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Am I too late to do anything? Trail Case Tomorrow


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Capital One sued me in NYC for $4500 debt. I answered the summon and my trail is tomorrow.

I have no idea what to do so I goggled online and found this site. When I answered my complaint. I used the court form and chose

x I have paid full or part of the debt

x I dispute the amount of the debt

x Unjust Enrichment

Is there anything that I can do now? I don't know what to do for the trail tomorrow.

I simply can't pay the debt until I find a job. I ll probably file bankruptcy if I still can't find a job. The stress is just too much. I owe about 35K in credit card debt.

Edited by thetaro
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object for Hearsay, Lack of Foundation, improper foundation, lack of personal knowledge of the affiant(this is for if they submit affidavits), also object that none of it was given to you in discovery.

Now the trials usually go like this:

You arrive a little early and while sitting in the hall they try to come up and get you to admit.

don't admit anything don't loose your cool. just tell them You all copies of all the evidence they intend to submit and I will move to strike all of it as untimely, and lacking foundation, so we can go into court and I will strike all this or you can dismiss with prejudice now.

they will be mad.

when they let you in check in with the clerk, make sure you check the calendar posted on the door find out what number you are in the line.

when the case is called state your name and that you are representing yourself.

they will start by making their opening statement, let them make it. ask if you can differ your opening statement until after plaintiff rests their case.

then object to everything they submit for the reasons earlier

they will try to submit an affidavit(object for hearsay, lack of personal knowledge, improper foundation, and anything else)

they will try Bill of sale(object that it doesn't specify the ALLEGED account(get used to saying that))

Then they will try submitting billing statements(deny having recieved them if you didn't recieve them;) They don't show charges = not mine)(objections again)

then they may call you as a witness(I don't remember that or this)(I diligently searched and reasonably inquired about the thing)(No) all good answers

after the plaintiff rests move for a directed verdict to see where the judge is leaning.

I don't know what kinda case you can put on but look here for something

I wish you would have come here sooner so you would have a fighting chance. Maybe they will dismiss before trial. I think if you do these things you have a fighting chance. They think you have no game now you have some do these things it is possible to win.

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Thank you so much for your reply.

I honestly wanted to pay back the debt after I get a job cause I actually own it even though they added a lot of fees and interest.

Do you think it's still possible to settle with the creditor and make a monthly payment of less than $100? I don't have any asset and there is nothing they can garnish. Even they win the case, they are not going to get anything. They may push me over and I ll just file bankruptcy to get out of the stress.

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they will try to submit an affidavit(object for hearsay, lack of personal knowledge, improper foundation, and anything else)

they will try Bill of sale(object that it doesn't specify the ALLEGED account(get used to saying that))

Then they will try submitting billing statements(deny having recieved them if you didn't recieve them They don't show charges = not mine)(objections again)

The OP is being sued by the original creditor.

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I ll probably file bankruptcy if I still can't find a job. The stress is just too much. I owe about 35K in credit card debt.

From my perspective, BK is the best option. If for nothing else, peace of mind. Check out BK Forum for many others in similar straits and good guidance.

BK is never the end of the world but normally a good start to a new world. On a personal note, my credit score is 714 after just one year. Bk dislodged me from approximately 68,000 in debt. And I waited too long, as most people do.

When the handwriting is on the wall, read it.

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From my perspective, BK is the best option. If for nothing else, peace of mind. Check out BK Forum for many others in similar straits and good guidance.

BK is never the end of the world but normally a good start to a new world. On a personal note, my credit score is 714 after just one year. Bk dislodged me from approximately 68,000 in debt. And I waited too long, as most people do.

When the handwriting is on the wall, read it.

The problem is that my wife makes over 80K and I can't file Chapter 7.

Most of the debt were from the college tuition and stuffs. There is no reason my wife should pay for my debt that I got before we married.

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You might find a lot of student debt you can't discharge.

I'd ask for a continuance. You might get it even this close to trial. The problem you might have with objecting as hearsay to anything without a live witness is, your state might have a rule that if you don't raise an objection prior it's admissible.

Your post does not state if you asked for discovery. Since you just found this place and the case is tomorrow, I'm assuming you did not serve discovery.

Settling right at the last minute (on the courthouse steps is what they call it) is pretty much the norm. A trial hardly ever happens. However, I don't see making less than 100.00 payments as something they will go for at this stage.

Here is the one thing that really sticks out. This is an OC, it's Cap One (one of the most sue happy), by your own admission you don't really know about the law or procedure, and you admit in your answer to making payments on the account. So why no motion for summary judgement by Cap One.

With what you posted, summary judgement is written all over this. Are you sure it's a trial tomorrow and not a pre-trial hearing. If it is really a bench trial, then something is up with their evidence if they did not try to go for summary judgement.

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On a side note, if you honestly can't pay the debt right now, without a judgement against you, having them get a judgement does not mean you can now pay the debt.

A judgement against somebody that is judgement proof is useless, at this time. The problem is, will you always be judgement proof. If it's tomorrow, give it your best try. Just remember your going home no matter what after the trial. If the judge is going doing any criminal cases prior to your case, look over at the guys being led of in handcuffs after they see the judge. Just remember that won't be you no matter what.

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On a side note, if you honestly can't pay the debt right now, without a judgement against you, having them get a judgement does not mean you can now pay the debt.

A judgement against somebody that is judgement proof is useless, at this time. The problem is, will you always be judgement proof. If it's tomorrow, give it your best try. Just remember your going home no matter what after the trial. If the judge is going doing any criminal cases prior to your case, look over at the guys being led of in handcuffs after they see the judge. Just remember that won't be you no matter what.

I don't feel bad for the banks and I don't feel guilty for anything as they are the reason I don't have a job after I graduate. I know I have nothing to lose. I am trying to avoid doing anything that would affect my wife. For example, they may garnish my bank account and I would have a problem cashing our tax refund.

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They may garnish my bank account and I would have a problem cashing our tax refund.

That problem is very easy to fix. On the way to court stop at a bank and open a new account. If you have outstanding bounced checks out, open a savings account that is not elgible to be overdrawn.

Lose the case and get called back to court to disclose property and bank accounts, no problem.

Answer the question about where you bank, then on the way home stop and open a new account. You just told the truth under oath. They asked where you bank and you told them the truth. They did not ask where you will bank 30 min after answering their questions.

My favorite, open an online bank account with a bank that has no branch outside the sate of Delware. Creditors can't levy (you used garnish) a bank account in the state of Delware.

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