smb2226 Posted February 3, 2003 Report Share Posted February 3, 2003 Hello and thanks in advance for any help. I was served summons papers last spring for a debt that now goes back just over 6 years. I responded back to the summons with the debt verification letter with some tweaking back to the CA and the court, this I have been told was the wrong thing to do. The CA sent back a letter stating my requests were ridiculous but reserved the right to get this information at a later date. The thing stayed dormant for about 8 mos. I just recently got a letter saying it was Dismassal of Nisi stating that since nothing has happened they were going to put everything on hold, but it said the plaintiff could put in a claim for default judgement. This prompted my call to the court who had filed away my response(Debt verification letter) but did not make a note of it. Then they said they were sending out a letter for it to go to Case Management. What does this mean for me? I have a date I need to show up for but can't afford an attorney, this is for what looks like an original debt of about 1,000 dollars but with interest and phony fees has balooned up to 3,000. The other note is that the original summons came before the SOL had run out for my state, but the SOL has now passed so I was not sure how that worked in this case. Also, I have still never seen any type of verification from the CA on this. What should I do? I am in the process of buying a house and want this to go away as quickly as possible...... Thanks! Link to comment Share on other sites More sharing options...
LadynRed Posted February 3, 2003 Report Share Posted February 3, 2003 If they filed for the lawsuit before the SOL ran out, then they've got you on that one What state are you in ? Link to comment Share on other sites More sharing options...
smb2226 Posted February 3, 2003 Author Report Share Posted February 3, 2003 Thanks for the reply. I am in MA and I had a funny feeling that would be the answer. What should my next step be?? Should I show up and ask for the debt to be verified still?? They had originally sent me back a copy of a bunch of nothing...credit card agreement with the signature of maybe the president of the company or something and that was it. Or should I try and settle? Will I be allowed to settle?? Can I go down this road without an attorney? Ahhh so much I don't know....Thanks! Link to comment Share on other sites More sharing options...
LadynRed Posted February 3, 2003 Report Share Posted February 3, 2003 You still have options. Send the 2nd validation letter that tells them their attempt at validation is insufficient, then quote the Wollman opinion and Spears v. Brennan. This will reiterate your dispute and it also means they have to fully satisfy the validation requirments in court if they don't do so before court.You can still settle if you wish to, just get it in YOUR terms and make sure you include their agreement to delete their entries from your credit report, otherwise it won't be helpful to settle. You will probably be offered a settlement before you go before a judge, so you really want your own terms on paper for that. If you can't agree, then it goes before the judge. Link to comment Share on other sites More sharing options...
smb2226 Posted February 3, 2003 Author Report Share Posted February 3, 2003 Thanks for the advice LadynRed! This second validation letter, is this something I should bring with me to the Case Managment meeting? Or should I send one off independent of that? Also, should I cc' the courts in any and all correspondence I have with the CA from here on out? Thanks for all your help by the way! Link to comment Share on other sites More sharing options...
LadynRed Posted February 4, 2003 Report Share Posted February 4, 2003 Don't cc the courts, they won't care until you get there anyway. You should probably take copies of your letters and the green cards with you to court, that's your proof that you asked for validation and that they received your letters. It establishes a time frame and the fact they havne't responded. Link to comment Share on other sites More sharing options...
smb2226 Posted February 4, 2003 Author Report Share Posted February 4, 2003 Will do thanks for the advice LadynRed! Will let you know how it all turns out.... Link to comment Share on other sites More sharing options...
Capepuffin Posted February 7, 2003 Report Share Posted February 7, 2003 Today I recieved a "Notice of Case Management Conference" in the mail directly from the court. I answered the complaint at the courthouse 2 days ago. Meet in clerks office on April 9, 2003. Here is what it says:Pursuant to Mass.R. Civ.P. and G.L. c. 221, S 62C, counsel for all parties to this action are ORDERED to appear at a case management conference at this court on the above date and time to report on the status of this action.I need help understanding what some of this means, any help?1. AGENDA. The purpose of the case management conference is to determine the trial readiness of the case; offer and conduct early-intervention alternative dispute resolution; establish deadlines for discovery, amendment of pleadings, addition of parties, dispositive motions, and disclosure of expert witnesses; resolve any discovery dispute and address pending motions; reveiw any proposed case management orders submitted by any party; enter case management orders as appropriate; and assign a firm trial date for cases ready for trial or a firm pretrial conference date for all cases not ready for trial.2. OBLIGATION of COUNSEL. Counsel shall be familiar with the facts of the case and shall have authority to settle and to select firm dates for trial or pretrial conference. Clients or persons with settlement authority shall be available for telephone consultation with counsel during the case management conference. Counsel shall serve any proposed case management orders and motions to opposing counsel in advance of the case management conference. Counsel are NOT required to prepare any memorandum for the case management conference.Now, some of you are familiar with my case through other posts. To recap, I was served with a summons on 8/29/02. I answered and I sent a debt validation letter. 4 months past and still no debt validation. In the meantime, CA'S attn. filed case w/docket #, but no trial date. I went to court and verified this. I did lose my job of 6 years due to this CA's harassement at work. They also violated every conceivable section in the FDCPA. So my questions are:What do I do at the case management conference? I know to bring my green cards w/paperwork and spears v. Brennen, Wollman paper and myself! Any help on what else I need to do to prepare?Also, do I bring up all of the FDCPA or FCRA violations then? Will that help or hurt me? Any sugestions?What does this statement mean?'Counsel shall serve any proposed case management orders and motions to opposing counsel in advance of the case management conference.' Thanks in advance for any help that you may have! Link to comment Share on other sites More sharing options...
bingo Posted February 7, 2003 Report Share Posted February 7, 2003 I can't help with the Case Management questions. But, I'd suggest a visit to your lawyer. The time line is a concern. Remember there is a 1 year SOL to file for violations of the FDCPA. Don't let that opportunity slip away. Link to comment Share on other sites More sharing options...
Capepuffin Posted February 7, 2003 Report Share Posted February 7, 2003 Is the 1 year SOL from the date of last contact with the CA? And if it is, can I start with the intial CA contact which was in 2001? They last contacted/Harassed me around March 7, 2002. I know that it is getting really close. And also with the case management conference in April, how do I go about getting this information into my case? Can I just go to the court clerk and ask them to put all of my evidence into my file? Link to comment Share on other sites More sharing options...
bingo Posted February 7, 2003 Report Share Posted February 7, 2003 Wow, this is way too close. I'd suggest you see your lawyer to be sure you don't lose any right to file a lawsuit of your own. Prehaps Swede or Calalawyer or Ladynred can jump in with ideas. Link to comment Share on other sites More sharing options...
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