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Everything posted by DefendantNewb

  1. My point is, I can be pursued for this account after this whole situation blows over even if I win.. which I probably will. Unless they can come up with new "evidence." I just don't feel like having this haunt me again, that's all. I just wish I had settled with the original issuer.. this CA paid so little for this debt and they're going to make a huge profit. What should I offer them? What percentage, etc
  2. My understanding is that once a CA loses in court, they'll sell the debt and you'll once again be pursued by a new JDB. Do you know where I can find an example of a Motion to Preclude? I'm not sure how to properly format it and what laws to cite
  3. You have rights, and you also have a responsibility to understand those rights at the time of conflict, i.e., back when you didn't move on the fact that you were never served a Summons and Complaint, etc. It sounds like you either didn't take the situation seriously enough five years ago, or that the "attorney" you spoke to didn't want to help you because you weren't paying them, or they weren't familiar with collection suits. Either way, unfortunately you didn't do your reserach back then and now it's coming back to haunt you. At this point you're probably not going to get the judgement vacated. Because they have the judgement and they've already submitted the levy, you're probably out of luck. I believe it varies from state to state, but your bank is currently holding the funds for a period of time before releasing them, it could be 20 days or less. You may be able to sue the original Plaintiff for failing to serve you, if they did so fraudulently. But more than likely they posted the suit in the paper or in some other public place and completely skipped over physical service if they couldn't locate you.
  4. It all depends on the agency. But if there's an outstanding judgement floating around out there against you, you need to work with cash only. Request a paper check from your workplace, cash it at a check-cashing outlet, and never leave a paper trail. Never keep a large sum of cash in your home and leave all of your valuables with friends. I've heard horror stories of people's computers, jewelry, and anything of value being seized by 5-0's without notice. Of course that's with the most aggressive agencies- more than likely they'll drag you into court to get ahold of a percentage of your wages, or to get your banking information. It can't hurt to contact them and attempt to setup a payment plan.
  5. Do not agree to a consent judgement unless you know you're going to lose. If the Plaintiff has hard evidence, ie transactions, a legit bill of sale, your signature, etc. and you've not the knowledge or will to fight tooth and nail in court, I would suggest contacting the Plaintiff- (without admitting to the debt, of course) and ask them to draft a consent judgement that allows you to pay in monthly installments. Most junk debt lawyers (you'll hardly ever speak with them, more than likely you'll talk to a paralegal in their crappy little office) will be more than happy to do so if you offer to pay a decent amount every month on the debt. Just make sure you NEVER admit to the debt, refer to it as "the alleged account," and "I want to settle this and avoid a costly or lengthy court battle."
  6. There are two options here if you think you're going to lose: 1. You can request a consent judgement which allows you to pay in installments, or: 2. You can request installment payments on your judgement after you lose. You'll have to file it like you did your Answer, and it will cost you- (the fee for a motion for installment payments is around $20, typically). Go to your court's website and pull up the forms for Small Claims or General Civil, (whichever applies) and you should be able to download the form. It has you fill out your place of work, average pay, etc. and then it asks you to fill in the monthly payment amount you're offering. Make sure you can afford to pay it, and don't default on said payment, ever. Do not offer to pay $50 a month on a judgement larger than $1,000. They'll laugh and toss it out. Make sure you offer a reasonable amount. It's up to the judge, but the Plaintiff can fight it once a decision has been made, or even beforehand. Make sure you serve both parties, always. Be aware that it's quite simple for the plaintiff to levy your bank account when armed with a judgement. Once they've got their juicy little judgement, they simply send out sweeping letters to all the banks in the area surrounding your home and poof, they land your account and the entire thing is wiped out. Up to the amount they won, of course, but most likely you have very little in there to begin with if you couldn't afford to settle.
  7. That is horrible! If you were never properly served or notified of the suit, or the original collection agency's junk lawyer purposfully dodged notifying you, you're in a position to fight this. You need to put your thinking cap on and start doing some research. Had you moved around during that time period? Who was the original lawyer, etc. ?
  8. I also felt it! Same thing happened last year.. epicenter in Canada
  9. My judge is apparently a meanie as well, good luck
  10. Thanks to this site, I didn't end up with a Default Judgement- which I'm eternally grateful for! I felt wonderfully empowered when the CA called after I filed my Answer and wanted to "discuss" the account, and after they also "apologized" for the vague nature of their Complaint. However, I'm getting cold feet when it comes to dragging my rear end into court. I got my court date, all right. Call me a wimp, but I'm no lawyer. I don't want to stroll in there thinking I've got every clever rebuttal I'll need under my belt only to be left stammering after some confusing entity is thrown my way. The CA is showing up on my credit report, and they've produced "statements" and a bogus bill of sale. The statements list zero transactions, just interest charges and fees. The bill of sale makes absolutely no reference to my account, my name, or anything of the like. I'm going to type up a motion to strike the statements and bill of sale, but I'm not sure if that's the proper way to go about disputing their "evidence." I'd love some help there. I have a few more questions if anyone would like to take a stab at them. First, how do you deal with settlements before your pretrial hearing? Should I wait until the day of the trial and attempt to settle with them then? Or will that backfire? Should I write them a letter offering a settlement of 50% of what they're asking for? Is it useless? Maybe they'll present my settlement offer on the day of the hearing and use it as "evidence" that I owe the entire debt. I hope they call and attempt to settle before the hearing, but I'm doubtful. This debt isn't going away, it's fresh off the charge-off notes from the OC. Whether they drop suit or not, I want to settle it so I don't get sued again, as I highly doubt my case will be dismissed with prejudice. I'd love some suggestions/warnings from anyone who has experience with this. Thank you!
