lastlance85

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About lastlance85

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  1. Let me clarify a little bit... I'm well aware that I would lose at trial. The case is open and shut, if I request a contact they'll produce it, and you're absolutely right, it's a question of how much. I did try to settle, I was polite, I didn't know that the call would disintegrate as quickly as it did. I had every intention of settling the matter that day. The lawyer was literally screaming into the phone. I told the secretary during the conference call how incredibly unprofessional this was. The problem is I need time. If I had the money to pay the credit union today, I would drive over and make the payment. The stress from this isn't worth it. I was followed out of my driveway by a skiptracer yesterday until I lost the SOB in traffic. I can't give the car back. It's my only car. I'll have the money in three weeks, this can be taken care of well before the trial date. I don't want a judgment filed, on the docket or on my credit. I have some pride left. Given my position, needing just a bit more time, how would one respond to the Motion for Judgment?
  2. Hello all, I had a telephone status call two days ago pertaining to a lawsuit filed against me by a credit union for a delinquent auto title loan. Long story short, went delinquent in December, sued in July, sent a blanket denial to the court in response. I'm in Ohio. The judge assigned to the case was out sick, so her secretary handled the call. I spoke to the secretary beforehand and she said we would simply attempt to come to a settlement, and if not, schedule a trial. The call did not go well. The lawyer for the credit union said that they had not received a payment from me since December, to which I said that was "correct," my first mistake. I then said I wanted to settle, offered both a reduced lump sum, and also to make payments. The lawyer stated only "You need to pay $32xx.xx plus interest if you want this to go away," and I responded that I did not owe the credit union that amount of money. To date, the credit union has not provided a contract or record of payments made. The lawyer stated that I "obviously wasn't willing to work this out" and asked the secretary for a trial in early October, I stated that I would need time to get an attorney, the secretary wound up scheduling a trial for early November. He then demanded to know what I would be doing with the car between now and the trial. I told him that I didn't need to answer that, to which he responded "Oh, I think you do" and I told him again, that I would not answer him. He was rude, belligerent, claimed that I was hiding the automobile (it is in my garage and is viewable through windows), and said that he "wished the judge was here so she could tell me a few things." Today, I got a copy of a Motion for Summary Judgment from the lawyer, stating that I admitted the allegations in the Complaint during the telephone status call. I suppose that I screwed myself over -- though at no point did I ever admit to the amount the lawyer is asking for. Now, the court sent a summary of the telephone status call and under "admissions, changes to fact, offers, pleadings, etc." NOTHING is listed. The only thing listed is the trial date in November. I'm calling legal aid on Monday. What are my options for opposing the motion for judgment? I have to delay this case as long as possible so I can acquire the money to take care of this. I'm tempted to let the credit union reposess the car since it is in such a depreciated condition, but I assume they'll just hit me with the $1,000 cost for the bond of execution. I have no attachable wages, so they can sit on that judgment until hell freezes over, but I really don't want to go that route. I wanted to settle with payments (as I have seen done over and over again in other cases), but I guess that option is done now. Feeling pretty stupid today, lastlance85
  3. I have to make a telephone status call pertaining to my case (delinquent auto title loan). I made a blanket denial of the charges against me. I need to have my trial calendar available -- is that just a scheduling of trial? I'm prepared for settlement if that's what we are going to discuss, the trial calendar is the only thing I'm unsure on. The call is in 2 hours, I'm panicking a bit. Thanks.
  4. Even if no one wants to digest the bulk of the story -- can anyone let me know a brief rundown on a telephone status call, what to expect? I'm short on time.
