I'm back from my court appearance

[maryv]

First off, I want to thank EVERYONE for their advice, it is GREATLY appreciated.

I had my court hearing (if you want to call it that) and as soon as I walked in there the attorney (plaintiff) came up to me wanting to "settle" and asked if I received his letter with the copies of the cc statements. It turns out that's ALL he had! He was requesting $1500 + court costs and atty fees, which totaled $1950 but he was willing to take half. I thought to myself, "nah eh. I don't think so. You have no evidence and you know you're going to lose so I'm not offering you squat."

So I told him, "none of these charges look familiar to me." He said, "well we normally don't offer to settle for half, what do you want to offer? You can offer less?" I said, I don't know. I have a lot of health problems so I don't know what I want anymore. I just know that this is not my debt."

So we went back into the court room and as soon as I sit down the jerk says to me, "well I'm just going to have this dismissed. I have one year to refile it." Then the judge came in and we went before the judge and he told her that and I asked her if I can have it dismissed with prejudice as I've been here 5 times she said no becuase that's his right. He can refile it for up to 10 years or until SOL runs out.

I asked her if there was any way I can have it dismissed with prejudice as I can't keep coming to court and due to my health condition I don't know how I'm going to be 6 months from now and she said, "You can hire and atty and get advice from him." ARGHH!

But it has been DISMISSED. I did get a ticket on the way there for speeding but I'd rather pay $75 as opposed to $1900 anyday!

A SPECIAL thanks to RECOVERING ATTY. Thank you SO VERY MUCH! Your council helped me out MORE THAN YOU CAN EVER IMAGINE! THANK YOU ALL!

[Raysway]

[Greg]

Congrats!!!

[admin]

[nascar]

Great News!!

[GreatGadsby]

[breathing_easier]

maryv: So the case was dismissed without prejudice? In my opinion, the judge was way off the mark in telling you that it was the plaintiff's right to make you return to court five times just because the plaintiff couldn't get its act together. That, and the comment that "You can hire and atty and get advice from him" shows you just what a big fraternity/sorority it is between judges and lawyers, all members of the same bar. So many judges assume that if you are representing yourself you can't possibly know what you are talking about and seem to have a prejudice against pro se defendants. That being said, CONGRATS!! on getting a dismissal!! If the plaintiff is silly enough to refile then at least you're now loaded and ready for bear for the second round.

BTW, you might want to request an informal hearing on that speeding ticket. You would want to 'admit with explanation' (hard to fight a speeding ticket if they have you on radar). Judge/magistrate almost always will have you pay the fine but will knock off the points. Helps to keep your insurance rates from going up. Just a thought.

[maryv]

Thanks for the info. on the speeding ticket, breathing easier. I appreciate it!

I feel like all I been doing these past 6 months is going to court! Aye carumba! : )

[Methuss]

Ya know, if this lawyer was not an actual payroll employee of the creditor, that means he's an attorney debt-collector. If that is the case, continuously refiling could be deemed harassment by a debt collector.

[maryv]

he is not on the OC's payroll. he bought the debt and tried to sue me for money, not the OC. He was a lawyer representing himself and maybe I can sue for harrassment since I had to appear five freaking times before they finally dismissed it.

[ghacorp]

Generally debt buyers especially those who are junk debt buyers cannot recover court costs or add attorney fees or additonal interest to what they are seeking. The reason being they are NOT a holder in due course and the cc agreeement does not transfer with the debt. I was very surprised to hear of that instance in your court system. Credit card statements are usually great evidence when presented in court by the OC seeking a Summary judgment.

[maryv]

Interesting. It turns out the only evidence he had was a copy of the cc statement, NOTHING ELSE. What aggravates me is he was able to file a lawsuit and make me miss work and come to court 5 times only to have it dismissed WITHOUT prejudice. It's not fair to me. Then now he gets ANOTHER chance to do it all again if he chooses and I have no recourse.

Very frustrating to say the least.

[Leadhead]

Interesting. It turns out the only evidence he had was a copy of the cc statement, NOTHING ELSE. What aggravates me is he was able to file a lawsuit and make me miss work and come to court 5 times only to have it dismissed WITHOUT prejudice. It's not fair to me. Then now he gets ANOTHER chance to do it all again if he chooses and I have no recourse.

Very frustrating to say the least.

Here's what I'd do.

Send him a DV letter, if you already haven't. This forces him to get something from the OC, which he'll probably be unlikely to do.

Next send him a letter advising him if he sues you again, you'll file an FGCPA counterclaim for misrepresenting the legal status of the debt, send both letters certified.

[heavyjay]

maryv: So the case was dismissed without prejudice? In my opinion, the judge was way off the mark in telling you that it was the plaintiff's right to make you return to court five times just because the plaintiff couldn't get its act together. That, and the comment that "You can hire and atty and get advice from him" shows you just what a big fraternity/sorority it is between judges and lawyers, all members of the same bar.

Like the saying goes, "a good lawyer knows the law, a great lawyer knows the judge."

[pcdoggy]

Generally debt buyers especially those who are junk debt buyers cannot recover court costs or add attorney fees or additonal interest to what they are seeking. The reason being they are NOT a holder in due course and the cc agreeement does not transfer with the debt. I was very surprised to hear of that instance in your court system. Credit card statements are usually great evidence when presented in court by the OC seeking a Summary judgment.

Was this suit brought on behalf of the OC or a collection agency? If brought on by a JDB or collection agency, the statements could be considered hersay right?

Wouldn't the JDB need to produce some bill of sale from the OC or something to show they legally own the debt?

[maryv]

The lawsuit was brought on by the JDB not the OC. Recovering Atty. and others told me that copies of cc statements are considered hearsay. The plaintiff didn't even bother to present the cc statements to the judge. We just went back in court and he dropped his lawsuit. I think the judge told him, try to settle it becuase you have no evidence and cc statements are not evidence and I can't rule in your favor. So he tried to settle with me, I may have offered him $100 or MAYBE $200 if he didn't make me come to court 5 times. When I saw he had nothing else, and I thought, "You jerk, you waste my time and the court's time and you have no evidence? I am not paying you $1."

[beeboah]

Congrats!

[maryv]

Thank you. : )

Couldn't have done it without Recovering Attorney's help and the others on this board. I probably would have settled with this weenie for a grand. Thankfully that didn't happen! : )