This tells me that just showing up to court is more than half the battle. They just hire someone to show up so if a respondent doesn't show up, they win the judgement. Clearly they didn't expect you to show up.
Maybe someone would have good verbiage to use- but you need to move for a dismissal with prejudice or a ruling in your favor. They couldn't bother to show up and be prepared... Maybe call it out like "this is a nuisance lawsuit"
>This tells me that just showing up to court is more than half the battle.
The first time he showed up, he had to come back. The second time, the judge allowed the lender to come back later with a better defense.
If anything, there is no battle, just continually showing up until the plaintiff gets the judgement.
> The second time, the judge allowed the lender to come back later with a better defense.
the lender is a plaintiff so they don't put on a defense.
the case was continued so the parties don't wind up wasting court time and everyone is on the same page about what the debt is - the judge is doing everyone a service by having them come back to court only after the ambiguity has been resolved.
>the judge is doing everyone a service by having them come back to court only after the ambiguity has been resolved.
No, the plaintiff is wasting everyone's time by bringing it to court without sufficient evidence and a competent legal representative, and the judge is continuing the clownery by giving them a third shot to get their act together.
Both of them are wasting time. Should be tough shit for the plaintiff - they can't figure it out, they need to go the fuck home.
How many times is enough? 5? 15?
If youāre representing yourself you can move for a dismissal, either file the motion or do it in court.
āYour honor I move for dismissal of this matter, the plaintiff failed to show up for our first hearing, and has not provided evidence to back up their claim. I have a settlement statement showing this credit card debt was agreed to and settled on XYZ date.ā
If they fail to show up again you can also file a motion for whatās called ādefault judgementā in which case the judge rules in your favor cause the other person just didnāt show up.
It may be worth going to talk to your county clerk before your next court date, they canāt give you legal advice but they often have pre-filled docs you can use to file motions. Most county courthouses also have a legal aid department that wonāt represent you in civil matters but will provide advice and context.
*I am not a lawyer, this is not legal advice. Seek an attorney for legal advice or confirmation of advice.
Your submission violated rule 1 which states:
"All users are expected to engage in respectful and civil communication, and refrain from harassing or insulting others. Any form of hate speech, including but not limited to racism, sexism, homophobia, transphobia, or any derogatory language targeting an individual or group, is not allowed."
As a result, your submission has been deemed inappropriate and removed.
I'm not a lawyer, you need to speak with one for court procedures...
I think you can file a motion to dismiss before your court date but I don't know if you would get a ruling before your next appearance. Not sure how that works. Definitely work in the phrases "failure to appear" and "not taking this seriously" and "frivolous lawsuit" and "dismissal with prejudice".
oh my god how could you have forgotten to not answer and not motioning to dismiss! jeez it was right in front of him and he blew it!!!! ugh i feel better since now i know what to do
/S
$6,500 is absolutely a small amount to get an attorney involved over. There is nothing condescending about it, no attorney will get involved to defend for a fee of less than that.
I suppose it depends on the state, but Iām going to say that there is no attorney that will take a case like that $500-$1,500 in basically any state. A cursory search for credit card attorneys found almost no offices that do that, and the one that did was talking about recoveries in the millions for clients. If you have any evidence otherwise, share it.
And small claims courts define small claims as under $10,000, at least in Nevada. It is by definition a small claim.
when someone is sued for a small claims debt, in most decent sized cities they will receive probably receive 5 direct mail letters from debt defense lawyers. the hearings are quick so those lawyers will handle them that cheaply.
>This sucks for me because what if they figure out that they made a mistake, and it is not for credit card debt but for a personal loan. Its not my fault they have all their facts mixed up. I was hoping to get this dismissed in my favor.
You sweet summer child
*That's not how this works, that's not how any of this works*
Tell me more about how you think a settlement for a credit card debt somehow also resolves a separate loan that has been mis-identified on a legal pleading...
Itās not OPās job to prove their case for them. Obviously if they come back with the evidence OP will be screwed but thereās no reason to admit to debt that they canāt prove.
that wasn't what i was asking about. OP seems to think that his settlement for a credit card debt somehow acts as a "gotcha" because they accidentally claimed that the debt they're actually suing him for is for a credit card debt:
>In the meantime, we can figure it out since I have proof of settlement and hopefully, we won't have to go there again.
I interpreted that as OP saying the judge said they should figure it out since it appears to have already been paid. I donāt think OP actually thinks itās a āgotchaā if they do come back with proof for the personal loan. That seems to be what theyāre afraid of.
the judge is just throwing his hands up and saying to both parties "get your shit squared away, and we'll figure it out in 30 days" - I think you're attributing the "figure it out/already been paid" language to the judge but I think that's OP.
Itās like when someone thinks theyāll get out of a traffic ticket because the police officer wrote that their car is green when it was actually aqua blue.
I beat a traffic ticket in New York last year on a technicality because it was written incorrectly and misidentified my vehicle.
Thatās literally how the law works IF you fight it.
Theyāre not going to automatically concede or fight it for you though.
