Going to court in 2 weeks...

[NonnaJo]

Hi All...Being sued by a JDB on a M/C. They are suing based on Account Stated which is 6 yrs and Open accounts are 3 yrs. If they go with Open account it is past the SOL.

I DV'd the suing Atty. and they responded only with the original demand letter. When I received the summons, I answered it with a denial and added that it was past SOL.

My question is...I found an Attorney who will go to court with me on this. Do I stand a better chance of winning, being represented by an Attorney, or does it really matter either way?

Thanks.

[debtorshusband]

IMHO, having an attorney gives you a better chance of winning. You're less likely to get taken advantage of by the other side's attorney, who will try to get away with anything they can if you represent yourself. The only argument against using an attorney is the cost involved.

BTW, an "account stated" cause of action claimed by a JDB should be easily beatable. One of the prerequisites for an account stated is for there to have been a previous relationship/transactions between the parties, and for there to have been an agreement as to the amount owed. The JDB will claim they sent a statement and you didn't object, so it becomes an account stated, but that doesn't cut it.

DH

[rivergone]

i would be intrested in that as well. my husband will be in court in march and got bad advise from a attorney. his did not even advise on sol. and he has been to court on a bussiness matter with a very good attorney even though it should of been an open and shut case in his favor the judge ruled the other way. not all judges know all laws, in ower town none have a law degree. if you are confident on the attorney and are willing to pay his fees and the plaintiffs if the judge rules in thier favor then go for it, but be mentally prepared either way. good luck and keep us posted on the outcome.

[kevin3344]

I won my case with a naca atty so it was well worth it. I wouldn't recommend going it alone. Make sure you find an attorney that understands the FCRA and FDCPA.

[NonnaJo]

Thanks a bunch for your thoughts and advise! I'll keep you posted. Wish me luck!

[NonnaJo]

Hi All! First of all, thank you for all of your thoughts and ideas. It is much appreciated.

I went to trial on my case, and the Judge ruled in favor of the Defendant....ME! It all went really fast when I stepped up before the Judge. Before I knew it he told me Congratulations!

There were about 15 no show defaults, and the 3 or 4 others were older elderly couples (who had no clue) that went out and talked with the atty. and reached agreements.

So People need to show up and put up a fight! Don't let them get you on default.

Good Luck to you all. Thanks again.

[trueq]

Well done!

Showing up is alot of the battle! Those other 15 default no-shows is what the other attorney wants! life is good for him when other side does not show.

I caught an opposition lawyer in a conference room studying up on my case for 45 minutes before a hearing. I'm on his list as a "problem" defendant.

45 minutes for what? He's supposed to be a bar attorney, he should be able to handle a pro se' litigant. The hiddden secret is that a lot of lawyers are not ready to handle a reasonably educated pro se' litigant. They count on the "no fight" option most of the time.

[mwhizz]

I won my case with a naca atty so it was well worth it. I wouldn't recommend going it alone. Make sure you find an attorney that understands the FCRA and FDCPA.

I agree ... I also won my case with a NACA atty. I went pro se for 3/4th's of the way and the judge told me in so many words that I would not win without an attorney so I found one and was so blessed that she took on the case. She wrote a resonse to their revised MSJ and we revised my ANSWER and submmitted a sworn affidavit. We won.