Debtconsolidationcare.com - the USA consumer forum

Why Is Nothing Here Working For Me?

Date: Fri, 07/27/2007 - 08:12

Submitted by anonymous
on Fri, 07/27/2007 - 08:12

Posts: 202330 Credits: [Donate]

Total Replies: 14


I am at wit's end! I have poured through all these posts/suggestions and used letters from this site and nothing seems to be working. I am dealing with two bottom feeders...CACV and LVNV Funding both of whom zipped me over to their equally bottom-feeding attorneys. I am not dealing with the CA's, I am now dealing with the attorneys. In both cases, I sent the attorneys a validation letter (certified/return receipt)as posted on this site. In response, I received a SUMMONS from one attorney for "Pre-Trial Mediation" and from the other attorney I was served papers that I was being sued. These people are out to sue, pure and simple, and none of the tactics I see here are working. At least not for me. I am sure they are hoping I don't show up in court so they can get a quicky default judgment. I even contacted Bud Hibbs and all he does is refer you to a local attorney and now I'm wondering if Hibbs is just a referral service. I actually did contact one of his local referrals. The attorney had me send him a copy of the summons and my credit reports, then after reviewing them, told me he saw no defense. Does all of this mean that all hope is gone? I am seriously considering bankruptcy. These attorneys for the CA's are all going for judgments and there is not much you can really do about it. What's the point of even showing up in court when you are told you have "no defense"? They will get the judgment anyway and that's all they want.


Well u need to show up! Did they send u a summons? If so, did u answer it? What state are u in? Make sure u show up! If nothing else to make payment arrangements and bring all ur proof of asking for validation of this debt with ur reciept that they recieved it and did NOT respond back! Also, sometimes in these mediations they will work up a payment plan with NO judgment... unless of course u default on that. Make sure the arrangments u make is something u can afford with no sweat!
Good Luck and plz let us know how it turns out!
Ang


lrhall41

Submitted by Ang on Fri, 07/27/2007 - 08:29

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I am in Florida. As I mentioned, yes they did send me a summons. I even called the Clerk of Courts to make sure the summons was valid. The Clerk of Courts told me no response was needed and it even says that on the summons. The summons is for the "Pre-Trial Mediation" and it is also filed in Small Claims Court. The Clerk told me that whether or not I responded, I should be there, otherwise the attorney will simply get a default judgment. I sent the attorney a DV letter and he has not responded yet. That was 2 weeks ago. I suppose I can bring a copy of the letter to the mediation with the signed green card, which I did get back so he received the letter. That's all I know to do now. I am currently unemployed and the only income I have right now is unemployment compensation and I will tell them that too.


lrhall41

Submitted by on Fri, 07/27/2007 - 08:40

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Yes make SURE u show up, i take it as mediation is to try to settle this before getting a judge involved! If u disagree with what they say then it will have to go before a judge and let him decide on it! The choice will be up to u!
Good Luck and plz let us know how it goes!
Ang


lrhall41

Submitted by Ang on Fri, 07/27/2007 - 08:50

( Posts: 2306 | Credits: )


Orlando jane please dont blame the forum members because they are so wonderful to help us and they have a lot of patience and give their time to us.to help us,to teach us how to do things right.
You are from florida like me and believe government
People not answered my letters either.
My husband is mentally ill and blind and only debt
Consolidation care care about him.
My husband was harassed for my account from 1991
From ny and we live in miami for 11 years.
People stoled 1070,00 from his disability check
And the attorney of florida send the problem for
Financial services of florida,for some willie and he never answered my complaint.i call financial services 2 times.the first time they told only "willie"solve my complaint and he was on vacation and the second time they told me
They lost my complaint.
If you want to blame the government consumer no help
Is better you tell in this forum about them.
Millions of people read posts in this forum.
Dont blame my guardian angels,please because they
Are helping people every day and night here and it is not their fault because government get corrupt
And dont care about consumers being rip off.
Thanks all great members of this forum for always help us.


