nevragainwillIusecc Posted March 12, 2008 Report Share Posted March 12, 2008 Hello everyone, I went to a pre-trial conference yesterday because I was summoned to appear in court. The attorneys who got all this from the collection agency didn't have any of the bills or original contract. I'm not sure if I did the right thing, but I was so intimidated I agreed to paying $50 a month to these guys, because I got freaked when he said there will be a judgement put against you if you don't agree to some sort of settlement. I'm not working because I have a baby, and am now kicking myself about not accepting the judgement. What are the consequences of getting one? Please write back. I need to start making payments by Aprill 11th. Link to comment Share on other sites More sharing options...
willingtocope Posted March 12, 2008 Report Share Posted March 12, 2008 Did you agree to payment before the judge, or were you just talking to the debt chaser? If it wasn't before the judge, my suggestion (I'm NOT a lawyer) would be to call the jerks office and tell him that upon further review, you don't even know if this is your debt. Tell him to prove it to you in court.On the other hand, if it was in front of the judge...you might want to see if there is a www.naca.net lawyer in your area that would be willing to give you some free advice. Link to comment Share on other sites More sharing options...
BTO429 Posted March 12, 2008 Report Share Posted March 12, 2008 If you think for a minute you can beat a CA then never settle before court. The always use this tactic, Especially when they have weak proof. You may be able to file a request to vacate or set aside the judgment, State in the motion that you agreed to a settlement only because you felt intimidated by the statement they made to you.You can find a sample motion to vacate in the sample letter section on this site. Some states call it a motion to set aside. Link to comment Share on other sites More sharing options...
nevragainwillIusecc Posted March 12, 2008 Author Report Share Posted March 12, 2008 Did you agree to payment before the judge, or were you just talking to the debt chaser? If it wasn't before the judge, my suggestion (I'm NOT a lawyer) would be to call the jerks office and tell him that upon further review, you don't even know if this is your debt. Tell him to prove it to you in court.On the other hand, if it was in front of the judge...you might want to see if there is a www.naca.net lawyer in your area that would be willing to give you some free advice. I guess I'm the fool for not asking for proof. The only thing the judge asked me was do you agree this is your debt? And, I said yes. Then they sent us both outside to try and settle. We went back in the courtroom after I agreed to $50 monthly and the judge then sent us downstairs so I could receive a copy, the attorney got one and I guess the other dude worked for the court. I will go to naca.net and see what I can find. Thank you! Link to comment Share on other sites More sharing options...
nevragainwillIusecc Posted March 12, 2008 Author Report Share Posted March 12, 2008 If you think for a minute you can beat a CA then never settle before court. The always use this tactic, Especially when they have weak proof. You may be able to file a request to vacate or set aside the judgment, State in the motion that you agreed to a settlement only because you felt intimidated by the statement they made to you.You can find a sample motion to vacate in the sample letter section on this site. Some states call it a motion to set aside. I will find that sample letter, and try the same. This was my first time, and I nearly peed my pants! One more question-How do I make certain what they sent me after I DV'D them is weak proof? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 13, 2008 Report Share Posted March 13, 2008 just make sure you open up a different checking account if that is how you are paying them. Open it at a another bank and pay them ONLY out of that account because if they have access its a good way to for them to go in and get more.. its not legal but they do it.. so protect yourself and only keep maybe a few dollars extra in it as well Link to comment Share on other sites More sharing options...
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