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I received a summons that I am being sued from them out of the blue yesterday and I have no idea what the next step is outside of showing up on or before the date given, any advice would be wonderful. Thanks




More details please. What else came with the summons? Who is suing? Last time account was paid on? etc....

Sub: #1 posted on Thu, 08/07/2008 - 07:25

NASCAR_Devil NASCAR_Devil
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Resurgence is who is suing, I didn't even know I owed anyone anything. It looks like it was a credit card I had in college. it was a summons and the credit card contract, along with someone from resurgence financial signing that I did in fact owe the debt.

Sub: #2 posted on Thu, 08/07/2008 - 08:13

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Have you pulled your credit reports to see how it's reported? www.annualcreditreport.com Is it Resurgence or Resurgent Capital/LVNV? The affadavit is BS and can be challenged as whoever signed it likely perjured themselves by doing so. When was the last time you paid on this account? Does the summons require a written response?

Sub: #3 posted on Thu, 08/07/2008 - 08:18

NASCAR_Devil NASCAR_Devil
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It shows as Resurgence Financial, LLC in Chicago, IL. But it doesn't show as an account just as an inquiry. I honestly have no idea when the last time I paid on the account was, but it was definitely 3-4 years ago. Is there a way to get a copy of the billing statements so I can find out? The summons just has a return date of 8/18 where I need to appear and pay some fees. Thanks for all your help

Sub: #4 posted on Thu, 08/07/2008 - 10:21

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So the OC does not show on your credit reports at all? Do you still have access to your bank records? Still, if your talking 3-4 years, you are still w/in SOL for IL. SOL is 5 years on Open Accts and 10 years on written and I have seen credit cards fall under both 5 and 10 years. I'll have to do some digging but I recently read of an IL case of a bank card that the defendent claimed a 5 year open account SOL defense on. When the JDB could not supply a signed CC application, the judge agreed.

As for getting copies of documents, you would have to file a request for Production of Documents with the plaintiff. You can submit that when you file your answer to the summons.

Sub: #5 posted on Thu, 08/07/2008 - 11:38

NASCAR_Devil NASCAR_Devil
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