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Everything posted by DefendantNewb

  1. It's a well known junk debt buyer, and they've hired an attorney in my area that seems to handle these types of cases on the regular- ie they don't advertise as a lawfirm available to the public, so I'm assuming they just feed off of these debts. I don't trust them enough to enter into a consent judgement. If I contact the attorney now, they'll just use it against me. If I agree to enter into an installment agreement, they'll get the judgement anyway. At this point I think the best course of action is to file my Answer and wait and see. Would it be wise to file discovery with my Answer? It could backfire if they are able to obtain the contract or the transactions. I'll just end up with insane court fees tacked on in the end.
  2. I have some questions pertaining to my case, if anyone would like to throw in their two cents. Upon executing an unsuccessful search, I've determined they're somewhat legit for a fresh post! This first question is awful, but I'm confused as to how you can you tell which court the Plaintiff has filed suit in. On my summons it states 'Judicial District' 'Judicial Circuit' and 'County Probate' in the top left hand corner. The case number has a reference to a 'GC1.' The judgement request did not exceed $3,000.00, which is the limit for small claims, however with the attorney fees etc. they've asked for I'm sure it exceeds that mark. If I call the clerk's office will they be able to relay that information to me over the phone? On a more serious note, pertaining to consent judgements, I'm wondering if I should request one; and if so, how would one go about doing that without throwing oneself into the fire? lol I'd just assume enter into a monthly installment agreement and pay the entire amount they've requested, (providing that the debt is valid) however I'm aware that agreeing to a consent judgement doesn't automatically grant you an installment agreement that you can afford- but conversely, can lead to bank levies and a refusal on the part of the Plaintiff to enter into any such agreement if they win anyway. If I file a request for a consent judgement with the Courts, stating a monthly amount I can afford, would this work or is it laughable? I'm sure every case is unique. If the consent judgement idea's out at this point until further into litigation, I will file my Answer, Affidavit, and Discovery tomorrow. I'm nervous! Wish me luck
  3. That's decent news! At least she (or you) have time to do research on the subject and prepare accordingly, whether by arming yourself with information or a settlement.
  4. Yes you've already filed your motion to strike, which means you've denied owing said debt. I don't know if that would constitute perjury unless you stated in your strike that you (without a doubt) did not owe the original issuer.. I guess it depends on the details of your motion. I'd do what 1stStep suggested and file for discovery, they've not provided you with any proof thus far of the alleged obligation so keep them on their toes. That being said, a consent judgement sounds fairly appealing to me right about now. I've yet to file my Answer, Affidavit, and Discovery. I just don't want additional interest and fees tacked on if they win in the end :\
  5. Was anything mentioned on this subject? How would one go about a sworn denial of an affidavit? What would that documentation look like? Thank you!!
  6. Amazing post!! How would one know if the defenses you used in your response to the summons and complaint are valid in their state? ie is someone from Michigan capable of simply presenting defenses under their responses to the counts brought against them? Fabulous info:)
  7. YES Student loans are fair game for bank levies. I had my student loan deferred to avoid this. I believe they can simply levy your account if you're past due, without notice of 'intent to levy.' Call and make arrangements to have your loan deferred if you're having major financial problems and get back to it later. They will work with you.