Running out of time... please help!

[firefly31]

Last month I received a "motion to revive judgement" or something against me in court. When they sent this 6 years ago, and I requested information, they stopped bothering me (I really had no idea I needed to do more at that time). Well, now it is approaching 7 years after this "supposed" debt, and they are after me again. When I received the letter at the end of June, I wrote the court as well as the lawyer stating that I have never been given proof of this debt being mine. In response, they sent me a notice today that I have to go to a hearing in court. Is there any way to avoid this? I saw on the one page that they can not do anything until proving validity of the debt, but here I am with this stupid hearing now. ALSO, I got a letter from another lawyer based out of Georgia (the original one is in Colorado) saying that I owe a debt. IT IS THE SAME DEBT!!!! How can two law firms represent the same collection agency, and BOTH try to get the SAME money at the SAME time. So, what can I do? Obviously this is crap. Isn't it fraud to have two law firms handle the same case, hoping to be paid twice. Also, the second law firm in GA had another "supposed" debt from the same collection agency. This is the first I heard about it (and only the second law firm has it... that I know of), but obviously their practices are shady, and I don't believe either are valid, nor mine. What can I do? Can I do something to not have to go to court? Can I do something about the two law firm situation? Can I do something to get rid of the second debt as well since this collection agency obviously isn't on the "up-and-up." I appreciate any help I can get... I can not afford a lawyer AT ALL, so if I go to this hearing I will be by myself, and look like an idiot. But I am FURIOUS that they think that they can get me to pay ONE debt that they can not validate, let alone the same debt TWICE.

Thanks in advance!

[willingtocope]

Take a couple of deep breaths. You'll get through this.

If you can't afford a lawyer, you still have some options. Contact your local bar association and ask if there's a "consumer advocate" in your area. Look into the www.budhibbs.com web site to see if they can help. You might find someone to represent you, particularly if this isn't really your debt.

If you do wind up going to court yourself, just be prepared. There are lots of people on the board here that have represented themselves in court. It can be done.

(And...what's probably happened is that this alleged debt has been sold and resold a couple of times. Its possible that each lawyer is really a CA or JDB in their own regard, and its them that are trying to intimidate you).

[firefly31]

Take a couple of deep breaths. You'll get through this.

If you can't afford a lawyer, you still have some options. Contact your local bar association and ask if there's a "consumer advocate" in your area. Look into the www.budhibbs.com web site to see if they can help. You might find someone to represent you, particularly if this isn't really your debt.

If you do wind up going to court yourself, just be prepared. There are lots of people on the board here that have represented themselves in court. It can be done.

(And...what's probably happened is that this alleged debt has been sold and resold a couple of times. Its possible that each lawyer is really a CA or JDB in their own regard, and its them that are trying to intimidate you).

Thanks for responding!

The thing is, they are both trying to collect at the same time. If this debt was being represented by one law firm that is one thing, but two law firms that have nothing to do with each other from different states? It would be different if I heard from one months ago, and another now, but I have heard from both of them in the past month (little over). Plus, I have no earthly idea if this even could be my debt... am I really supposed to remember things from 7 years ago? Every time I ask for proof, I get nothing. I thought they had to provide proof before wasting my time in court.

[willingtocope]

Okay, first, realize that just because they claim to be a law firm, doesn't mean squat. Treat them just like any other CA (unless they actually serve you with a summons). Send them BOTH a separate DV letter, CMRRR, asking for documentation that this is your debt. They might respond, they might not. They might go ahead and try to get a default judgement. Or...if it's a debt (bogus or not, they have no way of knowind) they purchased along with a pile of others, they might just drop it and go on to easier pickings.

You should check wth the court in question to make sure there is a court date scheduled. If so...plan on showing up. Take all the documentation you have and tell the judge that you've been trying to get proof this is yours. "As far as I know, your honor, I've never done business with these people"....

[firefly31]

Okay, first, realize that just because they claim to be a law firm, doesn't mean squat. Treat them just like any other CA (unless they actually serve you with a summons). Send them BOTH a separate DV letter, CMRRR, asking for documentation that this is your debt. They might respond, they might not. They might go ahead and try to get a default judgement. Or...if it's a debt (bogus or not, they have no way of knowind) they purchased along with a pile of others, they might just drop it and go on to easier pickings.

