First Post ...Being Sued...help!

kaxmaII3 · 07-25-2006, 02:17 PM

Hi folks....

Just found out via my state's Court Website that a suit was filed against me by Worldwide Asset Mgmt, a JDB.

It was filed in the county where I USED to live, in a state where I still actually work, but where I do NOT live.

This is for a CC that I defaulted on in 2003. The DOLA is early 2004.
The debt is $6K ... it is a lawfirm in the state I used to live in that filed it.

Question: I have NOT been served yet, but I hope to be soon, as I have them on 2 violations already. They DO have some old statements from the CC, but none that add up to what they are asking for. Out of the four things I asked for in the DV letters, they provided part of ONE thing, but none of the other 3.

What should I do next?

roybean · 07-25-2006, 05:01 PM

Have you seen your credit reports? The hard copies? Some of our state court people will have to ring in here on this because I don't do state court, but if you don't live in the jurisdication where the case is filed I think that's a strike against them: improper venue.
If it were me and I was sure a case had been filed, I'd start my answer right now so it would be tight when the time comes. I write slow, so I need time, but that's just me.

kaxmaII3 · 07-25-2006, 06:12 PM

It was filed late last week.

I have them on THREE violations so far, so any "settlement " will be long fought out, that's for sure.

They KNOW my correct address. My last lettre to them was sent CMRRR, and I have the Green card. It was sent from my current address, so I am absolutely in the dark over why they would try this this way. The SMART thing would have been to sue in my venue.

AND I HAVEN'T BEEN SERVED YET!

If I havent been served by Tuesday next, I will be at the courthouse to find out exactly what's going on.

roybean · 07-25-2006, 07:43 PM

as I said, I don't know about state court, but in district court you can take as long as 120 days (4 months) to serve someone. why are you in a hurry? Trust me on this, they will step up; just give em time. Yes, I would keep my eye on it just in case they try some tricky stuff like getting a default judgment and you haven't been properly served.

Hedwig · 07-25-2006, 08:07 PM

As far as providing what you asked for, they may not have to do that. They need to prove that the debt is yours and that the amount has been computed correctly. Period. They don't have to prove they're licensed or anything else.

There is a lot of case law on the case law forum. You need to look through there and see how case law applies to you. Different courts have ruled differently, and some of the cases will depend upon where you live.

FixinThings · 07-25-2006, 10:05 PM

Quote:

Originally Posted by Hedwig

They don't have to prove they're licensed or anything else.

In states where a CA/JDB is required to be resgistered/licenced, there would be a question of their legal status vis collection activities, wouldn't there?

Not registered=no standing as to being able collect or to file suit.

Hedwig · 07-25-2006, 10:23 PM

You don't ask them for that. You check with the state, and if they're not licensed you use that in your counterclaim or suit, as appropriate.

Then in discovery they have to tell you that. But they do not have to provide you with that information as part of the validation process. All they have to do is validate the debt. The rest plays out in the lawsuit.

kaxmaII3 · 07-25-2006, 11:25 PM

I am a bit concerned over the venue issue first, then the chain of custody issue, as far as their being the actual owners and being allowed to collect the debt.

The violations are significant, also....altho the VOD may trump everything else (the statements)...

I just want a fair and equitable resolution to this, is all.....I don't earn much and I work a far way from home, and a significant settlement/garnishment would in effect most likely mean I could no longer afford to work where I do. I spend $21 of gas A DAY now and drive 4 hours to and from work.

Hedwig · 07-26-2006, 12:59 AM

Wow! And I thought I did a lot of driving! I fill my gas tank every three days or so. Yesterday was the first time I ever paid more than $40 to fill the tank.

roybean · 07-26-2006, 02:32 AM

Quote:

Originally Posted by kaxmaII3

I am a bit concerned over the venue issue first, then the chain of custody issue, as far as their being the actual owners and being allowed to collect the debt.

The violations are significant, also....altho the VOD may trump everything else (the statements)...

I just want a fair and equitable resolution to this, is all.....I don't earn much and I work a far way from home, and a significant settlement/garnishment would in effect most likely mean I could no longer afford to work where I do. I spend $21 of gas A DAY now and drive 4 hours to and from work.

That's a lot of driving and gas money, but we help you get thru this.

hannah · 07-26-2006, 12:37 PM

What state? In any event, you will need to fill a motion to dimiss for lack of personal jurisdiction in the court that it IS in when you get served.

kaxmaII3 · 07-26-2006, 01:21 PM

It's in WI, but I don't live there, I just WORK there...I live in another state nearby.

hannah · 07-26-2006, 03:39 PM

Quote:

Originally Posted by kaxmaII3

It's in WI, but I don't live there, I just WORK there...I live in another state nearby.

Then after you are served you need to file a motion to dismiss for lack of personal jurisdiction. I will see if I can find you an good example of one.

kaxmaII3 · 07-26-2006, 04:26 PM

Thanks, hannah!

This JDB does some truly underhanded stuff, too...what do I do if I'm not served soon? I am seriously thinking of GOING to the courthouse soon to see the complaint, if I'm not served by then....

I DONT want to give them an easy default. Even if I go down, I want it to be with a fight.

kaxmaII3 · 07-26-2006, 06:49 PM

Say, Hannah...please send me that MTD for venue as soon as you can, I am just ITCHING to be served to attack these guys

Hedwig · 07-26-2006, 06:52 PM

Does the website show if you've been served or not?

They may have "served" you someplace where you aren't, maybe by publishing an announcement in a little-read newspaper. Make sure no hearing is scheduled.

roybean · 07-26-2006, 07:07 PM

Quote:

Originally Posted by kaxmaII3

Thanks, hannah!

This JDB does some truly underhanded stuff, too...what do I do if I'm not served soon? I am seriously thinking of GOING to the courthouse soon to see the complaint, if I'm not served by then....

I DONT want to give them an easy default. Even if I go down, I want it to be with a fight.

Good to see you're on top of things and I would recommend going to see the file at the court house especially if know they are known for trickery. Can you download the file on line?

hannah · 07-26-2006, 07:45 PM

Go on over to the courthouse and see if you have "been served". If you have been, it will be in the file.

kaxmaII3 · 07-27-2006, 11:37 AM

Well, this is weird..it sez on the state's website that the address was "updated" on July 24"

The new address is the SAME incorrect address. Exactly the same, not a single change.

Very odd. I did some research at 4AM on cases they have filed, and most of them have a "return date"
about 20 days after filing. It has now been about 6 days. Because of schedule commitments and the fact that the court is so far away, I will not be able to get to the courthouse until the 11 day mark (Tuesday).

This is very weird. I know they know where I live (I can PROVE it as correspondence has gone from me CMRRR to them) out of the state where they filed.I have the green card that they received it. I know they know where I work. I can prove that also.

I understand from their filings that they serve almost IMMEDIATELY upon filing...

I wish I could get to the courthouse. If I CALLthe court will they give me the info about whether I've been "served" or not?. The address they filed the complaint for is one I havent lived at in a year and a half...

Does anyone have a sample of a MTD for lack of personal jurisdiction that I can get ready to file? I don't LIVE in that state!

This is really weirding me out...sheesh