Swissy Posted March 10, 2011 Report Share Posted March 10, 2011 So, I go into court today and check in. I wait in the court room as several violations of probation's are going wondering if maybe the plaintiff had rescheduled or wasn't showing up. Eventually a lawyer came in and I went out in the hall with her and she had asked about what exactly I was denying. I said at this point pretty much everything. She asked if I lived at the address that's on the alleged statements I said yes. She said 'so you are saying you don't recollect having this credit card with chase?' (OC is WaMu) I said I never had a credit card with chase. She was looking through the statements and asked if I had seen them yet, I said no and she let me look. It seemed as if they may have all of the statements from the alleged account, and I saw a piece of paper, I think it may have been a bill of sale, I wasn't really sure I just glanced at it and asked if she had a signed affidavit from WaMu regarding the sale/assignment of the account. I gave her back the stack of papers to look through. She wasn't familiar with the case, or what exactly she had with her that much was obvious. I saw my old probation officer come out of court so I said hi to him and when I sat back down she said she was filing a dismissal. I'm guessing she felt she didn't have enough so why waste the time.She filled it out 'without' prejudice so I asked if this was because she intended on refiling it, and she said on the slim chance that they come up with the assignment and if not the SOL on it would be up Oct 2014. I was really happy/excited/relieved that this was even happening, and figured at the time I shouldn't fuss really. I wasn't prepared going to trial, had they had proper evidence and case law I most likely would have been eaten alive. I signed it and we went and made copies, she was nice enough so I said sorry you had to drive all the way out here (probably 2 hour drive for her). Then she said (I think) 'you got lucky, my witness didn't show up.' She may have said something else I'm not sure, but after I left I realized I should have refused the dismissal and brought her in court to hang her out to dry So it's somewhat bitter sweet, but I'll take it over a loss for sure. At least this time I will be able to prepare myself ahead of time, if they refile, even if they have some bona fide evidence. Until then I have to try to figure out what my next course of action is.Just want to give a big thanks to SingleDadJames and BV80. Without you guys helping me out I wouldn't have had the least bit of confidence going in there and most likely would have folded when she pulled out the stack of statements. Appreciate it more than you'll ever know 8)And also to any noob like myself, if you find this post or website after getting served, or dealing with whatever collections don't rely on dumb luck like my situation. Don't put anything off, try to understand that preparing for this will take a lot of time and dedication and you will use all the time you can get. Just my .02Did I say the attorney was hot? Yea, that was cool too. Link to comment Share on other sites More sharing options...
SingleDadJames Posted March 10, 2011 Report Share Posted March 10, 2011 (edited) Glad to hear it worked out man! I'm pretty confident their "witness" didn't exist. You took the time to educate yourself and that's what was the difference. Otherwise they just planned on offering their "evidence" against another uneducated consumer. Even if they do refile you bought yourself time and you are much more prepared to do battle next time.Way to stick to your guns! Edited March 11, 2011 by SingleDadJames Link to comment Share on other sites More sharing options...
BV80 Posted March 10, 2011 Report Share Posted March 10, 2011 WTG Swissy! Don't be surprised if they sell the debt, and you eventually hear from a JDB trying to collect. But no biggie. You know more now, it won't be quite so intimidating, and you'll be able to handle it. Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 10, 2011 Report Share Posted March 10, 2011 Michigan seems to be the location of alot of victories, way to go. Link to comment Share on other sites More sharing options...
Swissy Posted March 11, 2011 Author Report Share Posted March 11, 2011 Thanks all 8) Yea I'm kind of expecting something more to come from this, whether they sell it or refile it themselves. 3.5 years til the SOL is up, lots of reading to do. Link to comment Share on other sites More sharing options...
jackson212 Posted March 12, 2011 Report Share Posted March 12, 2011 congrats. you were smart to mention the bill of sale/assignment issue right off the cuff. that was great and always remember to repeat that next time (hopefully there wont be a next time, but if there is whip that out your sleeve.)this is good. you struck them down this time, i doubt they'll come back for you. if they had docs they would have asked for an adjournment and gotten their act together on the next hearing.i'd celebrate on this small victory Link to comment Share on other sites More sharing options...
Swissy Posted March 12, 2011 Author Report Share Posted March 12, 2011 congrats. you were smart to mention the bill of sale/assignment issue right off the cuff. that was great and always remember to repeat that next time (hopefully there wont be a next time, but if there is whip that out your sleeve.)this is good. you struck them down this time, i doubt they'll come back for you. if they had docs they would have asked for an adjournment and gotten their act together on the next hearing.i'd celebrate on this small victoryOh I am 8) Haven't had a 'win' in years. TY Link to comment Share on other sites More sharing options...
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