Did I handle court correctly?

iVillage Member
Registered: 04-04-2003
Did I handle court correctly?
2
Tue, 08-28-2007 - 1:50pm

A recent attorney solicitation letter tipped me off that a lawsuit was filed against me.

Plaintif is junk debt buyer so I sent a certified letter disputing the debt, requesting contract/agreement that I signed, an account history, copies of assignments/other docs showing that they are the assignee of the debt, and requested them to cease further communication until the items are produced.

They got my letter on 8-2, the same day I was served with the summons. I never got response so I assumed I sent my letter too late and would have to request the docs in court.

Went to court today & paid $132 to file my answer (money I don't have at the moment).

In my answer I denied owing the debt to the Plaintiff & requested the same things I requested in my certified letter & asked for dismissal with predujice.

When our case was called plaintiff's attorney told judge that I had requested docs and asked for the case to be continued to 10-30. Feeling nervous & unsure I agreed.

Now I question my actions. Did I just give them more time to dig up these docs? It's unclear to me if the attonery was referring to my certified letter or the answer I filed in court today. Should I have spoken up & stated that I requested the docs on 8-2 via certified mail and that since they had adequate time to produce docs & didn't have them request the case be dismissed right then & there? I had all my evidence of the mailing & the letter I sent.

What happens now? Will they send docs to me at home address or bring them to court? If they do have docs - what do I look for to challenge them? And should the judge award them how do I go about prooving that they are a junk debt buyer & requesting judgement only be made for the actual amount they paid on the debt?

Help - again!

Community Leader
Registered: 03-17-2003
Tue, 08-28-2007 - 3:43pm
You did GREAT!!!
iVillage Member
Registered: 04-04-2003
Tue, 08-28-2007 - 4:11pm

cg108 - I can't thank you enough for your guidance & support.

I had your prior response, where you detailed what to expect & what to do, printed & with me in court today for reference.

Others in court were clearly in my situation - being sued by the same firm, a junk debt buyer, for credit card debt. I wanted to share what I knew - especially after seeing one after the other go up to the judge & state they did not deny they debt. They were told to meet with the attorney outside & work out payment arrangements. I kept thinking "Boy, if only they knew they could challenge this because it's a junk debt buyer....." There were also many cases of agreed upon orders - where the defendants were not present because they had already contacted the attorney & worked out a payment plan.

I was really nervous, but felt somewhat empowered, self-educated & prepared thanks to your support and suggestions and information I got from www.edcombs.com (a Chicago consumer rights attorney).

I'm still nervous about going back to court - what if they provide proof of the debt? At the same token though, I feel ready & prepared to fight back with demanding proof of what they paid on the debt to show what I should actually owe.

Thanks again for your help & I'll keep you posted on what happened.