Went to Court--Frustrated!
Date: Wed, 11/19/2008 - 11:43
We went back to the courtroom where the judge, asked me what I wanted to do about the Dismissal I'd filed. I told him I wanted to proceed with it. He said: I'd have to call upon the other side to do so. I didn't understand. So I told him I had sent a copy of the Dismissal Motion to the other side. He said: "Yes, but you also have to call them up on it." I have no idea what that means.
He set a new court date for December 17--great just what I need for the holidays.
Then, looking over the papers I submitted, the judge again insisted that I was being represented by a lawyer or had received legal advice. Again, I told him: "No. I hadn't."
And now he was angry at me, because he didn't believe me, and so he shouted: "I'm not going to argue with you."
Sheesh! I had no legal advice or representation whatsoever and wrote those all of the papers, including my Answer, Affirmative Defenses, Motion for Discovery, Counterclaim, and Motion for Dismissal, myself, got them notarized and submitted them to the court.
I'm so upset about the way the judge treated me, and over my own ignorance in the courtroom, that I decided to hire a lawyer. After calling almost every one of them in the phone book--who didn't take on these kinds of cases, I called a lawyer who used to be a county prosecutor. He's known as being a total jerk.
He said he'd take on the case for a $750.00 retainer. I asked him what the total cost would be to represent me, and he said it usually ran about $750.00 total. So I took all of my papers, went to his office, and hired him. He was a jerk, didn't even shake my hand and said immediately that I didn't do some things right and implicated myself in my documents--that I should have denied everything. He also said that I'd have to pay him extra to read all of those lengthly documents I'd filed. He said I'd "outsmarted" myself. As for my Counterclaim, he said he wasn't even going to touch it.
That sucks, because I feel I have a good case against them for all of their violations of the fdcpa. Plus, they never validated the debt. I never head from this CC company's lawyer until they served me.
Anyway, I'm so upset about all of this. I'm beginning to believe that it's best to hire a lawyer in cases like this. Yes, I wrote some good papers and dug out a lot of good caselaw to use against the other side--but I probably did give the other side some evidence to use against me. And knowing what to do or say in court is a whole other ballgame. I had personally never been to court before. I was completely lost. Also, everything I knew about civil suits, I'd learned on the internet, and that's not specific to my local jurisdiction.
So keep all of that in mind if you're thinking about representing yourself in a civil suit after learning about law on the internet.
I can agree that if you are not clued into consumer law or know
I can agree that if you are not clued into consumer law or know what you are doing, you can get the shaft in court. This happened to me inregards to a medical bill. I am now getting sued by "Capital One" (not sure if it is really a junk collector) and have contacted a consumer debt attorney close to where I live. It is best to get sound legal advice when dealing with this type of thing. I am in the same boat as you. All this is happening around the holidays and I am at my lowest point now.
shouldn't feel like that.we all go through some stuff.their is a
shouldn't feel like that.we all go through some stuff.their is a light at the end of the tunnel
some thoughts-- 1--you said you were being sued by Discover.
some thoughts--
1--you said you were being sued by Discover. If thats the case, then they are the original creditor. As such, the fdcpa does not apply to them at all, so thats probably why your lawyer wouldnt touch the counterclaim.
2--an original creditor is not required to provide you validation of the debt. All they need is even the most basic documents, and things will generally go their way in court.
3--char62--Capitol One is not a junk debt buyer--they are a creditor. As far as I recall, Cap One is only an original creditor, just like Discover is. They dont buy up third-party debts as far as I know. That would explain some things about your case perhaps as well.
Discover and FDCPA
Some states have statutes that mirror the fdcpa. In California the Rosenthal Act (fair debt collection law) also applies to original creditors collecting their own debts. In a California court, Discover would be liable for violations of fair debt collection practices.