  5. I have a telephone status call tomorrow in regards to a lawsuit filed against me over a delinquent auto title loan. I've made a couple other posts about this issue on this forum and so far everyone's advice has been great -- thanks so much! Long story short, took out an auto title loan in 05/11, stopped paying 01/12, was sued 07/12. I am still in posession of the vehicle, and the OC (credit union) continues to try to collect the vehicle by employing a skip tracer. I'm in Ohio. Got the complaint, which was simply one paragraph saying that I owed the balance plus interest, with a loan disclosure agreement and voided title attached as Exhibit A and not much else. No contract or detailing of payments made, etc. I sent back a straight denial to the court on 8/27. This is my first involvement in any kind of court case. My telephone status call is scheduled for tomorrow afternoon. Here is what the court's rules say about pretrial conferences: After a case has been assigned to a Judge, the Judge will then set a pretrial conference. The pretrial conference is to review the possibility of settlement, determine the status of discovery, consider the resolution of some issues and, as necessary, to fix a trial date. Further pretrial conferences shall be scheduled as necessary within sixty (60) days, if the case is not resolved or set for trial. Beyond that, I don't know what to expect. I have no legal representation. I'm assuming that this is what the telephone status call is -- the court's website makes no reference to a status call. The letter I received also states that I need to have a trial calendar ready. I'm a bit unsure on the terminology -- I'm assuming they want my plan as to how I'm going to proceed at trial? I have been delaying this issue as long as possible. I am open to settlement. Given that the credit union holds the title, I'm not sure what leeway I have. The amount owed is approximately $3,000.00. The car is in a depreciated condition. It is not worth nearly that amount. I have no attachable wages. Cost according to the court website is $750.00 for a bond of execution for the sheriff to come get it, and then an additional $300.00 appraisers fee. They very well may not recoup that at auction. It is my only vehicle and it will be devastating to me if it were reposessed. I am coming into some money in about three weeks. I could pay it outright to get the title back at that point (though it would destroy my finances). I've mulled over the idea of offering a lower amount to settle, maybe $1,500 or $2,000. Again, with them holding the title, I don't know how receptive they would be to that idea. Ideally I would like to resume payments, perhaps with a large down payment, but only if the credit union agrees to terminate efforts to seize the vehicle. Another issue, and again I'm unsure of whether or not this is admissable, is the abusive tactics of the skip tracer hired by the credit union. He has been verbally abusive with my sister, called her after 9:00 PM repeatedly after being told to stop. He has called virtually all of my family members and neighbors, saying that I am under "bank investigation." He has called every place of employment I have had in the past few years. I don't want to go into tomorrow's call looking weak, I want to raise this -- but I don't want to look like an amateur either. Sorry for the long-winded post, any advice is greatly appreciated.
  6. OK, I'll do that tomorrow. Here is the original complaint: Defendant owes Plaintiff $32xx.xx according to the account hereto annexed as Exhibit A. WHEREFORE, Plaintiff demands judgement against the Defendant in the sum of $32xx.xx interest at the rate of 14.80% from May 16, 2012, and costs. Very short and sweet. Exhibit A consisted only of a loan disclosure agreement and a bank statement printout. No contract. No payment history. And here is what I have for an answer thus far: COMES NOW the Defendant, lastlance85, in answering the allegations of the Complaint on file herein, affirms, denies and alleges as follows: 1. Defendant denies the allegations contained in Paragraph 1 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of the allegations. Should I add anything else? I don't want to perjure myself. I'm going to have the money in the next 14-30 days to reach a settlement/pay these guys off, I just need a little more time. My answer seems so short, but there again all I need is a little bit of time.
  7. I've been sued by a credit union for a delinquent car loan. I'm in Ohio. I picked up the summons 07/30 at the post office. I have 28 days, exclusive of the date of service to respond by serving the plaintiff's attorney -- then three days thereafter to file with the court. That leaves me with having to have my answer in TOMORROW 8/27. Being that it's 9:30 PM the day before my 28 day window expires, how am I going to get this to them on time? Is it okay to mail out (certified) the answer to the attorney tomorrow and also file my response with the court in person? Obviously the mail won't get there that fast. I'm sorry in advance if I'm being dense but I'm panicking, I'm quite financially strapped and everything is hectic right now. Could I overnight it (say, via FedEx) or could I deliver the response to the lawyer myself? (he's local) It's municipal small claims court if it helps. Thanks so much.
