lrhall41
Jun 1, 2008, 06:38 AM
In February, 2007 we were served with a lawsuit from this company that purchased all of our accounts when our bankruptcy got dismissed in 2006. They were asking us to pay $20,000 for all the account. We researched the internet and call our clerk of the court and was told to respond to the plaintiff within the 20 days requesting verification of debt. We did that, and requested original documents, with signatures, statements, etc.
We didn't hear from them for over a year, and then in March, 2008, or clerk of the court sent us a notice of dismissal for lack of prosecution. The plaintiff never produced anything and the clerk want to have a hearing to get it dismissed. The hearing is June 18th. A week after we received the letter from the clerk of the court, we get a letter from this other attorney from Florida (where we are from) requesting to have a motion filed against us because we never replied to them (? ). We checked with an attorney that we were referred to, who told us that the company will lose in court, because they are bluffing. Then just yesterday we receive yet another letter from the attorney where he is asking the court "showing of good faith" not to dismiss the case because according to them: 1- defendant was served with a lawsuit on 2/24/07 requiring an answer to be filled with the court within 20 days (we did it within 7 days); 2- The defendant failed to file an answer with the court as required by law (duh... see above statement); 3- Plaintiff submitted a Default Final Judgement on May 1st, 2008, but the Court has not received it yet (well, that is not our fault, is it?)
I do not know if we should even answer this stupid request from this law firm, because it would be a waste of our time. I do not want to send them copies of the "Motion to Defend" that we filed in March, 2007, that the court already has. Should we wait for the hearing on the 18th and see what happens?
Any other ideas/suggestions?
We didn't hear from them for over a year, and then in March, 2008, or clerk of the court sent us a notice of dismissal for lack of prosecution. The plaintiff never produced anything and the clerk want to have a hearing to get it dismissed. The hearing is June 18th. A week after we received the letter from the clerk of the court, we get a letter from this other attorney from Florida (where we are from) requesting to have a motion filed against us because we never replied to them (? ). We checked with an attorney that we were referred to, who told us that the company will lose in court, because they are bluffing. Then just yesterday we receive yet another letter from the attorney where he is asking the court "showing of good faith" not to dismiss the case because according to them: 1- defendant was served with a lawsuit on 2/24/07 requiring an answer to be filled with the court within 20 days (we did it within 7 days); 2- The defendant failed to file an answer with the court as required by law (duh... see above statement); 3- Plaintiff submitted a Default Final Judgement on May 1st, 2008, but the Court has not received it yet (well, that is not our fault, is it?)
I do not know if we should even answer this stupid request from this law firm, because it would be a waste of our time. I do not want to send them copies of the "Motion to Defend" that we filed in March, 2007, that the court already has. Should we wait for the hearing on the 18th and see what happens?
Any other ideas/suggestions?