Court Tomorrow

Which court are you appearing in and who is asking you to bring this information. What state do you live in?

I live in Louisiana and it's 15th Judicial District Court for Judgement Rule.... Long story short, when i recieved the citaton I contacted Dendy law offices and spoke to them and was naive. I believed what they told me and didn't realize a citaton meant a suit had been filed against you. I know DUH!

Is this like Small Claims Court? I would think your creditor would have to convince the judge why they are not accepting payment arrangements--so it would almost seem like the burden of proof is on them.

I dont' think it's small claims court being as the debt has gone from $4000 to 12,500 since CACH took it over! I have many many letters i've sent them for validation and to arrange some sort of payment plan. We'll see I guess. I'm praying they dont' show up!
ha ha wishful thinking i guess

Ang is going in for a debtor's exam.That's what we call it in Louisiana.They will place you under oath to answer questions and produce documents.Make sure to tell the truth so you don't get nailed with perjury. I also live in the jurisdiction of the 15th district.

Does that mean we live close? ha ha See, I AM naive! What kinda questions are they gonna ask me? Ok, if they ask me if i work, which i do 16 hours a week but i get paid cash, is that legal? Can i get into trouble for that? Now i'm even MORE scared cajun! YIKES!

I would just tell the truth: that you only work 16 hours a week--but be prepared if they ask why you don't work a full 40.

Not that I need to explain to you but the reason i don't is medical reasons, not me, but my husband has congestive heart disease, my son has a heart defect and my oldest daughter is in remission from cancer. At the time all of this happened i WAS working a full time job but had to take off SO much time for doctor's appts and such that i lost my job.... But is it legal to work for cash only? (and actually I make about the same amount of money now that I did when i worked a full 40 hour week)
I'm scared, VERY scared!
Still praying that they dont' show up! Even if they dont' will the judge still question me? I can't sleep or eat, i'm SO mad at myself! Wish i'd have known what I know today but hindsight is always 20/20!

Sorry, forgot to log in again! That was me up there!
Ang

That's OK--and no, you don't have to tell anyone here. I was thinking that if they did show up, that likely would be one of the questions asked by the judge. And your reason is a good one, imho.
If they don't show up, they are losing by default--so that is a very good thing for you.
It's legal to work for cash--but be very careful at tax time. Depending on what you make, you would still have to file a tax return. And if you are required to file and don't, that can be very expensive and not very pretty in the long run. Good luck tomorrow and let us know what happens!

But what are the chances of them going thru all this trouble and then NOT showing up?!?! Their offices are located 2 hours away from where I live. I just keep hoping they dont' show up thinking I won't either, would that make a difference? I'm so nervous about all this and keep thinking if only they would have just worked this out with me from the very beginning we wouldn't be going thru all this now! WIsh i knew then what i know now.....
Doubt i'll be sleeping much tonight!

Creditors have been known not to show up for their own court dates.

As far as proving your income in court, take your most recently filed tax return - that is sufficient evidence of reportable income in court.

If they don't show up, I don't think the judge will ask you anything - it's not his job to "help out" the plaintiff - they need to ask their own questions. If the judge does ask you anything, just say that you object and the citation should be dismissed for want of prosecution.

If they do show, just be honest. A citation hearing is meant to see what assets you have that the plaintiff can use to get their judgment paid off. The main reason they filed a citation is probably because they didn't know where you work, and they want to find out so they can garnish your wages. Don't worry about telling them you only work 16 hours, because there's no law that says you have to work 40.

After the citation, they may try to seize your bank account and take money that's in their. They also might try to send a wage garnishment out to your employer. Look up the laws for your state because you have certain exemptions that you can claim... for example here in Illinois, if you make less than $250/week then your wages are exempt from being garnished and can't be touched.

Ang,
Take a deep breath and relax. They can't take what you don't have. Hopefully they won't show up and you will win by default. It is a rather large amount so they probably will. Keep us updated.

I'm breathing but my heart is pounding! I was up at 4:00am looking over the papers! They say they want my bank statements so I gathered 5 of them, (all I have here at home) I hope that will suffice. There were a few things on their list that I dont' understand! For my car, will the registration be ok? Or do they want me to bring the titles?!?! And what is annunity property partition documents? Receipts for pmts of amount owed by defendant on accounts, mortgages, notes or other indebtness??? I have NOTHING else except a few small medical bills now! Wish I had kept ALL the medical bills from my daughter's cancer! Also, legal description of all real property judgement debtor has or interest?? The house we live in was for my husband before we even met, does this count? It's NOT community property since he had it before me, right? I dont' own anything, it's all in his name, but i'm NOT sure if they will consider any of it community property!
I had a dream they took me out of the court room in hand cuffs! YIKES! I think cuz it says on this document, to bring ALL of this stuff or you will be in contempt of court!
Well, i'll let u all know how it goes if i don't have a heart attack first!
Ang

Goodluck ang, everything will work out, one way or another. keep us informed.

