Lawsuit Concerns

[chelseagirl]

I posted earlier about a pending lawsuit. Thank-you for helping me with my answers and defenses to be filed. Do I just sit tight and wait for the plaintiff or do I have to do something else to get the ball rolling. Is there a certain amount of time for the Plaintiff to reply or can they just let this (civil CC debt)case open forever until they decide to do something? I never DV because I received summons stating for an answer in 20 days which I did. I also stated in my defenses that I have the right to amend and/or add additional answers or defenses at a later time. I am so edgy not knowing what to expect next??????????

[direred]

If the first communication was a summons, you could sue for overshadowing your thirty-day right to dispute.

[chelseagirl]

If the first communication was a summons, you could sue for overshadowing your thirty-day right to dispute.

Thanks for the info.... how do you sue for overshadowing????? I didn't know about the 30 days either and I have been reading and reading.

[phoenix2ny]

I posted earlier about a pending lawsuit. Thank-you for helping me with my answers and defenses to be filed. Do I just sit tight and wait for the plaintiff or do I have to do something else to get the ball rolling. Is there a certain amount of time for the Plaintiff to reply or can they just let this (civil CC debt)case open forever until they decide to do something? I never DV because I received summons stating for an answer in 20 days which I did. I also stated in my defenses that I have the right to amend and/or add additional answers or defenses at a later time. I am so edgy not knowing what to expect next??????????

Chelsea, have you read your courts Rules of Civil Procedure? Is this case in NY?

[chelseagirl]

Chelsea, have you read your courts Rules of Civil Procedure? Is this case in NY?

I'm from Pa. I have read them but very confusing. Thanks for answering.

[phoenix2ny]

I'm from Pa. I have read them but very confusing. Thanks for answering.

So they are suing you in a PA court?

[chelseagirl]

So they are suing you in a PA court?

Yes... in Pa. Court of Common Pleas. (county). I denied all in my answers except for my address.

[someonesomewhere]

Something which may set you at ease would be talking with one of these folks.

http://www.naca.net/find-consumer-protection-attorneys/

http://www.myfaircredit.com/s/national-coverage-map/pennsylvania

NACA lawyer I spoke with last year, over the phone, didn't cost me a dime. Some of them work on contingency.

[chelseagirl]

Something which may set you at ease would be talking with one of these folks.

http://www.naca.net/find-consumer-protection-attorneys/

http://www.myfaircredit.com/s/national-coverage-map/pennsylvania

NACA lawyer I spoke with last year, over the phone, didn't cost me a dime. Some of them work on contingency.

THANK-YOU sooooo much. This is very helpful.

[phoenix2ny]

Yes... in Pa. Court of Common Pleas. (county). I denied all in my answers except for my address.

Very good.

I think you need to relax a little and read the rules of civil procedure for your court. I can tell you how things work in NY, but not everything may be exactly the same.

When you file your answer here in NYC, they tell you when the court date will be right there and then. You should serve your opponant with discovery about a week or so after you file your answer. If you get to the court date, and they have not answered (because they received your discovery within the last 20 days) you would let the judge know that you are not ready to proceed b/c you are still waiting on them to answer discovery. He will re-schedule the trial date.

If 20 days have gone by after service of discovery and they have not answered (I have never had a CA or JDB answer discovery of their own free will) you will have to file a Motion to Compel. If you get to your trial date and your motion hearing is still pending, you would tell the judge that you have a pending motion hearing, and he will re-schedule the trial date.

So right now, if your Rules of Civil Procedure allow, you should be serving them with discovery. Please check your RCP b/c some courts don't allow discovery (such as in small claims).

[chelseagirl]

Very good.

I think you need to relax a little and read the rules of civil procedure for your court. I can tell you how things work in NY, but not everything may be exactly the same.

When you file your answer here in NYC, they tell you when the court date will be right there and then. You should serve your opponant with discovery about a week or so after you file your answer. If you get to the court date, and they have not answered (because they received your discovery within the last 20 days) you would let the judge know that you are not ready to proceed b/c you are still waiting on them to answer discovery. He will re-schedule the trial date.

If 20 days have gone by after service of discovery and they have not answered (I have never had a CA or JDB answer discovery of their own free will) you will have to file a Motion to Compel. If you get to your trial date and your motion hearing is still pending, you would tell the judge that you have a pending motion hearing, and he will re-schedule the trial date.

So right now, if your Rules of Civil Procedure allow, you should be serving them with discovery. Please check your RCP b/c some courts don't allow discovery (such as in small claims).

THANKS SO MUCH!! I will be studying my RCP. When I filed my answers at the courthouse, they did not schedule a court date. They told me just to wait because alot of times the CA hopes you do not reply so they can get an automatic judgement. If you DO reply, sometimes they just let the case sit because it is too much trouble to go to court. Then I should file a MTD. I just hate NOT knowing what to expect next.

[phoenix2ny]

THANKS SO MUCH!! I will be studying my RCP. When I filed my answers at the courthouse, they did not schedule a court date. They told me just to wait because alot of times the CA hopes you do not reply so they can get an automatic judgement. If you DO reply, sometimes they just let the case sit because it is too much trouble to go to court. Then I should file a MTD. I just hate NOT knowing what to expect next.

Okay, but I wouldn't take what those court clerks' advice. I'd jump on some discovery before that window closes.

[chelseagirl]

Okay, but I wouldn't take what those court clerks' advice. I'd jump on some discovery before that window closes.

OK.... Thanks. I will serve with discovery. I have read alot about that and know what to do. I just didn't know if I should just wait for the Plaintiff to make the first move or go ahead. I will be preparing first thing tomorrow morning. Thanks ALL for the info. I am so glad I found this web site.

[phoenix2ny]

OK.... Thanks. I will serve with discovery. I have read alot about that and know what to do. I just didn't know if I should just wait for the Plaintiff to make the first move or go ahead. I will be preparing first thing tomorrow morning. Thanks ALL for the info. I am so glad I found this web site.

I always prefer to be on the offensive and let them play defense (even if I'm the defendant) and it has served me well thus far. Sitting back and letting them do as they will keeps them in the driver's seat with you on the roof-top hanging on for dear life (hoping they don't make any sharp turns). I'd rather it be the other way around.

[someonesomewhere]

There's a lot of good stickys in the legal forum.

http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=177

This one is required reading.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=214300