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Ongoing battle with Norfolk Financial


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Ok, some background.

Back in September I was sued by Norfolk Financial through their lawyer, who shall remain nameless unless you PM me.

I was moving away from the venue of the civil action, but I replied and got a case management conference scheduled - thanks to everyone in here for their help with my responses!

So then came the inevitable requests for production of documents, etc.

I was unaware that I had any kind of deadline on those, the case management conference was supposed to - according to the court - "set deadlines for discovery and interrogatory".

So the lawyer (still nameless) filed for summary judgment IN ADVANCE OF THE CASE MANAGEMENT CONFERENCE on the grounds that I didn't reply to interrogatory.

So I decided to do a little probing and see what they had on me. Turns out they had enough real legitimate information to make my life difficult in a full trial. Fine, so lets negotiate. It's a real debt, whatever.

So I negotiated a settlement. $2000 to be paid over 4 payments. Yeah, more than I originally owed, but it's not the end of the world.

I've made two payments, the next is due tomorrow.

So today I learn - via another forum - that Norfolk Financial is just one guy who keeps getting kicked out of state after state because he's slimy. He isn't licensed in MA, and has been kicked out of Rhode Island as well. His old office in MA is where the lawyer suing me now runs her organization!

So, here's where I need advice.

The case is continued until July, which is when my final payment is due.

The court is a substantial distance away - I'd have to take an entire day off of work to go there, and my new job hasn't accrued any time off yet. I'm not averse to making the drive IF I have both a clear game plan AND a good chance of getting my way.

How do I proceed? Has the fact that I'm 50% of the way through making payments pretty much screwed my chances? Should I prepare answers to the interrogatories and move forward? I tried to file a change-of-venue motion with the court but the clerk acted confused like it was something I'd need to argue in person - the difficulty of doing so was why I filed the motion... *sigh*

Essentially I'm concerned that the attorney and/or Norfolk Financial WON'T do the right thing vis a vis my credit report, and I'll end up no better off at the end of this. I haven't run my report recently but I believe there is a "collection account" for this case.

On the other forum, the defendant got his case with Norfolk and this lawyer dismissed - largely I think because they sued him in small claims which has a $2000 limit in MA. I am not so lucky, my case is on the civil docket.

Advice? Need more info? I'm at work, so I haven't got any of the papers in front of me at this time.

Thanks in advance! You guys have been great so far!

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I'd file a motion to dismiss on the basis that the debt is paid. Not sure how to word that one or what legalese to cite, but that should be good enough.

The lawyer should have dismissed the case anyway, based on your settlement.

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I'd file a motion to dismiss on the basis that the debt is paid. Not sure how to word that one or what legalese to cite, but that should be good enough.

The lawyer should have dismissed the case anyway, based on your settlement.

Well she's "holding off dismissing until all the payments are made", pushing out until then via a continuance.

I'm not worried about making the court case go away in this case, although that's a secondary goal. I'm worried about making the debt go away on my credit report - which is ALREADY looking better thanks to the advice of people on here. It's not great, but it's up from "very poor" to the underside of "fair", and once my student loans are cleaned up (late summer) it'll be firmly into fair if not on the top side thereof!

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