Being Sued by Edwin A. Abrahamsen & Associates
Date: Fri, 03/09/2012 - 15:25
I have to go to the Magistrate this Wednesday for a civil hearing. Edwin A. Abrahamsen and Associates is suing me for a defaulted Capital One Account from 2009. Basically, I made a mess of my finances when I was forced to move out of my parents' house right after college and had to use credit cards to survive. However, I am now paying them off one or two at a time.
When I received the letter from this office, I immediately set up a debt management program to send them monthly payments that I could afford. I did this so I would have proof that I was making payments. Apparently, this wasn't good enough for them and they filed suit. After I received the letter from the magistrate, I sent Edwin and Friends a letter offering $100 a month, stating this was all I could afford and that I really don't have any assets they could seize so suing me wouldn't get them anything more. I told them that as soon as I received written confirmation that they accepted this, I would send the first payment. I also stated that if they refused or did not reply, they would see me in court as I was not going to allow them to get a default judgement against me. The letter was sent certified and return receipt so I know they got it. However, they never replied.
So now I have to go to court and it is something I have never done. I know I owe the money so there's nothing to dispute there. My plan is to go with documents from the debt management program, the letter I sent offering $100 a month, and the return receipt card so I can prove that I have made an effort. I am also going to bring paystubs and proof of my expenses so the judge can see that I cannot afford to pay anymore than I have offered. I cannot afford a lawyer so I am on my own here. Does anyone have any other advice? Is the judge actually going to take any of this into consideration or is he just going to order me to pay everything at once? I am terrified and don't know what to expect. I am imagining an episode of Judge Judy and hope it is nothing like that!
When I received the letter from this office, I immediately set up a debt management program to send them monthly payments that I could afford. I did this so I would have proof that I was making payments. Apparently, this wasn't good enough for them and they filed suit. After I received the letter from the magistrate, I sent Edwin and Friends a letter offering $100 a month, stating this was all I could afford and that I really don't have any assets they could seize so suing me wouldn't get them anything more. I told them that as soon as I received written confirmation that they accepted this, I would send the first payment. I also stated that if they refused or did not reply, they would see me in court as I was not going to allow them to get a default judgement against me. The letter was sent certified and return receipt so I know they got it. However, they never replied.
So now I have to go to court and it is something I have never done. I know I owe the money so there's nothing to dispute there. My plan is to go with documents from the debt management program, the letter I sent offering $100 a month, and the return receipt card so I can prove that I have made an effort. I am also going to bring paystubs and proof of my expenses so the judge can see that I cannot afford to pay anymore than I have offered. I cannot afford a lawyer so I am on my own here. Does anyone have any other advice? Is the judge actually going to take any of this into consideration or is he just going to order me to pay everything at once? I am terrified and don't know what to expect. I am imagining an episode of Judge Judy and hope it is nothing like that!
Regardess of the fact that you are making payments, they will ge
Regardess of the fact that you are making payments, they will get their judgment. Your "evidence" will not prevent this. You are in breach of your cardholder agreement and it is their legal right. The judge will encourage them to accept payment plan, but he cannot force them. Hate to say it, but all you have told the law office is that you have no understanding of the law or court proceeding. You could ask a contingency judgment, which allows you to make payment. In return, the law office agrees not to pursue a wage garnishment or bank levy
