Deputy Sherriff delivered to me a summons 6/20/08 to appear in Court 7/9/08. Papers were filed with the County Clerk 5/27/08 by a Lawfirm for CA, along with the summons was an Affidavit dated 3/17/08 stating I owe $16,897.50 From credit report: Status: Account charged off/Past due 150 days. $13,221 written off. $14,971 past due as of May 2008. Status Details: This account is scheduled to continue on record until Nov 2011. Date Opened: 11/2001 Type: Revolving Reported Since: 11/2001 Terms: NA Date of Status: 07/2005 Monthly Payment: $0 Last Reported: 05/2008 Responsibility: Individual Credit Limit/Original Amount: $11,500 High Balance: $17,549 Recent Balance: $17,396 as of 05/2008 Recent Payment: $0 Account History: Charge Off as of May 2008, Apr 2008, Oct 2007, Jul 2007 to Sep 2007, Jun 2007, May 2007, Apr 2007, Mar 2007, Feb 2007, Jan 2007, Dec 2006, Nov 2006, Oct 2006, Sep 2006, Aug 2006, Jul 2006, Jun 2006, May 2006, Sep 2005, Aug 2005 150 days as of Jul 2005 120 days as of Jun 2005 90 days as of May 2005 60 days as of Apr 2005 30 days as of Mar 2005, Feb 2005 How I got here: Small business owner of 17 years, down turn in sales went basiclly 2 years with very little income lived on and credit cards emptied savings account, was searching for another job during that whole time. I now have another job, trying to catch up on all the behind bills secured first and making headway, still have not replenished savings. I have a Validation letter and Creditor Disclosure Statement prepared, do I send these to the law firm or CA or both ? and do I even have enough time before court to do that and expect a response ? Would really like to not go to court but date is basiclly here. Would like any advice, Thanks I live in TN
You need to find the SOL for your state. It appears that DOLA was in 05. Who is suing you OC or JDB? Also when was your first dunning letter, and what did you do? Nothing? Or did you send a validation letter? YOu never got anything before summons was served? No phone calls either? I think you should hire a consumer lawyer to help you out with this. Woofer Woofer
Thanks for the reply Woofer, JDB is suing Plenty of phone calls, I just don't answer numbers I don't know. I have have basiclly not responded to any calls or letters. Have not sent a Validation letter but have one prepared. The last JDB that had this account even looked up my next door neighbors phone number in the internet whitepages and told them I need to call ASAP on an important business matter, so I sent them a C&D letter, which then turned over to the current JDB. Tennessee Statute of Limitation Breach of contract: 6 years, (T. C.A. 28-3-109). Open accounts: 6 Years, (T. C.A. 28-3-109). Domestic or foreign judgments: 10 years, (T .C.A. 28-3-110). Lawyer would be great, looking into that now, just don't know if I can afford one.
Sending VL Wednesday, Court date just a week away........yikes ! Also calling the Court Clerk just to make so no written response is needed.
OK you have already been sued so sending off DV now, is not going to help that much as this is what you will do when you are in discovery. It appears you are still in SOL. You have not mentioned the JDB, and how much you have in your name. When you go to court tell the judge that you are going to be getting yourself a lawyer and then do get one. I really think you really need one as it takes a special person to go it pro se. HOWEVER if they can't get much from you ..ie you are self employed, and you have your bank accounts to small balances, and you have a HOMESTEAD on your home... then they will not get much even if they get a judgement. IF however you have a lot of assets in your name, then I would try to settle. This is why I wanted to know who the JDB was as some settle for a lot less than others as they do not have much proof if any. Of course you would definitely want them to have something if you are going to give them anything. Again a consumer lawyer is a good thing to have with you : ) Woofer
What is VL? What are your plans in court? Are you saying the summons had no answer to deliver within say 20 days??? Hmmmmmmmm Woofer
VL Validation letter sorry if used the wrong term no answer to deliver, just appear July 9 at 9am JDB FIA Card Services Looking for a Lawyer also
Do you own your own home? If so then I would advise to pay the 50 bucks or so and get one NOW. If not then you really are basically judgement proof unless you think you wil be getting some big money in the future. I think that the JDB is not going to get much from you,as they cannot garnish your wagers, right?
Yes, homeowner and I no longer work for myself. What do you mean by getting big money soon ? anyway I don't expect any
Should I call the CA lawyer and try to settle before court date ? I am guessing this would show weakness on my part ?
I don't know if they can garnish wages in TN or not. It is state specific. So is the homestead. As far as I know, paying for a homestead is something found mostly in the New England states. Some states give you a homestead exemption for tax purposes or if you file bankruptcy, but I've never heard of paying for a homestead, except in a few states.
The closest NACA Attorneys are 1.5 hours away and there is one in the same town as the suing lawyer 4 hours away, any advantage to the same town as they might deal (know)each other ?
If you get a judgement against you it could last 5 10 20 years and be renewable, so they will always be waiting for your money, so judgement is not a good thing IMO. A judgement also means once they get it executed they can and most likely will attach your paycheck and put a lien on your home. What state did you say you are in? Go to the NACA website and see if there is a lawyer near you and give him /her a call that will most likely be a courtesy so no cost, and then decide your options. Woofer
Really? Mostly in NE? Here if you want to protect your home against a creditor you get a Homestead. It cost me $30 bucks and I did it myself. It is a very good thing and protects the first 500K of your home against creditors. Here is something on and is a good site to check out for other states as well. Tennesseehttp://www.assetprotectionbook.com/s2_asset_protection_state_tennessee.htm Woofer
Made 3 calls to NACA Lawyers, first one said they would not be able to help me, judgement would be a given, to just ask the Judge for a slow payment. Waiting on return calls from the other two as they were in court.
First return call from NACA Lawyer, advice was 1)Said if debt was valid, to call suing Lawyer to try and work out payment plan to avoid BK. 2)Did not see a need to hire a lawyer, ask Judge for slow pay 3) file chapter 13
WOW this ticks me off! None of the above in my opinion is the way to go, so you will have to go pro se on this and hopefully we will be able to guide you. WOofer
