Interesting twist in my court hearing

Should be fun to see what the judge says.

Good catch, Texgal.

Very good catch indeed. Especially seeing how you're suppose to be in court tomorrow. Please do let us know on the outcome of this. It may actually end up being in your favor.

Have you done any other work towards your case?

Regards
Mike

Bring that letter they sent you to court with you..Then if they show up you can prove that they were trying to screw you up.

This is becoming very common among the scum debt attorneys. They think if they do this, they will get an automatic default. I think they forget that we can call the courts and verify the date and time of the court case. Great catch!

I have an entire folder of documentation including copies of letters I sent them (and certified receipts) asking for validation of the debt, to which they never replied.
I am trying to do this pro se, though I did enlist the help of an attorney to file an answer to the original summons. I just can't afford atty for this. I will post tomorrow after court...hope things go OK!

Good Luck! I hope things work out well for you! Keep us posted!

Good luck, Texas. I was listening to the radio while taking the kids to school this morning. There was a judge on a talk show who said she actually preferred dealing with people rather than lawyers. She said even though the people usually didn't know the laws very well, most of the time she didn't have to guess which ones were telling the truth.

I don't think having an atty there with you is really necessary. I spoke with an atty regarding GC Services a few months back...He even told me it would cost an ungodly amount of money for him to help me, when it's something I can do myself.

Just be sure you're there. What they'll do more than likely is call you and the agencies rep up when it's your turn and arrangements will be made then. When I went for my dentist office bill, their rep and I made an agreement in the hallway BEFORE we were even called up. All we had to do is tell the judge what we agreed on.

Way to go Texas Gal!! This is a great example of being omn top of you financial dealings, and knowing what is going on at all times. Take everything you have to court, don't thing the judge will be too impressed with them. I have a good friend who is a judge and attorney, they don't like people wasting their time!..Keep us posted...Karen

I'd also report thiss attorney to the Bar Assc. and other applicable state boards. He seems to be sending fake and missleading documents to people. You have the proof.

Texas Girl, keep us posted. We are all interested in the outcome.

TexasGirl, Keep us posted it is going to be intereesting to see what the judge has to say. KYSIDE38

I had a GREAT day in court. The judge chided the attorney and said that she was surprised I hadn't filed suit against him for some of his anctics!(MMMMMM maybe I should!) Anyway, I showed that they had refused to validate the debt and handed over my stack of documentation with inaccuracies highlighted (like they sued me in the wrong precinct even though I pointed that out when I answered the original claim to the court). The judge denied the motion for continuance and dismissed the case because the SOL has passed. They have to pay all court costs. Finally a victory in my 3 year battle over this one disputed credit card debt!

Texas Gal!! Congratulations! :) I knew the judge would see it your way. YAYAYAY!

hats off to you Tx Girl, rack ten points for the little people in this world

Congratulations Texas Gal.. See what being sneaky gets you. They did not expect to see you in court and probably knew they were going to lose

Texasgal, Congradulations!!!! Its good to see the good people win a battle. KYSIDE38

That attorney is guilty of mail fraud which is a criminal offense. If you can get him arrested for the charge, you have proof, he will be mush easier to sue for trying to deny your rights. Go and speak with either local law enforcement or the Postmaster General.

[quote]The federal mail fraud statute, enacted in 1872, was designed as a general "proscription against using the mails to initiate correspondence in furtherance of 'any scheme or artifice to defraud.'"7 In 1909, Congress explicitly extended the reach of the statute to the protection of property rights by adding the words "or [*pg 593] for obtaining money or property by means of false or fraudulent pretenses, representations, or promises."8

Although other federal criminal statutes rely on definitions of property,9 mail fraud case law represents one of the most ambitious [*pg 594] descriptions of property in all of case law.10 One reason for the availability of this broad analysis is the amazing flexibility of the statute. Besides a deprivation of a property interest,11 prosecutors need only prove an intent to defraud and the use of the mail as part of the crime. The ease of proving these three elements led Chief Justice Burger to comment:

Section 1341 of Title 18 U.S.C. has traditionally been used against fraudulent activity as a first line of defense. When a "new" fraud develops -- as constantly happens -- the mail fraud statute becomes a stopgap device to deal on a temporary basis with the new phenomenon, until particularized legislation can be developed and passed to deal directly with the evil.12
Punishment for a conviction under the mail fraud statute is a fine or imprisonment for not more than five years, or both. If, however, the violation affects a financial institution, the punishment is more severe: the statute provides that "the person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both."[/quote]