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case management

Date: Mon, 04/13/2009 - 17:03

Submitted by anonymous
on Mon, 04/13/2009 - 17:03

Posts: 202330 Credits: [Donate]

Total Replies: 2


Anyone have experience with case management meetings regarding cc debt and collectors? I recently received a civil summons, from Daniels Law Office of Quincy, MA for an old MBNA cc debt. I sent two certified letters asking for validation, and what I got back was a copy of an arbitration award from National Arbitration Forum, who I have read is very tight with MBNA. Nothing with my signature, no payment history, contract, breakdown of amount allegedly owed, etc. The award is adressed to Wolpof and Abrams, not Daniels Law Office. It seems that Wolpof and Abrams are also very close with the Forum. I answered the summons, now have a case management meeting set for two months from now. I was told by an attorney that I didn't have much of a case. I wondering what will happen at the meeting, if the CA never produced the documents I asked for, and I have certified receipts that I sent two validation requests. My main concern was that the amount allegedly owed seemed really high, and I wanted to know where they came up with it. I also wanted proof, which they failed to provide, that they were legally entitled to collect this debt. I have a meeting set up at the court two months from now. Not really sure what to expect at this point.


As far as I know, the creditor need to provide you with complete details of the outstanding debts as a proper debt validation else I don't think that they will be able to bring judgment against you. However, you should file an answer to the summon in order to avoid default judgment which the creditor may bring against you.


lrhall41

Submitted by on Tue, 04/14/2009 - 05:37

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I answered the summons, and the court informed me that I have a case management meeting scheduled for June 12th. As far as I can tell, that's when both parties present their side of the case, at which point a settlement can be reached. If no settlement is agreed upon, the court can then decide to set a trial, or arrange a pre-trial meeting. I just find it odd that the CA is suing, even though I have proof (two certified mail receipts) that I requested validation, which they did not provide. I indicated that in my answer to the court. I also sent a copy of my answer, via certified mail (I have the signed receipt) to the CA/attorney. Are they saving their evidence for the court, or were they hoping I didn't answer the summons, allowing them to get a default judgement? I am wondering if anyone has been in a similar situation. Any help would be greatly appreciated.


lrhall41

Submitted by on Tue, 04/14/2009 - 11:47

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