I apologize in advance for my lack of knowledge about any of this..... Here is a summary of my situation... I live in Arizona,
At the beginning of October, I was served (it was done correctly) for credit card from Merrick Bank the debt was sold to LVNV Funding LLC who is being represented by Guglielmo & Associates in Tuscon, AZ. It is within the SOL time period. I answered within a week and received notice of pretrial conference for October 26th, I was present at the courthouse on the 26th but because of a courthouse error (they posted the wrong courtroom for my pretrial conference) I was told the judge would void the default judgement that the plaintiff's attorney had requested when I was presumed absent. And a new pretrial conference was scheduled, the new order to set began by referencing what had happened on the 26th and I somehow read it as the new pretrial conference being scheduled for 11/26 and I requested the day off work for this day. I discovered yesterday that I had read it wrong and it was on November 16th meaning I missed it. I called the courthouse and explained my situation and was told I could write a letter to the judge explaining my situation and ask for consideration. I quickly wrote up a letter and filed in with the court yesterday and mailed a copy to plaintiff's attorney. I do not have allot of hope that it will be sufficient. When I arrived home yesterday there was a motion for Judgement Pursuant to JCRP 131(a) Justice court for civil procedure 128(c) notice.
"Plaintiff moves the court for a judgement in its favor because Defendant failed to appear for and participate in the court mandated pretrial conference. Pursuant to JCRP 131(a) a party who has failed to appear at a pretrial conference is subject to penalty under Rule 127(d). JCRP 127 (d) gives the court broad discretion in terms of the appropriate sanction. Given the defendant failed to appear, Plaintiff requests that the court order judgement in its favor.
They included a verified statement of costs : Affidavit as to costs Expended or Incurred and an Affidavit of Attorney Fees. It states they are plaintiffs attorney and practice in area of collections, familiar with proceedings, that he and staff allotted time in an attempt to collect this obligation.
They than say "Based upon the above and in addition to the current standard int his locality your affiant believes that it is reasonable to charge a contingency fee in the area of collections for AZ. The attorney fees they are asking for are $300 an hour and a contingent fee of 33% of the gross amount collected has been agreed to be paid by plaintiff, and is within the customary and reasonable fee in the area of collections for the state of Arizona. The case law they reference is Schweiger v China Doll Restaurant 138 Ariz. 183(App) 673 p.2d927 (1983). Tey attached an itemization of services totaling 2.1 hours so just over $600.
I have never received discovery or questions from them I filed discovery on the 26th on the day of the first pretrial conference. The only thing they sent me was a form letter stating they were providing my requested documents which ended up only being account statements for 2 other peoples accounts from the same credit card company living in different states with totally different names. The original summons did not include a copy of th contract or assignment of account/purchase record. It would seem the only thing they might have are copies of monthly statements.
I am confused because they are requesting judgement under 128 (c) 131(a) and 127(d) which it seems like by the rules of the court should be requested under section 129. And $300 an hour for attorney fees seems very high.
I would really appreciate any help with how to move forward, thank you in advance.