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[okie_girl]

I wrote a letter to the attorney/ ca and making payment arrangements, and then had to stop making payment , didn't have any money, was served, about 3 weeks ago,

Have answered the summons, but since I wrote and ask to make payments have I already lost the case, I wrote and ask if we could settle this out of court, and still now word, have a copy of letter, that was sent.

I did answer the summons, have ask for DV which I know won't help me out, but wanting to know if I shot myself in the foot.

there is nothing on my case other than have received my answers online with my court .

been told they just want me to not answer the summons so they can win by default .

thanks ahead of time for the help, have been reading all I can to understand this stuff, didn't find this board until after I was served.

thanks so much

[Robert Nashville/Savannah]

There is nothing wrong with asking for debt validation at any time, even after payments have been made and even after beind sued. It is important, however, to "validate" what actually needs to be validated...for example, you have a right to ensure that the amount they are requsting in the suite can be proven, etc.

If they do not validate, they can/may loose the case in court even if you actually owe the money.

This is also the time to use the discovery process to learn what evidence they plan to use against you in court.

Keep in mind, even if you owe the debt; they still have the obligation to prove it in court before they can win unless you choose to do nothing and they loose by default.

Being sued is not the end of the world and the chances are that even if they win, they are still going to have to work out some sort of payment arrangement with you in the end (unless you have lot's of assets lying around which would seem doubtful).