Need Advice, suit filed, not been served yet

Discussion in 'Credit Talk' started by rocguy, May 5, 2009.

  1. rocguy

    rocguy Member

    I received a voice mail from an attorney stating she was calling in regards to a suit that had been filed against me and I should call, no other details. I checked online and indeed a suit had been filed on 04/17/09. I have not been served yet.
    My guess this this is a WA-MU card I defaulted on in 06 when they doubled my interest rate for no reason and would not even discuss any options. ( Dumb move on my part I was angry) Probably for about $9000.00. I assume my next move will be to call and get details. Is it to late to protect my assets? No cash in accounts but I would like to protect my truck, I need it to work.
    Should I try to work out a payment plan? I can't afford much as work has been very slow. Any advice would be greatly appreciated.
     
  2. Hedwig

    Hedwig Well-Known Member

    First of all, what is the SOL in your state? When was the last payment before delinquency?
     
  3. rocguy

    rocguy Member

    SOL is 4 years last payment was about 3 years.
     
  4. woofer

    woofer Well-Known Member

    Do you work for yourself? If not and they win they will attach your paycheck. If you are self employed have nothing except your truck, they MAY put a lien on the truck if it has any value. Of course it may not get to this...You should have gotten something already,about your court date. How come you haven't? Or have you been ignoring things? If this is the FIRST time you have been contacted , then you need to figure out where things have been sent, as you do not want to get a DEFAULT. Now what you need to do it study what should be done.. I am a bit unsure of what is happening. There is a DOCKET or no? What address does the court have for you? YOu want the right address as many many times CA's try to do sewer service and unfortunately it works many times. : ( Woofer
     
  5. cap1sucks

    cap1sucks Well-Known Member

    Why wait to get served? It is going to happen sooner or later anyway. Is this a small claims suit or a district court suit? If it is small claims you probably can't use discovery so you might think about getting it moved to district where you can use discovery. If you want to get it moved so you can use discovery you will probably have to file a counterclaim against the plaintiff to get it moved. Any FDCPA violation will work to get it moved to district.
     
  6. woofer

    woofer Well-Known Member

    Not the poster , but are there small claim courts that do $9,000? Woofer
     
  7. rocguy

    rocguy Member

    I do work for myself and have a corporation unfortunatly the truck is not registered in the corporate name and I assume it is to late to change that. I have not received anything in the mail only the phone call. not ignoring. Not sure of how to find out where things have been sent. There is a case number . Should I call the court or should I call the attorney?
     
  8. rocguy

    rocguy Member

    Not waiting to get served just trying to do some homework so I don't make a wrong move. Don't know if small claims or not I have very few details other than a suit has been filed.
     
  9. cap1sucks

    cap1sucks Well-Known Member

    Your court system listings will tell you what court it is in. If you can't tell call up the clerk of the court and they will tell you what court it is in. You definitely need to find out so you know whether you can use discovery or not.
     
  10. rocguy

    rocguy Member

    Called the clerk of the court, all I got was it was county not small claims no other details but I can go to the court and read a copy of the complaint so thats my next step. Ill post again when I have some more information.Thanks so far for your help.
     
  11. woofer

    woofer Well-Known Member

    If you NEVER have received anything just this initial phone call I do believe I would DV them. Send it CRRR. First though go to the courthouse and get a copy of the filing and see what they have for the address as well. Of course WAMU is now CHASE so they could have sold off your account to a JDB. What's the company that is doing suit? The card though was in your personal name? SO if your truck is also in your name you could transfer it to be on the safe side. When was the last time you paid on this account? Is this the only account you are not paying? WOofer
     
  12. rocguy

    rocguy Member

    OK went to the courthouse. It is as I figured the WaMu account but it has been sold twice. Suit amount is $9256 not small claims, county civil. The holder is Cach LLC out of Denver. The address they have in the file is my street address but we don't receive mail at home, we have to go to the post office to pick it up from the po box. Any mail sent to the street address will be returned automatically. Last payment on the account was july of 06 and I am current with all other bills.
     
  13. rocguy

    rocguy Member

    My concern is that if I call them to attempt a payment schedule they are going to want more than I can afford as business is slow. If I go to court is a judge more likely to make them take what I can afford? My other concern is keeping what little I have. They can take all of my personel property in Florida but they have to put up a $10,000 bond to do it, how likely is the creditor to do this?
    Am I correct in assuming any assets that are in my corporation now and future are safe?
    Sorry for the multiple questions I just want to play this right.
     
  14. ccbob

    ccbob Well-Known Member

    Just to toss my $.02 into the hat, at this point, you should at least answer the complaint so they can't go straight to a summary judgment. How you play it from there depends on what you're willing to do and what your strategy for the end-game is.
     
  15. rocguy

    rocguy Member

    My strategy for the end game would be not to lose anything. What would filing a debt validation accomplish for me?? Don't they have to serve me in person??
     
  16. cap1sucks

    cap1sucks Well-Known Member

    Not necessarily. If they find out about your corporation they can try to pierce the corporate veil as being used to hide your assets. If you are being paid from corporate funds they can try to garnish your wages from your corporation. You would end up getting hung for it either way, with or without a corporation. Having your own corporation is not necessarily a safe haven by any means. The only way it can be a safe haven is if it is a totally anonymous corporation without any obvious ties to you.

    But the first concern is that the question before the court is whether or not you owe the money. Right now anything else is totally irrelevant to the court. So how do you plan on answering that question? What will you use as a defense? The first thing you have to learn is what are the possible responses that are acceptable to the court.
     
  17. rocguy

    rocguy Member

    How do I find the acceptable responses? As far as do I owe the money I guess I do, So I have no defense??
     
  18. Dumb Bob

    Dumb Bob Well-Known Member

    You may wish to use discovery to find out what evidence there is that it was sold twice, or that whoever is currently claiming to own it now really does own it. Furthermore, what contract did you agree to that allowed them to raise the interest rates to whatever they raised them to? Has the complaint included this contract?

    That would make you a good person to sue.
     
  19. rocguy

    rocguy Member

    There are copies of the sale or transfer of debt in the file as well as a copy of the original agreement between myself and the original creditor. As far as a contract that allowed them to raise the rate, It may be in the original agreement from the original creditor. As I understand this is becoming quite common.
     
  20. Dumb Bob

    Dumb Bob Well-Known Member

    Dumb Bob would be shocked if these "transfer of debt" agreements included some reference to you or your supposed account. Do they?


    This is all very common. But the question is, where's the contract that you agreed to? What interest rate are they claiming you owe? Where did you agree to pay attorney's fees if you lost the case? This is contract law. Where's the contract?
     

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