Myhearing is Thursday and I can't go!

[lovesdogs]

I am so screwed.

I'm being sued by Cap 1; the debt is definitely mine and I was going to simply pay it and avoid court. But that wasn't possible, so I scheduled the court date (March 15) and planned on trying to negotiate a settlement of some sort.

I found out late yesterday afternoon that I have to go on a business trip next week and won't be back until late Thursday afternoon, notin time for the hearing!

The judge was already kind enough to reschedule the hearing for me when I called to let them know my first day of my new job was the same day as the original hearing date. There is NO WAY he'll reschedule for me again, ya' know?

So now what do I do? I can NOT just not show up and let Cap 1 win by default and have a judgement on my credit report. I'm working so hard on rebuilding my credit. I don't know where to begin and with having to work on my presentation for this trip, I don't have a lot of time to work on this, too. Otherwise, I'd be spending hours pouring over this site studying my butt off trying to figure this out on my own.

Do I call the attorneys for Cap 1? Do I call Cap 1? Help me figure this out, please!! THANK YOU!

[the aussie]

Three choices....

Call the court to reschedule

Reschedule your business trip and go to hearing

Don't go to hearing and lose by default

Calling Cap1 lawyers will not stop the hearing....

[nascar]

I can NOT just not show up and let Cap 1 win by default and have a judgement on my credit report.

Default or not, you're going to have a judgment against you. You're not challenging the validity of the debt, so what would stop the court from finding against you?

Your other option would be to pay the debt in full before the hearing in exchange for a voluntary dismissal.

[lovesdogs]

Three choices....

Call the court to reschedule

Reschedule your business trip and go to hearing

Don't go to hearing and lose by default

Calling Cap1 lawyers will not stop the hearing....

I should have been more clear - I don't intend for or expect Cap 1 lawyers to stop the hearing. I meant "should I call them" as in should I call them or should I call Cap 1 to set up payment. I can't pay the entire amount at once and that's why I need to talk to them about it. That's something I was hoping to find out at the hearing. I'm afraid they'll freeze my bank account or something now that I'm not able to go to court in 5 days, and this now throws a huge wrench into it.

I really don't think the court will reschedule, seriously, so I'm not even going to ask. And there's no way my employer will reschedule this trip. It's not "my" trip, it's theirs. Unfortunately, I can't get out of this trip or I would.

Default or not, you're going to have a judgment against you. You're not challenging the validity of the debt, so what would stop the court from finding against you?

Your other option would be to pay the debt in full before the hearing in exchange for a voluntary dismissal.

I'm confused - even if I pay them, I'll still have a judgement against me? I've read and read everything I can and thought that this debt would show as settled. No?

[June]

late yesterday afternoon...

This should have already been on the calendar (at work) that you had a court appearance on the 15th (March).

Can you possibly retain (say for $100 - $200) a local attorney (within 2 days, come Monday) to just appear on your behalf to reschedule (not defend) the thing?

You should be there to challenge them, even if the alleged debt is yours. Are there figures accurate? At this point, I would think, not only will you have to pay the alleged debt$$, there will be cost$ and pricey attorney fee$$$.

This is way too easy for them. I'll be so hurt if Cap 1 gets this judgment for what they say you owe, without producing records.

[nascar]

Can you possibly retain (say for $100 - $200) a local attorney (within 2 days, come Monday) to just appear on your behalf to reschedule (not defend) the thing?

Excellent point. That's definitely an option.

[Recovering Attorney]

this site is sooo frustrating sometimes. especially when seemingly smart people suspend their common sense.

[the aussie]

this site is sooo frustrating sometimes. especially when seemingly smart people suspend their common sense.

[chilton1]

this site is sooo frustrating sometimes. especially when seemingly smart people suspend their common sense.

RA, what do you mean? What should the OP do?

[June]

this site is sooo frustrating sometimes. especially when seemingly smart people suspend their common sense.

I am too.

RA come in please !!!

[lovesdogs]

This should have already been on the calendar (at work) that you had a court appearance on the 15th (March).

Can you possibly retain (say for $100 - $200) a local attorney (within 2 days, come Monday) to just appear on your behalf to reschedule (not defend) the thing?

You should be there to challenge them, even if the alleged debt is yours. Are there figures accurate? At this point, I would think, not only will you have to pay the alleged debt$$, there will be cost$ and pricey attorney fee$$$.

This is way too easy for them. I'll be so hurt if Cap 1 gets this judgment for what they say you owe, without producing records.

