hey all i have a couple of questions i was served yesterday with a summons from ochard bank for 2326.85 I never had a ochard credit card but i did have a household credit card with hsbc i do want to pay up what it fair and all. is it possible to set up arrangements with the law firm who is handling the case or should i even waste my time trying to contact them and do that? also i am concerned with wage garnishment is that a possible ? the credit card is about 3 to 4 years old and i also live in New Mexico. what is my best course of action?
Yes, you can do that but they will probably want you to sign a stipulated judgment and that is a very bad thing to do. Yes Very possible. Immediately file a response to the summons with a motion for more definitive statements. Question almost everything they have stated. Also immediately follow that with demand for interrogatories, admissions, and demand for production of documents. Challenge everything that you can. You may very well want to file motions to dismiss for various reasons that may become available as the case progresses. Each document you prepare will also have to be accompanied with a notice of hearing and a certificate of mailing to the Plaintiff's attorney. get a copy of your rules of procedure and study them well. They are the best friend you will ever have in court. BB
help with judgement case when i do a motion for more statements am i asking for contracts with my signature and statements of things that i have used the card for and also with them sending me a letter saying that i have a ochard credit card but it in fact was a household credit card do i have a arguement because they never stated it was a household card on the collection letters ?
None of the above. What you are talking about comes under demand for production of documents. When you do a motion for more definitive statements you have to pick their statements apart piece by piece to see what it might be that you can complain that you don't understand. Your goal must be to make them explain what everything in their complaint means. You really have to play stupid. But you can't ask them to admit anything and you can't demand they produce any documentation. While you might get by with improper questions or demands, the chances are that the attorney will object or file for protective order from the court and shoot you out of that saddle.
