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Ok, i'm getting sued by a legit law practice that buys old debts for pennies on the dollar and takes each person to court. sucks for me. The issue is I don't have any problem repaying this- I was in a bad place at the time, and now i'm in a better one- BUT $2k of the $4k bill is fees... the court date is scheduled for the 28th of this month (in a different jursidiction then where I live) and I would like to keep this out of court. I spoke to this attorney before about repaying but he demanded 3 payments of 1200 within 2 months or something- which is a bit steep. 400 a month- sure. but 1200 every 3 weeks? Not so much.

I'm wondering what I can do?

Should I talk to this attorney and try to reason with him?
Should I go to court? I don't want to!!

Also, I've never requested validation from this gentlemen, but he sent me over his "validation" by sending a signed affadavit that this debt was his... is that enough? How is that proving anything?

UGH! This is scary and frustrating and i don't know what to do!




A signed affadavit? Oh no, that isn't even admissable in court, it's hearsay!! What is the name of this Attorney? Do they own the debt or are they representing the OC?

Sub: #1 posted on Mon, 07/14/2008 - 19:28

Shazzers Shazzers
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I signed affadvait from teh OC would never stand up in court if challenged unless the indidvidual who swore it out was there to be examined. Personally, I would never pay a JDB but if you think you should I would file a MTD based on improper venue and at least make them file in the correct jusridiction.

Sub: #2 posted on Mon, 07/14/2008 - 19:28

NASCAR_Devil NASCAR_Devil
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David Ashe- Providence Dane... the affadavit said he owned the debt.

How do I file a MTD??

I've actually BEEN paying the Original Creditor, but i'm still getting sued by this turd.

Sub: #3 posted on Mon, 07/14/2008 - 20:22

Indebted Indebted

(Posts: 34 | Credits: 9.59)

bump

Sub: #4 posted on Tue, 07/15/2008 - 17:22

Unregistered


Contact the county clerk and ask what is required for the MTD in your state or research the Rules of Civil Procedure on how to word your MTD. As far as the affadavit goes, challenge it. If the person who swore it out is not there to be questioned, it is inadmissable.

Sub: #5 posted on Thu, 07/17/2008 - 16:44

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: 308.23)

ok, i'll call the court then. Thanks

Sub: #6 posted on Thu, 07/17/2008 - 17:18

Indebted Indebted

(Posts: 34 | Credits: 9.59)

I never requested debt validation. Is it too late to request it or do i have to request discovery in court? Obviously, if i can keep this out of court, that would be my priority. Please can someone respond? I have one week until the court appearance.

Sub: #7 posted on Fri, 07/18/2008 - 22:40

Unregistered


also, i called the court and spoke to the most useless employee on earth.. i was like, how do i go about filing a motion to dismiss based on improper venue and she goes umm, you'd have to do some research on that. I was dumbfounded. Isn't that what she's there for? i'm getting freaked out. Time is running thin and i have done nothing to better this situation. Does anyone have the paperwork needed to file a Motion to Dismiss for VA? Or know where I could print it off?

Sub: #8 posted on Fri, 07/18/2008 - 22:44

Indebted Indebted

(Posts: 34 | Credits: 9.59)

anyone???

Sub: #9 posted on Mon, 07/21/2008 - 17:21

Unregistered


Indebted, all you need to do is use follow your local civil court procedure, you can usually find examples if you type in your county court name with something like "procedure on filing a motion" civil court procedures and county/state. That is how I found a template, then I just added my statement to it.

Sub: #10 posted on Mon, 07/21/2008 - 17:32

Shazzers Shazzers
Moderators Cum Industry Expert
(Posts: 17342 | Credits: 1592.85)

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