Court Date tues! please Help
Date: Sat, 09/12/2009 - 15:19
I have/Had a Debt from my previous marriage of 21,000 dollars(thanks to my Ex) from V-star Bank,Line of credit and a credit card,I could not afford the payments so I went to a Consolidation company (Credit Solutions,Bad mistake) they basically did nothing but lead me on for almost a year and take my money and told me to save up in case they worked out a settlement, in the meantime told me not to speak to anyone they would handle everything...needless to say I got a Letter from a Collection law firm (Hiday&Ricke) in attempt to collect the debt,called Credit solutions and was lead on to believe they were talking to them etc....I sent a letter of intent or describing my situation,next thing I get was a letter saying I had a Hearing date!...spoke to their office and the woman was NOT budging ,wanted me to pay 5,000 down and 500.00 a month payments!, she also said it may have interest added on...I get the stipulation in the mail and they want interest on the closed account and lawyer fees in the sum of 26,500 dollars!..PLUS they wanted me to sign a Waiver of the FDCPA!!(sounds fishy), if I could not pay 21,000 how can I pay 26,500?...Decided to pull my credit report, the line of credit for 11,000 was closed and had a 0 balance....the revolving credit card had 10,000 balance, but was also "closed"!.... almost 99% positive they bought my loan for pennies on the dollar and have not a care in the world about me!...I have a newborn baby that was in the Nicu for 2 weeks in which accrued, multiple medical bills, I cant afford this or a lawyer for somebodies Greed!...please help...anyone?
my hearing is scheduled for this Tues!, I feel I was not given enough time to prepare for this (on purpose)
Thanks for any helpful advise
So, in other words you were never served by these Attorney's/col
So, in other words you were never served by these Attorney's/collection agency? File a motion for a continuance so you will have time to find out what recourses you have. I don't think these Attorneys can add on all that interest because under Section 808 Unfair Practices of the Fair Debt Collection Practices Act under the Consumer Credit Protection Act, federal law prohibits a debt collector from collecting any amount (including any interest, fees, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. If a debt collection agency (this includes Attorneys who are trying to collect a debt) owns your account, and you did not expressly enter an agreement to pay interest and fees to that collection agency, than they cannot charge you anymore than what the already existing balance is. Keep checking back for more replies, I will send a link to this thread to either Debtcruncher or skydvr, they are well versed in this type of situation.
Never was served, nobody ever came to the house and everything w
Never was served, nobody ever came to the house and everything was via Mail....Not even certified mail!.....They even tried to get me to sign a form to waive my rights to be protected by the Fair 1.
You will probably need to file that motion to request a continen
You will probably need to file that motion to request a continence on the grounds of improper service of summons, or you could use your sick child as a reason. Judge's are usually fair about continuances if you give them a good reason. Also, you should physically take that motion (or fax it, that's what I did) to the clerk of courts first thing Mondays morning! It's VERY important, because if you don't - these clowns will try for a default judgment! Don't let that happen, if you can't get a continuance on this short of a notice then whatever you do show up in court!! Take all the correspondence you have from these idiots with you, also start a journal while it's still fresh in your mind of the day and time they called and what they said to you. I think this judge would be VERY interested in knowing these idiots were trying to get you to sign off on the FDCPA. My gosh, that is ridiculous!! If you need help writing a motion, go to your county court house website (probably civil court?), and research how to file a motion and what the proper format is.
Thanks
Wow, you are awesome, thank you very much, i already emailed the free lawyer in florida, I will look for that motion again....thank you thank you very much....It really is hard to believe they actually tried all this in writing!...and I have everything.
Quote:Originally Posted by AnonymousWow, you are awesome, thank
Quote:
Originally Posted by Anonymous Wow, you are awesome, thank you very much, i already emailed the free lawyer in florida, I will look for that motion again....thank you thank you very much....It really is hard to believe they actually tried all this in writing!...and I have everything. |
That's GREAT, make sure you let your Attorney know that you have documentation, it will make your case that much stronger, it will also encourage the Attorney to take your case, it could be a win-win situation. Maybe this consumer Attorney can sue this CA for FDCPA violations. I'll keep my fingers crossed. Keep checking back for more replies.
Motion for a continuance
I cant find the form for Motion for a continuance in the duval county clerk of the courts. Anyone know where it is on the site?
Thanks
Hmmmmm, that's not an easy site to navigate. I called the clerk
Hmmmmm, that's not an easy site to navigate. I called the clerk of courts in my county and asked if they had a web address where I could locate the proper format to file a motion, they wouldn't tell me how to do it of course but they were helpful and gave me a web address which showed the proper format. I can post a standard sample of how it looks but my suggestion would be to contact your clerk of courts first thing Mon morning and ask for a web address to locate that type of information. Just tell them you are going to file pro se' for a continuance.
SHOW UP FOR THE HEARING DO NOT JUST FILE ANYTHING. You can ask
SHOW UP FOR THE HEARING DO NOT JUST FILE ANYTHING. You can ask for a continuance oral tenis in open court.