Jump to content

question about suit


tired
 Share

Recommended Posts

Needs some clarification if I could....

I noticed another post that is similar to my situation (javagirl78..fuming mad) and was wondering a few things. I am currently being sued (received a summons & complaint) by Cap 1. I answered complaint. I did talk with the paralegal/collection agent who is handeling the case. I know, I know...this is before I knew better. She was very pleasant and I did ask if they would accept some kind of payment arrangements. She said she would contact the client and ask. May take awhile. In the meantime, I have received numerous letters and court papers, to which I have answered in a timely fashion. I did receive 1 letter from their office stating that they could settle this mutually out of court "Call the office". I did. Spoke to the CA/paralegal and she said she was still waiting on the client to contact her about my payment arrangements. Received letters 2 days later stating that they had not received my answer to the "Motion for Pleadings" (something like that ...I don't have the papers in front of me today...sorry) and that if I didn't answer they would be going for a default. I called immediately and asked, knowing I had not received this from them...and sure enough the CA/paralegal said I had not received because they had not sent. Didn't matter anyway becasue they were going to get a judgement. Answering it would just delay. I answered anyway (called the courts).

Long story, sorry....I am wondering why they are having such a hard time calling their client. I think they just want a judgement. Should I contact Cap 1 direct to see if they will settle out of court? Anyone have a good address on these people. I do owe this debt and am willing to pay but would like to pay before a judgement. I have tried to call Cap 1 but no one seems to be able to route me to someone who can help. The ole' pass around the football. Any advice?

P.S. I did ask about this in an earlier post (week ago or so) and someone told me that becasue I admitted there was nothing I could do. So I just stopped asking questions about it. I would really like to settle this before it goes to court.

Link to comment
Share on other sites

I'm certainly not an expert in this, but it sure sounds to me like the "helpful" paralegal is tap dancing her way towards getting a judgement against you. Her tactics to date have been basically to delay giving you answers.

My suggestion would be to stop calling, and be certain to show up in court on the appointed day with all your letters and other documentation in hand. Let the judge decide whether you should settle out of court or not. It would appear that you've tried to play nice, and all they've done is jack you around.

By the way, the fact that you did owe Crap 1 some money does not mean that these people have the right to collect it. Its possible that that Crap 1 isn't actually involved directly, but it instead a lawyer who also does

CA work on the side.

Have you verified with the court that their has even been a suit filed? Are the "court documents" you've received actually from the court, or is it just some legal looking stuff that the lawyer is using to intimidate you.

Link to comment
Share on other sites

Seems I'm learning more and more....

I don't have the papers in front of me but I do remember that it had a case # on it. They seems to be from the county I am in. I don't actually have a court date yet. Is that normal? No where in any papers I have, I scoured them last night, does it have a court date on it. They lady at the Clerk of the Courts takes my answers when I file them. Donesn't there need to be an ongoing cae to file papers with the court? Sorry I am so ignorant of this. :oops:

I do think they are trying to just get a judgement. I have another call from the paralegal to call her back. I did try yesterday and left a message but didn't get a call back. I do keep getting letters from them enclosing papers for a default judgement because I didn't answer something and in fact I have. I asked her once about this and she said "those letters are sent out automatically :shock: "

Is there any way to delay this or fix this?

Thanks for your reply willingtocope.

Link to comment
Share on other sites

Anyone else have any opinions? Learned advice? I did actually log on the my county website and there is a case with that case number and all the filings. So I guess it's a legit suit. I just want to know what I can do to buy some time. I would really like to pay this without a judgement. Of course, I know, they are under no obligation to take payment arrangements. But they just keep putting me off saying "They havn't spoken to the client".

Shouldn't I have a court date by now? Or maybe I screwed that up by answering everything. Why would the law office send me a letter saying that "we can settle this ammicably out of court" if they did not intend to? I called immediately upon receiving that letter. But all I get is "waiting to hear from client". Any help?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.