Personal Debt Lawsuit Defense

Summary

The user is being sued for non-payment of a personal debt of $5,338.21 by Republic Finance, LLC. The last payment was made on 5/26/2023. The user has received a summons for a court hearing on 10/17/2023 in Washington County, TN. The user plans to file a motion to Show-Cause and a motion to Dismiss, arguing that the creditor has not shown cause and has not provided the original contract. The user has requested the original contract via certified mail but received no response. The user plans to represent themselves and is researching how others have won cases against Republic Finance. The user was advised on the court procedures in Tennessee and how to file a response to the summons.

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I was suit for non payment of a personal debt
Who is the creditor and what is the amount of the debt? In Tennessee, the statute of limitations for personal debt is 6 years.
$*,*.*
When was the last time you made a payment or acknowledged this debt in writing?

In Tennessee, the statute of limitations resets if you make a payment or acknowledge the debt.
Republic Finance, LLC and the date of the last payment was */*/*
Based on your last payment date, the creditor has until */*/* to sue for the debt in Tennessee. Have you received a summons to court?
Yes
What is the date of the court hearing?

In Tennessee, you have 30 days to respond to a summons. It's crucial to attend the court hearing to avoid a default judgment.
*/*/*
What is the location of the court where the hearing will take place?
Washington County, TN
The court nearest to you is the Washington County Circuit Court. Their contact number is (*) *-*. It's important to prepare for your hearing.
Ok
What is your plan for the court hearing?
To file a motion to Show-Cause and also a motion to Dismiss
What is the basis for your motion to dismiss? In Tennessee, common grounds include lack of jurisdiction, improper service, or the claim is barred by the statute of limitations.
Because they have not shown cause
What evidence do you have to support your claim that the creditor has not shown cause? In Tennessee, it's important to provide proof to support your motion to dismiss.
They have not provided me with an original agreement
What is the nature of the original agreement they failed to provide? In Tennessee, creditors are generally required to provide a copy of the original agreement when filing a lawsuit.
The entire contract
In Tennessee, a valid contract must include offer, acceptance, and consideration. If they can't provide the contract, it may support your motion to dismiss.
They won't be able to
What steps have you taken to request the original contract from the creditor?
Certified mail return receipt requested
What was the response from the creditor after you requested the original contract via certified mail?
No response
In Tennessee, if a creditor doesn't respond to a request for proof of debt, you can use this in your defense. Have you consulted with a lawyer?
No I will be representing myself
What is your plan to prepare for the court hearing? In Tennessee, it's important to understand the court procedures and rules when representing yourself.
I will be researching how others won cases against Republic Finance
What specific strategies or arguments are you planning to use based on your research?
I don't know yet
What type of information are you looking for in your research to help you prepare your defense?
I'm not sure
What are your main concerns or areas of uncertainty regarding your defense strategy?
Im not sure
What specific questions do you have about the court procedures or rules in Tennessee?
I don't have rules
What do you mean by "I don't have rules"? Are you looking for information on court procedures in Tennessee?
In my possession to read over and learn
Would you like me to provide you with a general overview of the court procedures in Tennessee?
Yes
- In Tennessee, court procedures include filing a response to the summons, attending the hearing, and presenting your case.
- Washington County Circuit Court: (*) *-*, * E Main St, Jonesborough, TN *.
Ok
Do you need any specific information about how to file a response to the summons or how to present your case in court?
Yes how do I do that
To file a response to the summons in Tennessee, you need to:

- Write an "Answer" to the complaint
- File it with the court clerk
- Send a copy to the plaintiff's attorney

For presenting your case, gather all relevant evidence and prepare your arguments.
Is there a form I can use to answer
Yes, you can use Form AOC-*, "Answer to Complaint" in Tennessee. You can find it on the Tennessee State Courts website.