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please HELP!!pretrial NEXT WEEK..I WANT TO GIVE UP


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I have posted LOTS on here and get lots of good feedback..well I have pretrial nextthurs here in municipal court by PORTFOILIO RECOVERY 9assignee of MBNA)

the total is 2008 by CC from 1999...I am in OHIO

I answered back and counterclaimed but from words on here, I have no shot...I have no attorney..cant afford one (I AM a SAHM w no money)....I feel like not even going..I am afraid they will tear me apart....I know I will lose by default....

if that happens...they cant come after my husband wages or IRS refund correct>???? this debt was from before we where married....

I am thinking a lien would go on our house??? the loan is all in my DHs name (but I believe I am on the deed too since we are married)...can I change that so they cant do that???? I am just scared and not sure what to do......if I go to the pretrial to I have to talk a lot???LOL as dumb as that sounds.....is there a chance they wont show up??? YEA right, right??? any input would be so great!!!

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Someone much more learned can offer a lot more help....

But my advice is that you should definately show up in court. Even if they win, you have shown good faith and presented your case. Some kind of re-payment plan from the courts would be better than a default judgement. Maybe I'm wrong but I think you should show up and present your case.

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Just go to the trail. They will win the judgement but if you have nothing, then all they have is a worthless judgement. If you work, then they can garnish your pay checks and that is a whole other kind of hell. So defenantly go and take your bills with you to show the Judge how much you make and where it goes. If any of your income is derived from disablity income, then you need to prove that.

Good luck.

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Just show up in court. The most likely outcome is a summary judgment then interest at 7% per annum. Not a big deal really. Yes, they probably will lien your property, then eventually go after wages and/or bank accounts, however the deductions will be modest over a long period of time. In one sense if this is the most pressing thing in your life, you're lucky!

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thanks you make me feel better......my name is NOT on any of the checkins/savings account..it is all under my husband. so legally they can not mess w any of this right, sinc eit is separate proprty state?

yes it is small claims court......and my notice from judge says PRETRIAL...if I go what do I bring? will it be short and wuick and to the point LOL???? I am so scared...I realyl dont want to go and face the music....but it is just 5 mintues away from..

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Be careful in small claims. The pretrial in small claims is usually a pretrial mediation meeting. The mediator knows nothing about the law and many of them take the attitude that you should just pay your bills, not caring about the law.

The good thing is that they can't make any rulings, all they can do is send it to the small claims "judge"- who usually isn't a judge either. They are usually appointed court officers that are simply lawyers hired to deal with the "minor" cases of small claims.

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  • 1 month later...

I ended up going to that pretrial and they hired an attorney here in my town to help represent them so they would not have to dribe so far away...anyhow this attorney did not know much about the case..just briefly.so when we got to pretrial the judge was very nice and let us Talk in a room...the attorney offered a settlement of like 1000 dollars..I said NO....he kept saying I didnt have a good chance, etc....but then the judge came in and said to me, "I may not owe them anything"/....I agreed...the judge said he was not trying to tell me what to do, but I may have agood case here..and he recommeded a attorney because he said alot of people have good cases but then represent themselves and shoot themselves in the foot because not doing the procedures correctly...having said that he looked briefly at my counter claims, and said "interesting"...and he sdaid he would rule on both sides and I shall here something...still have not heard from the judge. but now I got a letter from this attorney saying THEY WANT A JOINT DIMISSAL....he wants me to sign this dismissel that says THEY WILL DROP IF I WILL DROP. also says :

I have been authorized by the plainitff in the action against you on the credit card to offer a mutual dismissal of the claims. What this means is that the bank will dismiss their claim against you in exchange for your dismissal of the claim against them. These dismissals would be with prejudice which means that neither you nor the bank could choose to file an action concerning this matter against the other in the future.

my question is this: are they doing this because they do not want to spend more money on this case??? or because I have something here????

also if I do DO THIS, can they sell it to someone else and later I get sued again by someone else????

any input would be great!!!

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Wow! Looks like you lucked out! I would take this offer and run, but I would stipulate that they will have to remove all entries from your credit reports and that the account will not be sold, assigned or transferred.

And to think you almost gave up and not show up at court. Glad to hear the judge wasn't mean afterall the rumors.

We go to trial next week. Fingers crossed!

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TAKE IT, but listen- you need to put in language like this-

you want:

- joint dismissal with prejudice

- statement that the Plaintiff is fully empowered to enter into the agreement and that it is binding on all parties

- that the Plaintiff agrees to notify all CRA's to delete the entry on your report

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You want them to state that they are cancelling any alleged debt as well. No re-assigning, no selling to someone else, no more collection attempts, no more credit reporting.

Instead of writing your own proposal, just call the opposing counsel and have them type up a new settlement agreement with your extra stipulations. Always better to have the other side make the agreement.

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  • 1 month later...

now question: can they get me for CANCELLATION OF DEBT FOR THIS??? will I have to report this on my income taxes next yr???

also:

it says we will each have to pay our own court costs to date: approx how much will that be?? 100's or less?? it is small claims...thanks

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now question: can they get me for CANCELLATION OF DEBT FOR THIS??? will I have to report this on my income taxes next yr???

also:

Stipulate that no 1099-c will be issued on the debt. Yes, get that in writing.

it says we will each have to pay our own court costs to date: approx how much will that be?? 100's or less?? it is small claims...thanks

I doubt you've had any real court costs other than whatever your fee was to file an answer. It should be negligible.

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