... unless this last threatening letter works. But I have a few questions: 1. If I actually have to go before the judge (meaning it doesn't get settled after I file), there is kind of a huge problem. The account in question is my husband's account. He has not been involved in any of this work I have been doing for the past seven months. I just stick letters under his nose and say "sign this." If it actually goes to court, can I represent my husband, even though I am not a lawyer? I don't know if I can get my husband confidently prepared to go to trial. 2. I do have a case, don't I? -- I sent an OC a settlement check with a restrictive (WestCap) endorsement that it settled the questionable debt in full and all derogs would be deleted. -- They cashed it. -- Texas Business and Commerce Code states explicitly that if they cashed it, they have to abide by the terms. -- OC has not fixed credit report ... been about six weeks and in fact, last month (after the check was cashed) the OC INCREASED the balance due on my credit reports. (THIS HAS GOT TO BE A BIG VIOLATION) -- I sent them a nice reminder letter that the terms needed to be enforced. I subsuqently sent a seriously threatening letter which I also sent to the AG's office. That's the one I am waiting on. I see violations of Texas Business and Commerce Code, as well as a violation of the Fair Credit Billing Act, an amendment to the Truth in Lending Act. thanking in advance for any help you can provide. peace, delilah
If Citibank doesn't roll for DH, I'm going to be in the same boat! Another poster also had a similar. She wrote out a very detailed timeline for the DH, had everything organized in a binder, and "coached" him before hand. Things went well as I recall. I don't know about you, but my first step will have to be getting my DH motivated!!!!!!!!
You'll be able to represent in the sense you can present the case but, you will not be able to answer questions addressed to him. He'll be flying solo at that point.
Check with your state, but I highly doubt you can represent something other than yourself as an attorney in a court of law. Looks like you are going to have to give your husband a crash course in the FDCPA and FCRA.
Re: Re: Re: I'm going to court ... She can be called as a witness, but she cannot "represent" her husband (i.e. -- she cannot put on evidence, describe what he did, question witnesses, etc.) Unless she is barred in that state, "representing" someone other than herself i the unauthorized practice of law. She can testify, but thats it. NO asking questions.
Re: Re: Re: I'm going to court ... So I guess I'll have to prep my husband if it gets that far ... thanks. That's what I needed to know. peace, delilah
Re: Re: Re: I'm going to court ... How about getting a Power of Attorney from your husband. I think you can represent him that way. Well I am not a lawyer, do you have everything in file? did you send a money order? do you have a copy of that money order? front and back with endorsment stating the aggrement.
Re: Re: Re: I'm going to court ... Yes I ... er, my husband has all the documentation from every step of the way. Hopefully the letter to the AG will light the necessary fire and court won't be an issue ... but I'm just trying to stay one step ahead. peace, delilah
