So I took your advice Scott, and read through many of the threads, specifically the Mr. Footballs.
I feel very intimidated by this entire process and I don't want to be a pain in the but I just have so many questions and no money for a lawyer.
First of all I live in N.Y. city so I am not sure if all of your advice would be applicable to me since you were advising someone in Maryland.
His summons does not have a place to sign or specify that he wants to defend the debt against him. So I believe this means he has to file a notice to defend or a motion for discovery (Are these the same things?) To acquire these documents should I look online, and if so where or should I just call the court? We are short on time because he received this on Monday but it is stamped Sept 13, which means we need to be there Friday!
Do I bring this motion for discovery with us, to the court; do I also send it to the plaintiff?
If I understood you guys correctly I also want a record of purchases and payments, Interest accrued. Does he need to do this also on Friday? Is there specific paperwork for it or do you just say you want to do that in court? If there is paperwork, do we send it to the plaintiff or the court, or both?
Which brings me to my next question, Is there a substantial difference between being assigned the debt from my original creditor, Bank of America or if the debt agency purchased it?
On the summons the plaintiff is described as follows,
Cavalry Portfolio Services,LLC, as
Assignee of Cavalry spv, LLC, AS
Assignee of Hilco Receivables, LLC, AS
Assignee of Bank of America
I am assuming the debt was just assigned to these other agencies.
The last people we spoke with were the Hilco people. At the time we were using care one credit to come up with a payment plan. We sent them a couple of payments but they kept asking for larger sums every month and we just couldn't afford it. We have no documentation of this because we stupidly did it on the phone and computer.
Will this work against us? Was using care one like admitting guilt? Will they have a record of it?
Should we even try to deny or are the forces that be working against us?
Lastly, since there was no specific date on the summons I am assuming that they will give us a court date when we get there, but he should still say he wants to defend the action against him, right, I mean if you think we have a chance?
Oh one more thing... is the court cost going to add up to some ridiculous amount of money anyway?
We are so confused, any help would be much appreciated