Ok got notice of our small claims case against a local CA. I'm confused though it says: NOTICE OF HEARING- SMALL CLAIMS For: Hearing on the merits What does the hearing on merits part mean? I filed against this CA back in January (our court system is REALLY backed up) anyway, in that time I have sent several "delete and I'll drop it letters" but they never responded, HOWEVER they didn't respond to my fianl disputes with TU and EQU and it was removed after 30 days, ONE of the 2 tradelines is still on EXP, but EXP won't allow me to dispute again. It's NOT about the money, these debts were paid by me and they were hubby's debts (we weren't married at the time and he has actually NEVER spoken to them...those were the main violations, plus State violations) Should I again offer settlement? They didn't take the initiative and delete on their own, they just never responded to my dispute. Both of our names are on the court paper (Mr and Mrs KHM) so I know I'll be able to speak on this case. In fact I plan on doing all the talking seeing as hubby is STILL having a hard time understanding the case (he thinks the whole CRA system sucks). ARGGGGG...ask questions!!! I'm working myself up for nothing
good luck with the lawsuit! have you tried sending the "remove unprovable debt" letter to Experian? Since they you are already suing the CA, they might take any threats to sue them more seriously. humblemarc
Sounds like they want to see if you have anything... You can file with NOTHING on your side and hope they "CAVE"... If you have NOTHING...the other side hopes you "CAVE" at that meeting!!!
Kellie, Anytime you have a general questin and your case is in smal claims court, call the court clerk. They get questions about procedures by the dozens everyday. Part of there job is to guide people through the procss.
how did you get your name on the papers too? My dh has a collection account that I may have to file on. I just went to the courthouse this week and got the paperwork. I'm too chicken to fill it out yet. I'm afraid that I won't be able to speak, and my dh is like yours, and will not be able to hold up his end in court. Hell, I'm not even sure I'm able to hold up our end in court. I'm not very confident in my knowledge at this point. I just want to settle for deletion, but it's gone too far. OT, what's your opinion on offering a settlement along w/ a copy of the court paperwork? Just curious, as I haven't offered a settlement yet, but would rather go that route than try to go to court. Sure, I have them on violations, but like you, it's not about the money. Just delete the freakin $68 debt if I agree to pay. I'll even pay the whole thing, not just a settlement portion.
Let me be a living example that a lawsuit does not necessarily insure deletion. That was what I thought. The rational me couldn't understand why they would rather litigate than delete. Cost is zero to delete. Slam dunk, right? Wrong. We are now knee deep in interrogatories, discovery, and depositions in small claims. I have offered, yet again, to drop the whole suit for deletion and $0 cash. No deal. I guess we are both just trying to exhaust or frustrate each other into dropping. Still I march on!
Yes, I read that. That's why I want to offer to settle. I don't know if I should fill out the paperwork, send it to them w/ an offer, or just offer first. Also, I just posted a new thread but maybe you can answer since you've gone thru this. What is a registered agent? I found the reg. agent for the CA, but don't know what they do, or if I should send the paperwork to them? I've searched and found a ton of posts, but none clearly define the meaning for me. TIA
I went to the court and said my husband is petrified of speaking in public venues and that I would have to do the talking. The clerk just said put Mr. And Mr.s KHM. Honestly I don't even want to go through with all this court garbage right now. When we had filed they had originally said the court date would be in June but November??? I'm gonna have to refresh my memory on all the violations. Plus we moved in that time so now I have to make sure nothing got removed from my file. I DONT want to end up in discoveries and the such, no patience for that stuff....
Isn't it better to NOT to try to bargain right away with their attorney, and especially not do so repeatedly? Doesn't that tip your hand and make you seem eager? I personally wouldn't make an offer to them until the last couple of weeks before the case and only one firm offer. If they think that you only want the item removed, I can see them making your life a living hell. I would also see to it that they got my offer late on a Thursday afternoon or Friday morning and hope on Friday they just want to do away with it right there on the spot while its on the top of their in box. Hawg Hanner
The registered agent is who you send the summons to they in turn will see that they get to the proper department/person within the corporation.
