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court in the morning, what can I expect?? PRETRIAL


marisakay
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hi all, you have all given ,e lots of good advice over the yrs...well tomorrow is my big pretrial here in LIMA at small claims court. Judge Lauber is the judge..anyhow what can I expect?? I am being sued by PORTFOLIO RECEOVERY (assignee of MBNA) for 2000. I counterclaimed and all that in my answer.....I am expecting to lose, but I guess thats ok. I have no JOB, money etc. anyhow how long will it last? since this is pretrial that means this is not the end right???

also PORTFOLIO RECEOVERY 's nearest office is NORFOLK VA, and their attorneys are in CLEVELAND...so these people are going to come all way from VA and cleveland for 2000 bucks??? any chance they may not show up LOL???

thansk for any advice...

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The judge uses the pretrial to get a feel for the case. It also gives him a chance to eyeball the parties. He will ask some questions off the record to see what's what. He will likely want to know if there is a chance for settlement. You say you think you will lose. Is there a settlement ( short of them going away) that you can live with?

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Everything depends on how you responded, i.e. answer, counterclaims, etc. You will not have to plead anything! The Plaintiff will have to show the basis for their claim to the judge and the judge will most likely award a Summary judgment for some amount. Afterwards, it's highly likely the Plaintiff will contact you and make you a very generous settlement offer if it's really true you do not have the ability to repay. That said, you may be in pretty good shape as it stands. BTW, don't wear your Sunday best in court. The tattered, but clean look works best in court!

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ty guys, you gave me some good tips here...I could prob do payments if VERY SMALL..at least now I have ideas. my basic defenses were SOL, etc. looks like I wont plead anything if I dont need too..I thought I had too.....I guess I just tell the truth and tell my story...I will let you know..if more tips please respond...ty

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ty guys, you gave me some good tips here...I could prob do payments if VERY SMALL..at least now I have ideas. my basic defenses were SOL, etc. looks like I wont plead anything if I dont need too..I thought I had too.....I guess I just tell the truth and tell my story...I will let you know..if more tips please respond...ty

If it is out of SOL I would definetly use that. Then file a motion to dismiss with prejudice.

The debt does not go away but it would drop off the CR after 7 years.

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ok so I jsut went online to look at the status of my case...and look at the comments for today:

12/19/2005 PLTF'S MOTION TO ATTEND HEARING ON 12-22-05 VIA PHONE

12/19/2005 RECEIVED JE TO ATTEND HEARING VIA PHONE

12/21/2005 JE (ORDER TO ATTEND BY PHONE IS OVERRULED AND DENIED) FILED

12/21/2005 COPIES MAILED

looks like they did not want to come and wanted to do it over the phone and judge denied!!! maybe they wont show up...could I get so lucky??????

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Straying off topic for a brief moment - if you are called into court for a civil matter ie. debt and you have a criminal matter (jumped bail, forgot to pay tickets, suspended license, whatever) with a warrant - are many court systems smart enough to put two and two together and nab someone coming out of civil court and put him/her into jail for the outstanding warrant?

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