Case Management Conference

Case Management Conference is a process in the small claim court to try and avoid the trial and find the settlement for the issue. Therefore, don't hit the panic button immediately. However, you need to be well prepared to attend the CMC, i.e. you should carry all the necessary documents that would support your stand before the judge. But anyway, don't miss the date since you may not get a fair chance to get yourself heard at the trial.

Best of luck!!

I was very underwhelmed by my case management conference. I had put together a bunch of documents supporting my case, but never really had a chance to say much. The Plaintiff showed up empty handed, and informed the judge that we had not had a chance to communicate. The judge set a pre-trial conference, and set that as the deadline for discovery. I sent the plaintiff interrogatories and request for discovery back in May, and so far they have ignored me. I have received nothing from them at all, which I finde odd. Does anyone know if you can file a motion for dismissal befor a pre-trial conference. I am losing patience with the plaintiff, and don't really want to have to keep going back to court. The plaintiff initially contacted me about the alleged debt almost a year ago, and has yet to provide any evidence supporting their claim. Just a piece of paper basically saying "you owe us money." I have thought about a countersuit, as I believe the plaintiff has committed numerous violations of the FDCPA. I don't really want to spend more time on this, but I am getting very angry at the amount of time and energy I have had to waste, and also feel that the plaintiff should be punished for initiating a lawsuit without any evidence to speak of. On the bright side, I did hear recently tha Massachusetts (where I live) is goint to be imposing stricter rules on CA's. Imagine, they might actually have to come up with proof before they sue someone. Also, glad to hear that the National Arbitration Forum is no longer in the credit card arbitration business. Pretty crazy to hear that they were owned by the same hedge fund who owns Mann Bracken (who now owns Wolpoff and Abrams.) Sure sounds unbiased.

I am located in MA as well, I have tried settleing with them, There saying I owe 10K on a Original debit of 3.5K, I offered a Settlement of 2K, they said no, I currectly have no Job and no Assets besides my Truck, The Lowest offer they would take was 4.2K

How did you answer your summons? You might want to make them prove, through discovery, how they came up with such a hight amount. Who is the Collection Agency?

Yup Answered the Summons last wed, I got the Case Management Conference letter yesterday, CA is Cach LLC and there laywer is Cambece law Office, The evidence they provided me with was 5 old Statements and a Affidavits of debt Signed From someone who works for the OC

I Denied everything on the Summons, I am guessing I now have to send them Discovery and request the Witness of the Affidavit to Appear in Court, Correct???

I am looking over the Affidavit they sent me and notice an Error, they state my name and #ss and that's correct, but the account number they have me down as opening is not correct , I looked at 4 of the Statements they gave me and its not the same account Number as there stating I opened, But the 5th statement has that account Number there claiming I opened, it looks like 2 years after my account was charged off they changed the Account number, Not sure if this is anything to bring to light

I would do what you said above and request the Witness of the Affidavit to Appear in Court and request Discovery. Because you never know the witness may be someone from their office and not from the OC.

That would make the Witness swear in a court of law, that they worked for the OC, I wouldn't trust any CA, I would not put it past any of them to try and get away with having someone from their own office do an affidavit. I think they think that most people won't challenge them or show up for court, and then it just makes easy money for them. Good luck, I hope you give them fits. I also have had to deal with Cambece, which I don't live in MA, so they will have to pass it off to another attorney in my state to be able to sue me.

Thanks, I figured I will Push them as far as I can, I have some cash and was thinking of doing Bankruptcy, But decided to push them first, Then if I have to do Bankruptcy, I even Offered them a Lump sum of 2K to settle they want 4.2K for a Debt there claim is 10K for a Org Debt of 3.5K

I have been through Chapter 7 bankruptcy, back in 2002, personally for me it was the best thing I ever did, and would do it again in a heartbeat. Which that was before the laws changed, but from what I've read, I don't believe it would be anymore difficult now then it was then. I know bankruptcy is not for everyone, but it was great for me. I hope it all works out for ya.

Thanks I have talked with Bankruptcy Lawyers already, one problem is I have a cosigner on my credit card and I dont want them to go after him, So I am going through all this, to try and settle

the collection agency, sued me, but i m not working, but they already set me for a conference, what should i do, and say, i cant give the anymoney, right now.