have a date soon
Date: Wed, 01/13/2010 - 00:15
I had no idea about how to go about this at all. My answer was written while I was on painkillers for a fractured rib. But the judge accepted it. I called to confirm the 'lawyers' received my answer since they decided to file for a default judgement and stated they never received my answer. The lady kept telling me she got a 'letter' and kept telling me to set up a payment plan. I politely refused.
Now, we have paperwork that came showing a pretrial is set... and said 'lawyer' sent me a letter saying they received my answer and that we should work out a settlement.
I personally think I have them by the dangles, they have no solid proof of being owed the debt or they'd not send me the letter. I want to send them a letter or something that is a request for documents, for them to send me the signed comtract etc. I'm not sure where to look for how to write it for small claims court and also maybe how to write something asking the court for a dismissal based on lack of evidence of the debt (unless I shouldn't, hence why I came here).
Any info you all have would be great. I really will appreciate it and so will my pitiful 8 hours a week check from work and my two little girls. Mama needs to destress and this has not helped.
Thanks so much.
What state are you in and when was the last time a payment was m
What state are you in and when was the last time a payment was made?
Ohio and 11/05. So it's within SOL. I'm starting to think I shou
Ohio and 11/05. So it's within SOL. I'm starting to think I should offer them something just to be done with this, but I really don't have a ton of money. The stress is really messing me up.
They sent me a prod of documents letter. So they won't take money away from me that may be protected apparently. That came today.
This all just ticks me off so much because I know when the orig creditor charged it off it was for $294 and they are insisting they want $703.93+! It just seems to be not advantageous for them to have sued for such a small amount.
I know the comepany that is supposedly their client pulled my credit report twice (1/26/09 and 2/11/09). I'm guessing that was to determine if they should buy the account?
I don't know how much more I can take. My health has been not so great for the whole last year, this is only making things worse for me.
Thanks for any help. I need to figure this out very soon...
I don't know what you put in your answer, but I would ask to see
I don't know what you put in your answer, but I would ask to see the agreement you had with the plaintiff and how they calculated all the money they claim I owe. If they had proof they would have included it with the complaint. Don't get stressed, it's only money, deny everything.
If they sent a Request for Production of Documents regarding you
If they sent a Request for Production of Documents regarding your assets it sounds like they already have a judgment. I would check with the court clerk. In OH most collection cases don't get to trial, the collector goes for a Motion for Summary Judgment.
In my experience your chance of winning is less than 1%. I would save myself the stress and settle the darn thing to get it over.
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