1. Who is the named plaintiff in the suit?
FIA Card Services
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Frederick J. Hanna & Associates, P.C.
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
Bank Of America
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
"Attempt to collect a debt" letter, and response letter to my DV
9. What state and county do you live in?
Carroll County, GA
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. What is the SOL on the debt?
12. What is the status of your case? Suit served? Motions filed?
Filed an Answer (General Denial, No Affirmative Defenses)
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
14. Did you request debt validation before the suit was filed?
Yes (And elected Arbitration in the DV letter)
15. How long do you have to respond to the suit?
End of March, Already filed Answer
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Just a Statement of Claim from Magistrate Court, note that it says "Default on Account"
I have not yet initiated Arbitration with JAMS, though I plan to if can get the fee money in time. Nor did I have Affirmative Defenses on the Answer. Both because I was not on this forum soon enough! lol
After Answering the complaint, I received a letter from Magistrate Court to attend a Mediation Session on April 25th.