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    kailama's Avatar
    kailama Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 20, 2009, 08:59 PM
    Credit card debt trial
    I just went to court today to defend against credit card lawsuit(I was disputing the amount)

    I had never heard from this attorney prior to being served, and twice bhad requested the original accounting info, which caused two continuances, however I never received anything and I was expecting plaintiffs attorney to present them at trial, but he didn't have it; the debt is almost three years old, and this is second or third collection agency, but first to file lawsuit.. I had to take the witness stand, which is kjnd of scary, at the end the plaintiff suggested a 90 day continuance so they could try to obtain the info.. she asked what we thought and I said that I did not want to go through this again and that they already had ninety days to do this from my requests, she decided that their woud be no more contiuances, but said that we would have her decision in 5 days, is that usual or should I be really concerned that she (the judge) did not decide right there and then..
    I am sorry that this is so long, but I have been wrencching over this issue for three months now and 5 more days seems like torture unless it's a good thing
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
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    #2

    Mar 21, 2009, 11:42 AM
    There are any number of reasons a judge may reserve their decision and thus it can be hard (if not impossible) to infer anything when a judge announces their intention to do so.

    Cases turn on evidence and argument and you should be more focused on these elements then speculating as to why the judge has reserved her decision.
    upstatelawyer's Avatar
    upstatelawyer Posts: 7, Reputation: 1
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    #3

    Mar 25, 2009, 08:07 PM
    Quote Originally Posted by kailama View Post
    , she decided that their woud be no more contiuances, but said that we would have her decision in 5 days,
    I think that is a good thing. Credit card companies very rarely ever have all the documentation they need. And it takes FOREVER to get it, especially if th debt has been sold and resold. They are always hoping to force you into a settlement. If the judge didn't grant a continuance, she is probably irritated with the Plaintiff for not getting the documentation and may rule in your favor.

    Just my opinion. Hope it works out for you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 26, 2009, 01:52 PM

    If there was no continuance granted the Judge feels she has enough evidence to decide.

    Only the Judge knows what that decision will be.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Mar 26, 2009, 02:44 PM

    I tend to agree that this is good news, that the judge failed to grant the continuance.

    The thing is you should have been asking for a dismissal. I'm not sure why you had to take the stand, since the burden of proof is on the plaintiff.
    kailama's Avatar
    kailama Posts: 2, Reputation: 1
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    #6

    Mar 26, 2009, 03:07 PM
    Judgement meaning
    I did receive my papers today, my husband and I were both sued for this debt as his name was on the account, the judge dismissed without prejudice against my husband, but entered judgement against me for less than a f... ourth of what they were suing for.. could someone explain this to me, I am not sure how this works from here.. I am unable to work right now due to health reasons.. don't know if you can make payments on these or not

    Grateful for any and all advice
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Mar 26, 2009, 03:17 PM

    First, please don't start a new thread to provide follow-up. I've merged your two threads for you. In the future please use the Answer This Question options for follow-up.

    I'm confused, if your husband's name was on the account as a co-borrower I don't understand why the case was dismissed against him. Unless he was simply an authorized user rather than a co-borrower.

    Sounds like the judge felt the platiniff proved you were the borrower but they couldn't prove the amount so he awarded them a fraction.

    Now they have to collect. You can offer them a settlement and/or payment plan. Otherwise, they will use the judgement to attach your bank account or other assets.

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