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Sued For Credit Card Debt

Date: Thu, 11/10/2011 - 01:26

Submitted by robertk
on Thu, 11/10/2011 - 01:26

Posts: 6 Credits: [Donate]

Total Replies: 10


I live in Colorado and am being sued for a debt from 2008 for an Orchard Bank card I owed $300 on (now almost $700.00). I was laid off from work in 2008 and have only worked 1/3 of the time since. I own no property, am unemployed, do not receive unemployment benefits, and have about $10 in the bank. The attorney for the plaintiff, who bought the debt from Orchard are suing me. I sent the attorney a settlement offer letter stating I would pay them $300 early in 2012 but have never heard back from their attorney. I am due in court November 18th. I have no money or property or employment so what can they take from me? What should I do in this situation? Will replying to the Summons buy me any more time? This is a depressing situation. I appreciate any advice.


Not legal advice, but I would file an answer, and if the answer doesn't have to be verified (sworn to), I would deny everything and also include some "affirmative defenses" (look it up). Then you may get a settlement response/offer. The attorney doesn't want it to go to trial any more than you do - his business model likely doesn't include litigating a full testimony phase for a dubious chance to collect a fraction of $700. Study the the Rules of Civil Procedure that apply in the court in which the suit was filed.


lrhall41

Submitted by options on Thu, 11/10/2011 - 03:16

( Posts: 64 | Credits: )


At that low of a figure it's likely a small claims case much like what I'm dealing with. This most likely means he doesn't go through the process of discovery and answering and so forth.

With mine all I got was a notice in the mail saying I needed to show up to court for the hearing. Luckily for myself they filed in the wrong jurisdiction so I was able to file a motion for a change of venue and drag things out a bit.

For the OP, you should also check to make sure they filed the case in "your" court's jurisdiction. They have to come to you and it seems some of the shady lawyers file in their own jurisdiction which might be a long way from your home in hopes you wont show up.


lrhall41

Submitted by dce on Thu, 11/10/2011 - 03:29

( Posts: 24 | Credits: )


It sounds like you might qualify for local legal aid services. If I were in your shoes I would find out if you have a local legal aid clinic, call them up and see if they can help you.


lrhall41

Submitted by indymps6 on Fri, 11/11/2011 - 07:37

( Posts: 16 | Credits: )


Thank you for the responses. I have sent the plaintiff's, Midland Credit Management (MCM), attorney a letter asking if they would negotiate a settlement for the "alleged" debt and if I did not hear back I would file an Answer by Wednesday the 16th. I wrote "alleged" because no one has verified the debt yet. I plan to file an Answer no matter what though I am unsure exactly what to say other than I need the debt verified. The debt is approximateIy $700.00 but they are asking for attorney fees and other fees. I also sent MCM two letters asking for the debt to be verified.
Is there something else I should be doing?


lrhall41

Submitted by robertk on Sat, 11/12/2011 - 22:32

( Posts: 6 | Credits: )


I don't think you understand what an Answer pleading is. Please re-read my above post. Normally, an Answer merely responds to each numbered allegation in the complaint with the words "admitted" or "denied." Additionally, an answer can raise Affirmative Defenses. The burden of proving any allegation in the complaint that has not been admitted, is on the plaintiff. The burden of proving any affirmative defense in the response, is on you. If the plaintiff proves the allegations in the complaint while you're unable to prove the allegations in the affirmative defenses, the court issues a judgment for plaintiff.

This is not legal advice.


lrhall41

Submitted by options on Sun, 11/13/2011 - 15:11

( Posts: 64 | Credits: )


Yes, I fully understand what an Answer is and I am filing an Answer and playing dumb asking for info. on the alleged debt and saying I never heard of the debt or MCM until I was served. I sent a letter to their attorney to ask for negotiation and verification of the alleged debt as I call it. Thanks.


lrhall41

Submitted by robertk on Tue, 11/15/2011 - 01:10

( Posts: 6 | Credits: )


I checked the count court docket for Friday and saw MCM is suing 66 other people that same day! No negotiation possible.


lrhall41

Submitted by robertk on Wed, 11/16/2011 - 01:34

( Posts: 6 | Credits: )