dismiss because maybe the person who signed the papers have to show up at trial??
4. If anyone have any advice I'm open and would love to hear it and thank you once again
If any more information is needed on my side to help in understanding my situation please let me know. I work the graveyard shift but will do my best to respond as promptly as possible. Once again thanks for taking a look.
Also I read in TN the a debt collector cannot be a law firm of some sort and if they are acting as on ethey must be properly registered with the state which they are not
Also who should I request the paper work from and who is actually suing me convergence or Finkel?