Why would I have my personal matter(s) on a calendar at work for the world to see? I've been at this job for less than a month and there's no way I would 1) take any time off and 2) tell these people my personal business! I had the hearing scheduled for 4:00 pm so that I could go directly after work and avoid any explaining to my employer and/or coworkers.

I can try to retain a local attorney to show up for me and reschedule. However, wouldn't that also add to the Cap 1 attorney fees when they show up on Thursday? And then they'll be back on another date and time and there's more money that I'll owe if they win. That's why I asked if I can call on Monday and say "can I just pay this thing instead of the hearing?" all together.

As for the figures being accurate - I have no idea. I don't have any records of my own. I only have cancelled checks of what I paid from 3 years ago. I did stupidly stop paying when I couldn't afford to and that's why I'm here.

this site is sooo frustrating sometimes. especially when seemingly smart people suspend their common sense.

Add me to list of wanting to know what RA is referring to. If it's me, then please explain. I was tired and frustrated and scared to death when I was posting last night.

Thanks for your help, everyone.

[rella5]

I'm not an expert here, just my 2 cents, but if they are suing you for a lot of $ (thousands, not hundreds) then wouldn't if be worth it to hire a local atty to appear on your behalf? I do not know the rules of procedure but I know that if you do appear the judges usually try to get the parties to go out in the hall and negotiate so.. a question to the pros on this site.. can an atty appear for the OP and ask for continuance, especially if the Plaintiff does not present acceptable proof of the debt? If all else fails I'd still try calling the clerk to see about a continuance, the worst they can say is no.

[takeahike]

Why would I have my personal matter(s) on a calendar at work for the world to see? I've been at this job for less than a month and there's no way I would 1) take any time off and 2) tell these people my personal business! I had the hearing scheduled for 4:00 pm so that I could go directly after work and avoid any explaining to my employer and/or coworkers.

I can try to retain a local attorney to show up for me and reschedule. However, wouldn't that also add to the Cap 1 attorney fees when they show up on Thursday? And then they'll be back on another date and time and there's more money that I'll owe if they win. That's why I asked if I can call on Monday and say "can I just pay this thing instead of the hearing?" all together.

As for the figures being accurate - I have no idea. I don't have any records of my own. I only have cancelled checks of what I paid from 3 years ago. I did stupidly stop paying when I couldn't afford to and that's why I'm here.

Add me to list of wanting to know what RA is referring to. If it's me, then please explain. I was tired and frustrated and scared to death when I was posting last night.

Thanks for your help, everyone.

Are you serious that you're just going to pay whatever they say you owe?! And are you really not going to try to get a continuance on the hearing? I'm no attorney, but if lots of money was on the line for me, I'd at least contact the attorney and explain the situation with the business trip. Ask if he would agree to a continuance under the circumstances -- even a week, unless court rules require some other amount of notice. If s/he agrees, type/write a letter confirming your conversation and fax it to his/her office. Then contact the court clerk to find out how to get it moved on the court docket/calendar. If it requires you to file a motion/notice of motion, do it!

Then, assuming it's granted, show up at the hearing and tell the judge that you dispute the account and ask for a Bill of Particulars, admitting nothing. Until you see an itemized Bill of Particulars, how can you be sure it is your account and that the amount they say you owe is accurate?

Crap 1 sued me last August. It took 7 months to get there, but finally last week my Motion to Dismiss with Prejudice (meaning they can never come after me again) for their failure to produce the Bill of Particulars as ordered by the court was GRANTED! $15K -- $9000 in principal and $6000 in interest. They had nothing attached to the complaint except a piece of paper with those amounts, signed and notarized by someone in NY (I'm in IL). All the complaint said was that I owed that amount. Big deal. How do I know where that amount came from without looking at the Bill of Particulars to verify that it was my account and that the numbers they alleged were calculated correctly?

If Crap 1's attorney won't agree to a continuance, contact the Clerk or the judge and explain the situation with your business trip. Ask whether you can send a trusted relative or friend to show up on your behalf so that you don't have to pay an attorney. If agreed, tell the person to ask for a continuance at court and have that person explain the situation to the judge. Type up an affidavit explaining your situation, sign it, and have it notarized. These are all just ideas -- I'm not an attorney and this isn't legal advice. I'm just saying if it were me, I wouldn't just roll over for those creeps.

When I went to court on their original complaint, there was a stack of Crap 1 cases 6" tall on the judge's bench, and their attorneys didn't even show up that day!! I asked for the case to be dismissed for want of prosecution, which was granted, but of course Crap 1 filed a motion to reinstate (b/c, as they fully admitted, "through inadvertence" they failed to show up. BS! They forgot!!)

