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Going to Court on Thursday...


Chopper9
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I was served papers via USPS, and now have a court appearance this Thursday for an outstanding credit card balance.

That balance, originally for Discover, is now being sought by a collection company called "Professional Investment & Finances, LLC".

They are seeking the $2000 in charges, plus $1100 for court fees, etc.

I have not paid on the account since 2003, and it appears I am still within the SOL time period here in Ohio.

Is there any advice on what I should or shouldnt do in court this week?

And yes, I have full intentions of going... just not sure what I should or shouldnt say once in mediation.

Thanks.

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Waiting until late Tuesday evening to ask about a Thursday court date doesn't allow a lot of time to do anyting other than to go...I would have hired an attorney a long time ago (or at least consulted with one) to see if you can mount a reasonable defense.

At this point, if the debt is yours you are probably going to loose but do your best to make them prove it's your debt - don't just let them get away with claiming it's yours.

If they do get a judgment, I suggest you try to work with their attorney to arrange a payment schedule you can live with; that's probably a lot less painful than what they can do to collect if you force them to do it the hard way.

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Thanks Robert. It is actually my girlfriend who just told me about it, not my own case.

She is willing to pay whatever back... this case came out of the blue... 5 years ago she was involved with a wrongful firing and sexual harrassment (victim) case, so that was the cause of her financial troubles.

The last 4 years she has been paying on everything fine (except the closed/sold accounts), and one day she got a notice on her door.

I just wanna give her a little ammo when she goes in there instead of getting railroaded.

So should she just flat out ask him to "prove it"... or is there a better/more tactical way?

Also, at this point in time... would she be out of line trying to negotiate how much she owes?

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I don't know how much money is involved or what kind of funds she has available but I think the best suggestion I could offer at this point would be to find an attorney today and see if you can get a continuence - that would give the attorney time to see if there is anything he/she can do.

Of course, if the amount owed is small enough then it probably isn't worth that kind of effort.

If the debt is hers then she will almos certainly loose when she goes to court without either good reprsentation OR having spend some considerable time learning what she needs to know so that she can competently represent herself.

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