Need som legal advice

Discussion in 'The Howard Stern Show' started by DJ Retardo, Aug 29, 2015.

  1. DJ Retardo

    DJ Retardo Well-Known Member

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    paging @LawyerLarry

    Just got a court summons from an old bank credit card from a few years ago, we missed a couple of payments they refused to work with us yadda yadda, and a collection agency is trying to sue us for $2000, plus court fees etc.

    How do I respond? the only thing in exhibit a is a statement showing interest and late fees, no actual documents with me or my wife's signatures we own no property and are actually thinking about chapter 7 for some other debt hanging over our head.
     
  2. LawyerLarry

    LawyerLarry Mr. Fuckmoney in the Bank VIP

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    You've gotta respond or they'll get a default judgment against you. File a response denying all allegations. Even deny that they got proper service on you. Then go to court and object to everything they try to introduce and move to dismiss after they finish putting on their proof.
     
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  3. scoobyla

    scoobyla Well-Known Member

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    have u ever got creditors to leave your clients alone by showing your wrestling belts?
     
  4. John Mahlin

    John Mahlin These go to eleven Gold

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    Just like my dad always said, "deny, deny, deny".
     
  5. Shithead

    Shithead Well-Known Member

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    Wipe your ass with it and send it back
     
  6. DJ Retardo

    DJ Retardo Well-Known Member

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    OK thanks, I'll get the docs together and head to the court early next week, all they got is one statement so hopefully it just gets thrown out.
     
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  7. SalsMasterShake

    SalsMasterShake Mouthpiece VIP

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    You should definitely speak with a local bankruptcy attorney about this and your planned Chapter 7 if you are serious about filing.

    With regard to the summons, you only have 20-days (generally) to respond, so you need to get your Answer completed and filed in Court before the deadline. If you don't, a default judgment for the FULL amount requested will be levied against you.

    The credit card company is banking on you NOT responding.

    My advice would be to see a local collections attorney ASAP about getting the Answer filed (if you decide not to file the Chapter 7 right away and include this matter with it). You can usually get a referral using your local County or State Bar Association lawyer referral service (on their websites). You could also call the nearest law school and see if they offer any pro bono (free) or low cost consumer legal services through a clinical program.

    Good luck!
     
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  8. Chibbs

    Chibbs Well-Known Member

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    The fact you are being sued by a collection agency tells you that the CC company has already charged off your debt.
    The case may or may not be dismissed but if it is dismissed, make sure that the judge enjoins them from filing anything on your credit report.
    Legally, they would already be prohibited from doing so.
    If they have, make sure it gets removed.

    If it all ends there be prepared for a Federal Tax liability for imputed income on the charge off.

    The IRS LOVES this kind of case.
     
  9. yaddc

    yaddc Well-Known Member

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    Call Bill Handel on KFI
     
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  10. DJ Retardo

    DJ Retardo Well-Known Member

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    Thanks, it's just an option we are looking into right now, our credit is pretty much fucked anyways chapter 7 would just alleviate some stress, it's only 2 grand so im not shitting bricks over it but it's still annoying we are stretched to the max every month.
     
  11. DJ Retardo

    DJ Retardo Well-Known Member

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    That's what it is, the only "evidence" provided is an old statement with the account number blacked out and our old address.
     
  12. Meg

    Meg Active Member

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    Or just pay your bills? No?
     
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  13. ScottBaiosPenis

    ScottBaiosPenis Well-Known Member

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    sue everyone
     
  14. Chibbs

    Chibbs Well-Known Member

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    Every can fuck up.

    I had one business wiped out by 9/11.
    I lost my savings and was in debt to the tune of about $75k

    I came up with a planin 2006 I executed it .
    In 5 years I was debt free and owned my home.
    I paid off every dime I owed.
    No bankruptcy.

    It can be done but people today aren't willing to sacrifice.
     
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  15. DJ Retardo

    DJ Retardo Well-Known Member

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    thanks for the tip.
     
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  16. yaddc

    yaddc Well-Known Member

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    Try this 1 when they call tell them the party they are looking for just got killed in a car crash . lol there so sorry to hear that.just send us the death cifficate. Buys ya some time any way.
     
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  17. SalsMasterShake

    SalsMasterShake Mouthpiece VIP

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    I hear you.

    As @LawyerLarry also opined, at the bare minimum, you HAVE to get your Answer filed before the deadline. If the other side gets their default entered, they will pile on heaps of attorneys fees and costs that will quickly double or triple that $2000 figure. If you are doing this on your own (pro per), form your Answer using the same format as the Complaint, title it "Defendant DJ Retardo's Answer to the Plaintiff Citi Leech Credit Card Company's Complaint," then go number by number through the Complaint and either admit, deny, or say "there is not enough information provided by the Plaintiff for Defendant to form an answer, thus Defendant denies the allegation" for each and every allegation made in the Complaint. Then, at the end, ask that the Plaintiff's Complaint be dismissed WITH prejudice, and ask that your fees and costs be paid by the Plaintiff. Be advised that YOU will have to pay Court fees to get your Answer filed (probably between $100-300 depending on where you live).

    Once your Answer is filed, the "discovery" process (exchange of documents, exhibits, witness lists, and evidence to be used at trial, etc.) will begin, and the Court is likely to set a schedule as to when certain deadlines need to be met (when discovery should be complete, scheduling of a Pretrial Conference, etc.)

    Honestly, I would still advise you to seek the help and assistance of a local attorney in your area. I know times are tough, but you may be able to get someone to help you for less than the cost of the $2K. Also, see what you can find online with respect to local law schools and their clinics that can provide free or low cost representation to you.
     
    Last edited: Aug 29, 2015
  18. LawyerLarry

    LawyerLarry Mr. Fuckmoney in the Bank VIP

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    I wasn't gonna explain it in such detail as that. Gotta protect the business.
     
  19. Gitfiddle

    Gitfiddle Live Deliciously

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    Stop being shitheaded deadbeats.
     
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  20. Miss America

    Miss America Well-Known Member

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    Stand up in court after they present their case and do this (and wear the same suit):
    [​IMG]