I got served yesterday regarding a tuition bill that I had been contesting. I wasn't contesting the bill, just the amount. They've baked in a lot of interest and what not. So I bassically need to know what to do now. I don't have the money to pay the entire bill. Should I get a lawyer? It says I have 20 days to respond. What type of lawyer to I get? Where is the best place to find one if I need one? I'd like to keep this out of court. Is that a possibility at this point. Your quick replies are much appreciated. Misterman
You may or may not need a lawyer but you definitely want to respond. See some other threads about that to see if you want to represent yourself. Sometimes these cases can be won just by fighting. They often expect (i.e. count on) the debtor (you) to not show up so they can just get a slam-dunk summary judgement against you. Too late for that, it's already in court and the ball's in your court (to mix metaphors). You'll have to fight and win or lose and pay. You might be able to pay or work out a payment arrangement and get the case dismissed, but it's already in court.
Keep an eye on the time limit to respond to the suit. As mentioned above, just answering the suit is a huge step, they dont expect it and hope you are a no show for anything. Just make sure you answer the questions and double check the date so you can have the answer in the courts and attorneys hands before the due date.
The fact that you object to the amount of interest and other charges is not an answer the court will pay any attention to. Count on the fact that the only question before the court is whether or not you owe the debt, not whether you disagree with the amount. If you answer that you disagree with the amount of the debt you will have admitted that you owe the debt and there will be no further discussion. The court will immediately grant judgment and you will pay the full amount of the judgment. While you may not think it fair that is just the way it is most of the time. There are exceptions when you can prove that they are fibbing to the court about whether or not you actually owe the debt. I've seen landlord-tenant disputes where the landlord was making claims that the defendant could prove beyond a shadow of a doubt were untrue and unfounded but that isn't going to be the case in your situation. A case I can use as an illustration is if the landlord claims that the tenant moved out owing a big electric bill but the defendant can prove from power company records that the electric service was in his name at all times and that he paid the electric company all that was due and owing and got his deposit back from the electric company. Another possible situation might be where the landlord claimed that the tenant left the apartment and there were pet stains on the carpets but the tenant can prove that he never owned a pet and therefore the stains must have came from the roof leaking and the fact that he had complained about the leaking roof several times to no avail so finally had to move out because of it. Something like that but you don't have those kinds of arguments and proofs. So your argument that they have overcharged you will only get their judgment hung around your neck like a dead chicken. So what will you use as your answer to the court?
