Notice for Trial has been set. What should I expect?
Date: Tue, 02/23/2010 - 12:12
I found, after contacting Boulder County Court, that this same f
I found, after contacting Boulder County Court, that this same firm was the one responsible
for supposedly getting a judgement against me. However, I was NEVER notified of anything.
Contacted via Email, and they still have NOT sent me the required information. Guess I'm gonna have to file complaints with the following:
Cobar - Colorado Bar Association
Office of Attorney Regulation
Plus any other agencies I can think of.
I just need to get the necessary information, I'm gonna file to have judgement vacated.
For lack of contact, improper service and more.
Good luck!
Quote:Originally Posted by kdestefSo Macholl and Johannes Law Fi
Quote:
Originally Posted by kdestef So Macholl and Johannes Law Firm has sent me a notice, as they initially informed me that they would, that they have set trial for April 21st to take me to court regarding a past credit card debt upwards now of $15,000 (original debt was $9,000). |
Hang on a second--a lawyer sent you a notice? Or the court sent you this notice? Something sounds very wrong with what you have said there. It could just be the way you said it, but let me ask a couple questions to make sure.
1--did you ever get served a summons for this trial? Did a sheriff or process server provide you with a summons and complaint, or did one come in the mail? If you have not been served with a summons, then I would be VERY suspicious of this "letter".
2--if you did get a summons, did you file your answer?
3--the letter you got, is it on the lawyer's letterhead, or is it from the court itself? Is there any case number, anything identifying the county court where this trial is to be held?
4--is the county court in your county of residence?
Quote:
I have no choice but to be present without counsel because as you might have guessed....can't afford it. I have even attended a course at the US Bankruptcy courts here in Colorado to learn the basics of how to file bankruptcy pro se. My first question is what should I expect at the trial, especially without counsel? Aren't they (Macholl and Johannes) supposed to send me some information to fill out or isn't there a discovery period in which they dig up all the dirt on me? |
Is this one letter the only thing you have received in writing that mentions a court case? If it is, you NEED to check with the court clerk's office in your county ASAP. Check with them to verify if there is a real case filed against you. If there isnt, be sure to let us know.
Quote:
I have received nothing from them regarding this. Will I or should I receive or expect some contact for this information? Since I am presently working on all the paperwork and logistics of filing Bankruptcy pro se, should I even bring this up in court or would it hurt me? |
If you are legitimately filing bankruptcy, then once you file it, you need to inform them. That will actually put an end to their lawsuit, if there really is one.
Skydivr7673, Sorry, probably should've explained a little more o
Skydivr7673,
Sorry, probably should've explained a little more of the history. They did serve me (via my fiance-didn't know they could do that-he was the one who answered the door) with a summons and complaint on my county's court forms. I called the court and the law firm had not even filed it yet. The clerk told me that law firms sometimes do this to save money in case I contact them prior to the prearranged court date. I waited until closer to the date and they eventually filed the summons and complaint. I therefore was able to respond to the complaint and neither denied or admitted to guilt but requested that they verify that their client (Arrow Financial) really did own the debt and that they had the right to collect on it. I didn't have to be present in court since I filed a response. I called the afternoon of court to ask what the response was from counsel. The clerk informed me that they asked for a continuance. And they never did send proof that their client owned the debt or that they had right to collect on it. I next received in the mail, on county court forms, intent to set trial from the law firm. The other day I received via mail again that they had set the trial date for April 21st. They again used the county court forms but they didn't include the case number which I would think they had from the original summons and complaint. I'm wondering if they have even filed it yet as they did with the summons and complaint hoping I will contact them prior.
So, my main question is what should I be prepared for in court? And because I requested in my response to the summons and complaint that they supply me with proof that they or their client had the right to collect on the debt do they have to do this? I have not filed the Bankruptcy paperwork yet, but am I obligated to disclose that I am in the process and have intent to file Bankruptcy? I'm wondering if telling them would help the judge decide whether or not they should or can pursue me.
Also, don't they need a period of discovery to find out about my financials and any assets for trial? I mean they obviously can prove my guilt, but I have nothing to give them. So wouldn't they need this info to determine my ability to pay the debt? I will obviously make sure I have my financials but I thought they would be requesting or investigating this as well. Doesn't seem the case.
Thanks for the concern in the law firms fair or unfair dealings. I believe they have handled it as they are expected to, but again, I haven't gone through this before.
If you have any other advice or can answer some of questions it would be much appreciated. Thanks!
