:eek: We have been fighting a credit card problem, and have received a notice of motion and sum certain affadavit for entry of judgement by default and without hearing

To go backwards when we first got the alternative dispute resolution we hired an attorney and paid her to fill the paperwork, She took our money and did not file a thing. She kept telling us she had and never did.

So finally I found the ocurt docs on line and found that no she had not filed. I went to the Arizona State Bar and we filed for our money back(1000) and filed for a disciplinary action against her.

Meantime, us not knowing what to do it has progressed this far.

On top of everything, the card company Chase wrote this off as a bad debt in Aug of 2003

what I am trying to do is file an answer and get a stay or vacate of judgement. We never got to file or anytnig because of the lawyer

THere is also a difference between what Chase had and what this Attorney has claimed.
THe attorney says she is representing chase - can they do that?

thanks
need help fast!

First, that Chase charged off the debt has absolutely no bearing on you. A chargeoff is done by the creditor for their tax purposes and doesn't affect you or your obligation to pay.

Second, You need to file an Intent to Defend with the court. This will prevent a default judgement and give you a hearing.

Third the difference is probably interest and legal costs pursuant to collecting the debt.

Finally, an atty can represent the creditor, but the creditor (or a representative other than the atty) needs to show up at the hearing.

There has been no activity on the account for four years. It is my understandig that the SOL is three years I AZ on an open account. From everything I read a credit card is an open account.
I asked for an affidavit of indebtness and they sent a paper with no dates and the amount didn't match, there was just a total.
I understand that I can ask if the attorney really represents chase and for an entire accounting of the debt. Is this correct?
Thanks

Yes you can, you can also ask for a copy of the original contract. These things have to produced at the hearing or before. If they don't show your debt or that the SOL hasn't expired, then they won't be able to obtain a judgement.

So do I want to file an "intent to defend" and ask for an accounting?
Or would I want to file for a dismissal on the grounds that it is SOL?

I was thinking the intent to defend and then asking them to do a complete accounting, not the computer generated report they gave me. Because as of 1/2007 chase has on the credit reoport one amount and this collection attorney that is "representing chase " is asking for more, and has been since last year. On the computer generated affadavit there are no dates state or county and just a total. And it is 2500 more than what chase said on the recent credit report.

I was wondering if I can get the SOL in there?
Which one?
Thanks

You HAVE to file an Intent to Defend. If you don't they get a default judgement. Once you file that, you can then get a motion of discovery to force them to produce proof of the original debt and an accounting of what you owe as well as payment history.

If the SOL is past, that is part of your defense at the hearing.

I did that. Also filed for the discovery, and had found an extensive letter with about fifty entries that ought to keep them busy for awhile.
THis is another case of Chase - Mann Bracken-BLatt, Hasseniller blah blah blah. I would like to beat them at their own game.
Also another question, I hired an attorney to do this originally and she never filed, just took our money and lied(I have it on tape) and said she did(there are no court entries from her).
We started AZ Bar proceedings against her, and also filed for our money back from their fund. They also encouraged us to file suit against her if we wanted. I have not been able to find a lawyer willing to sink his own kind in this town, even when the attorney in question is an obvious cheat and Liiar.
Could I file my own legal malpractice suit. I think there are four things I need to prove? She took our money
She provided no service what so ever
She never retuned a call
She lied about the fililng of important legal papers
And if this credit card thing goes bad and we have a judgement she has put us in a very bad financial position it could cost us over 16 k
What do you think?
Thanks

I would NOT try suing a lawyer on my own. That's like facing of against someone with a machine gun armed with a peashooter.

You may need to get an out of town atty or ask the local Bar assn for a recommendation. If they are encouraging your to sue for malpractice, they should be able to recommend someone to handle it.