Jump to content

Received order of mediation from court. Do I need an attorney for this?

Recommended Posts

Hi !

I am in AZ being sue by Hammerman and Hultgren PC on behalf of CA Asset Acceptance LLC. Long story short - Hammerman sent a summons, I answered, now I've received a court order mediation for 1/08. I've been requested share all know information about this case. The CA claims I made a payment in 5/2005, which i guess reages the account(?) I pulled a CR and it looks like the OC account is scheduled to fall off in 3/2008. I don't remember this payment and have ordered bank statements to prove it. A friend who is a lawyer called on my behalf and asked about settlement. They want $5k in 30 days( principle and Interest). And if I can't do that they want that amount plus $2k in court fees and some other charges that total $9K on a payment plan of $500. I would like to settle but don't have either of those. I can come up with about $3K cash. I would like to consult with atty. How do i find a consumer law atty?

Link to comment
Share on other sites

Don't settle with out one hell of a fight. They likely have very little proof to back up their claim. Attack them in discovery with a good lawyer (or lack of sleep, read up on your state laws and here) and they can be beat.

Chain of title, (IE proof of the change of hands of the debt all the way back to the OC) proof it is your account. Proof you made a payment, make them prove everything they claim.

From the fall off date it looks like you defaulted in 03/01 Lets get some state law for you to look at. you can probably do this one yourself as this bad boy is SOL..

First the alleged payment. Does not matter if you really made it or not.. see

95.04 Promise to pay barred debt.--An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.

IE, unless they have a signed agreement with the alleged payment. SOL is not reset.

The longest SOL in FL is 5 years for written, 4 years for open contract, it's almost 7 years. Use SOL has your defense in court. The info on SOL and time limits is in 95.11 of FL state code.

Of course, double check this with a lawyer.

I got this information from..


Link to comment
Share on other sites

This topic is now closed to further replies.

  • 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.