What should I expect in court
Date: Tue, 03/02/2010 - 15:49
State of IL, Cook County
I answered a summons and my court date was today. I wish I knew what I was doing or could afford a lawyer because I believe the plaintiff messed up. When they called my name, the collection attorney said they didnt have the file on my case. The judge looked at me and after a few seconds of silence said okay do you deny the debt or the debt amount? I said yes and she set a trial date. Then she told the lawyer to get her shit together because she has 100 cases today and doesnt want 100 continues. (Capital One Day at the Courthouse, same lawyer for almost all the cases).
Do I owe the debt? yes. I dont agree with the amount and want them to prove it. Also, I believe they dont have a lot of proof. When I sent a Valadation letter they sent me one copy of a statement. Then today they had nothing.
I wanted to stay and watch a trial but I couldnt. What can I expect? The judge was telling all the people that denied the debts that it's up to the plantiff to prove their case and it's our right for them to do so. When people accepted the debts she asked them 3 times if they are sure, and told them to worry about food and shelter and paying back the debt when they can. She seemed VERY debtor friendly.
I answered a summons and my court date was today. I wish I knew what I was doing or could afford a lawyer because I believe the plaintiff messed up. When they called my name, the collection attorney said they didnt have the file on my case. The judge looked at me and after a few seconds of silence said okay do you deny the debt or the debt amount? I said yes and she set a trial date. Then she told the lawyer to get her shit together because she has 100 cases today and doesnt want 100 continues. (Capital One Day at the Courthouse, same lawyer for almost all the cases).
Do I owe the debt? yes. I dont agree with the amount and want them to prove it. Also, I believe they dont have a lot of proof. When I sent a Valadation letter they sent me one copy of a statement. Then today they had nothing.
I wanted to stay and watch a trial but I couldnt. What can I expect? The judge was telling all the people that denied the debts that it's up to the plantiff to prove their case and it's our right for them to do so. When people accepted the debts she asked them 3 times if they are sure, and told them to worry about food and shelter and paying back the debt when they can. She seemed VERY debtor friendly.
Well, if they can't come up with proper documentation, you can e
Well, if they can't come up with proper documentation, you can expect the case to be dismissed. So, keep your fingers crossed for that.
Some judges are aware of consumer rights and unethical practices of the collection agencies. You were lucky to have one such judge to preside over your case. Keep praying. If you're lucky enough and they can't produce any evidence to prove that you owe the debt, you may file a motion to dismiss.
