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Guest · Posted: Thu Nov 29, 2007 7:26 pm Subject: bench trial tomorrow!

Well, I have a bench trial tomorrow. I have posted before, and it got so complicated I had to get an attorney. BUT- he is unavailable for court tomorrow!!!! I filed a answer to the complaint myself, and sent a letter to the plaintiff to validate (my discovery request) The plaintiff never validated or produced the documents, but they did move to strike my answer (I assume to get a default judgement.)
I am going into court tomorrow and I am going to respectfully request for a continuance because my attorney was unable to attend and also because the discovery is not complete. Anyone have any additional advice for me?
By the way, this collection agency, original creditor- not on my credit report- and SOL is 5 years in my state!

hockeyman · Posted: Thu Nov 29, 2007 7:29 pm Subject:

What is your attorney doing about the failure to produce the documents. He should also be the one writing the letter to the court asking for an adjournment and a conference to handle outstanding discovery issues.

Posted: Thu Nov 29, 2007 7:37 pm Subject:

Hockeyman is right. He should have been the one to request continuance...

Guest · Posted: Thu Nov 29, 2007 7:47 pm Subject:

well, my original attorney has been out of town for two weeks! Then he decided that I should have a lawyer that specializes in collections handle the case. He has also been unavailable and will be until monday. I was told to go to the trial, ask for a continuance and tell the judge that discovery is still not complete. If the judge rules, they will fight to get it vacated.
I was pissed about the unavailability of the attorneys, but there isn't too much io can do! So any advice as to how I should handle myself would be good. Should I bring the copy of the validation letter I sent after the hearing to the trial to show the judge I did request proof from the plaintiff, and that they have just not responded?

Posted: Thu Nov 29, 2007 7:50 pm Subject:

Bring as much documentation as possible in case a continuance is not granted. If you need to get another attorney try naca.net They have some great attorneys that specialize in FDCPA law.

Guest · Posted: Thu Nov 29, 2007 7:57 pm Subject:

yeah, I was all excited to go to court because they haven't had any evidence except for some bogus statement by a clerk saying she has knowledge of the debt. If it is still in the SOL, why can't they report it with the credit bureaus? I disputed the original creditor entry off last month! (7 years! GET IT OFF!!! LOL!) But i don't want to admit the debt is mine either, you know? I think I will just ask for the continuance. Also the attorney I was referred to works as the PLAINTIFF in most cases- as in he collects debts and is very good at it. What do you guys think about that?

Guest · Posted: Thu Nov 29, 2007 7:58 pm Subject:

if the continuance is not granted, I don't want to try to defend myself without a lawyer!!! Scary!

Posted: Thu Nov 29, 2007 8:00 pm Subject:

Ok i have a couple questions for ya. First of all is this debt still within SOL?? What state are u in? If it's not why didn't u use that as ur defense??
Also, did u pay this atty to represent u?
Wishing u much luck tomorrow,
Ang

Posted: Thu Nov 29, 2007 8:02 pm Subject:

When was the date of first delinquency and what state do you live in?

If it's past SOL you can get it dismissed with prejudice right there by using the SOL as your defense and counter suing for $1,000 plus attorney fees, wages you would have earned if you didn't have to go to court and other punitive damages. The initial 1k is for violation of the FDCPA for filing a suit on a time barred debt.

Posted: Thu Nov 29, 2007 8:03 pm Subject:

LOL, Ang and I post almost the exact same thing at the same time.

Posted: Thu Nov 29, 2007 8:04 pm Subject:

Great Minds JC!
Laughing

Ang

Guest · Posted: Thu Nov 29, 2007 8:13 pm Subject:

I live in Illinois. SOL is 5 years. If you can hold on a sec I will find out what the complaint says. I think it is beyond the SOL, and I did use it as a defense, and the plaintiff moved to stike my defense of SOL- they said it was irrelevant until evidence was produced at trial. What I don't get is how they can say they have evidence, when they never shared it with me!

Guest · Posted: Thu Nov 29, 2007 8:18 pm Subject:

complaint says credit agreement dated 2/24/1999, no delinquent date- (but the bureaus and providian, the original creditor, removed the entries from all 3 bureaus last month when i disputed the entry and also said the 7 years was up)
collection agency- arrow- not on credit report
they also attached a generic copy of terms of contrct to complaint and an affidavit from the clerk of arrow saying she knows the account

Guest · Posted: Thu Nov 29, 2007 8:24 pm Subject:

in the motion to strike my sol defense- I just defended based on the 99 info they gave me- they said that "this is a legal conclusion unsupportive of any facts. In fact, it is contradicted by the first sentence of the affirmative defenses wherein the defendant denies the claim all together."

By the way people, in my answer, I said that I was not in any reciept of this debt or why/how/when I signed a contract, all that jazz.
I then said that the ALLEGED debt was beyond the SOL.

I hate this. But I think I will win this one when it is all said and done.

Posted: Thu Nov 29, 2007 8:25 pm Subject:

so would you say the first delinquency date was on or before 11/30/2002? If so you need to try to make that continuance go through. Then have your attorney motion for the court to order them to show the documentation that shows date of last activity. They would try to strike it and say it's irrelevant because it will lock them out on this case.

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