salmmmus Posted October 4, 2010 Report Share Posted October 4, 2010 Ever since this creditor lawsuit came about, I've been making payments through a debt counseling program to the attorney. The creditor never accepted the proposal from the credit counseler. But I've continued to faithfully make payments through the program. However, it was an attempt to prevent from going to court since I couldn't afford an attorney. I figured I either end up paying a debt i know nothing about or attempt to prevent it from going to court. Well, that didn'y work.Well, it has gotten to the motion for summary judgement. In there motion, they claim I have not made any attempts to pay and it also state the original amount sued for, which should be less by now.I wanted to mention in my opposition that I have made several payments going against what they claim saying I have not made any attempts to pay and have not made any payments.I was just afraid that the judge would automatically see me as guilty because i was paying.what do you think? Link to comment Share on other sites More sharing options...
Florida Wreck Posted October 6, 2010 Report Share Posted October 6, 2010 Do you have any way of knowing if the debt company actually paid anything to the creditor? There are some good debt counselors but according to the news, some that are just a scam.Either way, you can at least stall to keep learning, save money and keep your options open by filing a motion against summary judgement. There are some examples in the sticky thread "Sample Motions, Forms, Affirmative Defenses".It's tons better in my opinion that just letting them get a MSJ. You can state that you've paid in good faith and whatever else you find here and there on the forums. Look under affirmative defenses there to see anything that might look like it could apply to you and add them. Where I live it's free to file and at least buys you time. It bought me 18 months in the overworked court system where I live. Link to comment Share on other sites More sharing options...
BV80 Posted October 6, 2010 Report Share Posted October 6, 2010 However, it was an attempt to prevent from going to court since I couldn't afford an attorney. I figured I either end up paying a debt i know nothing about or attempt to prevent it from going to court. Well, that didn'y work.You don't know anything about the debt, and yet you're paying it? Did you answer the Complaint? Who is the Plaintiff? Link to comment Share on other sites More sharing options...
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