Case Taken to Court but no Judgement
Date: Fri, 12/12/2008 - 09:23
So anyway, i had my court date, Capital One (c/o Finkelstein in Knoxville, TN) vs. me and the judge didn't grant them a judgment.
It started off with about 30 people being sued by Finkelstein, early in the morning, one of their attorney's requested all debtors to step outside and negotiate a settlement. When it was my turn, their settlement requirements were 80% of the total amount. I immediately scoffed at that. When i spoke to the Marvin, the debt "supervisor," he said we could pay 2850 in a 30 day period. I told them this was a no go. They said fine and we'll see what the judge says.
Well, after hearing about 3 other small claims cases presented to the judge, only me and another woman presided infront of the judge, out of nearly 30 plaintiffs. The judge granted the woman a 15$ amount payment per month. I immediately smiled! HAH! take that you money sucking jerks! That's no gonna get you anything. In my eyes, they lost that case.
So anyway, my turn comes up and i requested documentation to be presented to the Judge. Well, actually, i sent a VOD letter to the law firm at the beginning of November, as soon as i received my summons, and the great, all mighty "supervisor" MArvin gave me a call and said, "we got your letter today, give me a call." So i called them up again, hoping to settle and he mentioned, that by law, they don't have to validate my debt because it wasnt within the first 30 days of the collection. i dont know if i can use that, but i thought i would mention it.
So anyway, as i step up to the judge, this attorney, while cute, was so fake. She was acting all kissey eyed to the judge and trying to flirt with him and what not. He didnt seem to into it but it made me cringe. So as it goes, i told the judge these fees/interest rates were unjust and that i'd like to see any documentation, which the attorneys said they would bring into court during my hearing. They had nothing. So the judge said he would be interested in seeing them as well. When i got up there he asked me, in a funny kind of way, "was that one of those instantly approved letters you received?" I said yes and he kinda laughed. Then he went onto a story about how his son always got them and kind of suggested that he thought they were a crock of poo.
Anyway, the attorney postponed the next hearing until febuary 4, 2009. Im hoping they cant come up with the actual paper showing my signature. I dont know though, what are the chances that this will happen? What is my next step, what should i do? Could i also bring up the "we dont have to send you a VOD if you didnt submit it within 30 days of the initial request?"
It started off with about 30 people being sued by Finkelstein, early in the morning, one of their attorney's requested all debtors to step outside and negotiate a settlement. When it was my turn, their settlement requirements were 80% of the total amount. I immediately scoffed at that. When i spoke to the Marvin, the debt "supervisor," he said we could pay 2850 in a 30 day period. I told them this was a no go. They said fine and we'll see what the judge says.
Well, after hearing about 3 other small claims cases presented to the judge, only me and another woman presided infront of the judge, out of nearly 30 plaintiffs. The judge granted the woman a 15$ amount payment per month. I immediately smiled! HAH! take that you money sucking jerks! That's no gonna get you anything. In my eyes, they lost that case.
So anyway, my turn comes up and i requested documentation to be presented to the Judge. Well, actually, i sent a VOD letter to the law firm at the beginning of November, as soon as i received my summons, and the great, all mighty "supervisor" MArvin gave me a call and said, "we got your letter today, give me a call." So i called them up again, hoping to settle and he mentioned, that by law, they don't have to validate my debt because it wasnt within the first 30 days of the collection. i dont know if i can use that, but i thought i would mention it.
So anyway, as i step up to the judge, this attorney, while cute, was so fake. She was acting all kissey eyed to the judge and trying to flirt with him and what not. He didnt seem to into it but it made me cringe. So as it goes, i told the judge these fees/interest rates were unjust and that i'd like to see any documentation, which the attorneys said they would bring into court during my hearing. They had nothing. So the judge said he would be interested in seeing them as well. When i got up there he asked me, in a funny kind of way, "was that one of those instantly approved letters you received?" I said yes and he kinda laughed. Then he went onto a story about how his son always got them and kind of suggested that he thought they were a crock of poo.
Anyway, the attorney postponed the next hearing until febuary 4, 2009. Im hoping they cant come up with the actual paper showing my signature. I dont know though, what are the chances that this will happen? What is my next step, what should i do? Could i also bring up the "we dont have to send you a VOD if you didnt submit it within 30 days of the initial request?"
this is my debt, i probably did sign something but if they cant
this is my debt, i probably did sign something but if they cant bring the actual signature to the next court session, how can they prove this is my debt? is it likely that they will bring the actual signature?
I would guess if they came to court once unprepared, they probab
I would guess if they came to court once unprepared, they probably will not do so again. They will dig up everything possibly to prove their case.
You should look into filing a motion to dismiss citing that they
You should look into filing a motion to dismiss citing that they said they were going to bring documentation to court and they did not, therefor wasting your time as well as the courts. If they drag this out I would at the very least countersue for your time and money out in all this fiasco.
Quote:If they drag this out I would at the very least countersue
Quote:
If they drag this out I would at the very least countersue for your time and money out in all this fiasco |
Several years ago (before I actually got into finance as a career), I loaned my boss $2000. He fired me a week later and never paid a dime back. After months and months of calling, I finally sued him. To make long story short, I ended up having to take 3 days off work to do all the filing and what not, so I calculated 3 days of my wages and asked for that in my complaint. When it got to the judge, he snickered and said "sorry, it doesn't work that way" - he wouldn't give me lost wages or time, only the principal $2000.