Definately, listen to Fedup. And now that it's over, how did it go? You had asked about community property. Is Louisiana a community property state? If so, you each are entitled to 50 percent of your assets and debts.

Ang,
How did it go, been thinking about you all day and hoping for the best!

I posted on it when i got home after court Fed, look below at back from court I think is the name of the post!

And btw Fed, thank you so much!! All you guys have helped me to cope with this whole mess and i greatly appreciate it!
Again thanks!

Got to go to court on 6/12, those non cooperative collectors at the lawfirm suing me finally became cooperative, 4 days before the hearing. They left me a message, I called back. They finally offered me a settlement with payments I can handle. I told them to fax me the agreement and that I would not tolerate any words like judgement. She kept saying we can not advise you whether or not to go to court, I NEVER ASKED! I told her I would take the agreement along with all the other letters I have to court with me on tuesday, again she says, we can't advise you to go to court. I told her, I would not miss it for the world, I am not getting a default judgement against me. It is only 15 minutes from my house, I pass the court everyday on the way to work, LOL. Any way, that is where we are now. I will take the paperwork to court to show the judge that I have been cooperative with this company and now after all this time, they are too. It did not have to come to this. I will update later.

Good luck and keep us posted on what happens, OK?

Ang, do we have an update from you? How did everything go?

I think this cooperation is a definate sign of them not showing up, I will update this thread as it continues.

does anyone know how angie made out? I keep looking but see nothing I hope she made out ok and good luck fedup

Ang ended up with a judgement for not showing up for court last year. I have been helping her in the background because what we are doing does not need to be put on a forum board.She is currently in contact with a consumer attorney and the Louisiana Attorney general for violations of the fdcpa during the lawsuit process.

Sounds like the situation is well in hand for her, Cajun. Great job!

APPLAUSE!

Ooppps sorry i missed this thread! YIKES! I did put up a post about court.... ummm... i think it's back from court!
Cajun DEFINATELY HAS helped me tremendously and i SO appreicate it!! But just to correct one thing, i only ever recieved a citaton it had NO court date on it... just that i had 20 days to respond to it which i miserably failed to do... SIGHS! So as far as i know i never missed a scheduled court date... would that make a difference?
Anyway, Fed, CONGRATS to u and i hope they don't show up and the judge rules in ur favor!!
Keeping u in my thoughts and prayers for this to all go in ur favor!
JOB WELL DONE!
Ang

Thanks ang, where are you with your case? Are you going to file an appeal? I really think you should, what does cajun say to do?

I've turned my case file over to a consumer atty and he's reviewing it. They've emailed me and told me they've received it but are very busy but will get back to me as soon as they can! So i'm in a bit of limbo as of now..... nothing new i guess!
Am still hoping that he takes my case if nothing else, to help me settle this matter with them as i've had NO luck in the past year and half on my own!!
I'll let u guys know soon as i know something!
Thanx for asking!
Ang

Keep your chin up Ang, we're all pulling for you.

What area of LA are you in, anyways? If the attorney you have is good, I may consult with them myself, if you arent too far away. I am in between New Orleans and Baton Rouge....

Hopefully, you will get a break, will keep my fingers crossed for you.

Thanks a LOT u guys!
Sky, i'm right outside of Lafayette and the atty is in Shreveport. I also was concerned about the distance but they assured me he works ALL over Louisiana and is in Lafayette quite a bit! But i do also have a name of another atty outta Baton Rouge that was refered to me by Bud Hibbs himself.... if ud like i can send u his name and info. Let me know!
Ang

Ang, that would be great. Feel free to message me. I really appreciate it, and still have my fingers crossed for you!!

I like budhibbs web page, I got alot of good information from it about CACH, it actually gave me to the courage and peeved me off enough to stand my ground against them, once I read all the garbage about them.

Good luck to everyone going through this, and Ang, I agree with you 10000 percent about Cajun. He has a heart of gold and is a real help to everyone on the boards!