small claims suit filed no response

Discussion in 'Credit Talk' started by lsmith15, May 14, 2003.

  1. lsmith15

    lsmith15 Well-Known Member

    I filed a small claims suit against TU court date end of the month, sent them a offer to settle suit letter early this month to date have not heard one word from TU is this usual for them not to even respond at all? could use some help on this one.
     
  2. lsmith15

    lsmith15 Well-Known Member

    self-serving bump
     
  3. jlynn

    jlynn Well-Known Member

    I don't know anything about small claims--yet, but I'm curious. Have they filed an answer with the court?
     
  4. lsmith15

    lsmith15 Well-Known Member

    jlynn I have not heard anything from the courts or TU and I was just wondering if they were even gonna show up at court.
     
  5. lwg8tr

    lwg8tr Well-Known Member

    I had an attorney call about 2 weeks before the preliminary hearing. He asked what we could do to settle the matter. I told him deletions in lieu of cash and his response was "What fax number can I send your report to". I filed a Mtion to Dismiss two days later. It was easy. 590 to 704 score with one phone call. They are all crooks
     
  6. jlynn

    jlynn Well-Known Member

    I think (now mind you, this is from reading here), you probably should check with the court and make sure they have been served with the lawsuit.

    Then, they have xx number of days to file an answer.
     
  7. thetravele

    thetravele Well-Known Member

    They shall be getting a summons from me but it will be a civil matter. I am tired of the games.

    I need a contact at TU to get served the papers. Does anyone know of someone I can send the summons to?
     
  8. jlynn

    jlynn Well-Known Member

    You will need to send it to their Agent of Service. Check your states' Secretary of State website.
     
  9. lsmith15

    lsmith15 Well-Known Member

    They got the certified mail letter from the court notifying them of the suit on 4/30/2003 so far have not responded back to the courts I just check with them maybe TU is bogged down with so many law suits they can't get to them all.
     
  10. jlynn

    jlynn Well-Known Member

    How long do they have to file an answer? I think its something like 21 days...but varies from court to court.
     
  11. lsmith15

    lsmith15 Well-Known Member

    21 days so its only been 16 days I am just surprised that I have not heard a peep from TU but this is my first suit against any of the CRA's or CA so this is testing the waters for me was just hoping someone who has gone through this would kinda give me some info about how they operate.
     
  12. bigmon

    bigmon Well-Known Member

    It might be just part of their game to get you worried.
     
  13. lsmith15

    lsmith15 Well-Known Member

    nods yeah that could be too, but am not worried have what I feel is a very good case against them.
     
  14. lwg8tr

    lwg8tr Well-Known Member

    They don't have to file an answer. Not filing an answer to your complaint is stupid but not required. Any defence they bring up in court could be answered with.."Well your honor the defendant did'nt assert any defense within the timeframe allowed". They are are really hamstringing themselves. But they could also remove your case up to Federal court. So don't get to excited if you show up and they don't. Remeber Plaintiffs have a heavy foot on the gas and Defendants have both feet on the brake. They could file a Motion to Remove on day 29 and then you could be fighting in Federal court.
     

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