Internet's first get-out-of-debt community - 123,000 members

Posted: Mon Jul 14, 2008 6:54 am Subject: Getting Sued... Next move?

Ok, i'm getting sued by a legit law practice that buys old debts for pennies on the dollar and takes each person to court. sucks for me. The issue is I don't have any problem repaying this- I was in a bad place at the time, and now i'm in a better one- BUT $2k of the $4k bill is fees... the court date is scheduled for the 28th of this month (in a different jursidiction then where I live) and I would like to keep this out of court. I spoke to this attorney before about repaying but he demanded 3 payments of 1200 within 2 months or something- which is a bit steep. 400 a month- sure. but 1200 every 3 weeks? Not so much.

I'm wondering what I can do?

Should I talk to this attorney and try to reason with him?
Should I go to court? I don't want to!!

Also, I've never requested validation from this gentlemen, but he sent me over his "validation" by sending a signed affadavit that this debt was his... is that enough? How is that proving anything?

UGH! This is scary and frustrating and i don't know what to do!

Posted: Mon Jul 14, 2008 6:58 am Subject:

A signed affadavit? Oh no, that isn't even admissable in court, it's hearsay!! What is the name of this Attorney? Do they own the debt or are they representing the OC?

Posted: Mon Jul 14, 2008 6:58 am Subject:

I signed affadvait from teh OC would never stand up in court if challenged unless the indidvidual who swore it out was there to be examined. Personally, I would never pay a JDB but if you think you should I would file a MTD based on improper venue and at least make them file in the correct jusridiction.

Posted: Mon Jul 14, 2008 7:52 am Subject:

David Ashe- Providence Dane... the affadavit said he owned the debt.

How do I file a MTD??

I've actually BEEN paying the Original Creditor, but i'm still getting sued by this turd.

Guest · Posted: Tue Jul 15, 2008 4:52 am Subject:

Posted: Thu Jul 17, 2008 4:14 am Subject:

Contact the county clerk and ask what is required for the MTD in your state or research the Rules of Civil Procedure on how to word your MTD. As far as the affadavit goes, challenge it. If the person who swore it out is not there to be questioned, it is inadmissable.

Posted: Thu Jul 17, 2008 4:48 am Subject:

ok, i'll call the court then. Thanks

Indebted. · Posted: Fri Jul 18, 2008 10:10 am Subject: HELP!

I never requested debt validation. Is it too late to request it or do i have to request discovery in court? Obviously, if i can keep this out of court, that would be my priority. Please can someone respond? I have one week until the court appearance.

Posted: Fri Jul 18, 2008 10:14 am Subject:

also, i called the court and spoke to the most useless employee on earth.. i was like, how do i go about filing a motion to dismiss based on improper venue and she goes umm, you'd have to do some research on that. I was dumbfounded. Isn't that what she's there for? i'm getting freaked out. Time is running thin and i have done nothing to better this situation. Does anyone have the paperwork needed to file a Motion to Dismiss for VA? Or know where I could print it off?

Guest · Posted: Mon Jul 21, 2008 4:51 am Subject:

anyone???

Posted: Mon Jul 21, 2008 5:02 am Subject:

Indebted, all you need to do is use follow your local civil court procedure, you can usually find examples if you type in your county court name with something like "procedure on filing a motion" civil court procedures and county/state. That is how I found a template, then I just added my statement to it.

Posted: Mon Jul 21, 2008 7:23 am Subject:

Here's a helpful link:

http://www.courts.state.va.us/amend.htm

Guest · Posted: Mon Jul 21, 2008 10:19 am Subject:

you're the best, NascarDevil! Thanks!

Posted: Wed Jul 30, 2008 9:18 am Subject:

Well I had the court date continued... I also spoke to the attorney. He said they were going to ask for a settlement of 3300 but if i paid the full amount of 3709 then he wouldn't take it to court... I was like, uh, if you were going to settle for 3300- then you should continue to hold that price for payments. What a douche.

*Name:
*Email:
*Phone:
*Zip:
Debt

	* denotes required field

Internet's first get-out-of-debt community - 123,000 members

Getting Sued... Next move?

Members Area

Free Debt Counseling

Ask the community

Featured Discussions

Featured Articles

Question of the Month

Useful Links

Recent Forum Discussions

Recent Blog Post