Live and learn! Yes, it is probably better to "not show your hand" too soon. I didn't realize, at the time, that I was doing that. As I look back on it, I probably did hurt my own case. I just kept going back to the issue of money--$0 to delete and $$$$ to litigate. Hmmmmm. Seems logical to me that they would not want to do this. Maybe they assumed that I would never really file a suit; therefore, they didn't consider deletion an issue. When I did file it, they probably had this attorney on retainer, and she got called to handle the case. Now that we have spent time and money dealing with this, and they know I will settle for deletion alone, I would think it makes all the sense in the world to delete and get this behind us. The atty kept telling me that she and the bank thought no laws had been broken. That is for the judge to decide because I don't agree (neither does the FCRA or the FTC). Irregardless of who is right and who is wrong, it will cost me a total of $65 to try this case. They have already spent that in CRRR mail to me from the atty's office. So, even if they completely embarrass me in court, even if they are right, even if they get a judge to see it their way, even if they gain some moral victory in this...........THEY LOSE!!! THE END!!! I don't know a law firm in the world that would be charging less than $150 an hour (we are in a large urban area) to work on this. Their atty spent a total of 4 hours the day of the hearing on discovery either traveling to/from, waiting for our docket, or talking to me. Who came out ahead in this deal win lose or draw? IT MAY OR MAY NOT BE ME, BUT IT IS MOST DEFINITELY NOT THEM!!!
The attys want to litigate.. more fees. Do you know for certain the person who hired these outside attys know you'd settle? Just a thought... perhaps the attys didn't pass the offer on.. supposed to... but you never know. Call the company you're suing and just ask them if their attys passed on the offer to settle. if they know and are still going forward.. then you get to proceed with this
Marie- The owner is an attorney. I have his contact name and number, I'm going to call him about settlement. It's mainly NH State Violations and FCRA violations. I'm just concerned with the timing is all. I'll fight it to the death but I'd rather be job hunting....can you see me accepting a new job and saying BTW 11/19 I need the day off, I'm going to court HA!
hmmmmm Marie, Good idea, wasn't it Doc that successfully did the same? Skipped the contractual attorneys ($200 bucks per hour -- in their best interest to drag it out) and cut to the CRA's paid to preserve time and money attorneys instead? Sassy
Alright here's the rundown (found my paperwork ) moved 10/98 forgot to give forward address to electric co. (electric included at new place). Pull hubby's report around 5/99 see a CA on since 3/99 *I* call the CA say I'm sending a check....we weren't married at the time, they aren't suppose to talk to me 8/18/02 pull hubby's reporta again see another account owned by same CA, yes they are his and no there was no extra interest added on. *I* call them and make payment arrangements. 4 post dated checks for $162.50 each first one to be done 8/18, 9/18, 10/18, 11/18. They are supposed to "remind" us of posting the checks, we never received a reminder. and the best part is on the checks they did it says in the corner authorized on 8/18 via phone even on the 11/18 check. So I've got: 1. failure to remind of postdated checks (FDCPA) 2. Speaking to me before we were married (FDCPA) 3. Speaking to me after we were married (NH State act) and we were denied an apartment due to his credit as well as TONS of CC's, so there is the damages. I found my last settlement offer and I asked for deletion of both accts and $1K plus filing costs ($35). They can't bump this to District Court cause that's where our SC's is. It said they can request a jury trial due to me asking more than $2K (I asked for $5,035). I've really got nothing to lose, both debts are paid. Apparently they haven't countersued cause I haven't received any paperwork on it. I'm going on majority rules here: What should I do?
Kellie, I'd rethink the damages portion. The denial of cc's and the apt. came because of the chargeoff/collection status that is apparently accurate. You weren't turned down for anything because they spoke to you instead of your husband or, failed to remind you about the checks.
Kellie, Also, is there an SOL to bring legal action for violations of the FDCAPA? Just looks like that first one from 98/99 is a little old.
