court hearing
Date: Tue, 04/08/2008 - 15:42
I've been hounded by lying collection agencies for about a year now, after the one I was paying suddenly sold my account off to another agency. I began to see how the system really works then.(if you pay ANYTHING-you are marked as MIGHT PAY AGAIN and then you are on the junk-debt buyer merry-go-round)
I disputed with the next 3 JDB that hit me up for more, knowing all the time it would eventually get sent to a collector/laywer in my state, and it did last fall.
Finally wised up and found local atty who handles collections cases. He wrote letters (prob for validation) they didn't reply. Two days after Christmas I am served summons, which I also give to atty. No further contact, from agency and no validation either at last word from my lawyer. Today I received a Docket Notice that a date has been set for June.
Question: Is this not a violation as 'further collection activity', since they have not yet provided any validating documents? Since my lawyer hasn't contacted me, I'm assuming he hasn't gotten what he asked for, far as validation. It was too late to contact my atty today but I'll fax him tomorrow. Thanks, its a great forum here.
edited to add: Sorry forgot to say, the docketnotice says "Hearing-Summary Judgement"
So what I'm wondering is, are they going to just move for summary judgement against me without providing the documentation? Would they be dumb enough to try it without proper validation?
I believe that it is considered a violation, although you have t
I believe that it is considered a violation, although you have to point it out in court, preferably as a counterclaim. Also be sure to request validation during discovery, if they fail to validate you could get it dismissed with prejudice. Also summary judgment hearing? Did they skip you on the actual court date and not give you a chance to defend yourself? Sounds kinda fishy. I would suggest checking with the court to see what is going on.
summary judgement
Well, that was the order in which it has evolved, lol.
I thought it was strange too, that by sending a summons
, then asking for summary judgement. Seems to me there should be an actual hearing first. I guess they figured it wouldn't hurt to just ask for summary judgement. Perhaps they think they have enough validating paperwork to convince a country judge.
I'll find my atty tomorrow maybe and see what he says. Talked to him about a month back and he said "They sent me some stuff but it wasn't what I asked for, so I wrote them again" He also said "I'm trying to work it so THEY can pay US!" Hope he's a good one.
what you should do is call the court clerks office ASAP, and get
what you should do is call the court clerks office ASAP, and get all the docket entries for this case. You need to know exactly what has happened this far, and I am a bit confused as to why you would not hear from your attorney. Just to be on the safe side, you should give him/her a call and make sure that everything's still kosher. A motion for summary judgment is someone trying to wrap up a case. Dont let this slide--get on the phone as soon as possible to make sure that if there is anything wrong, that you have a chance to address it.
Personally I dont understand why your attorney didnt just motion to dismiss right off the bat--that lawsuit was illegal because they are bound by your DV request, and it never should have been filed in the first place. To allow it to continue means the court is allowing a CA to further violate federal law.
skydiver I plan to do that tomorrow, go by the courthouse and se
skydiver I plan to do that tomorrow, go by the courthouse and see what they've done, or tried to do.
I begin to wonder if they somehow got a judgement against me, without ever notifying me of a hearing.
The atty actually was the one who sent the DV for me, after they had the summons delivered to me by deputy sheriff. I know a judgement can be overturned if there was no service or notification to me of a hearing. I'll post tomorrow when I learn something, and contact my lawyer. I have not been out of town since this started back at the end of December, so they can't say they or anyone else served me a subpoena!
update
Went by the court and the clerk checked this for me-no judgement has been entered, it is a motion for summary judgement (last week of June). Atty hasn't called me yet, but faxed it to him. Clerk did confirm my atty had answered the summons properly also, as I was concerned if he actually had. Guess the game will continue later on.