Going to trial on Wednesday! Help!
Date: Mon, 04/19/2010 - 12:04
My question is, what do I need to focus on? What are the key questions I need to ask them? If they try to provide proof at the trial, can I ask for time to review the documents as they have not been provided to me until the day of the trial? Technically (according to the clerk of court), they are supposed to give me the documents they are using 15 days prior to the trial. What can I do in the way of letting the judge know that they did not provide these documentw within the required amount of time and do I ask for a dismissal based on this or will they only give me a period of time to review the documents and reschedule the trial?
Help! I'm freaking out and I want to be prepared. The only documents I am going to bring of course is the copy of the summons with my response that was filed with the courts. And that is it; since everyone will have a copy of this. But I want to have some questions ready to fire at them.
Anything, ANYONE, can provide in the way of guidance would be greatly appreciated!
Do bring the copy of the summons, complaint, and answer. When y
Do bring the copy of the summons, complaint, and answer. When your case is called, stand up and tell the judge that you asked the other party for information and that they failed to respond as they were supposed to. Whether or not the case will be dismissed depends on your local court rules. Here in Illinois, the judge would order the other party to show evidence that they complied with the rules, like a record of postage, and if they can't, then the judge would order a continuance to give them time to comply with the law and for you to review the docs, then reschedule the hearing.
While I know I say this a lot in response to other posts, I do think you need a lawyer to help you. I am not saying that you cannot litigate this case on your own, only that I think it's a bad idea. Lawyers exist to help people with your kinds of questions, and depending on your circumstances, you may be able to get free or low cost help from a legal aid organization.
I wish I could OVLG! I would have done so a long time ago and wo
I wish I could OVLG! I would have done so a long time ago and would not be on this forum if otherwise. My bills have me completely tied up in my budget and I am living pay check to pay check. So hiring an attorney is completely out of the question. But I do appreciate your advice. I know the burden of proof is on them and as I stated they have provided absolutely no proof. According to the clerk of court in Jefferson County, Colorado they must provide evidence or any documents they plan on using 15 days prior to trial. The trial is in 2 days. So I'm not sure what they're up to. Technically they can't just waltz into court and start throwing documents around without my having seen them. So I guess that's when I need to object to the evidence as I have not seen this information prior to the trial. Not sure if I can request a dismissal for lack of evidence or if they would only allow me time to review documents with a continuance of trial. But either option is better than nothing.
Have you tried any of the legal aid organizations in your area?
Have you tried any of the legal aid organizations in your area? I know I suggested this before, but it's still worth checking into.
To all who have read my posts. I initially went to the court and
To all who have read my posts. I initially went to the court and spoke with the attorney assigned to my case. She showed me a copy of an old credit card statement with an old mailing address asking if I claimed that it was my account and debt. I never admitted to owning the debt, I just said that it was in fact a statement with my name and old address but did not prove that they're client, Arrow Financial owned this debt. When I asked if they could prove that Arrow financial owned the debt she showed me a generic letter stating that Arrow owned all Bank of America debts (something to this effect). When I told her that this was not evidence that they owned "my" debt she said that this was all she needed. The judge implied the same; that they needed very little to win the case!!! Incredible. My fiance was sitting in the courtroom and was just as amazed at the response. They also told me that they could get a redacted line list of the accounts they purchased from Bank of America, showing my account. We had the trial date moved so I could have time to get copies of their so called evidence. The judge didn't want to, but allowed it because the law firm representing Arrow had no problem with it. Of course after a couple days passed and I still had no copies of their evidence I contacted the law firm requesting the documents. They sent one document, the copy of an old statement. I had to email and phone them for 2 weeks before I finally got a copy of this bogus account that looked like they generated it in WORD, with my name but some address I had never lived at. This was of course my golden ticket. I contacted a consumer rights attorney right away. He thought that this was good evidence and that we could definitely do something with it. Before the next trial date, Arrow's attorney withdrew the collections case with predjudice!!! Which means they can never go after the money again. My attorney said that is a huge win and it was good that I fought it!
Arrow claimed they own all BofA debts? What bull$sh!t! I had 3
Arrow claimed they own all BofA debts? What bull$sh!t! I had 3 BofA accounts, one went to Arrow, and the others to two different JDBs.
Good on you! Now, have you sued them for breaking the law? You'v
Good on you! Now, have you sued them for breaking the law? You've got an easy $1,000 coming to you...PLUS they'll need to pay your attorney fees.
I went thru the same thing!