ASSET ACCEPTANCE OHIO SUMMONS = Help

Discussion in 'Credit Talk' started by usaf2010, Apr 7, 2009.

  1. woofer

    woofer Well-Known Member

    I understand you think you are going to get the amount reduced, but unless you do it by the court rules I don't think this is going to happen as this is NOT SMALL CLAIMS court where they give you a bit of leniency You do have a home they could attach and of course your future pay check. Perhaps it is time for you to get a lawyer to negotiate a deal for you. You say you owe around 3K... Well I am pretty sure that ASSet will except 1K and your lawyer may charge you 1000 bucks MAX to get the paperwork done.This way he can do a paid for full and get this taken care of, and also fix the other two debts when and if they sue. Myself I am like you and would not want to pay a JDB anything, and one time I HAD to really as the award was for high five figures but paid them off at less than the original balance when charged off which was LOW four figures. I DID get a lawyer for this though which cost me a mere $500 as I wanted to MAKE SURE THAT IT WAS DONE CORRECTLY and a DONE DEAL. You will find once your debts are taken care of you will feel a lot less pressure in your life as just to be able to answer the phone without looking at the ID is stress free : ) ALl the best to you! : ) Woofer
     
  2. Dumb Bob

    Dumb Bob Well-Known Member

    This is what ccbob just said:

    They say you can lead a horse to water.

    See * below.

    A judgment isn't about needing more time. Questioning the billing amount, issues like that, those are what this case comes down to, if you make it so.

    You would seem to have appeared and started your answer. Even if you are late, that might be better than not answering the complaint directly at all. They haven't set a date to try to get the default/summary judgment yet, have they? Dumb Bob would think that you should just get the materials into the court and sent to the plaintiff. Then if you want to work out a settlement, call them and start that. By avoiding a default, you do give yourself more time to settle.

    *So you are going to BK? Once they have a judgment, they aren't going to need to ask anymore. if you have assets, they will want them, unless they are clearly protected by various laws.

    Above you said you were planning to pay. If this alleged debt has allegedly been sold to someone else, you cannot pay the original creditor. In fact, you'll create more work for them because they might not even know who now owns it. It can be sold any number of times, and documentation isn't always exactly, well, robust. So if you pay them, they might not know who to forward the money to. Meanwhile the judgment holder will want to be paid and won't know that you paid the original creditor.

    It isn't that you need to be more brief, you didn't write War and Peace from what you posted here. Generally the answer should put the other side(s) on notice about what you are contesting, what you are agreeing with, etc.
     
  3. usaf2010

    usaf2010 Member

    Hmmmm...well I received word back from the Court today. They have scheduled a Pre-Trial hearing for September of this year.

    Guys I am truly not trying to be a nimrod when it comes to this stuff, but does anyone have a suggestion in regards to how I can address of the correct amount being owed? I know prior to this process it was suggested that I file a SWORN DENIAL by Creditthis, but I unfortunately read the post after I had sent my original response to the judge. Is this still a valid option, or is it only used prior to trial?

    I actually have a lawyer I can use, but do not want to go broke with lawyer fees either if possible, I do not start work until mid July at the soonest.
     
  4. Dumb Bob

    Dumb Bob Well-Known Member

    Your answer is just generally used to put the other side on notice as to your defenses to their complaint, what you are agree with, what you don't, including affirmative defenses like the statute of limitations.

    There will probably be a summary judgment motion and a chance for you to respond to that. Usually that means you respond to their summary judgment motion papers with a legal brief, that is a paper that makes legal arguments, and then you can include your own evidence. That evidence in a summary judgment hearing would generally be in the form of affidavits, declarations and the like, as well as business records and other documentary evidence.

    There may be rules how many days before the summary judgment hearing or later the trial that you must provide your affidavits to the court and the other parties, in this case the plaintiff. Follow those rules.

    That means do your homework and use the lawyer exactly when you need him.
     

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