chiquita55

do you have a friend that could take your papers to the court house? Maybe you could do them up and then email them to a friend that might help you (or a relative) and go to the court house for you. Employees of the court never help you. They won't tell you a thing. Don't ever expect help from them.

I agree with Colt. You are in a good position. I would not bargain anything. I don't believe they have what it takes to win a lawsuit and I think they know that. Unless you can give them $100 to call it paid in full then I wouldn't even think about settling.

I may have been wrong because I googled defenses and found a great article by a California lawyer that gave a huge listing of defenses. He said to include them all in your answer to the court. Everything and the kitchen sink he said. So I did that. I didn't put them all and I didn't understand many of them but by the end of my case I found that most of them that I used did apply to my case. None of them really mattered in the end because the plaintiff used one of those ccp96's and thats how I won. Sometimes you just have to fight these cases blindly and move along. I had trouble at every turn. the BOP didn't get any action, the arbitration wasn't a go, writing all sorts of briefs and appeals etc etc. Finally things came together tho with alot of help from all the people on this forum.

did someone copy and paste it there or did they pretend they were posting the answer or what? I never heard of that site.

I would file the BR right away and send this lawyer a letter. He will probably dismiss your case since it should wipe out your debt. What are you waiting for? File it and go to the court hearing and tell the judge you filed BR and give him the name of the attorney handing your case. I saw alot of that when I was in court for my case. If you do this right at the beginning then there shouldn't be a debtors exam and people grabbing your bank accts etc.

Software, thats true but why take a chance?? Take your $$ out of reach if you are being sued. Be safe. Once they get the judgement you could lose everthing. Also, it may be illegal to remove funds and move money or assets once they have a judgement. Well you could, but the judge may ask what you did with the money.

I agree with Colt. He is giving you good advice. And do read the article he posted a link to. You don't have to have a particular defense if you just state you don't owe the debt or have no recollection of the debt. Since it is not past the statute of limitations you cannot use that.

I would say that I deny the debt and that the Plaintiff did not provide any proof that you owe this bill. I don't know if the statute of limitations is passed but that is an affirmative defense, that they are trying to get more money than you really owe (be careful with that tho, you don't want to admit owing anything. You can google lawsuit defenses for your state and find alot of them.

This is the 2nd case this week I have seen on here where the creditor filed suit in the wrong state. What is the debtor suppose to do? Do they have to answer thru the mails? If they ignore they will get an automatic win on the other side so what do you do to avoid that?

why would you EVER leave money in your bank for your creditor to take??? You should have removed it he minute they sued you!!!! This is just for any newbee reading here. Nothing you can do now. Should have kept your $$ in your mattress so no one could get it! If you owe more money I would either get a new hidden online account or do business in cash. do not put your money in any bank accts with your name that they can find!!!

Usually the 2nd letter you send they do send you something but they try to pretend they have more that they aren't sending. You can get a pretty good idea what they have after the 2nd letter.

My judge did the same thing. they are wrong but they do it anyway. all you can do is if you lose, appeal the decision and appeal for not allowing arbitration to a higher court. That is what I was going to do if I lost (I didn't tho)... haha I am sorry for you. It is so maddening and frustrating!

good job! I think it was a win. I don't know what they were asking but you got off cheap.. always pays to fight these dudes.

I agree with Seadragon, send the letter and if they don't answer (they never want to answer! nothing new) then file the appropriate papers in court to preclude them from using any info you requested.

I don't know anything about the law in CO but I did sucessfully defend myself against CAP 1 but they did take the case all the way to the eve of trial, literally. So don't expect them to back down on the case easily. I would respond to the case and deny the bill. Especially since you don't owe that amount. Make them account for every penny. Just state in your answer that you have no knowledge about this account or any bill for that amount of money. I looked up defenses on the internet for California and used most of them in my answer to the court. It ended up that several did apply. Also, I tried to do the arbitration but the judge denied it. You should ask for arbitration right away. Send the lawyer a letter requesting arbitration with JAMS. You can even ask that they pay for it and if you are low income JAMS should make them pay. It is very costly for them to go to arbitration and they may back down somewhere down the line. You need to apply for JAMS and pay the fee unless you think you qualify to have them pay. There is another forum where they talk of arbitration heavily but I can't remember the name of it here. Maybe someone else will come along or send you a message. Good luck. I would look into JAMS if I were you.