The bottom line is that you are entitled to review whatever documentation they have to make sure they have the right person and that if they do, you pay only what you actually owe, which may be different from what they're saying you owe.

Good luck!!

[myscoresawful]

I don't see anywhere in your post how old this debt is? Is it possible the SOL has expired?

If so, you have leverage there. I know in TN it is 6 years.

[myscoresawful]

ok, now I see that you quit paying 3 years ago, unless the SOL in your state is 3 years or less, it wouldn't work.

I DV'd CAP 1 the end of February and am waiting for their reply, also disputed with EQ to back it up in case they don't come through, can use that against them. They haven't responded to the DV yet, but they did send me an offer to settle for about $400 less than they are suing me for....so calling them and asking to settle for what you *could* pay right now might be an option, if you can get it in writing, maybe.

Good luck.

[June]

Why would I have my personal matter(s) on a calendar at work for the world to see? I've been at this job for less than a month and there's no way I would 1) take any time off and 2) tell these people my personal business! I had the hearing scheduled for 4:00 pm so that I could go directly after work and avoid any explaining to my employer and/or coworkers.

Sorry. I meant quietly placing your immediate supervisor on notice (in advance) about a "very important business matter" on the 15th. I understand since it was scheduled after work, this was not necessary. Sorry, I did not intend to upset you.

I can try to retain a local attorney to show up for me and reschedule. However, wouldn't that also add to the Cap 1 attorney fees when they show up on Thursday? And then they'll be back on another date and time and there's more money that I'll owe if they win.

Don't worry about their attorney fees, they cannot win without proof.

As for the figures being accurate - I have no idea.

Exactly. Try to retain a local attorney to reschedule. Courts will ALWAYS hear and respect an attorney. You need to see proof of what they say you owe, if you decide to pay or they obtain a money $$$$ judgment.

