1. Who is the named plaintiff in the suit?
'PERSOLVE, LLC, a limited liability company, dba ACCOUNT RESOLUTION ASSOCIATES'2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
PERSOLVE, LLC3. How much are you being sued for?
Approx 5k4. Who is the original creditor? (if not the Plaintiff)
Wells Fargo5. How do you know you are being sued? (You were served, right?)
Served6. How were you served? (Mail, In person, Notice on door)
Summons were left on porch at parents house7. Was the service legal as required by your state?
Probably not but close enough8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None. We spoke on the phone after I received the summons. I offered $800 which was declined.9. What state and county do you live in?
Riverside, California10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
I cannot recall. Credit report says 1/23/200911. What is the SOL on the debt? To find out:
I believe 4 years (filed 1/18/2013, 5 days before limit)12. 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 filed General Denial (PLD-050) claiming 3 affirmative defenses. Statue of Limitations, Doctrine of Laches, and 'complaint fail to state facts sufficient to consitue cause/causes of action'13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
Disputed with one credit agency, received letter from Persolve, LCC indicating they were aware of the dispute and needed mroe documentation from me to investigate the dispute.14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
No.15. 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?
30 days.16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
No evidence included. In response to the request for BOP they send a screenshot of a computer showing my account and balance, as well as a statement from the CFO swearing that the computer software screenshot is legit because that is how they store account information.