inurdreams

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About inurdreams

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  1. Thank you Harry & Clydesmom. I thought I was missing something because it's just the 3 sentences, and the underlying panic isn't helping the overthinking. I understand, just need to put it in as brief and professional way as possible. Does this sound acceptable: I am submitting this Request for Continuance as the defendant in the small claims case named above. The Court has issued a hearing date of September 5, 2018 at 8:00 a.m.. Due to a family emergency, I am requesting a continuance until after September 24, 2018, when it is reasonable a course of action in response to the emergency has been determined. Too wordy? Do I put anything in there about a missing/endangered/at-risk child? Do I attach the letter from the FBI and the caseworker, or only present it if the judge ask for more information? I don't want to sound evasive or like it's not to some extent credible. I scheduled a call with the attorney for 1:00 today, short and sweet. If they don't agree to a continuance, it's likely the judge will be annoyed if it goes in front of him.
  2. Plaintiff is Citibank/Sears. I've been searching the forums and I know this has been answered but I need to file a motion for continuance tomorrow (today since it's 2:00 am). Initial hearing was 8/15, trial set for 9/5. My at-risk daughter was moved to a new facility on 8/15 so only my husband went to court. On 8/22 she ran and between social services, police, FBI trafficking task force and NCMEC, etc. I haven't done anything else - I spent 5 hours with the FBI today alone. I have to contact the plaintiff attorney and then I have to file the motion, correct? I believe in Jefferson County it's the generic form JDF 76 Motion to _____ and submit it with a blank JDF 77 Order. I don't know what to say to the attorney and put in the motion. How do I word the motion if attorney agrees/if they don't agree? If they don't grant the continuance then I'll figure out what to do next, but doing something is easier than undoing it. I apologize, this sounds so whiny... it's hard to change from one hellacious event to another and I just need some wording... and sleep. : / I've fought social services in court, obtained guardianship of my grandson when my daughter died, defended my handicapped sister in a section 8 eviction (with POA). I can do this.
  3. Recovering Attorney, Sky Warner & Xanathos , Thanks so much for your responses! I now know that it's a scare tactic and thank you for reminding me these businesses are out to make a buck off unsuspecting people. I have my homework cut out for me this weekend, I'll be reading a lot here on the forum, but at least some of the pressure is off. I also remembered from the last time that the bank has to be notified and if they try to grab her money, I can use them to stop it. The 'bad check law' in Colorado allows a 15 day deadline from the date the letter is mailed from the CA, and then it's for the amount of the check, the return fee amount ($20 in this case) to the business, and $20 to the collection agency. Quote from the web page - "The collection agency must receive your payment of the total amount due no later than 15 days from the date the collection agency mailed you its collection notice (not from the date you received the letter). If you miss the 15 day deadline, the collection agency may sue you in court for 3 times the check amount plus attorneys fees and court costs. This usually adds at least $200 to the debt." The CA is MJ Hecker aka Legacy Asset Management Co. Yes, I have a phone to record conversations and will remember to use it. So, per the above info from the web page and that I know they have not yet started court proceedings, if we mail them the $15 and $40, we have attempted to make good. If they refuse it, and they know she has SSI and they decide to go to court, at least they do so knowing the chances of taking advantage are limited because she has someone helping her this time! My sister has tried numerous times to make good on this, and they have tried numerous times to extort money from her. I'm sure because a CA got away with it 2 years ago, they view her as a 'mark'. She is gullible and easily intimidated and it's not real hard to figure that out after talking to her for 60 seconds or so. OK, now I'm getting mad! I'm going to give it time like Recovering Attorney suggested, read the FDCPA and watch for a misstep and make sure it is well documented. They're smarmy people and we may not get dollars out of this (it would be nice if we do!), but there may be some measure of satisfaction. Thank you all again for responding... I guess I was in "flight " mode of "fight or flight", but not anymore! Seems I'm always being reactive where my little sister is concerned, but this is now a 'proactive' situation! (and sorry for the delay responding, but when I wrote it last night I waited too long to hit the submit button and it erased my reply, so I had to rewrite it this morning!)
  4. My sister wrote an NSF check in December and tried to pay it off in February, but they told her it had already gone to a collection agency. In March, the CA called and asked for $400, in April asked for $250 and today asked for $200. My sister is on SSI and can't pay that amount. Due to her physical and cognitive disabilities, she asked the CA to talk to me. I explained that she is disabled and lives on SSI, and then asked for his address. He refused to give me his address and stated that they are no longer discussing the matter and that it is in the process of going to court. I asked again for his address, and again, he refused and said the only way he would give me their address is if my sister was going to hand deliver the $200 to his office. I smelled a trap, like if I said that might be possible it could be used to validate the debt or be termed a 'verbal agreement'. I declined. (In the opening message of this CA, they state all conversations could be/might be used in collection of a debt and are recorded.) Two years ago, a CA garnished my sister's SSI check and they lied to do it, and were assisted in the assault by a wacko judge. We knew nothing about SSI funds and garnishment, only the nightmare it created. We did learn a legal term - "garnishment proof", but I'm not sure how to 'utilize' that. How can we protect her SSI while paying them off? Can we write a letter to the corporation explaining the situation and send them the $15 (amount of the NSF) and a $25 check fee and send $5 a month to the CA? Although it would be a financial hardship for her should she change her SSI direct deposit to a different bank (in essence, the account she wrote the NSF check on would remain at zero) and begin sending them $5 (10% of her monthly income)? Or should we let it go to court and hope the judge isn't another wacko and maybe will let her pay it off over the next 8+ years? What can we/should we do? They are threatening that if they don't have the money by Monday they will proceed to court and she will lose. Any assistance is greatly appreciated.