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Hmmmmmm, well OK. Yet another dilemma. As some of you know, skydver helped me write up an answer to a summons which stated "complaint for money" (it literally said that!). K-well, here's what's going on, I asked for a dismissal on the grounds it was an unvalidated debt, and even they [Arrow Financial] admitted to NOT having any documentation supporting their claim. So, that was about three weeks ago.

Now, yesterday I receive a reply from the court, also a copy was sent to Arrow Financial's Attorney. Very Happy

To sum it up, this is what the letter said [from the Judge/Court]

Case #
Both names of parties (me & them)
The above captioned matter is scheduled for pre-trial on (such n such a date) at (such n such a time). Claims, counter claims, and cross claims of any party who fails to appear personally or by counsel, will be dismissed with prejudice.

A default judgment will be granted against any defending party who fails to appear either personally or by counsel. In parentheses at the bottom of this letter says: (No telephone pre-trial permitted).

Now what? Shocked

Posted: Thu Jun 26, 2008 8:39 am Subject:

You are going to court lady. Be there on time.

Posted: Thu Jun 26, 2008 8:40 am Subject: reply

sounds like if you show up with all your
documentation it will be dismissed with prejudice.
if they truly can't produce there documentation
the suit will be dismissed with prejudice.
i think that is language in any pre court communicae.
again i think you will win this when you go to court.

Posted: Thu Jun 26, 2008 8:43 am Subject:

I would like to counter sue, just not sure what I could get them on, and, would this be a good time to do so? lol Yeah, I am going to court, BUT, I just need to make sure I have all my ducks in a row. ANy suggestions, advice??

Posted: Thu Jun 26, 2008 10:37 am Subject:

Definitely! Show up to court in your Sunday finest, with a big smile on your face and all the documentation/backup laid out in front of you. Cue cards or a slide presentation might be helpful! Or maybe a PowerPoint presentation? (just kidding about those last two suggestions) With any luck the butt-munches might not even show and you'll win by default.

WITH PREJUDICE! I might add.

Do you have them on any solid FDCPA or FCRA violations? I honestly can't remember all the specifics behind your situation, but I think there were a few. If you have a solid case, then YES, I would definitely sue them. But I wouldn't do it just to make it seem like I wanted to get even with them for their foolishness; might backfire on you.

Me personally, I don't know if I would counter sue right then either. You would still have to pay filing fee for a counter suit whether you did it then or later? (I'm asking, as I don't know) So I would definitely wait a month or two down the road, if that is the case, just for the sake of SURPRISE! (you could hire a company to serve them the papers by a woman hiding in a big cake they roll into the CA office; she could jump out yelling "SURPRISE!" handing the papers to the CEO of the company. Bet they couldn't deny they got them, could they?)

I also think you have up to a year to sue on FDCPA violations?

That's my half-a-penny worth of opinion, let's see what anyone else has to say.

Posted: Thu Jun 26, 2008 10:54 am Subject:

Yeah, you're probably right, I'll wait awhile. I have the papers where they [the CA] admits they have no documentation, because I was the one who received the monthly statements, therefore I am the one with the evidence. Pffffffft. Yeah OK, here's your evidence for ya Arrow. Laughing

Not in this lifetime, produce it yourself. Wink

Anyway, yeah, they continued to collect and report on my credit report after I sent the DV, so, violations are there and pretty clear cut.

Posted: Thu Jun 26, 2008 10:56 am Subject:

Oh, then yes, I would definitely sue them! I think you're due a little "pain and suffering" compensation for what they put you through.

Posted: Mon Jun 30, 2008 11:18 am Subject:

WHOAAA! Update! I received a letter from Arrow's Attorney today, it seems they are going to appear in court, they sent me a copy of "Notice Of Appearance". They also sent me a letter asking me to call them to discuss a possible resolution to this matter. Hmmmmmmm, what type of defense could they possibly have, they admitted to not having any documentation with proof of the debt. Unless they have dug up those documents and are going to present it in court. What shall I do to prepare for this guys??? Shall I call them to see what type of resolution they are speaking of? They still have not proved this is my debt. HELP!

Posted: Mon Jun 30, 2008 11:30 am Subject: reply

i would contact just to see what's up?i would see if the court
has anything as to how they filed as well.or if they put any new
motions on the docket.

Posted: Mon Jun 30, 2008 11:32 am Subject:

They sent me a copy, BUT, all it says is "Notice Of Appearance" to the court. Confused

If they filed another motion, the court will have to send me a copy.

Posted: Mon Jun 30, 2008 11:38 am Subject: reply

then i would contact the lawyer for arrow,record the call if possible.probably wanna make another attempt to get you to
give up the documents that can make either sides case.
wouldn't put it past them to try this.

Posted: Mon Jun 30, 2008 12:22 pm Subject:

I have a feeling they're going to try an offer of compromise. But I'm not biting, I just need to be careful of what I say or how I answer them so I don't admit to anything. I wish the record system worked here at the forum, but I don't think they ever got that corrected. Quite honestly, I think the Judge is getting sick of this case, because Arrow made so many mistakes, that's why I am surprised they are showing for court, actually, it's an Attorney who will be showing, and it specified that any future contacts or correspondence should be made specifically to him. I hope skydver sees this, he has been helping me with this case all along. He may have some clue as to why they are showing for court, it's just hard for me to believe since they admitted on a court document that they had no documentation from the original creditor to support their claim, only that silly affadavit signed by one of their employees. lol

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Well, I'll be darned !! Update on Arrow Financial

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