I really need some Help Soc..............

[jolawanda]

according to one of your posts, anything that can be used against me in another forum (such as a court proceeding) that could prove me guilty constituted a special email request...........I have one of those Soc......
I have been *served* I have a very very short window of response. 19 days from today and I need some help!
This does not involve CS (for once) it's just for ME.......

[socrateaser]

>according to one of your posts, anything that can be used
>against me in another forum (such as a court proceeding) that
>could prove me guilty constituted a special email
>request...........I have one of those Soc......
>I have been *served* I have a very very short window of
>response. 19 days from today and I need some help!
>This does not involve CS (for once) it's just for ME.......

OK, based on your email, this is not a criminal action, therefore we can deal with it in a public forum. Questions:

1. In which jurisdiction did you live when you incurred this debt originally (i.e., when it was applied to your card)?

2. In which jurisdiction did you live when you first obtained the credit card?

3. In which jurisdiction are you now being sued?

4. Is this credit card account now closed, or did you simply stop paying on it?

5. How long do you have until you must answer the complaint?

6. Is this a small claims action or a regular civil suit?

If you don't know the answer, then you need to find out, by getting a copy of your credit report. It will state whether or not it was closed by the card issuer, or by the cardholder, or whether it is still open but charged off.

You can get a report free once every 12 months from annualcreditreport.com.

[jolawanda]

with the correct info as requested. thank YOU.............

[jolawanda]

1. In which jurisdiction did you live when you incurred this debt originally (i.e., when it was applied to your card)?

Clark county NV

2. In which jurisdiction did you live when you first obtained the credit card?

Clark Count, NV

3. In which jurisdiction are you now being sued?

Clark Countty

4. Is this credit card account now closed, or did you simply stop paying on it?

According to credit report it is closed but, showing a balance

5. How long do you have until you must answer the complaint?

they claim on the summons 20 days but, there isn't a court date listed. When am I supposed to get that?

6. Is this a small claims action or a regular civil suit?

civil suit according to summons.

If you don't know the answer, then you need to find out, by getting a copy of your credit report. It will state whether or not it was closed by the card issuer, or by the cardholder, or whether it is still open but charged off.

According to credit report, it was closed by card issuer and was charged off by them and account shows closed.

[socrateaser]

>1. In which jurisdiction did you live when you incurred this
>debt originally (i.e., when it was applied to your card)?
>
>Clark county NV
>
>2. In which jurisdiction did you live when you first obtained
>the credit card?
>
>Clark Count, NV
>
>3. In which jurisdiction are you now being sued?
>
>Clark Countty
>
>4. Is this credit card account now closed, or did you simply
>stop paying on it?
>
>According to credit report it is closed but, showing a
>balance
>
>5. How long do you have until you must answer the complaint?
>
>they claim on the summons 20 days but, there isn't a court
>date listed. When am I supposed to get that?
>
>6. Is this a small claims action or a regular civil suit?
>
>civil suit according to summons.
>
>If you don't know the answer, then you need to find out, by
>getting a copy of your credit report. It will state whether or
>not it was closed by the card issuer, or by the cardholder, or
>whether it is still open but charged off.
>
>According to credit report, it was closed by card issuer and
>was charged off by them and account shows closed.
>

1. On what date was the account closed?

2.  On what date did the transaction take place?

3. What exactly is the subject matter of the transaction (goods, services, etc.)?

4. Did you have any problem with the goods or services (such as non-receipt, or not received what was promised)?

5. If yes, did you complain about the problem to the vendor in writing?

6. Do you have proof of what you purchased vs. what was promised?

7. Is there anything about the transaction about which you could now reasonably claim that you did not reasoanbly receive what you paid for?

8. Were you under the age of 18 when you entered into the transaction?

[jolawanda]

it shows a last payment of 8/2000

and last date reported was just 9-2006

[socrateaser]

>it shows a last payment of 8/2000
>
>and last date reported was just 9-2006

I changed my last post. Go back and answer the new questions.

Re this question, did you ever receive a demand for payment prior to this from the credit card company?

1. Did you respond?

2. so, what did you say?

3. Who is the credit card issuer (not mastercard/visa, but the name of the bank on the statement where the bill was incurred?

[jolawanda]

yes, i received demand of payment and yes it was from the CC co. and then from a different law office than what the summons is from.

no, i did not.

that they wanted my money....I cannot recall.

Capitol One Credit / roanoke, VA. it doesn't specify a bank.

i went back to other questions too....

[jolawanda]

1. On what date was the account closed?

i am still looking

2. On what date did the transaction take place?

which transaction? the account shows opened 1997 and last payment in 2000

3. What exactly is the subject matter of the transaction (goods, services, etc.)?

goods and services.

4. Did you have any problem with the goods or services (such as non-receipt, or not received what was promised)?

none that I could prove

5. If yes, did you complain about the problem to the vendor in writing?

n/a

6. Do you have proof of what you purchased vs. what was promised?

no i do not

7. Is there anything about the transaction about which you could now reasonably claim that you did not reasoanbly receive what you paid for?

no i cannot

8. Were you under the age of 18 when you entered into the transaction?
no i was not.

[socrateaser]

OK, well we're right on the razor's edge of the NV statute of limitations for a contract based upon a writing (6 years), so the exact date of the statement upon which the last billed transaction appears could be critical, as could the exact date of the charge off to the account.

This gets into some pretty specific NV case law, but it also could get into some pretty specific law of the state in which the credit card agreement was made (usually Deleware).

Regardless, there's no way I can take the time to research what you need to successfully defend this action.

You will need a local attorney, or you can offer to settle for a lesser amount in exchange for a release, first.

If you think a settlement is an option, how much would you be willing to pay now (not payments -- cash), in order to get rid of the claim completely?