lrhall41

Submitted by tsacgiv on Fri, 07/27/2007 - 11:06

( Posts: 2106 | Credits: )


Thanks Tania!! Jane-what are the amount they are suing you for? How old is the debt and when did you last make a payment on them? Be sure and answer that summons. Also, when you answer, put in the answer you are asking for a hardship-you have no money,etc. The courts will work out a payment plan and if you file a hardship-it will help. You can call your court clerk to find out if you need a special form to fill out for this.Hang in there!!..KAren :D


lrhall41

Submitted by Bossy4455 on Fri, 07/27/2007 - 11:18

( Posts: 5854 | Credits: )


Thanks Bossy4455. Tania, I'm not "blaming" anyone. Just stating that what I have tried doesn't seem to work with some of these bottom-feeders.

Bossy, they are trying to sue for $7900 (the original debt was $3800!) As I stated above, I called the Clerk of Courts and she said no response to the summons is necessary. This is a mediation not a trial. It even says that on the summons. "No response needed". I'll try the hardship angle. Thank you!


lrhall41

Submitted by on Fri, 07/27/2007 - 12:13

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Bossy4455, I just called the Clerk of Courts about hardship. Since this is a mediation hearing, there are no hardship forms to fill out. She said to just verbally explain the hardship to the mediator. Explain that I have only unemployment compensation as income right now (show the paperwork)and, if worse comes to worst, ask for a stipulation agreement whereby I would only pay, say $25/month to the Plaintiff because that's all I can afford. If the Plaintiff refuses, then it will go to trial and I would have to explain it to the judge. If the Plaintiff agrees I would be bound to pay the $25/month. If one payment is missed, he can go for a default judgment automatically. Again, this is a mediation hearing, not a trial.


lrhall41

Submitted by on Fri, 07/27/2007 - 12:51

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Is there one case or two? I know you said the one was for mediation, but didn't you say you were served and being sued by another? If you are, that is the one I said you should answer. How long have these people had your debt? Have you checked out the SOL for these debts? One ca tried to collect for a hospital bill that my son had when he was 10 yers old- he's 26 now-and it had been paid! So check out everything-and good luck..KAren


lrhall41

Submitted by Bossy4455 on Fri, 07/27/2007 - 16:13

( Posts: 5854 | Credits: )


Be sure to show up with all your documents. Small claims is generally much less formal than other courts. If nothing else, as a part of your defense, state that they have not showed the validity of the $7900 debt, they have not shown you how this was claculated or what add-on fees are there. They are counting on you not showing up, this is probably how they get about 90% of their judgments.


lrhall41

Submitted by Law Student on Fri, 07/27/2007 - 18:47

( Posts: 1182 | Credits: )


Thank you Karen and Law Student. I would mention that this is an attorney on Budd Hibbs "really bad" list so it would not surprise me that he is counting on me not showing up. (If HE even shows up!) I still have no response from my DV letter to him so that WILL be part of my defense. I have the green card that he got the letter. What if he brings validation to the mediation hearing instead of responding to me? Can he do that? Yes Karen, I checked the SOL. I'm in Florida. The account was charged off in April, 2003. That was 4 years, 4 months ago. Florida says 4 years on an open account (credit card) which is what this was. I would add that I've heard these SOL's can be sticky sometimes, depending on the judge and the state and the law can be very fluid on it. In any case, I can't pay him. No money. A bankruptcy would cost me only $1000. Maybe I should tell him THAT!!!


lrhall41

Submitted by on Sat, 07/28/2007 - 14:53

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I would still put in my answer to the one who is suing you, that this debt was never validated, and that you feel it is out of the SOL period, can't hurt. Just be sure and show up, law student is right, they count on people not showing up or having a defense.When it all comes down to it, the judeg will issue a judgement, if there is proof, and set up payments. If the judge has a harship case, they will work with you on the payments..Keep us posted, and good luck..KAren :D


lrhall41

Submitted by Bossy4455 on Sat, 07/28/2007 - 14:58

( Posts: 5854 | Credits: )