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Bad news - Judgement awarded against me


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Well, no one can say I didn't try.8] I regret to report that with all the good advice you kind folks have given me, I was unsuccessful in my attempt to fight this suit.:-(:waah:

The judge claimed a 10yr SOL:evil: and allowed the Plaintiff's avidavit in as evidence. He said the problem was that I did not deny it in my answer.:confused: My answer only claimed old debt and incorrect amount. :oops: He refused to allow me to enter a new defense (attempt to have Plaintiff prove ownership of the account) because he said it would be unfair to the Plaintiff who is entitled to time to prepare their case.

Back to the avidavit and the incorrect amount, when he said that since it was in their avidavit it meant they were swearing to the accuracy of the amount. I said that by doing so was unfair since the witness who signed the affidavit was not in court so I couldn't cross-examine the witness. He insisted that that didn't matter. :rolleyes:

So, at this point I guess the fight is over.:sad: I'll pay it when I can afford to. According to the Plaintiff's attorney, who I trust my child's life on (NOT!), she will advise her client NOT to proceed with discovery since I showed her that, at this time, I have no means of paying the debt. The judge said, "I would advise you to do so." Hopefully that means I will not be hauled back into court anytime soon!

Again though, I truly appreciate the help all of you have given me. :IThankYou: I will now begin working on getting my credit report straightened out.xrulesx

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You could appeal but you will not get a stay of enforcement.

You could argue that the affidavit was inadmissible as hearsay, but if there was no jury, the judge becomes the fct-finder, and it will be argued he is entitled to accept it and give it whatever weight he wanted to. Your key argument here, in my opinion, is that since you put the amount in controversy in your answer, there was a credibility issue that demanded lve testimony. Thi sis especially true if the plaintiff was a JDB, since they cannot have personal knowledge of the debt they bought.

Second, I would argue that standing is a fundamental issue that the court must find, especially in the face of an alleged asssignment, so it was error for the judge not to inquire into it. The judge was not incorrect when he poo-poo'd you, but he was equally incorrect in not asking about it, imo.

However, note that by appealling, you are asking that the matter be remanded to the judge for a new trial. How happy do you think the judge will be about that?

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The judge sounds like he ignores all the primary rules of evidence.

One of the great things about your case is your shared learning experience documented here for everyone else....

1.) Demand a jury trial.

2.) Get all your affirmative defenses in a written answer early and on time.

3.) Motion to strike inadmissable hearsay "evidence" early and often.

I would agree on the appeal thing, but if you have no assets and you are not married yet, could you just declare Ch.7 before the wedding and get the judgment wiped? Ch.7 would be easier than the appeal. (If you have a lot of non-exempt assets, this option is out)

You could rely on your new husbands credit after a Ch.7 for big marital purchases.

Settling would be an option, they may go for a 50% settlement. Ask the soon to be hubby, he may prefer a lump sum discounted payment to the creditor instead of a Ch. 7 for you.

You still have many options, its not the end of the world or anything.

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Wow...thanks to all of you for your answers and concern. :)

I'm still playing yesterday's events over and over in my head trying to decide what I will do.:? By no means am I too scared to fight it. I simply am not confident enough in myself to do this appeal process pro se.:cry: Furthermore, my time is so limited. I'll keep thinking about this for a couple of days while I do more research. ;)

Again though, I thank everyone for your help. 8]

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You could appeal but you will not get a stay of enforcement.

You could argue that the affidavit was inadmissible as hearsay, but if there was no jury, the judge becomes the fct-finder, and it will be argued he is entitled to accept it and give it whatever weight he wanted to. Your key argument here, in my opinion, is that since you put the amount in controversy in your answer, there was a credibility issue that demanded lve testimony. Thi sis especially true if the plaintiff was a JDB, since they cannot have personal knowledge of the debt they bought.

Second, I would argue that standing is a fundamental issue that the court must find, especially in the face of an alleged asssignment, so it was error for the judge not to inquire into it. The judge was not incorrect when he poo-poo'd you, but he was equally incorrect in not asking about it, imo.

I'm asuming standing means entering a new defense during testimony/trial? As for assignment, I'm assuming this means "issue/subject matter"?

However, note that by appealling, you are asking that the matter be remanded to the judge for a new trial. How happy do you think the judge will be about that?

Thanks for your input.

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Standing in this context means that they are entitled to bring this action.

Imagine I find one of your old bills and I sue you just by filing an affidavit claiming I purchased the debt and I am entitled to interest, attorney's fees, etc. Did I really buy it just because I said so myself? There must be some corroborating evidence from the OC.

Some judges can be so lame....

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Standing in this context means that they are entitled to bring this action.

Imagine I find one of your old bills and I sue you just by filing an affidavit claiming I purchased the debt and I am entitled to interest, attorney's fees, etc. Did I really buy it just because I said so myself? There must be some corroborating evidence from the OC.

Some judges can be so lame....

Thanks for the clarification. It's starting to make more sense to me now. The more I read the threads/pages around here...the more kicking of my own a@@ I do. Why couldn't I have found this place a month ago?? Grrrr

As for the lame judge... I'd be willing to bet that those types aren't really lame or ineffective...they are simply greedy for more "tips" from the attys.

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