Getting Sued... Next move?
Date: Mon, 07/14/2008 - 06:54
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!
A signed affadavit? Oh no, that isn't even admissable in court,
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?
I signed affadvait from teh OC would never stand up in court if
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.
David Ashe- Providence Dane... the affadavit said he owned the d
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.
Contact the county clerk and ask what is required for the MTD in
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.
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.
also, i called the court and spoke to the most useless employee
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?
Indebted, all you need to do is use follow your local civil cour
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.
Well I had the court date continued... I also spoke to the attor
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.