So long story short, scumbag Kohn Law firm is suing me for an alleged credit card debt of around $1250. I never got any Notice to cure default before the suit was filed. The only letter I got from them was a notice where they said that they had been hired by Capital One to collect on this debt, and no lawyer had yet reviewed this case. After no response from me, they filed suit.
They mailed me the summons and complaint, and submitted affidavit of mailing in court.
Location: Wisconsin (Dane County Courthouse)
I do not know if I need to respond to this complaint or just show up in court on the return date.
I wanted TrueQ's help here since he seems to be knowing all about Wisconsin law and wanted to know how to go forward with this.
The only time I have contacted Kohn was a discuss a settlement which they never agreed on.(This was after they filed suit).
I am not sure if arbitration is the way to go or use the "notice to cure default" defense.
My court date is in 20 days so any help will be greatly appreciated. THANKS!!
The summon/ complaint goes something like this:
Now comes the plaintiff by the KOHN LAW FIRM S.C; plaintiff's attorneys, and for a cause of action against the defendant(s), alleges as follows:
1. The plaintiff seeks to enforce a cause of action arising from (a) credit transaction(s) indentified herein
2. The plaintiff and defendant entered into a charge account agreement and defendant(s) ourchased various goods, merchandise and/or services utilizing said charge account(s), identified as follows:
Account # XXXXXXXXXXXXXXXXXXX
3. The defendant(s) defaulted under the terms of said charge account agreement(s) by failing to make payments on said account(s) when due and failing to cure said default.
4. The actual or estimated amount of U.S. dollars that the plaintiff is entitled to recover is summarized as follows:
Account # XXXXXXXXXX
Balance Due: $1254.29
5. The plaintiff will submit accurate copies of the writings evidencing the defendant(s) obligation, to the court and to the defendant, upon reciept of the defendant's written request therefor on or before the return date or the date on which the defendant(s) answer is due.
6. The defendant(s) refuse(s) to pay this debt despite due demand having made by the plaintiff.
7.: Notice: This is an attempt to collect a debt; any information obtained will be used for that purpose.