Scared, what to expect in court

[plshelpme1]

What will happen? will i be drilled a 100 questions? Will, I get a chance to say my side of the story? how long will it last? If I lose, what happens next?

will they except some type of payment plan, or just garnish my wages?

So, afraid of all this mess.

Thanks!

[BV80]

If your court posts court rosters online, and, better yet, allows you to search Plaintiff's names, see if you can find out the dates and times of other cases involving the same Plaintiff and attorney. If there are any cases where the Defendant answered the Complaint, it would be best to note the date and time of those cases. Hopefully that would mean the Defendant is going to show up to defend him/herself. Then, if possible, go sit in the courtroom and watch.

[tropicaljo]

plshelpme1, Don't be afraid, dear. The creditor is counting on you being afraid and you are playing right into their hands. Everyone has financial issues eventually (unless you are extrememly lucky), so know that you are only one of millions in this regard. My favorite thing to tell young people who are new to the "debtor" experience is, "Creditors can't eat you, beat you, or put you in jail." Can't remember where I first saw that, but it is sooo true. So take a deep breath, let it out, and know that whatever else happens, this is a part of life and you can get thru it with your dignity intact.

Read around here on CIC. Folks here are always ready to help. You haven't really posted enough about your situation here to define what is going on or when you are due in court, so all I can say is that I wish you the best.

[plshelpme1]

Thank you, a little more history

All I ever got was the original summons that I answered May 2010

Then nothing but a trial date letter in the mail 1st of March showing a

Trial date of June 13th. This is on a discover card

Acct that the last payment was made 12/2006

I looked at the Alabama Civil Law site and could not find a timing for a discovery letter, should I do one now?

The Alabama SOL of Credit Cards is 3yrs, is it worth trying to get the case dismissed on this. The credit report even shows the last payment of 12/2006.

Thanks so much for all the help.

[jq26]

Are you in small claims? Be confident. You need to see the date of filing and compare to the date of delinquency. Show the Alabama statute showing 3 year SoL, and then ask the judge why the plaintiff is wasting the court's precious time attempting to sue on a debt that is outside of the statute of limitations.

[BV80]

Thank you, a little more history

All I ever got was the original summons that I answered May 2010

Then nothing but a trial date letter in the mail 1st of March showing a

Trial date of June 13th. This is on a discover card

Acct that the last payment was made 12/2006

I looked at the Alabama Civil Law site and could not find a timing for a discovery letter, should I do one now?

The Alabama SOL of Credit Cards is 3yrs, is it worth trying to get the case dismissed on this. The credit report even shows the last payment of 12/2006.

Thanks so much for all the help.

It sounds like they're suing over a "written contract". That's a 6 year SOL in AL.

[donqII]

It sounds like they're suing over a "written contract". That's a 6 year SOL in AL.

On this site they say 3 on credit card/written for Alabama.

http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php

If that is the case, then OP is good to go for this.

[plshelpme1]

Sorry what is OP, dumb question I know

Thank you!

[plshelpme1]

would it be worth sending a motion letter in for it to be dismissed being over the SOL?

[GDayMateAZ]

Sorry what is OP, dumb question I know

Thank you!

Original Poster

[plshelpme1]

Lol thanks

[Bigwoodystyl]

http://www.alabamaconsumer.com/CM/Articles/SuingYouAfterTheStatuteOfLimitationsExpiresViolatesTheFDCPA.asp

http://www.alabamaconsumerlawblog.com/2008/03/what_is_the_statute_of_limitat.html

[voidjudgment]

The Watts Law Group is awesome.

[BV80]

On this site they say 3 on credit card/written for Alabama.

http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php

If that is the case, then OP is good to go for this.

This is from the AL Code:

Section 6-2-34

Commencement of actions - Six years.

(4) Actions founded on promises in writing not under seal;

(5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise;

(9) Actions upon any simple contract or speciality not specifically enumerated in this section.

It would depend on the claim in the Complaint. Hopefully the Defendant would be able to convince the judge the 3 year SOL applies. Perhaps AL has case law that states it's 3 years.

[tempteroffate]

Of course if they're going to sue on a breach of contract or a written contract, they need to provide said contract with your signature. If they can't provide one (which it is highly likely they can't) then you can use the 3 year SOL.