[Keepitsimple146]

My wife if being sued by a cc collection company. She owes about 1800.00 and we just don't have any extra money right now being that I'm the only one working. She went to court already one time and they gave her another court date now they are sending all this other paperwork and I'm unsure of what to do at this point. Any advise would be appreciated.

I am currently in a lawsuit for a debt, and have responsed to their discoveries as well as filed my owned but I haven't hear anything. Since I've been to court once and got it continued but what now? They haven't responded so what should the next move be.

I was going to court on one case, but then was summoned for an additional case for the same day. The rep on their side was being shady and told me both cases were together. The first case was dismissed but now I have a judgment for the other case. How do I file an appeal.

Excon, no one will tell me my appeal rights, I've called the clerk and she can't tell me anything


Judykaytee, it was in the same room. The rep said the cases were to be filed together. Was I just duked

After filing an appeal, and recently having it dismissed was horrible. Since I'm representing myself I was barely able to understand what the next step was. Now that I have the order of the ways things are suppose to go, where do I find a template for writing a motion to reinstate a case that was dismissed.


Its not that, I had to figure out the ins and outs of the legal system, by trial and error. But the problem was that the copy of the file was not filed in time, so I had to write a motion for out of time, by the time I got that figured out, it was dismissed. I didn't have the funds to get the legal files, hell I didn't have the money for the appeal but I scrapped pennies for it. I just can't pay a judgment that I don't owe.


I am the and when we went through old files we found my debt was for a different company. I followed their advice, that case was dismissed but somehow I wasn't served for the other case they have against me. So Default judgment, but the courts told me I had to file an appeal.That's were I am, I listen and follow very well.

I meant I am the wife

[JudyKayTee]

You can always contest the debt based on the Statute of Limitation or some other defense BUT is it your wife's debt?

Inability to pay is not a defense, unfortunately.

If you can get together a lump sum to offer to pay this off, you can do that.

Otherwise a Judgment will be obtained and enforced according to the laws of your State.

[twinkiedooter]

Your motion to reinstate the case will probably be dismissed as well. If you filed an appeal and it was denied your case is basically dead in the water. By all means, you can file a Motion to Reinstate the case, but what are your reasons legally to do so? Just because you didn't like the fact that the appeal was denied means that the Judge did not see the merit of your appeal and did not grant it. You need to have sound, legal caselaw that you properly cite giving the reasons your appeal should be granted. If you did this yourself you probably did not know all the ins and outs of proper appeal filing. It's not as easy as it sounds.

You can, however, appeal the appeal ruling by going to a higher court to do this. But again, you must show by way of citing caselaw and law that your appeal be granted. Then the case would be remanded to the original court for a retrial or rehearing before a Judge.

[twinkiedooter]

If this is about your wife's 1800 credit card lawsuit then a judgment was entered against you. The onus was on you to attend court and see that the other lawsuit was taken care of. Not just the one lawsuit being dismissed but BOTH of the cases being taken care of. You can't really fault the other attorney for doing his job. You just were not paying attention to the matter.

So, what would your reasons be for getting the case reinstated? Because your wife dosen't owe the debt? In your previous questions you got good legal advice from Excon and Judy Kay Tee but you obviously did not pay attention to them. I am sorry that you have no extra money to pay the judgment but you've had at least since June of last year to think about this problem and try to come to some sort of agreement about paying this debt off. Now the attorney can and probably will garnish your wages or worse. I'm sorry that no one is working but you but your wife did run up the credit card debt so you two did benefit from the credit card being used.

[twinkiedooter]

You never stated much of anything in this post. I had to read back through your other posts to figure out just what you were talking about. What kind of case it was, etc. and what had ensued in the meantime.

Your time to file an appeal came and went on the second case. You now have a Default Judgment against you. The Judge is not going to reopen the other case unless you prove that you were not properly served.

But even if the case is miraculously reopened you will still owe the debt. You sound like somehow you will not owe the second debt.

You need to put your engeries towards figuring out how to pay this judgment off instead of keep dodging it.

You stated that the debt was not yours. How do you figure that? Other than it was with a different company.

But how could the Judge have entered the Judgment against you if this was not your debt?

[Keepitsimple146]

It was a case of mistaken identity, I proved it on the first case and need to do it again

[JudyKayTee]

This post is from June 2009 - this is still not resolved? Hasn't the time frame to appeal expired?

[Keepitsimple146]

No, not in our state