  11. What a joke. They had better get used to it, this country's not about to improve economically. Maybe instead of whining, they should do their JOBS and be patient with clueless consumers who are dealing with hardships. How dare the overpaid, arrogant judges to be burdened with such a reality. Even if I was doing well financially, I wouldn't pay for council for a collection suit that was "for" less than what I'd end up paying said council. Should the council suck, I'd be stuck paying double what I would have paid had I represented myself. Sometimes it's just not worth hiring a lawyer.
  12. What you received is not formatted the way my Summons and Complaints were, so I'm having a difficult time figuring out how you should answer. It doesn't look like they even filed a Complaint? Maybe you can demand one. You do need to file either a counter-Affidavit or a Motion to Strike the Affidavit they filed. Look at the Affidavit they filed, notice the way it's formatted. You will need to copy this format and in your own words, deny each and every allegation they bring forth. Make sure you include the total dollar amount in your denial. Title your response either MOTION TO STRIKE AFFIDAVIT FILED BY PLAINTIFF or COUNTER-AFFIDAVIT. Make sure at the top of each document (not page) you list all of the information that appears on the pink piece of paper. For example, at the top, STATE OF TENNESSEE, under that, "In the ____ Judicial District Court" (Or whatever it says the court name is); under that, list the case number and clearly state that it is the case number. Under that list the judge, "Honorable Judge ____ ____" Then under that list ALL of the details of the Plaintiff: their name(s), address, phone number(s), and their bar numbers. Basically everything they listed. Under that, list your details, in the exact same manner, and after your name, write Pro se. Pro se means you're appearing for yourself, or you're representing yourself. The body of your Motion or Counter should include each listed paragraph. For example, if they listed paragraphs 1. - 5., you need to list paragraphs 1. - 5. Make sure you address each allegation they bring forth in said paragraphs. The way in which you word these denials is very important. If you want to use a Hearsay defense, you'll need to address the person who made the Affidavit and clearly state that "______ _____" is a third party to the account and therefore whatever ___ ___ says is by definition HEARSAY."
  13. I don't think it could hurt, filing a S of C. It'll just cost me
  14. COUNTER-AFFIDAVIT Make sure you title it like so, and include a Certificate of Service with it. You cannot file your Counter-Aff with your Answer, they're separate documents so each needs a C of S. *Correction, you can file them at the same TIME, just not in the same pile ie paperclip or binder clip. You shouldn't be stapling anything.
  15. I'm unable to download the PDF's my computer just pauses for a moment.. almost as if it were experiencing a brown-out lol Viruses??
  16. You've got more than enough already for an Answer. Just make sure you're not committing perjury in your fierce attempts at countering the Complaint. Great work
  17. My denials were so generic. What are some arguments that the Plaintiff can use when filing for a summary judgement because of my answers? "Defendant's answers are lacking" lol in far more eloquent (or crass maybe) terms. How do I respond to that? I know they're going to file for summary in their favor, due to the fact that I didn't meet them with enough legal citations, rules, examples of cases, etc. Unless the judge orders Discovery. I have every right to be furnished with proof, so I don't think the judge will simply rule against me for lacking legal-citation savvy. But I could be wrong. I could have a summary judgement against me for failing to answer the way you did in the example above.
  18. This was an excellent post, I only wish I had found it before I filed.
  19. See my posts, I filed for free and basically copied their Affidavit and cited why I denied their claims.
  20. You need to remove the numbers you've listed in your post that might help identify you, never include anything that would compromise you on here.
  21. Everyone's "case" is unique. Some people are able to get their Complaints thrown out on technicalities, while others have to fight to the death. When was the debt charged off and when did you make your last payment on said debt? The statute of limitations may have expired. Meaning, they may not be legally able to sue you for this debt because too much time has passed- they can always collect, but there's a window of time in which they can sue. What are the allegations brought forth in the Complaint? List them out for everyone so they can take a stab at making a few suggestions. Start reading this forum. You need to dedicate some time to this so you don't end up making avoidable mistakes and end up with a summary or default judgement against you. I'm no expert, and I'm still learning myself, but I will say that after reading this forum I feel far more prepared to face litigation.