smalt Posted September 17, 2008 Report Share Posted September 17, 2008 We haven't even finished discovery, have a pre-trial set for the end of the month and the atty. for Chase has filed a motion to attach my house based on the fact they expect to win. Should I do something? The house is jointly owned, but my husband is not any part of the lawsuit, it's only against me. The Notice of Motion says that this motion will be heard on Oct. 8th at 10:00. (which is a week after our pre-trial). The atty. wrote the notice, does that mean they've already set a date with the court to have the judge hear the motion? Link to comment Share on other sites More sharing options...
BTO429 Posted September 17, 2008 Report Share Posted September 17, 2008 Sounds like the date is set.Give us as much info as you can so we can help. All that attachment will do is make it hard for you to sell the house without paying the bill. Link to comment Share on other sites More sharing options...
smalt Posted September 17, 2008 Author Report Share Posted September 17, 2008 How did the date get set? Do they call and set it up before the motion is filed? i'm confused about that.Anyway the total debt is 14k, They offered to settle with a payment plan that totalled 18k (how generous). I answered the summons and we each sent discovery but neither one of us has answered yet.I plan to show up in court for the pre-trial and see what happens. It's a debt collecting attorney, on Budd Hibb's list of sleazeballs, collecting on behalf of the OC. The debt has not been sold and is within SOL. They've given me no proof that it's mine, which is something I asked for in discovery, but I'm assuming they must have it if they filed the motion to attach. Link to comment Share on other sites More sharing options...
BTO429 Posted September 17, 2008 Report Share Posted September 17, 2008 Maybe they don't have it, maybe they do. A lot of time ca's file in hope that the debtor wont show up in court so they get a quick default judgment.Just because they ask for the attachment does not mean the judge will give it to them either. Link to comment Share on other sites More sharing options...
rivergone Posted September 17, 2008 Report Share Posted September 17, 2008 when a motion is filed the judge sets date to hear. you say they have provided nothing as proof i assume you dv'd and filed a motion for discovery if that is the case, file motion to dismiss w/p and attatch green card and copys of, that you sent to plaintiff as proof. the motion should say you want case dismissed for plaintiff's failure to respond to dv according to fdcpa and non compliance to discovery. you can also file a motion to compell on discovery. but someone just posted their winning case and they advised to file dismissal motion right away. and again i am assuming you've done all this steps. I am not an expert this is just what worked for us. good luck! Link to comment Share on other sites More sharing options...
rivergone Posted September 18, 2008 Report Share Posted September 18, 2008 oops! i went back to you're post and realized i might be jumping the gun here, I quess my intentions was to suggest the next legal move not understanding that you might not have filed with courts any motion for discovery but asked plaintiff for. in any case if you have not you need to get familiar with court prosidure and case law in order to fight this, it can be done. there is alot of help here, you just need to be more forthcoming w/details of case. Link to comment Share on other sites More sharing options...
smalt Posted September 19, 2008 Author Report Share Posted September 19, 2008 I sent the "request for productions of documents" to the plaintiff and sent a copy to the clerk of courts. They have 20 days, which put us right about the time of the pre-trial so I won't have time for a motion to compel discovery. I could always have one ready for the pre-trial I suppose. I have not answered their discovery yet either. Link to comment Share on other sites More sharing options...
rivergone Posted September 20, 2008 Report Share Posted September 20, 2008 then I would ask the judge at pre trial for dismissal w/p for failure to verify debt according to fdcpa and use dv letter and confirmation that they singned and received. and them trying to collect without verifying is a violation so maybe you could counter suit. and maybe they will disapear. Link to comment Share on other sites More sharing options...
smalt Posted September 20, 2008 Author Report Share Posted September 20, 2008 They never sent me a dunning, so they were never DV'd. The first thing I got was the summons with no evidence attached. Link to comment Share on other sites More sharing options...
rivergone Posted September 20, 2008 Report Share Posted September 20, 2008 I dont think you have much to worry about, i doubt they will even show up. sounds like they want to scare you. you just make sure to be there. and admit to nothing. keep us posted to the outcome. good luck! Link to comment Share on other sites More sharing options...
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