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  1. I've hired an atty, I am worried. I've been doing all the legal stuff myself for over a year and a half now and I have a court date in march. They are going to have a witness to verify the credit card. My atty advises me that they could inforce the judgement and haul my car away. My car is in my name and is paid off. So he advised me I am not judgement proof. He's recommending bankruptcy, but I don't think I qualify with my car. Should I settle? I lost my job!! I don't have any extra money! I'm in NC....apparently he knows the attorney & they are pi$$ed off. What's your opinion. I wonder if he and the plaintiff atty are friends and this is a scam to get me to file bankruptcy for $1500.00. Be honest with me, what are the chances they will file a writ of execution. The car is the only thing they can take. Thanks in advance.
  2. Yes & they provided the credit card statements. I am thinking of filing some sort of subpoena in regards to this alleged witness. Don't I have a right to know what evidence they supposedly have? Thanks so much for your quick response. I was hoping this would be over today.
  3. In September I agreed to a continuance (I never should have) for a January hearing. They filed a preemptive setting motion for March due to an alleged witness coming from out of state. (???) The judge approved their motion. I am in NC. How is this even possible? I was not given any documentation of the alleged motion. Today I filed a motion to dismiss. The judge told me it is set for March. It seems as though the Judge could care less of any motions that I file. In September they advised their witness would be ready in January. Anyone ever go through this? The judge kept asking me if this was a jury trial and it's not. Why would one file a preemptive order and request a special setting for a disputed credit card? Any thoughts would be appreciated. I am at a loss for words.
  4. Hi all, I'm in NC. The attorney requested an extension for January alleging witnesses and told the judge I would be sent a letter. Today I get a letter indicating that a judge has approved a preemptory order for a tril in MARCH? I've received nothing. Any thoughts? Thanks
  5. Thanks everyone. The judge I believe just ignored my motion to compel. I guess I am just sick and tired of it all! MTD---I am assuming this is a motion to dismiss? Seriously, I am surprised I made it this far, because I honestly have no idea what I am up against. Will Arbitration hurt me? They are also asking for attorney fees and sanctions. Thanks
  6. Hi all, I have agreed to a second continuance and feel like I should have said no. They are claiming that they have witnesses. I have not received a letter yet. Any ideas? Thanks in advance.
  7. There was a hearing apparently I didn't know about, and the $200.00 is apparently court costs since I did not attend. So the order is actually from the judge! I never received a copy of a hearing notice at all! Thanks
  8. Hi all, I'm in NC. I have answered everything in regards to an atty representing bank of america. All of a sudden I get a notice indicating I did not attend a hearing (I didn't know anything about) I have to pay $200.00, and I have to submit myself to a deposition when I have already answered discovery. This has been ordered by the court. what is the worse that can happen if I just don't go to the depo. This isn't fair. They haven't proved I owe the credit card, and I was not notified there was a hearing!! This attorney is playing games. I'm trying to get an atty but no one will call me back. Can I be arrested if I am in contempt of court? Thanks in advance. Any links to any info appreciated.
  9. State: NC I received a request for hearing from plaintiff atty for a motion to compel regarding my answers to discovery Just received it. mailed to me only a week before the date they are requesting the hearing. Aren't I supposed to be given 30 days notice? I'm trying to find the NC rules of Civil procedure regarding this issue. Sent regular mail....aren't I supposed to be served? Does anyone know where I can find it? I have googled with no luck. No contract given at all...answers to my discovery request...was that it was unduly burdensome....and only the statements were sent. Thanks in advance!
  10. Can you be arrested for not attending your depo? It's my understanding unless it's court ordered you can't. Once it's court ordered and you don't attend, they can possibly issue a warrant for your arrest. Credit Card debt? Are you kidding me? I found some info on google but it wasn't really that great. State is NC. Thanks in advance.