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I am being sued for a credit card debt. I wish for my day in court. What's the firt step I need to take? I intend to defend myself in court. Does anyone have the proper form I need to answer the court back in the alloted time? Also what about a SWORN DENIAL form? (visual examples would be great):D
If you are bing sued in small claims court then a simple letter of your Intent to Defend and requesting a hearing is sufficient.
Look in the Bankruptcy and Debt forum. I believe there is a sticky there with some examples.
There are also loads of threads that discuss this same question.
Quote:
Originally Posted by mew1157
You don't need a sworn denial if you are talking about Small Claims Court - as Scottgem said, a letter is sufficient.
What is your defense to the debt?
My defense is that the debt is past the SOL. I was in rolled in a "debt manegement" group that was "helping" me pay the debt.
In reality the company(DM) was a scam. And non of my payment I was sending out to the debt manegement company were making there way to the CC company.
This was in the news and can still be found on the net. Thet the debt manegement were shut down by the FBI in 05-06
Being scammed is not a defense. But it might negate your SOL defense since your intent was to pay.
If the debt is truly out of the SOL then that will be a good defense, If that management company did talk and deal with the credit card company on your behalf, and agree to pay, that may well have legally started the SOL all over again, if they ever sent them even a dollar, it will have started it over.
OK here is the deal. I summitted a letter of validation and a genral denial with BOTH the courts and the sueing attorney. (By cretified mail to the attorney) and by person to the court were this is being handeled. Yes, I had all documents noterised and stamped by the courts
Today I received a notice in the mail on my court date March 3rd 2009. I have not as yet received a reply to my letter of validation as well as a respose to my letter of denial. I intent to contact the courts and notify them on this.
Is there any other advice you have for me at this point or should I contact the courts first?
And tell them. My request went unanswered
On a similar note I have been doing some investifgating on my own on the net. Seems that the attorney and the company he works for do things this way .You know "SOP".
Hmmmmm very interesting on that
Any help/answers would be appreciated
mew1157
You will just have to wait and show up in court and tell the judge you still have not received any reply to your request. You could go to the clerk's office and request that you look at the other cases that this particular attorney handled for that company and see what happened in those cases. This is public information and you are allowed to view these other files and even have the clerk make copies of anything in the file that you are looking at. This could help you determine what kind of "game plans" the attorney uses.
File Discovery to the plaintiff, look up the rules in your state, if the fail to provide the information, you can file Motion to Dismiss for un-validiciated claim. Remember this for the hearing they must have the original contract you signed, not a copy the original.
OK I have been looking online for a form for discovery .I can use in my case. So far I have been unable to find one. Or do I need to go to the Court clerks office and use a form there?
I understand that the wording etc must be exact to be legal. Does anyone have advice? Links(to sample forms etc?)
Also does it need to be noterized as well? As in the letter of validation and sworn denial?
Any and all help would be appriciated
Often small claims court is not as "picky" on the exact wording and at times have more forms together.
Also what state is this,
This is in the stae of Texas
I have a question about interrogatorries in a small claims lawsuit(credit card) suit. What are they? How do I file one? Could anyone show me a sample?
Just an observation, but you can find forms for interrogatories (A formal question submitted to opposing party to answer, generally governed by court rule); but you need to review the rules of the court (small claims) and make certain that interrogatories can be used.
Small Claims courts tend to be very informal. So if you explain what info you want we can advise how to get it.
Ok,what I need is the following
1. I sent a letter of Validation to the sueing attorney and had it filed with the court(small claims as well). And have yet to get an answer from the attorney
2. I want some kind of answer so I recently filed a Motion of discovery as well,(we will see how that send this to the sueing attorney as well certified mail)
3.The judge has set a court date March 3rd, so I will either ask for a Dismisal on the grounds that I have not received any documents from the sueing attorney and can there fore not properly build a defense since the information I need has not been sent to me by the attorney. Or at the very least get a Postponement of the hearing/proceedings till I have the information.
4. All Motions,letters of validation,Request, have all been Noterized signed (by me and dated),and filed with the court. To have a "paper trail" of various action I have taken to try and get something to build my defense on. I am not sure if the attorney is under any obligation to provide this. However all I have received is the original lawsuit and his motion of discovery. Which I responded to. In the form of an "Intent to Defend" form.I also responded to a sworn affidavite he sent as well,with a letter of sworn denial.Which I got noterized and filed as well.Plus sent to him certified mail as well. I have all receipts etc. For all these things I have sent as well.
This is all very fustrating not to receive any letters or info from the sueing attorney. Although I have been told access to the information is protected by my civil rights and the FAIR CREDIT COLLECTION LAW passed by the senate.
Anyone have some advice? I was considering asking to speak to the judge on this matter. To see if I can receive a Postponment or Dimissal.
Ok,what I need is the following
1. I sent a letter of Validation to the sueing attorney and had it filed with the court(small claims as well). And have yet to get an answer from the attorney
2. I want some kind of answer so I recently filed a Motion of discovery as well,(we will see how that send this to the sueing attorney as well certified mail)
3.The judge has set a court date March 3rd, so I will either ask for a Dismisal on the grounds that I have not received any documents from the sueing attorney and can there fore not properly build a defense since the information I need has not been sent to me by the attorney. Or at the very least get a Postponement of the hearing/proceedings till I have the information.
4. All Motions,letters of validation,Request, have all been Noterized signed (by me and dated),and filed with the court. To have a "paper trail" of various action I have taken to try and get something to build my defense on. I am not sure if the attorney is under any obligation to provide this. However all I have received is the original lawsuit and his motion of discovery. Which I responded to. In the form of an "Intent to Defend" form.I also responded to a sworn affidavite he sent as well,with a letter of sworn denial.Which I got noterized and filed as well.Plus sent to him certified mail as well. I have all receipts etc. For all these things I have sent as well.
This is all very fustrating not to receive any letters or info from the sueing attorney. Although I have been told access to the information is protected by my civil rights and the FAIR CREDIT COLLECTION LAW passed by the senate.
Anyone have some advice? I was considering asking to speak to the judge on this matter. To see if I can receive a Postponment or Dimissal.
I think you need to step back for a moment. What is likely to happen is the attorney won't show up and you ask for a dismissal WITH prejudice.
If the attorney does show up but does not have the requested documentation, then you again ask for a dismissal with prejudice. If he does have the documents, then you ask for a postponement to study the documents.
I wouldn't push too hard for getting the documents, you have done what is required to request the documents. The ball is now in t he plaintiff's court so wait him out.
How long of a postponement ,(time) will the judge likely give me?
Depends on the court schedule. It should be sufficient time to review the documents.
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