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Spoke to an attorney about my case

Submitted by on Wed, 06/25/2008 - 07:04
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I am being sued for a debt which is now bought by a jdb. In my answer to my summons I said that I have never done any business with the plaintiff. He told me that I do not have a chance of defending myself and that I might as well sign the stipulation of settlement agreement that they sent me. i do feel that I didn't handle this properly from the beginning because I was unaware of my rights or how to defend myself. I have the stipulation agreement, I did not return it back but after hearing this I feel that I will lose anyway. Can someone here give me any advice.


How old is the debt? What is the date of last activity (DOLA) of this debt? What state do you live in? Did you ever receive written notification of this debt from the JDB that also advised you of your right to dispute this debt?

Demerits to the attorney for, seemingly, not trying to offer you any constructive advice. He sounds like an @$$!


Submitted by FloridaRon on Wed, 06/25/2008 - 08:56

FloridaRon

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Who did you make the payment to? The OC or the CA? How did you make the payment? Personal Check, Debit or credit card, money order....?

There are two ways in which the statute of limitations may be tolled. One involves part payment of the debt and the other a signed acknowledgment. As to part payment, the statute will be tolled if the creditor demonstrates that it was "payment of a portion of an admitted debt, made and accepted as such, accompanied by circumstances amounting to an absolute and unqualified acknowledgment by the debtor of more being due, from which a
promise may be inferred to pay the remainder"
(Lew Morris Demolition Co. v Board of Educ. of City of N.Y., 40 NY2d 516, 521). As to a written acknowledgment, pursuant to General Obligations Law ???? 17-101, the statute of limitations will be tolled by a signed written acknowledgment of an existing debt which contains nothing inconsistent with an intention on the part of the debtor to pay it (id.).


http://www.courts.state.ny.us/reporter/slips/12615.htm


Submitted by NASCAR_Devil on Wed, 06/25/2008 - 11:07

NASCAR_Devil

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Well then, here's my thought.

Make the CA validate this debt in court! I think you can answer the questions on the complaint to the effect that the CA has not given sufficient information to prove the debt is yours.

I'm guessing if the OC filed BK and went out of business, then the JDB has a snowball's chance in hell of proving the debt is yours.

Not sure if you can do that if you did make a payment, though.

Any thoughts from anyone else?

Whatever you do, don't ignore the situation and not go to court. The JDB would get a default judgment against you and it would then be an even bigger headache for you.


Submitted by FloridaRon on Wed, 06/25/2008 - 12:44

FloridaRon

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Ron, I filed my answer already, how do I make them validate? What do I tell the judge when I get there? Because when I filed my answer, I didn't request any discovery, I aksed the clerk about that and she was basically no help and just said "just show up"


Submitted by on Wed, 06/25/2008 - 12:50

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Guest, I am really not that much in the know on this. I've just read of people requesting validation during "discovery." I do think, however, it would have to have been requested when you filed your answers.

I'm going to bump this topic back to the top of the list and hope that someone with more experience than I have can help you.


Submitted by FloridaRon on Wed, 06/25/2008 - 14:31

FloridaRon

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thanks


Submitted by on Wed, 06/25/2008 - 18:41

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i have debt I must pay off 2, & I just don't make enough 2 make ends meet either.


Submitted by on Mon, 08/25/2008 - 19:34

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