Topic: Being sued by Main Street Acquisition Corp (HSBC) served Oct. 31st

[lasixsued]

Hi,  I've never been sued and don't know the first thing to do to even respond.  Is there a form that I print from the website (Los Angeles Superior Court site) to respond? Do I respond to the court or to MSAC?  I'm very confused.  I don't even know if the amount I'm being sued for is the amount I owe?  They didn't list any acct info such as acct number this case is about etc.  About a year or so ago I had someone call me to set up a payment plan and I've been paying 50. month ever since (set up autopayment through online banking).  Two times though, I had NSF in my acct and the pymt didn't go through.  That's when I started getting call after call and I stopped answering the phone.  But my pymt keep getting paid and accepted by HSBC.  Not sure if this even matters. 

Back to my question.  How do I proceed? forms, letters? to who?   Don't they have to give me a list of debits and credits on the acct that verifies how much I owe?  If these questions have already been answered elsewhere on this site, please forgive and direct me to where my questions can be answered.  Thank you very much.  <name removed>

[Mod7344]

Please note that the accepted writing style at Debtorboards is standard English.

This includes paragraph breaks, capitalization when appropriate, and full and accurate spelling of words.

Run-on sentences and stream of consciousness writing are not only unacceptable, they are difficult to read, and will greatly lessen other members’ likelihood of responding to your post.

The goal of this Board is to instruct our members so that they develop the skills to deal well with legal matters. We would be remiss if we did not insist that they practice those skills as part of the learning process.

[lasixsued]

Thanks for your help.

Sorry for my the way I have written.

Let me reword.  I am being sued and I don't know how to respond.  I'm not sure if there is a specific form I'm suppose to fill out in order to respond, and to whom I send it to.  I believe I have 30 days from the time I was served, which was Oct. 31st, to respond. 

Then, when I do figure out who I respond to, what do I say? Can I ask them for proof of the amount I owe?

[Shadowbuddha]

There are stickies in many of the forums which are full of important basic information. 

I would start by reading all the stickies in the various forums.

Also, in California each county has a law library.  At least in my county they have a good amount of books done by Nolo (legal publisher with easy to read styles), including books on dealing with a lawsuit.  Personally I would see if they're available and if so, read appropriate ones. 

Remember, you have a limited amount of time to respond to a lawsuit, so make sure to file an answer within the required time period.

[lasixsued]

I just had a missed call from the Attorney that filed the Summons just now!  I didn't realize who it was until I looked up the name that came up on the caller id and matched with my court docs.  My answering machine was full, so he couldn't leave a message.  Should I call them back?  Is this normal procedure?  Do you think they're trying to call to negotiate a settlement?

[Admin0619]

I just had a missed call from the Attorney that filed the Summons just now!  I didn't realize who it was until I looked up the name that came up on the caller id and matched with my court docs.  My answering machine was full, so he couldn't leave a message.  Should I call them back?  Is this normal procedure?  Do you think they're trying to call to negotiate a settlement?

Once again, line break please.

[Shadowbuddha]

They are most likely calling to scare you to get a good settlement (for them). 

If MSAC owns the debt, they should be able to be beaten in court.  Read the stickies in the Junk Debt Buyer forum.

[lasixsued]

Thanks!  I'm glad I didn't answer it.  I need to read and educate myself!  It was actually their attorney that called. 

[lasixsued]

I won't be able to respond with the "general denial" because there was a sworn Verification under penalty of perjury statement.  Even though it just states the attorney is informed and believes the matters stated therein are true, and on that ground, I allege that the matters stated therein are true.

There were no documents attached proving they own the debt or proving the amounts owed.  Nothing.

<name removed>

[Admin Note: Please refrain from posting personally identifiable information. This is for your own protection.]

[KFMAN]

I won't be able to respond with the "general denial" because there was a sworn Verification under penalty of perjury statement.  Even though it just states the attorney is informed and believes the matters stated therein are true, and on that ground, I allege that the matters stated therein are true.

There were no documents attached proving they own the debt or proving the amounts owed.  Nothing.

<name removed>

[Admin Note: Please refrain from posting personally identifiable information. This is for your own protection.]

I would deny everything except my name and address and make them prove it.  I would also read the JDB section.