What should I expect at this hearing?
Date: Wed, 04/09/2008 - 08:35
I have a credit card balance that, due to difficult financial times, I could no longer pay on. I attempted to settle with the issuing company, but they wouldn’t work with me. This has now been passed along to a CA, and also the National Arbitration Forum has issued an award in favor of the claimant. The award is dated October of 2007.
Since then the account has apparently been passed along to another CA. I just received a notice from the Superior Court in my county, complete with a Civil Docket #, "Notice of Scheduled Appearance."
It says, "You are required to appear in the above referenced case for a:
Motion/Hearing: arbitrator's award"
Then it gives the date & time, June 2nd, 2008 at 2 p.m.
FIA Card Services NA Plaintiff, V XXXXXX Defendant.
Rule 9A list of documents
Pursuant to Mass. Super. Ct. R. 9A Plaintiff submits the following documents
1. Plaintiff's motion to confirm arbitration award
2. Affidavit of Compliance with rule 9A
3. Copy of Arbitration Award
4. Judgment Order
This is signed by the plaintiff's attorney.
The rest of the pages are the above named documents.
My question is, what should I expect to happen at this hearing? What would happen if I don't show up?
Another thing to consider is that I am judgment-proof. The only thing I have of value is my home, which is homesteaded (Massachusetts), unless they count a 12-year-old vehicle, there is nothing else they can attach for this unsecured-debt. I would be happy to negotiate a settlement with them, but like I said, I've tried this already and didn't make any progress.
Thanks in advance for any insight!
Aside from pissing off the Judge,its probably a good idea you go
Aside from pissing off the Judge,its probably a good idea you go.
Secondly, You will be in a better position to advocate for yourself and maybe have the judgement reduced.
Good luck!
I am sure an expert will be by to answer the other questions you brought up in your thread.
It's important that you show up so you will be aware of what is
It's important that you show up so you will be aware of what is happening.
If you have any paperwork showing that you have tried to settle this account with them, bring them, or any other that you think may be helpfull.
Usually the judge will set a payment plan, at least in the cases I know about. If you are having hardships, when you answer the document, you can claim hardship, but need to show why. Although if there has already been a hearing in 2007, and an award or judement set, I am not sure.
You have time to consult a consumer attorney, usually their first visit is free, and see what your options are.
Someone with more knowledge will come along and help you! Good Luck..Karen
