Debtconsolidationcare.com - the USA consumer forum

Court appearance

Date: Mon, 01/07/2008 - 16:24

Submitted by anonymous
on Mon, 01/07/2008 - 16:24

Posts: 202330 Credits: [Donate]

Total Replies: 13


Being sued by a collection agency and am going to try and get things worked out with them. Got a court date of 01/22/2008. What happens if I don't show up for this date? I know its probably in my best interest to show up, but what if I don't.


If you don't show up, they can get a default judgement for the full amount. Show up! Also, make sure the complaint gets answered properly, per your state laws.

If you wanna give us a bit more info, maybe we can give you some more specific advice. For starters, what state are you in, who's suing you, for how much, and when was the last activity on the account?


lrhall41

Submitted by unclewulf on Mon, 01/07/2008 - 16:32

( Posts: 3172 | Credits: )


I've been reading some of the other threads around here to try and seek some information.

I was wondering if I contacted the creditor would it be too late for me to push the court date back and try to work with these people?

I live in Wiscsonsin

LVNV is sueing

Sueing for $2000.00 or so

Last activity: not sure


lrhall41

Submitted by on Mon, 01/07/2008 - 17:16

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LVNV are scum. Believe it.

As to making arrangements at the 11th hour... I suppose you could try. What's the worst they can say? Before you do, though, are you sure this is your debt, and that SoL hasn't run out? Have you demanded validation? You have that right, and they have to provide it. It may be a little late at present, but I'd damn sure want them to produce it in court, if nothing else.

SoL in Wisconsin is 6 years. If it's been that long and they're just now suing, you can ask that the suit be dismissed as out of statute. Check the date of last activity on that account on your credit report [annualcreditreport.com]. Remember that any payment you make now will re-start the SOL clock, so do your homework before you try to make payment arrangements.

Good luck, and keep us posted. We're here if you need us.


lrhall41

Submitted by unclewulf on Mon, 01/07/2008 - 17:46

( Posts: 3172 | Credits: )


No I have not sent out a debt validation letter yet but will do so in the morning. I went to the "do it yourself" section and am going to use a format created there. However I don't know the full account number of the debt I am inquiring about. Looking on my credit report it doesn't list the last four digits of the account number. Should I find these digits out before sending the letter? Or should I just put **** as the last four digits like its shown on my credit report? Thanks for any help. You people on here have me in a better mood tonight, maybe I will sleep now tonight :lol:


lrhall41

Submitted by on Mon, 01/07/2008 - 22:16

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Also can someone please explain what this letter means.

SMALL CLAIMS INFORMATION SHEET

A small claims case is initiated when a plaintiff files a complaint with the Clerk of Court's office in St. Croix Couty. The plaintiff with be notified of the date and time of the initial appearance. The plaintiff must appear at the initial appearance, if the plaintiff does not appear the case will be dismissed.

The defendant will be notified of the initial appearance date and time when he/she receives their summons to court. The defendant must appear on the date and time specified or a judgment may be entered in favor of the plaintiff against the defendant.

Attorneys who have been retained to represent parties at Small Claims Court and OUT-OF-STATE DEFENDANTS who notify the court in writing before the date of the initial appearance may be excused from appearing at the initial appearance. However, they must be available for a pretrial conference that same day later in the afternoon by telephone.

At the initial appearance the Clerk will call the names of the cases and note the appearances by the parties. If both parties are present and the case has not been settled prior to the initial appearance, the case will be send to Mediation following the initial appearance. Plaintiff and defendant are required to attend.

The Court Commossioner will hear each telephone conference individualy in random order. Attorneys and out-of-state defendants who have compiled with Paragraph 3 will be contacted by telephone for the pretrial conference on their case. If the attorney or the out-of-state defendant is unavailable at the time the Court Commisioner contacts them by telephone it will be considered a nonappearance by the party and may result in dismissal or a judgement.

If the case is not disposed of at the mediation hearing, it will be set for a court trial. The Clerk will inform all parties of the court trial date and any requirements to be completed before trial.

If the case is assigned to be heard by a court commissioner either party may at the end of the hearing file with the Clerk of Court's office a Demand for a New Trial in front of the judge. This demand must be filed with the Clerk of Court's office within ten days of the hearing held in front of the court commissioner. If the demand is not received at the Clerk of Court's office within then days, the requst for a new trial will be denied.

The plaintiff on this is an out of state attorney so does that mean he will more then likely be calling into the court?


lrhall41

Submitted by on Mon, 01/07/2008 - 22:52

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Gee I guess my questions never stop. Can someone please provide me with the correct contact info for this company? Address, telephone number. I have been searching and I keep on finding 4 or 5 different places. I want to make sure this letter gets sent to the correct address. I could find nothing on the BBB website. Thanks again.


lrhall41

Submitted by on Mon, 01/07/2008 - 23:11

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To the original poster:
See if you can get legal council (it will help make things run smoother) during discovery phase request for validation of debt in a motion to show cause. Watch them produce Allison B. Moon affidavits and/or Sue Argenterri (or whatever her name is) affidavits testifying to the validity of the claim and having first hand knowledge of the account in question. Object for hearsay as the individuals undersigned are not present to testify to it. (As far as the general public and for the most part LVNV/Sherman knows, these individuals do not exist, and they probably don't, but they manage to sign affidavits anyway) Then motion to dismiss with prejudice if they cannot produce validation. Then sit back and relax as you watch their claim get flushed down the toilet.


lrhall41

Submitted by JCEMT on Tue, 01/08/2008 - 05:47

( Posts: 2934 | Credits: )