[Angel007]

Hi everyone , I have a court date of June 14. Previously I had posted a thread talking about my situation. For those who don't know. I'm being taken to court because some attorney says I had an account with city bank. No records, nor any documents providing proof were sent by the attorney when requested. I filled the questionnaire sent to me by court. However I only sent the one requested by court and not the one requested by the attorney which asked questions like, my employment place, home address, etc. ( why would I incriminate myself?).



My question is, how should I be prepared for thursdays court date? I'm bringing the letters I had sent to the attorney asking for proof and validity of the debt which I never received. Also have a copy of the usps traking information that all letter sent to him by me were received.

[excon]

Hello again, Angel:

Go fight the good fight. Bring everything. Speak up. Don't be rude. Practice your argument. Get it down to the nuts and bolts. Look up the law you plan to use to bolster your argument. Print it out. Read it a bunch of times. Same thing with the court rules. Did you get a copy? If you're going to cite a violation of a court rule, you'll need to tell the judge which one and how the other guy broke it.

But, in the final analysis, be prepared to lose. You're getting ready to go to war with an attorney on HIS battlefield. He's armed to the teeth. You got nothing but your good looks. Keep in mind, court isn't about fair, it isn't about truth, and it isn't about justice. It's about winning - nothing else! Don't look for the judge to give you a break because you're a rookie. He won't.

However, right before you walk into the courtroom is an excellent time to negotiate a deal. If you can, it's going to be a lot cheaper than if you lose in court.

excon

PS> By the way, unless you're a drug dealer, it's not incriminating to tell them where you work.

[Lowtax4eva]

Call Citi Bank and ask them if they can find a record of an old account in your name, if they say no ask them to fax you a letter stating this, if yes, then get the contact details on the account, someone may have stolen your identity and used another address.

Good luck

[mr.yet]

Remember this when in court, they must have the original contract you signed, and they must have accounting of the alleged account and show a pattern of alleged payments and than the default.

An most important the plaintiff must be present for you to cross-ex, no plaintiff, no case, and no contract, no case. Move the court to dismiss with prejudice for lack of evidence proving their alleged claim.

[Angel007]

Thanks guys. mr. yet, going to the signature part, how about if someone did it online what proof do I have that is not mine? I just finished speaking with a collections agent for citybank and nothing else was found either. I asked for them to fax me a letter stating that I do not have, and did not have an account but they said they cannot send me a letter because they only send letter to those with an account. He said, if your not here, then you don't have an account. He recommended me to print a copy of my social security card and a picture Id for court.

[mr.yet]

They still have to have accounting of the alleged account, payment and charges.

Now if the plaintiff does not show up, move the court to dismiss, lack of jurisdication, no plaintiff ( attorney cannot testify for their client) and any statement or brief from the attorney is hearsay.

[Hannah Senesh]

Excellent and accurate poster!