Urgent--Court date in two days!

[action2010]

Hi,

This is my first post! I did a google search looking information on what my legal rights were and I just happened to find this forum. How resourceful! I was served two weeks ago by Capital One bank for 1700.00. An agreement was not attached to the summons. I contacted the attorney listed on summons and offered 1000.00 (over the phone). The debt collection agency informed me they would speak with the attorney and call me back with a counter. They countered with 1500.00 which was more than I can pay. I have not had any communication with them since last week.

My question: My court date is on April 15th at 9 am! I am just now reading through the forums and there is sooooo much information on arbitration that I am overwhelmed with all of the information and where to start considering the LACK of time I have.

At this point, there is not enough time to send a certified letter (before the court date). I read something about filing a motion with the court clerk. Is it too late for this? Could someone lead me in the right direction? I HAVE read through the forums, but I am really pressed for time so I was hoping someone could give me a more direct answer tailored to my situation.

Also, I'd be willing to settle for between 800-1000, but I cannot afford anything more than that.

What action(s) should I take immediately? Anything I should be reading up on prior to my court date?

[trueq]

You need to show up and say "I contest".

Its better if you file a formal answer.

In my jurisdiction, filing a formal answer eliminates from having to go to return date.

Exercise the arbitration clause.

Read this:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299152

this:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299233&highlight=scoreboard

this:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=300153&highlight=leverage

and this:

http://www.debt-consolidation-credit-repair-service.com/forums/showpost.php?p=1027530&postcount=11

As you can see, we have been beating Cap1 senseless.

Its up to you.

I'd choose not to be a lemming and fight.

[action2010]

Thanks TrueQ for your fast response!

I have a couple of questions since I am literally brand new to this. So, would you suggest that I show the judge that I rattempted to settle and show proof that I received a letter from the lawyer (afterwards) saying that my offer of 1000.00 was denied or would it be hazardous to even bring this up?

When you say "file a formal answer", I assume you are suggesting that I file a motion w/ the courts prior to my hearing?

Then...exercise the arbitration clause?

Just trying to make sure we're on the same page! THANKS!

[trueq]

The judge or presiding court officer only wants to know if you admit or deny the small claim.

Nothing in way of facts will be discussed.

Say you "contest". It will be set for calender.

I'd still formally answer. I'd MTC arbitration.

That will derail the case for a good, long time. Many times doing this will get dismissa...but no promises, every situation creditor lawyers react in many verious ways.

[action2010]

TrueQ,

I don't know how you started doing this...but you are an absolute godsend to this board...giving people invaluable advice for free! Thanks so much and i'll be sure to keep you posted after my hearing tomorrow.

Thanks again!

[trueq]

You learn to kick some legal butt!

2 of those cases I lost to same bank, right out of the gate on a BS SJ hearing with a sham creditor affidavit (one my wife's card, one mine) and decided "losing really sucks".

I researched all over the state at various courthouses and picked up the best consumer attorney tactics, but realized the judges in my county had already made up their mind I was guilty. I was not getting dismissal on same issues, with same brief, and same circumstance.

Arbitration was the answer in my state. Even if I lost arbitration, my state makes it almost impossible to confirm credit card arbitration awards. Arbitration awards mean nothing unless confirmed in court. When MBNA let the 2 NAF arbitration awards expire worthless, I realized they fear the Coady vs. cross Country Bank ruling in my state.

That's how I started out. Since then the NAF debacle happened taking the one scam arbitration forum out of play and I soon realized the "fee hammer" JAMS and AAA represented on the non consumer party because both of them feared the fate of NAF.

I think I am 90 days away from taking more money from them than they have taken from me!

I call that "war liberation day".

My consumer attorney thought I was Nuts! Then he saw the careful documentation I kept on opposing counsel trying to snake out of arbitration (violating my rights in the process) and how much creditor lawyer hated arbitration. He's a true believer. He's using it for his clients and told me the expense for creditors and JDB's is prohibitive...he's getting a lot of dismissal rather than the creditor/JDB proceeding.

My attorney can't keep up with all the lawyers and law firms we need to sue for trying to deny my right to arbitrate...EVEN UNDER COURT ORDER!

There is an attorney in Wash. State I correspond with and is reporting similar results we see here.

Will everyone win with arbitration? No.

However, many of us are. And those that "lose", you made the creditor/JDB work for it. An arbitration award still has a defense at confirmation. Just get a good lawyer and oppose the confirmation. In my case 2 "awards" expired worthless, so in losing in NAF, I won a shorter SOL than if they would not have arbitrated.

My other 9 cases have little to no activity or are about to be dismissed.

You can't argue with those results.

Edited April 14, 2010 by trueq