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Discussion in 'Credit Talk' started by lovien, Sep 3, 2003.
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You requested validation and they never responded?
W & A must be on a tear this week. You are the 2nd or 3rd person that has posted about them.
States vary in what can be done once a judgment has been issued. But in general...
The law firm will probably follow a procedure to have you appear in court to be examined regarding your finances. They can make you bring with you to court your pay stubs, your tax returns, your bank statements and any other appropriate documents. They can ask you questions about where you work, where you bank and the assets you have.
Once they have this information, they can freeze bank accounts, place liens on assets, force the sale of assets, garnish wages and generally continue to add costs and interest along the way.
If you have been properly served with the lawsuit, I would not ignore it. But make sure that you have been properly served. Check the requirements in your state.
Also, the process can take a long time depending on where you are--probably a number of months. After you know what the service requirements are in your state, you could possibly take steps to avoid being served. Make sure you know the status of the court proceedings--but don't let the court or the attorneys know that you know the status.
Additionally, if you can't avoid a judgment, review your state exemption rules. I would probably assume that most of your property--including bank accounts--are exempt from garnishment. If you are working and your state allows wage garnishments, this is probably where the attorneys will go. In most states, 25% of pay can be withheld. Once again though, check your state exemption rules.
Actually, if they get a judgement, you WILL pay. They'll take money from your paycheck to pay the bill.
It may be uncomfortable, and you may not be able to buy as much stuff, but the money will go to the creditors.
To address some of your other questions, I would advise that you speak briefly with an attorney.
Not knowing the state that you are in, it's hard to know what the court procedures are. In the state that I am in, the first court appearance is just for setting a trial date. At the first hearing, the defendant can demand that the plaintiff provide a written synopsis of the case against you. For example, the plaintiff has to state how they arrived at the figure for which they are suing. They have to tell you why the interest rate is where it is and why they are entitled to specific fees.
In our state, the defendant then has the ability to see the plaintiff's case and provide an adequate defense if one exists.
Additionally, an attorney in your state may be able to advise you on how to substantially delay proceedings. And if all else fails, you can ask the court to order a payment plan--or try to reach a mediated agreement. My experience with lawsuits is that people usually have numerous options--they just never use them.
Are you SOL?
Re: Re: How do i answer a cc summon/suit?
Depends on what state he lives in. You can't garnish wages in TX except for child support and taxes.
I know here in Florida you can dispute any garnishment in certain cases like being the breadwinner of the family, etc....so it's possible (depending upon the OP state) that either he can dispute it or garnishment is not even an option.
What state and, when did you last pay Discover?
Need help served with a summons:
The summons, if your first communication from them, if even it is a summons, has to include the complete mini-miranda OR they have to give it to you by seperate letter within 5 days of your having been served.
The link to the FTC letter is included in the link above.
I don't know what is up with some of the responses that read like you are out of options BUT being served a summons DOES NOT a judgment make!!!!!!
FILE AN ANSWER or at least a notice of appearance.
Don't allow a default.
Here's a case that directly relates to your predicament: http://www.state.in.us/judiciary/opinions/archive/03260101.ewn.html
The direct link for the following wasn't working but here is the google cached link: http://188.8.131.52/search?q=cach...ion.htm+fdcpa+validation+court&hl=en&ie=UTF-8[/url]
It provides a decent overview. Their recommendations are simplistic so don't think it is the "be all and end all." Read more here and on creditboards.com.
Consider as part of your response a countersuit for their violation - assuming you can show you properly requested validation.
I need to know if it is worth filing an answer.
THE END ** *** ** LB 59
""""```--~~~~~~~~~--```'""'''Subject: Said It Better Than I could
The Ten Commandments display was removed Wednesday from the Alabama Supreme Court building.
There was a good reason for the move.
You can't post Thou Shalt Not Steal in a building full of Lawyers and
Politicians without creating a hostile work environment.----------------
> ---------------------------------------------------------- ---- >>
Above all else file an answer! Otherwise they will get a default judgement! If you file an answer you can then negotiate the issue. The CA will not want to spend big money proving your case if they have little chance of collecting.
w & a usually goes for arbitration first, did you have arbitration & lost (didn't go whatever) ?