I don't know what other states have a similar statute.
everyone hates lawyers, and complain about them, but they do ser
everyone hates lawyers, and complain about them, but they do serve their purposes sometimes
I realize that Capital One does not "buy" debt. I was assuming s
I realize that Capital One does not "buy" debt. I was assuming someone else bought this debt and was trying to collect on it by hiring a debt attorney to do it. I did hear back from a reputable consumer attorney and he told me that it appeared this was genuine and I could 1. offer a settlement less than what they are wanting 2. pay what they are asking. Plain and simple. If the debts were bought by a junk collector, then you have grounds to validate etc...I have 4 cards. Two of the are with Capital One (My bad luck) and 2 are with other cc companies. Those have been bought by junk collectors according to my report. The attorney said he could deal with those and maybe help me out. I will either have to settle or go to court on the Capital One accounts. This is a never ending nightmare that I feel will never go away all because of lost income and not being able to pay. I don't see how in the world it is possible to get out of this and I have NO extra money to pay this. I have tried getting loans last year to pay this stuff off and no one would give you a chance. I am just at a low point right now.
guest, I filed BR and was dishcharged three years ago. This is t
guest, I filed BR and was dishcharged three years ago. This is the stupid part of my ordeal. I thought I needed Credit cards to help strengthen my credit again. Wrong and I would suggest to anyone NEVER to apply for anything like this after a BR. I am not eligible to file until 2014!!!Everything was fine paying them until we lost an income last year and then the bottom fell out. To make matters worse, I received another Certified Letter Yesterday to sign for. I was at work so the postmaster left a receipt for my fiancee. I am running by the post office to see what it is saturday. I can't keep taking off all the time for this stuff and keep my job. That's another thing. I am terrified of losing my job over this mess. I have heard of companies firing employees and with the economy the way it is, I feel lucky to have a job.
char62, take a deep breath and realize that you will be fine. W
char62, take a deep breath and realize that you will be fine. We here all feel your pain and have lived through your story and some even worse off then you so keep your head high. You are to be commended for trying to represent yourself, I think that's awesome that you gave it a shot. It's all part of the learning process. Judges don't want you representing yourself because it looks bad on the profession and if you do it right then there are no need for lawyers. Lawyers and judges have a very I'll scratch your back if you scratch mine attitude, IMO and from what I've seen the few times I've had to go to civil court.
thanks ndmike. It has really been rough because the BR was bad e
thanks ndmike. It has really been rough because the BR was bad enough, but I have never been sued before in my life! Thanks to a rotten divorce and ex hubby, I had to file BR,lost my house and now this. The past five years have been nothing but heartache. The only bright spots have been my grandson and fiancee. I think he is going to try and tap into his annuity and get a hardship somehow to pay the bills I have. I am not sure if he can do this, but he is willing to try. My 401K has practically been wiped out by the economy and having to take out for legal fees, bills etc. It is a mess. Congress needs to help us out with these creditors. It's not only the Foreclosures that are killing this economy and they need to wake up that there are other credit problems going on as well. If they would divvy out the money to the american people, we could pay off our homes, cars and debt and buy to get the economy going again.
same here, I'd never been sued before either and I told the judg
same here, I'd never been sued before either and I told the judge that and he acted really uncaring. I know they're necessary and serve certain needs but sometimes I wonder whose needs they are actually serving, maybe their own, who knows. My story is just that I started a business that was very successful until the economy went to pot then people stopped buying and my business had to close so all my loans and cc's have gone into write offs and my credit now sux but I do still have my home somehow, though, I feel like it is a matter of time before I lose it too with these damn CAs that will stop at nothing and even try to put liens on your home, garnish what wages you have left, etc... Okay, now if someone could help me down off my soapbox. haha!!
if you filed BK 3 years ago (guessing chapter 7) you could still
if you filed BK 3 years ago (guessing chapter 7) you could still file a 13 now.
I checked with the attorney and I am not eligible until July 200
I checked with the attorney and I am not eligible until July 2009 to file. Also, I am not sure if 13 is the way to go because your assets are tied up in the court system until the debt is paid for. Also you are out alot of money on attorney fees each month because they "administer" the accout. The only people making money in these cases are the courts, lawyers and of course the debt collectors who know they can harass stupid people like me because I can't file a chapter 7. I truly believe that is why I am being sued now and raked through the coals.