Going to trial in 2 months - Any advice on what to expect?
Date: Tue, 03/02/2010 - 14:14
How can I get this law firm to prove that they (or their client Arrow Financial) own this debt or have the right to collect on it? They have not sent me anything and not sure how to continue this legally.
Also, what should I expect, if I forced to go to trial?
Any help to these specifics would be appreciated so I can begin preparing. Thanks to all!
I think the outcome would depend on the fact whether or not you
I think the outcome would depend on the fact whether or not you owe the debt and what document they have to prove your indebtedness. If they haven't replied to your motion for discovery, you may have to file motion to compel. Check out with the court clerk.
Keep in mind, the burden of proof is on them in court. Go in, ex
Keep in mind, the burden of proof is on them in court. Go in, explain to the judge you do not believe this is a valid debt, Arrow Financial and their representatives have provided nothing at all to show this to be valid.
VERY IMPORTANT - their attorney may try to ask if you ever had an account with the original creditor, and how much you owed. The next thing they will do is tell the judge you admit to owing that much money, and Arrow is authorized to collect it. DO NOT ADMIT TO THE DEBT UNLESS THEY HAVE VALID PROOF OF IT. They may be worse than JDB, they may have just gotten access to your credit report and be outright lying to rob you. In that case, you lose the judgment AND still owe your original debt. Admit to nothing.
Quote:Originally Posted by ...Keep in mind, the burden of proof
Quote:
Originally Posted by ... Keep in mind, the burden of proof is on them in court. Go in, explain to the judge you do not believe this is a valid debt, Arrow Financial and their representatives have provided nothing at all to show this to be valid. VERY IMPORTANT - their attorney may try to ask if you ever had an account with the original creditor, and how much you owed. The next thing they will do is tell the judge you admit to owing that much money, and Arrow is authorized to collect it. DO NOT ADMIT TO THE DEBT UNLESS THEY HAVE VALID PROOF OF IT. They may be worse than JDB, they may have just gotten access to your credit report and be outright lying to rob you. In that case, you lose the judgment AND still owe your original debt. Admit to nothing. |
Hi Thanks for the responses. Yes, they're claiming I owe Arrow Financial who I've never heard of in my life. I asked them to provide proof that they purchased this debt and have never heard from them. Really I just feel like they are trying to scare me and the more I learn, the less worried I am. Their inital summons and complaint that I responded to (by-the-way, never admitting guilt but requested that they provide proof that their client, Arrow, owned this supposed debt and they, the law firm, have authorization to collect on it) was continued by them. This is when they pulled out the big guns of a "Trial". It's surprising that they've proceeded because it's not cheap to file. Though $100+ is small change if they did get a judgement for their asking price of $18,000. Even if they continued to waste their money and received a judgement they would be out a considerable amount, seeing I have no assets, savings, etc. Thanks for the advice, I'll keep everything in mind while getting grilled by these people :)