Quote:Originally Posted by kchahnI found, after contacting Bould
Quote:
Originally Posted by kchahn I found, after contacting Boulder County Court, that this same firm was the one responsible for supposedly getting a judgement against me. However, I was NEVER notified of anything. Contacted via Email, and they still have NOT sent me the required information. Guess I'm gonna have to file complaints with the following: Cobar - Colorado Bar Association Office of Attorney Regulation Plus any other agencies I can think of. I just need to get the necessary information, I'm gonna file to have judgement vacated. For lack of contact, improper service and more. Good luck! |
I think once they get the judgement against you, the period of validation is moot (ie-requesting from them proof that they own or can collect on the debt). But I'm not totally sure. If anyone could verify this it would be appreciated.
Also, I'm pretty sure that to take it court your first have to served with a summons and complaint. You were never served paperwork? Or anyone in your family (spouse, person living with you, etc)? I don't know the logistics, but I'm fairly certain that is impossible for them to do.
Also with judgements, it's usually a one shot deal. They have a period where they discover your bank accounts and then when they receive a judgement, this allows them to take whatever is in the account 1 time and 1 time only. Did they do this to you? I do know judgements really jack up your credit but if they never served you I'm not sure how they ever got a judgement. Did they tell you or did you see it on your credit report? Interesting.
I would certainly pursue your intent to report them to Cobar - Colorado Bar Association and Office of Attorney Regulation. That seems completely illegal and impossible for that matter, but what do I know? :) Good luck to you with having your judgement vacated. And thanks for your input.
If the plaintiff is Arrow, that is a Junk Debt Buyer, or JDB. W
If the plaintiff is Arrow, that is a Junk Debt Buyer, or JDB. Which means that it is likely that they CAN"T prove their case against you, if you fight them. And your assets and financial information are none of their business unless and until they get a judgment. You should be sending them discovery, interrogatories, requests for admissions, requests for production of documents, to make them prove their case.
[QUOTE=It's a JDB;658719]If the plaintiff is Arrow, that is a Ju
[QUOTE=It's a JDB;658719]If the plaintiff is Arrow, that is a Junk Debt Buyer, or JDB. Which means that it is likely that they CAN"T prove their case against you, if you fight them. And your assets and financial information are none of their business unless and until they get a judgment. You should be sending them discovery, interrogatories, requests for admissions, requests for production of documents, to make them prove their case.[/QUOTE]
Hi, yes, I've heard Arrow has had some issues with legalities and collection. I don't even know if Machols and Johannes (Arrow's attorney) has even begun the process of trying to get my financial information. Would I know? How do I go about legally sending them discovery, interrogatories, request for admissions, requests for production of documents, etc? I requested in my response to their initial summons and complaint that they prove that their client owned the debt and that Machols and Johannes had the right to collect it but they never sent anything. At least that's documented in the court records. But not sure if they even have to reply to my response to the summons? Do you know? Specific advice on how to approach these people with gaining info on their rights to collect on this debt would be most appreciated.
Never heard anything from them. First time I've heard anything w
Never heard anything from them.
First time I've heard anything was when I
recieved a letter, dated Dec 22, 2009, stating
they had an account of mine, converted to judgement.
When confronted, via E-Mail, they claim it was from 2004.
Of course, they failed to send anything regarding the matter.
As for stealing anything from bank account(s), they're out of luck.
I have NOT had checking/savings/credit card accounts for many years now. Do not trust banks with my money, after they've screwed me over
with a work related bonus check years ago.
In the Email I got back from them, they clearly state they do NOT have to provide me, or send me, the required information.
Have another thread going, regarding that deal!
Two contacts by the BBB resulted in NO reply.
Complaint filed with AG office. Apparently, they decided
that their violations of the law is humorous!
The law office was contacted, and they too have also failed
to send anything regarding the matter. Planning on reporting them
to the necessary agency(ies) as well.
Contact with Boulder County Court confirmed allegations.
But, they state that their paperwork regarding matter has been destroyed.
So, I'm planning on sending something back to the court, requesting that
the alleged judgement be considered null and void, and that it be vacated WITH prejudice, so that they CAN'T refile a bogus claim.
And also thinking of filing fraud complaint and/or charge against both law office/CA for the bogus filing. Still beyond SOL. Since they have NEVER
made contact, provide me with any information etc.....
What you need to do is conduct discovery. I'm surprised the Pla
What you need to do is conduct discovery. I'm surprised the Plaintiff has not sent discovery to you. That is where they sometimes get sneaky and ask in interrogatories about your bank accounts, employment, etc. Object to these questions as irrelevant.
You need to ask them questions. Make them produce an accounting of the alleged debt from a zero balance. Make them prove they own the account and have the right to collect.
Check out your state's Rules of Civil Procedure to find out more about discovery, whether you need to ask the court's permission to file it, what types you can file.
Basically the types of discovery are interrogatories (questions), requests for admissions, and requests for production of documents.