Please accept my apology. Thank you.

~~~Good Luck with this~~~

[June]

SOL defense may not work, but...

They still must Validate. LOVESDOGS holds receipts for payments. Did they correctly apply those payments made 3 years ago, etc.

What is the true and correct balance?

I would like to know, before I agree to pay them a dime.

[lovesdogs]

A couple of answers:

They're suing me for $2400. It's not a million dollars, but not small change I have lying around the house either.

According to my CR - the date I last paid was August 2003. Pennsylvania SOL is 4 years. Sooooo close.

This is a lot of back-tracking history, but I never received any kind of phone calls or mail until I got a certified letter in the mail about this hearing. NOTHING. That's why I never DV'd Cap 1 about this debt. I'm not one to willingly hand over my money to any old schmoe, I'm just trying to avoid a judgement. After reading myscoreisawful's post, my hopes are high in that the lawyers for Cap 1 won't even show, but I never have that kind of luck. Ever.

I will call the court tomorrow to see if they'll grant me a continuance.

Oh, and June - no problem. I'm just really touchy right now, as you can imagine. Thanks though.

[June]

This is a lot of back-tracking history, but I never received any kind of phone calls or mail until I got a certified letter in the mail about this hearing. NOTHING. That's why I never DV'd Cap 1 about this debt.

I understand what you may be going through. Wish I could be of more help.

But you need to calm down. You still have to prepare for your Presentation

Don't mean to upset you. But... You should've DV'd them upon receipt of their certified letter (first contact with mini miranda - right?). From your DV (thanks to CIC) they would have been placed on notice that you will challenge them in court. Who knows? They may have backed down.

Question: Are you still within the 30-day period (from the date of their certified letter)? It may not be too late to DV. At least your Dispute will be in their files and they will be on notice about DV.

[lovesdogs]

I understand what you may be going through. Wish I could be of more help.

But you need to calm down. You still have to prepare for your Presentation

Don't mean to upset you. But... You should've DV'd them upon receipt of their certified letter (first contact with mini miranda - right?). From your DV (thanks to CIC) they would have been placed on notice that you will challenge them in court. Who knows? They may have backed down.

Question: Are you still within the 30-day period (from the date of their certified letter)? It may not be too late to DV. At least your Dispute will be in their files and they will be on notice about DV.

I'm at work preparing for my presentation (work, that is) so I have to make this quick.

I never got a single thing from Cap 1 or their attorneys. I got a certified letter from my district magistrate. Ironically, my name was mispelled and it was I that called them (the magistrate) to let them know there wasn't anyone by that name living at this address. I only did that because when I went to the PO to pick up the letter, the postal workers told me I couldn't have it and the police would come to my house and arrest "him" (the person the letter was addressed to if "he" couldn't pick up the letter. So it's been a mess since day one. All this started in December, by the way.

As for my presentation in court, I will have my cancelled checks showing what I paid. I already spoke to the judge personally when I called the court last month to reschedule my hearing because the clerk didn't know what I was talking about when I asked if I could have copies of any documents the Cap 1 lawyers have. The judge was incredibly nice and said they hadn't sent anything to him as of yet, only a single piece of paper on the law office letter head that has a date and dollar amount typed on it with my name (spelled wrong) and address. They sent me the same piece of paper with the certified letter. Hopefully that's all they have if they show up in court.

I told my boss today that I absolutely must be home from this trip by noon on Thursday. She said she would reschedule my presentation so that I can get an earlier flight back.

I hope to God they don't show up, but if they do I pray I can keep my composure and not start crying. I hope I can ask the right things if I need to, like "can I please see a an itemized bill of particulars?" and "can you confirm this balance is true and correct" as others have mentioned.

Oh, and one more thing - My cancelled checks indicate the last payment I made was April 1, 2003. Cap 1 reports August 2003 on my CR. Only 2 more freakin' WEEKS instead of 4 months for SOL. ***sigh***

[June]

I'm at work preparing for my presentation (work, that is) so I have to make this quick.

She is a very nice and understanding boss. Be sure do something nice for her in the future.

I too hope they do not show up. If they do, please don't be nervous and start crying. Just make notes of the questions you need to ask and the other things you need to say. You will be just fine.

It appears that AUGUST 2003 is the date they most likely purchased the debt from the Debt Wholesaler or another JDB. Since it is not the correct date for the DOFD APRIL 2003.

I am so happy you will be in court. Good Luck ! And keep us updated. ok.

Until the Next Time...

[rella5]

yes please keep us updated. There's a lot of us out here pulling for you! And a lot of us who are or will be in your shoes and feel like we are living it with you. Best Luck!!!!!

[takeahike]

As for my presentation in court, I will have my cancelled checks showing what I paid. I already spoke to the judge personally when I called the court last month to reschedule my hearing because the clerk didn't know what I was talking about when I asked if I could have copies of any documents the Cap 1 lawyers have. The judge was incredibly nice and said they hadn't sent anything to him as of yet, only a single piece of paper on the law office letter head that has a date and dollar amount typed on it with my name (spelled wrong) and address. They sent me the same piece of paper with the certified letter. Hopefully that's all they have if they show up in court.

I'm the one who won against Crap 1 last week after they sued me for $15,000. The "single piece of paper... that has a date and dollar amount typed on it..." was the only thing they attached to their complaint against me also. SO, hopefully you have a chance with your court to go through the same thing I did.

I showed up in court as directed in the Complaint. No written response was required in my case (don't know what your state laws are). I didn't show anything to anyone (i.e., copies of checks, etc.), but said I disputed the account and asked for the Bill of Particulars. This is, in essence, the same thing as DV'ing them -- demand they validate the account. In my case, the judge gave them 30 days. After about 35 days with still no Bill of Particulars in my mailbox, I filed a Motion to Dismiss with Prejudice. (If you ever get to that point, I will be happy to cut and paste it into a document for you, or post it here somewhere. I listed the relevant Codes for the laws that supported my motion.) This is the motion that was granted last week! YEEHAW!!!!

