Being sued in small claims court - Help

What state do you live in? Whats the name of the collection agency that is sueing you?

When was your last payment on the account? Is it still in SOL?

You dont know for sure that dont have the contract.

I am always surprised when law firms sue in small claims court. In my state, I consider that a procedural error - specifically, there is no discovery process. If they show up to trial without admissible evidence and live witness testimony to authenticate documents, then one hearsay objection and the case is dismissed. There are no second chances.

Of course, they will try and strong arm you in the hallway to sign a settlement agreement and hope you default on the payments. I suggest you go to trial, make them prove their case, and in the interim educate yourself with the wealth of information available on this site.

You can win, but it is up to you to do so.

I live in Indiana. Last payment is probably a year and a half ago. It is well within SOL.

I am wondering if I should just try and settle beforehand. If so, what is a good percentage to offer? I would hate to show up and all of the sudden they have all of the paperwork to prove their case. I would almost chance a reduced payoff now versus going to court.

I owe the debt. I have a little bit saved up to take care of it. I would almost rather make them an offer so I don't have to go through this in six months with another JDB. Maybe I just have a lazy attitude. lol

Did you ever receive a letter of colletion from this collection agency in the mail? If you did, did you request debt validation and did they send you proper validation?

[QUOTE=I would hate to show up and all of the sudden they have all of the paperwork to prove their case. I would almost chance a reduced payoff now versus going to court.[/QUOTE]

They are banking their entire case on your fear. I would recommend you take the money you have saved and retain an attorney in your area who handles credit card defense cases. It will probably cost you $500 or less and this matter will likely get dismissed. In my experience, these third party debt buyers NEVER have ANY admissible evidence to support their claims. The reality is, any settlement you make will not prevent them from reselling the debt unless you get the matter dismissed with prejudice.

Quote:

Quote:

Quote:

Quote:

Since it's small claims there won't be a chance for discovery or validation, correct? I just don't see how the judge can make me pay anything based on the joke of a paper they attached to the court notice as it proves nothing.

Correct, there is no discovery in small claims court. However, these debt buyer lawyers are slick and will try to introduce inadmissible evidence. Unless you know what to object to, the evidence will be admitted. Even if the evidence is not admitted, they will often put you on the stand and get you to admit to owing the debt even when they can't prove it.

If you can get a settlement agreement in writing, then that is better than nothing. But like I said, I would rather pay a lawyer $500 (or less) to appear for me, ask the right questions, and make all the right objections. What usually happens though is the case gets dismissed immediately by the plaintiff once they see you have a lawyer.

The group is Calvary Portfolio Services. The "Affidavit of Claim" says the following: John Smith is an employee. He is acting in the capacity of legal administrator. The annexed statement against me is true, and correct according to their books/records. In the normal course of business Calvary maintains computerized account records. John Smith has reviewed the computer record and could testify to the following based on that review. The balance due and owing to Calvary Portfolio is $8xx plus 24.99%. Also states that I am not an active member of the military.

First, CPS is a bottom feeding debt buyer that purchases debt portfolios in bulk with no documentation on the accounts.

Second, the "affidavit" is inadmissible hearsay. Unless the original creditor is CPS, their ridculous legal administrator cannot testify about, or authenticate documents from, a debt from some other original creditor (e.g. Capital One, Bank of America, Chase etc).

Third, CPS would need to produce copies of all original documentation from the original creditor AND have a representative from the original creditor fly in and testify as to the authentication any documents before they can be admissted. In any event, no documents or affidavits manufactures from CPS would be admissble.

Don't let these scammers fool you, bro.

So you're saying I should show up to court and "call their bluff"? The attachment seems very (very) weak. I can't see how any judge could rule in their favor based on that slip of paper.

Yes, object to any evidence they try to admit as hearsay, absent live testimony from the original creditor. If they want to put you on the stand, do not admit anything about the debt. As far as you are concerned, unless they can provide some documentation to refresh your recollection you do not recal ever owing such a debt.

Think of it this way, unless they can prove what the original debt was, who it was owed to, what the agreed upon interest rate was, how much in legal fees they are entitled to collect, etc. how do you know the total they are asking for is correct unless they can prove it? In other words, the amount they say you owe is correct because their silly legal administrator (who probably never graduated high school) says so because it is on his computer scree? Gimme a break! Assume nothing, make them prove everything.

Thank you SO MUCH for you help!

I've never been to small claims court before. Any ideas on what to expect? Do I deny their accusations? Will I be put on the stand? Can I get in trouble if I play dumb and claim to know nothing about this account?

Quote:

It is a lot like Judge Judy. The plaintiff,or their attorney speaks, then you have your chance to speak. Don't speak out of turn, you can't object in small claims.

Depends at how good you are at denying it and to convince the court. You really can't get in trouble but there are times you could be held in contempt,lying under oath. You do not see it in small claims that much and if you have denied it through your whole defense, then you should have no problem.

If you have denied it already and they have documentation of this such as in the form of an answer to the summons, under NO circumstances do you say, " I do not recall" it is a 100% denial or you admit it is yours.

Well, my court date is tomorrow. Any last minute advice other that what has been listed?

Update - I went to court this morning and it was nothing like I thought it would be. The attorney took me into a room and was asking my all sorts of information. I would only confirm the information he had. I would not tell him where I worked. He asked if the debt was mine and I said "No, I don't believe so". He then told me they would file a continuation and would not set a date. Thoughts?

they may be fishing ... specifically to subpoena records. Then again, this may go away since you showed up.

Can you be more specific as to what the attorney was asking you?

Quote:

They don't need your social, place of employment or address to file a continuance. They are up to something. I'd make sure they filed a continuance and not a default judgment against you. The only reason they'd need that information is to file a wage garnishment against you. Make sure you check with the court and confirm what is happening with your case.