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-   -   Civil Dispute Docket (https://www.askmehelpdesk.com/showthread.php?t=56109)

  • Jan 20, 2007, 03:03 PM
    rbalmer
    Civil Dispute Docket
    I was given a summons for some medical bill from a collection agency and at the end of it it said to send them a letter if we wanted validation. I did and also filed it with the court(all in time). Did this so I know its all legit and I won't be scamed, and also to delay until I get tax money to pay it off. Now I see on the courts web site that it is scheduled for a Civil Disput Docket. Of course no one at the court house says more then get a lawyer, they can't give out advice. Getting a lawyer is like 33% of what I owe and if I don't have money for that I sure don't for a lawyer. So the question is do they notify me, I thought they had to if I filed a answer. Can I show up and request the proof and if they have it can I pay them there? Or do they just screw me over. Thanks for any help.
  • Jan 20, 2007, 04:53 PM
    Fr_Chuck
    Yes you show up for sure and notify the court they have not providd the validation and ask for the case to be dismissed.
  • Jan 20, 2007, 05:10 PM
    chippers
    Take all of your documentation with you to court. That you have requested validation for the debt and the agency filed with the court before they replied. Collection agencies ofeten do this inorder to get a judgement. By not showing up its an almost garruntee win in their favor. Plus you can explain your side to the judge and even arrange a repayment plan with the court. (the agency would like to be paid in full) instead of waiting for tax return. As for an attorney. Your states local bar has a legal aide where you can call for non criminal advice. Or they can help send you in the right direction. As a rule the court can not advise you other than to see an attorney.
    You should be served with court papers since you are in dispute and filed papers with them already.
  • Jan 23, 2007, 04:27 PM
    rbalmer
    OK so I show up at court(at this point it is after 30 days of validation request) and they still have not provided the validation, ask for it to be dismissed. They then have it there, do I still ask for dismissal because they have not provided beforehand, or can I say OK drop all this and I'll pay. Since it is a attorney for a collection agency what fees are they going to charge, and if I have to pay attorney fees can I ask for them to be itemized or disagree if they seem unfair. Can I just pay the debt and leave fees till proof is provided. If it is dismissed are the court costs out of my hands or will they find some other way of charging me for them. Thanks you guys are all wonderful and life savers.
  • Jan 23, 2007, 05:05 PM
    chippers
    As we stated before, I'd check with an attorney. I wouldn't settle without talking to someone first. You can ask for an itemized list. But if it's a geniune bill you owe, then I would make arrangements through the court. This will save on being harassed by attornies. If there are attorneys fees involved, you can request the feels be added to the amount owed. But I wouldn't do anyhting without legal councel.
  • Jan 23, 2007, 05:42 PM
    rbalmer
    If I make arrangement through the court is it considered a mark against me that there was a successful judgement against me? Seeking a lawyer is not a option when the money used for one could go to pay the bill. Just seeking things I could do and what to look for. Thanks for the help.
  • Jan 23, 2007, 06:12 PM
    Fr_Chuck
    I would still ask for it to be dismissed, all the can say is no.

    And if they provide it at court ( which is not within the time limit) the judge is suppose to dismiss it. But lets say he does not, then you can ask for more time to review the new info and ask for a new court date.

    Really while there are some who know the fine points of credit scores, but a very late bill showing no payments for... months or a judgement, it will all be against you, So it is worst but bad or worst does it really matter.

    There was even a news article on FOX radio today talking about how it improved your credit score to go bankrupt over having a dozen late or non pay items listed.

    And most of the time the other side is use to no one showing up, and most likely won't have anything with them, they just bet you don't show up and they get the judgement in default.
  • Jan 23, 2007, 06:49 PM
    chippers
    Quote:

    Originally Posted by Fr_Chuck
    I would still ask for it to be dismissed, all the can say is no.

    And if they provide it at court ( which is not within the time limit) the judge is suppose to dismiss it. But lets say he does not, then you can ask for more time to review the new info and ask for a new court date.

    Really while there are some who know the fine points of credit scores, but a very late bill showing no payments for ... months or a judgement, it will all be against you, So it is worst but bad or worst does it really matter.

    There was even a news article on FOX radio today talking about how it improved your credit score to go bankrupt over having a dozen late or non pay items listed.

    And most of the time the other side is use to no one showing up, and most likely won't have anything with them, they just bet you don't show up and they get the judgement in default.


    The only problem with bankruptcy it's on acredit report for 3 - 7 years and getting cedit is harder and the interest rates are higher.
    As opposed to taking a mild hit on your credit report that can be explained by a written statement. If your concerned, talk with a credit counsellor and see what they can do to help you. They can talk to the doctor's office that way you forgo court judgement.
  • Jan 30, 2007, 03:48 PM
    rbalmer
    So I went to the civil dispute docket today(seems like it was just a thing to schedule a trial date). The collection agencies attorney did not even show or call and the judge dismissed it. Watch out Tom Cruise I'm 1-0 in court "did you order the code red?". So the Judge did say they can refile it. This all makes me wonder if it was legit. Why would they not even call? Most of the cases neither side was there and he caried them over till next time, or it was settled and he said it was dismissed or a court date was being set... with a jury. I thought this was small claims and it just goes before the judge. Well its over for now, but I still want to see the info before I pay anything( was my co pay applied, was what insurance paid applied.. etc.) Thanks all for your help I have received a great education from this site.:)

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