Part II of my nightmare with Borack and Associates. As you may recal from my previous post we received a letter in the mail a year after being served by TriCap Investment when they purchsed all of our accounts that we tried to have put through our bankruptcy. The bankruptcy was dismissed and we did not hear anything from the creditors until last year (Feb. 07) that we got served by this TriCap Investment when they purchased all of our accounts. We immediately filed a Motion with intent to defent and requested from the plaintiff all of the originaldocuments, signatures, fees, etc. We had it notarized and took it to the clerk of the court.
We received in March an Intent to Dismiss from the Court because of lack of prosecution. The following week we receive a letter fro Borack and Associates with him Filing a Motion for Default.
We contacted the attorney that frogpatch recommended and he told us that the law firm had not grounds to win the case. We still have 6/16 to appear in court (per the Motion to Dismiss that the court sent us) but today 5/31 we received ANOTHER letter (not sent through the court with a "Showing of Good Cause" asking the court not to dismiss the case because: 1- Defendant was served with lawsuit on 2/24/07 requiring an answer to be filed with the court within 30 days (We did that within 10 days) 2- The defendant failed to answer with the Court as required by law (We did with 10 days) The court has copies of that- that is why they are asking to dismiss, because that not received anything from the plaintif. 3- Plaintiff submited a Default Final Jusgement on 5/1/08, but the court has not received it. - It is not our fault they haven't done things right.
And finally to my question**** What should we do now? Respond to this form they sent us, which they are obviously not sending/filing through to the courthouse, or just show up in court and hope for the best?