I hope to God they don't show up, but if they do I pray I can keep my composure and not start crying. I hope I can ask the right things if I need to, like "can I please see a an itemized bill of particulars?" and "can you confirm this balance is true and correct" as others have mentioned.

Plan on them showing up, but jump for joy if they don't. If they don't show up, ask the court to "dismiss the case with prejudice for want of prosecution" (probably won't get the "with prejudice" but it's worth a try!). IF it is dismissed without prejudice, Crap 1 will likely have xx days to file a motion to reinstate.

YOU CAN DO THIS!! Even though you may be nervous, you will not start crying. Do what I did -- think of the judge wearing nothing but Converse high-top tennis shoes under his robe.... (he wasn't attractive -- but it kept my mind off of being nervous!) That image pretty much seals the deal -- you WILL NOT CRY!!!!

Oh, and one more thing - My cancelled checks indicate the last payment I made was April 1, 2003. Cap 1 reports August 2003 on my CR. Only 2 more freakin' WEEKS instead of 4 months for SOL. ***sigh***

Is there any chance that what you paid in April 2003 (and maybe the month or two before) wasn't the full monthly payment due? (e.g., you only paid $30 but $50 was actually the minimum payment due) If so, March (or prior) was actually the date you became delinquent, and therefore may be past the SOL now. See the below quote, which came directly from the FTC's website:

Example given:

"A consumer's credit account becomes delinquent on April 15, 1998. The consumer makes partial payments for the next five months but never brings the account current. The merchant places the account for collection in May of 1999.

Since the account was never brought current during the period that partial payments were made, the delinquency that immediately preceded the collection commenced in April 1998 when the consumer first became delinquent. "

Here is the link to this page: http://www.ftc.gov/bcp/conline/pubs/buspubs/infopro.htm

(There are other examples given. The quote above is the very last one listed.)

Sorry for the loooong, obnoxious post. Hopefully some of this rambling will help you!!

[June]

Sorry for the loooong, obnoxious post. Hopefully some of this rambling will help you!!

It's none of my business but... Are you kidding? "I love your loooong, obnoxious post to LOVESDOG." Hopefully, LovesDogs will get to read it before Thursday the 15th.

LOVESDOG, we are right there with you !!!!!!!!

[lovesdogs]

I'm the one who won against Crap 1 last week after they sued me for $15,000. The "single piece of paper... that has a date and dollar amount typed on it..." was the only thing they attached to their complaint against me also. SO, hopefully you have a chance with your court to go through the same thing I did.

I showed up in court as directed in the Complaint. No written response was required in my case (don't know what your state laws are). I didn't show anything to anyone (i.e., copies of checks, etc.), but said I disputed the account and asked for the Bill of Particulars. This is, in essence, the same thing as DV'ing them -- demand they validate the account. In my case, the judge gave them 30 days. After about 35 days with still no Bill of Particulars in my mailbox, I filed a Motion to Dismiss with Prejudice. (If you ever get to that point, I will be happy to cut and paste it into a document for you, or post it here somewhere. I listed the relevant Codes for the laws that supported my motion.) This is the motion that was granted last week! YEEHAW!!!!

Plan on them showing up, but jump for joy if they don't. If they don't show up, ask the court to "dismiss the case with prejudice for want of prosecution" (probably won't get the "with prejudice" but it's worth a try!). IF it is dismissed without prejudice, Crap 1 will likely have xx days to file a motion to reinstate.

YOU CAN DO THIS!! Even though you may be nervous, you will not start crying. Do what I did -- think of the judge wearing nothing but Converse high-top tennis shoes under his robe.... (he wasn't attractive -- but it kept my mind off of being nervous!) That image pretty much seals the deal -- you WILL NOT CRY!!!!

Is there any chance that what you paid in April 2003 (and maybe the month or two before) wasn't the full monthly payment due? (e.g., you only paid $30 but $50 was actually the minimum payment due) If so, March (or prior) was actually the date you became delinquent, and therefore may be past the SOL now. See the below quote, which came directly from the FTC's website:

Example given:

"A consumer's credit account becomes delinquent on April 15, 1998. The consumer makes partial payments for the next five months but never brings the account current. The merchant places the account for collection in May of 1999.

Since the account was never brought current during the period that partial payments were made, the delinquency that immediately preceded the collection commenced in April 1998 when the consumer first became delinquent. "

Here is the link to this page: http://www.ftc.gov/bcp/conline/pubs/buspubs/infopro.htm

(There are other examples given. The quote above is the very last one listed.)

Sorry for the loooong, obnoxious post. Hopefully some of this rambling will help you!!

I, too, love your long NOTobnoxious post.

I'm rushing through this again on my break so forgive me if I'm asking things you've already covered. Cap 1 didn't show up for you, right? Did the judge ask you anything at all? I ask because you said "I disputed the account and asked for the Bill of Particulars". Did you mean at the hearing? If they show up in court should I ask for that? I'm composing a list of things and this is at the top. I'll pee my pants if they have everything.....

Today I called an attorney I know and skimmed over this case. He basically told me that I don't have to prove that I don't owe anything, Cap 1 has to prove that I do. He advised me to object to every document they have unless it's something with my signature on it and I know it's mine. If it's this same piece of generic typed paper that I already have, then he said it's laughable and the judge shouldthrow out the case.

I honestly can't remember the reasoning behind my payment amounts. When I look at the cancelled checks, some are $200, some are $25, some are $239.42 so they're all over the place. The very last one is $50 and it was April 1, 2003. March 2003 was $25 and February 2003 was $100.

OK - I have to get my butt back to working on this work presentation or I'll be out of a job!

Thanks SOOOOOO much for your help and shoulders to lean on. Man, I love this place.

One more thing - a written answer was not required. All I had to do was call the court and say "Yes I would be there" or "No I wouldn't". I got a notice in the mail, as did Cap 1's attorneys, that said "lovesdogs will present a defense in this matter".