  8. Well, yeah, it's secured debt... I'm well aware that the case won't be dismissed because the complaint is weak, but I have to answer. Would you reccommend instead a blanket denial, just dropping the affirmative defense? I have to answer to avoid judgement, and to buy time to gather cash to start negotiating. If I send a letter to the lawyer offering to negotiate, do I have to also send it to the court? Sorry to be asking such simple questions, I've never been sued before. This has gone from simple debt validation to summons quickly. I still don't feel that this lawyer properly validated the debt, I essentially got a summons in reply to my request for validation. If the FDCPA applied to OCs in Ohio like it does in California, I'd have thousands by now. The most important thing I need is for the attempts to collect the vehicle to stop -- it is seriously hampering my ability to get around normally and the stress is unbelievable.
  9. I picked up the summons at the post office. Here's how it reads exactly: ***** Defendant owes Plaintiff $32xx.xx according to the account hereto annexed as Exhibit A. WHEREFORE, Plaintiff demands judgement against the Defendant in the sum of $32xx.xx interest at the rate of 14.80% from May 16, 2012, and costs. ***** Exhibit A consists consists of a loan disclosure agreement and an internal loan inquiry printout from the bank. The original contract was NOT included in the exhibit. Neither is any payment history included. All in all, I was expecting much more. Is this a failure to state a claim? Here's what I have so far as an answer: ***** <blank> Credit Union vs. lastlance85 COMES NOW the Defendant, lastlance85, in answering the allegations of the Complaint: The allegation in Paragraph 1 is DENIED. FURTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted. The Defendant now brings forth the following Affirmative Defenses: Defense 1 -- Failure to State a Claim: a. Defendant answering the Complaint herein, alleges that all allegations and counts brought forth therein fails to state a claim for which relief can be granted. WHEREFORE, the defendant asks the Court for judgment: a. dismissing the complaint herein with prejudice. ***** What do you think? Is that sufficient? Is there anything else I should include? Now, I realize I'm going to have to negotiate with these guys. What's the best way to go about that? Over the phone? Via mail? With the credit union or with the lawyer? Do you think they would be agreeable to take a lesser amount (say $2,000) if I show that I'm willing to at least try to fight them? Thanks so much for the advice thus far!
  10. I have no problem with negotiating a payment plan. Thing is, they already have a lawyer involved, what is to stop them from getting a judicial order to take the car, and pressing on with the suit to acquire the remainder of the balance? Issue of primary importance is that summons right now... should I pick it up at the post office before Monday?
  11. Greetings all, I've been sued by a local credit union for a delinquent auto title loan (NOT a regular auto financing, but a title loan taken out on a vehicle I owned outright). I am in Ohio. They are the original creditor. Amount is approximately $3,000. The last loan installment paid was 12/11. I got a dunning letter from a lawyer in June, I waited until the day 28 or 29 or so of my 30 day period to send a letter certified with return receipt to him saying that I both disputed and demanded validation of the debt. I got a copy of the original contract, loan application, and a voided copy of the car's title the very next day. Three days later, I scanned the online court docket for my area and saw that the credit union had filed suit against me, with the above mentioned lawyer representing. I happened to catch the complaint the exact day it was filed (07/13). The case is listed as being in municipal court (not county) and the case is listed as "Contract" on the website. I have not been served, I've only gotten notices in the mail from the post office that I have a certified letter waiting. It goes back to the court on 07/30 if I don't pick it up. I have no idea where to go at this point. The credit union is being extremely aggressive -- they have sent a repo man to my door three times (I didn't answer). A private investigator/skip tracer is calling me over and over again. He has also called my sister, uncle, my aunt's parents (who I am not even related to), former places of employment, and probably more that I am not aware of. He says only that he has been "hired to find lastlance85." He called my sister late at night (no idea how he got her cell number) and demanded to know where I was; she told him not to call her again and he proceeded to immediately call her back three times, saying that she "would not have a mature conversation with him" and that she was "obviously just like the rest of the family." I am still in posession of the vehicle. There is literally nothing else for the court to attach -- no wages, property, anything... except of course the vehicle which is always locked in a garage if not in use. The vehicle is NOT worth $3,000 at auction, it is in a depreciated state. I was originally looking into FDCPA violations, but alas, this is the original creditor -- I'm stumped as to how to proceed. Should I go pick up the summons? If so, where am I going at that point? Negotiate? Do I have a leg to stand on when it comes to the abusive tactics of the skip tracer? Need some guidance.