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CA called after filing lawsuit?????


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Hello .....I received a summons for a lawsuit (credit card debt) March 5th. With the help from this site and members, I filed my "Notice of Appearance" and "Answers and Defenses" at the courthouse, and also sent the CA copies CMRRR March 13th. (Thank-you all) Got the green card back around March 22. I have been nervously waiting to see if this was going to court, or if the CA was just looking for a Default Judgement if I didn't reply. Now today, when I got home from work, there was a message from the CA to return the call. WHAT DO I DO NOW????? I read that you should never talk to the CA once suit is filed. Any suggestions????? PLEASE??????

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OK.... I called. They just wanted to see if I would make settlement so they wouldn't have to go to court. I don't know if this debt is even mine. They told me it was charged off 11/2004. I told them to proceed with court because thats the only way I can get them to validate the debt. Any suggestions????

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If you proceed to court, you could easily wind up with a judgment.

Avoid a judgment at all (reasonable) costs.

That was a courtesy call, and they may even have the validation you seek right now (in preparation for trial), so why not ask them for it?

ETA: while I wouldn't generally deal with a CA, when it's gotten to the point of a lawsuit, it makes sense to deal with the lawyers. A lot of lawyer business is done by telephone.

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Realize that a motion for summary judgment generally must be viewed in the most favorable light to the non-moving party.

It's also generally done after an answer.

(All of this is subject to the rules of civil procedure in the court they filed in.)

Therefore, if you assert SOL, and move for summary judgment, if NO evidence has been submitted in an exhibit that SOL is up, then the judge has to rule in their favor.

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you may want to check your local court records to see other suits brought about by your CA. I found one CA bugging me that only wins default judgments and loses for want of prosecution all cases where the defendant shows up.

as part of your responses to the lawsuit, have you requested any discovery?

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Realize that a motion for summary judgment generally must be viewed in the most favorable light to the non-moving party.

It's also generally done after an answer.

(All of this is subject to the rules of civil procedure in the court they filed in.)

Therefore, if you assert SOL, and move for summary judgment, if NO evidence has been submitted in an exhibit that SOL is up, then the judge has to rule in their favor.

So a motion for summary judgment would be appropriate only if they failed to respond to your request for admissions on time, therefore admitting that the debt is SOL, etc.... right?

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All I did was file my answers and defenses. I didn't mention SOL becuse I don't know for sure. This was my defense: DEFENSES : 5. Plaintiff’s Complaint therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. 6. Defendant reserves the right to amend and/or add additional ANSWERS and DEFENSES at a later time. WHEREFORE, Defendant respectfully submits that the court dismiss or deny the Plaintiff’s complaint and request that this lawsuit be dismissed and that a judgment be entered against the Plaintiff for any counter-claims, costs, or attorney fees.

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There is NO court date scheduled yet. At the courthouse they told me to wait for the CA lawyer's next move. Sometimes the CA's only want default judgements and just let the lawsuits, that were answered, sit because they do not have the time to pursue. Any input from anybody??????

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If you want to see what they have, use the discovery process to see what documents they have to linking you to the debt. You're looking for things that link you with the OC, not some recent computer generated printout. In my opinion, you need to know what they have against you before you settle with them. If they can't produce anything in Discovery, then they probably don't have any proof linking you to the debt.

j

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So a motion for summary judgment would be appropriate only if they failed to respond to your request for admissions on time, therefore admitting that the debt is SOL, etc.... right?

No, because that would not be viewing the non-moving party's case in the most favorable light.

A motion for summary judgment is only appropriate where there is no triable matter of fact, and a judge can make a ruling based solely on evidence presented and law.

SOL would be a triable matter of fact.

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Patenaude and Felix are very unethical lawyers. After they were able to get a default judgment against me because I was never served, they then tried to garnish my wages. They then called me and left messages that seemed more like a JDB then a lawyer.

I know others have said you should talk with them, but I am a believer in things in writing. Anything you have to say to me put it in writing. I don't trust them because I have seen how they have fabricated documents that they then submit to the courts like it is the truth. If you are going to take this on yourself, I would advise you to spend a lot of time at the law library and talk with a lawyer for back up. Above all, don't think Patenaude and Felix are your friends or that they are after a fair outcome. They are all about getting your money, anyway or anyhow.

Resse4JC

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Does Patenaude & Felix keep good records???? Do you think they can prove in court that the debt is mine and SOL???? I know I don't need to prove it, THEY MUST. Will they get records from the OC which is Cap One???? I couldn't validate because all I got from them is a summons. Then it is too late to validate. THANKS

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