You should check wth the court in question to make sure there is a court date scheduled. If so...plan on showing up. Take all the documentation you have and tell the judge that you've been trying to get proof this is yours. "As far as I know, your honor, I've never done business with these people"....

Yes, they did serve me with a summons... well, a month ago they served me with paperwork saying they were trying to "revive a motion for judgement" from 6 years ago. That was when I requested information about what they were talking about, and they wrote me back with this "hearing" date.

Also, I was looking on that site you gave me (thanks!) and it said that the statute of limitations in my state is 6 years. The original "motion for judgement" was August 8th, 2000, and the hearing this time is August 4th, 2006. I am guessing this is why they are so hot to get me in? What if I already have a commitment that I can not break, and will not be available until the 10th or 11th? Then what?

Sorry to ask so many questions, I just am trying to figure out what I can do so that these people just go away. They disappeared for 6 years... I didn't miss them at all.

[firefly31]

Okay, first, realize that just because they claim to be a law firm, doesn't mean squat. Treat them just like any other CA (unless they actually serve you with a summons). Send them BOTH a separate DV letter, CMRRR, asking for documentation that this is your debt. They might respond, they might not. They might go ahead and try to get a default judgement. Or...if it's a debt (bogus or not, they have no way of knowind) they purchased along with a pile of others, they might just drop it and go on to easier pickings.

You should check wth the court in question to make sure there is a court date scheduled. If so...plan on showing up. Take all the documentation you have and tell the judge that you've been trying to get proof this is yours. "As far as I know, your honor, I've never done business with these people"....

Also, I already sent the DV and got back the CMRRR right after the 4th of July. This is their response to my requesting DV.

[willingtocope]

If you can't afford a lawyer, and no one from the local legal aid will help, then you'll have to go it alone. From what I've read, the first thing you should do is check with the clerk of courts for the court in which the "hearing" is scheduled to make sure its real. If it is, ask the clerk what you can do to get the hearing postponed...realize that you'll probably need a really good reason. While clerks are not supposed to give legal advice, many will at least point you in the right direction...

You might also ask about the "motion to revive judgement" thing...again, I've read, that court motions also have an SOL associated with them. In some courts, if they don't bring it forward again within some period of time (like a year or two), then they have to start all over again. The clerk would know...

[firefly31]

Thanks for the info.

I called the court, and they did say that there is a hearing set (8:00 AM, yuck). Is it beneficial for me to postpone it? Or is it just putting off the inevitable?

I'll ask about the motion to revive judgement, but would they set a hearing if the SOL had run out? I think they are scared because the first contact was August 8, 2000, and the SOL in the state is 6 years. My hearing is on August 4, 2006. I think that since they already set it and everything, it falls within the 6 year dead-line. What jerks. Should I give a copy of the paperwork from the other "law firm" in GA saying that THEY are the ones who represent this CA?

I just this over and done with (which I'd assume most people want). It has been 6+ years since this supposedly took place, I do not remember having this card, let alone 2 of them (the 2 I received from the people in GA). Is there anything that I can do that will allow me to say (in a nice, professional way of course) look, I have asked for documentation TWICE now, and instead of providing me with it, they keep filing things in the court against me. All that proves is that they have absolutely nothing. Not to mention that I have two "law firms" coming after the same debt, at the same time, and no one can prove that the debt is mine. What if I "chose" the law firm in GA to deal with? Would I still have to deal with these people in Colorado?

Thanks in advance (the lack of sleep makes me ramble a bit),

Alison

[GreatGadsby]

IANAL but it sounds to me like they already have a judgement and are just renewing it. my 2 cents.

[willingtocope]

I really can't give you absolute advice here...way too may variables. Is this small claims?...if so, judges might be easier to get along with, and inclined to help you sort it out. If not, you never know.

From what I've read, SOL is not a "nevermind" kind of thing for a CA or JDB. SOL only works if they take you to court and you invoke it as a defense and the judge recognizes that as a vaild defense. So, many CAs take such things to court anyway because most people don't show up...and those that do, may not know about the SOL.

If it were me (I've never had to do this), I'd show up in court. I'd take copies of the letter I've sent and say to the judge "I've asked for proof this is my debt, and they haven't provided any, so I really have no way of knowing if this is mine or not".

[firefly31]

Any other ideas? I'd like to get imput from multiple people if possible.

Thanks.

[firefly31]

I was told that First Select Corp is no longer in business. I have been trying to find information showing that... does anyone know where I can find this??