Jump to content

How do I answer the Judge?


N7SC
 Share

Recommended Posts

In Florida, Small Claims. For a pre-trial conf. the judge will likely ask if I admit or deny the claims of the plaintiff, a JDB, where I want to force the JDB to prove their case (they probably can't). What do I do if the judge does not ask in technical/legal terms, but takes a more easy-going, get-to-the-truth kind of approach and asks "Did you ever receive a credit card from XXX, did you use it, and do you owe them the money?" Or something to that effect.

Is he allowed to put me in a position to have to admit the debt or risk perjury, even if the JDB can not prove it? Isn't that kind of intimidating a defendant or possibly violating my rights to have the plaintiff prove their case (or make them meet their burden of proof)?

Link to comment
Share on other sites

You would say you don't know as they have not provided sufficient validation of the 'alleged debt.'

you did ask for validation?

As far as admitting to when the JDB issued you a card, think about it.

I'll bet you NEVER had a CC with the JDB....if it's from someone else, then you need to establish if they even have the right to collect on it.

Link to comment
Share on other sites

Did not ask for validation (yes, I know . . .). But from what I've seen so far, the JDB has nothing from OC.

What if the judge asks me if I ever had a credit card or account with the OC? Then what do I say, without admitting, and without looking like I'm doing a legal tap dance trying to avoid admitting that I did have the account with the OC?

Heck, can the judge take a "legal tap dance" into consideration, and decide, right then and there, that he thinks I owe the money and enter a judgement to that effect?

FWIW, even the court clerk says that most people, 85% to 90% never even show up for these credit card suits. However, the judge is said to be very casual or relaxed. I don't know if this going to be in my favor or not if I start filing denials and memoranda of law.

Link to comment
Share on other sites

Instead of a tap dance, you can do a side step. When teh judge asks you the Ultimate Question, you can laconically answer, " Well, judge, before I answer that I have to ask if it is true that JDB here has to prove to you that they have the legal standing to bring this action. I know I never did bidness with JDB and I think you and I have a righ tto know how they come here today. As to OC, I did have an account with them, but as I sit here today I don't think I owed them anything and I have seen nothing to say I do. Isn't that what the trial is for?"

Link to comment
Share on other sites

Instead of a tap dance, you can do a side step. When teh judge asks you the Ultimate Question, you can laconically answer, " Well, judge, before I answer that I have to ask if it is true that JDB here has to prove to you that they have the legal standing to bring this action. I know I never did bidness with JDB and I think you and I have a righ tto know how they come here today. As to OC, I did have an account with them, but as I sit here today I don't think I owed them anything and I have seen nothing to say I do. Isn't that what the trial is for?"

LOL! EXCELLENT ANSWER!

Link to comment
Share on other sites

now what if they have credit card statements with your name on it? Is it pretty much a done deal that you will have to pay the plaintiff?

not if they can't prove they have a legal right to collect on behalf of the "alleged" debt and not if they can't show how they came up with the balance. A CC statement only show that you had an account, not that you owe anything, unless maybe they have the final statement before CO.

Link to comment
Share on other sites

not if they can't prove they have a legal right to collect on behalf of the "alleged" debt and not if they can't show how they came up with the balance. A CC statement only show that you had an account, not that you owe anything, unless maybe they have the final statement before CO.

Depending on what you mean by "CO" that could bring up an interesting twist. If you mean "charge off", then, what do you think about this:

According to my credit report, the amount that the JDB is claiming I owed the Orig. Creditor is the "High Balance" shown on the Experian credit report. The Experian report shows a charge off or write off (they use both terms) of more than half of the amount that the JDB is claiming I owe. The amount that shows on Experian as the "Recent Balance" is less than half what the JDB is claiming I owed.

The Equifax report shows the account as charged off, with no mention of a balance as high as what the JDB is trying to collect.

Is this good for me, and if so, how do I use it, if I have to?

Link to comment
Share on other sites

now what if they have credit card statements with your name on it? Is it pretty much a done deal that you will have to pay the plaintiff?

a statement is just an accounting tool. it does not show proof that the amount listed is in fact owed. consumers have the right to dispute charges. statement are not a done deal as far as proof. anyone can type up a statement.

Link to comment
Share on other sites

Hello,

I want to thank all who helped me vacate several judgements in New York(especially Recovering Attorney). I have settled these debts for very little money. I even had written in the stipulation for Creditors to report deletions on all accounts. Thanks.

One last account--

I have this judgement from an AT&T/Palisades account which has inflated to $2700. Original debt was $1600. However, I have always disputed this account with AT&T. They claim I had a second phone and rang up these charges. I don't remember a second phone. I have an Order To Show Cause To Vacate. The plaintiff is taking a hard stand with this one. I'm sure we'll going to trial. My question is what other motion can I file to dispute the original OC debt. Not sure how to handle this one.

Thanks,

MS

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.