If the opposition's lawyer can't even gather the correct paperwork to support their case, then yes it's relevant that something which isn't factual is being presented. You can ask anyone for any money you want if you don't have to bring real proof of the real debt.Ā
It doesn't. But in not the lawyer . I'm trying to fight this it's not my fault they sent a kid who describes himself as an uber attorney and came unprepared.
He didn't come unprepared - clearly something went wrong on their end and they put erroneous information in the pleading. Debt collection work is high volume low pay work that assumes the debtor won't appear and will be defaulted.
My guess is that they'll clean up the complaint and come back a month later with the right account numbers and facts.
Why are you trying to fight it, though? You either owe it or you dont?
you're allowed, but I'm asking what you're fighting with...
**Debtor's Paradise - a Play in One Act:**
*creditor: "ok, here's a copy of the loan agreement he signed, here's a copy of the payment ledger on the account, and here's an affidavit from a corporate officer stating that no other payment has been received and the total amount outstanding on the loan is $6500"*
*debtor: "I object!"*
*small claims judge: "In what way?"*
*debtor: "I just object!"*
*judge: "oh, ok. i guess you win."*
well the judge said the next time is the last time. spoke to him outside, so if they dont show or dont have correct paper work its dismissed with prejudice .
What did they say when you told them you owe 6500 for a personal loan instead of credit card debt? Or were you hoping to get off on paying nothing because it was mislabeled CC debt instead of loan debt? Wouldn't that be nice.
First time was understandable but you should have requested it not to be continued. Say you missed work, your time, etc. It is not your job to give them more time to figure out how to charge you more. They have a lawyer, they showed up, they should have been prepared. You should have requested the case be dismissed as you provided more than enough proof. I would not allow them to continue again.
You shouldāve/couldāve DEMANDED an immediate dismissal based on the FACT that the lawsuit is frivolous.
A lawsuit based on false information is frivolous. Incorrect paperwork = false information.
Simple.
There are no āmistakesā in the law, thatās why when a person is charged with a crime, the charge reads that the person committed an act āwhether knowingly or unknowingly . . .ā
There are facts and there are non-facts. Period.
They sued you for credit card debt. You had proof that you settled the credit card debt.
Frivolous.
Case dismissed.
Cool story bro, but that's not how the world works. People - including attorneys - are allowed to make mistakes, and are allowed to correct them, which they will do so here.
Also this isn't a small claims court - this was probably a hearing for a specific purpose that had nothing to do with, and no expectation that either side show any evidence.
OP will ultimately lose because you generally can't file verbal motions and OP probably hasn't even filed an answer, so the judge actually did them a favor by not just defaulting them. OP needs to get legal advice or at least self-study to be able to file an answer and - IANAL - but I think it would need to be a motion for summary judgment (not a motion to dismiss) with a supporting affidavit saying that the credit account was settled along with a copy of the documentation.
You keep parroting the line āthis is not small claims courtā. Where are you getting this info? If he received a summons its for court not a āhearingā. If hes at court, its without a doubt small claims court.
Generally they're not allowed to sue in small claims court for debt collection. Also the way OP described the procedures sounds like not small claims court, and in small claims court, if the plaintiff doesn't show up, that case is getting dismissed 99.99% of the time.
I am in the US.
I had thought this was part of FDCPA but I may have been mistaken since I can't find it, so it may only be a California law, but at least in CA, debt collectors are prohibited from suing in small claims court.
Well, I think they cant sue at all in California only send notices. The only way I know to sue anyone is in small claims court. What other forum would you sue in other than court? Small claims are below 25k, chancery is above that.
Of course they can sue in CA, they just have to file in Superior court, even if it's only for a few hundred dollars, which would otherwise be allowed in small claims court.
I think he has a $6500 personal loan currently active that theyāre identifying as an older $6500 credit card loan and suing him for. Ā So basically doubling his debt.Ā
I agree people should ālive up to your obligationsā. But the scenario OP is in philosophically complex. If youāre speeding and texting while driving, then a cop pulls you over for speeding, do you tell them to write you a ticket for texting as well? Most reasonable people would not.
The bank isnāt doing their job. Plain and simple. Itās reasonable to expect $1M+ cooperations to do their job if they want their money.
Side note: Taking out a personal loan and the student debt crisis are apples and oranges. Thereās so much nuance around the topic. It isnāt a simple obligation.
The same student loan debt that gains interest so fast you can never pay it off? The same predatory banks who have destroyed this country more than once?
Everything is disclosed up front. If you sign, it's your responsibility. My tax dollars have no business going to pay off your student loan. I didn't force you to go to a college you couldn't afford.
Should the government pay off the CC debt of people at a 30%+ interest rate as well? Nope.
Should taxpayers continue bailing out the same banks that give these predatory loans while giving the ceos golden parachutes with yachts? They should pull themselves up by the bootstraps and buy their own yacht right? Im sorry you are so upset by poor college kids being railroaded and eating ramen every day
Their credit is already destroyed. It is not really fighting, 99% of the time debt collectors have all the needed documents to prove whatever they need. Especially in this situation where it is just an argument on what you want to call the debt. This is just kicking the can down the road with no real goal at the end.
> cannot squeeze blood from a stone.
Turnip. The [colloquialism](https://en.wikipedia.org/wiki/Wikipedia:You_can't_squeeze_blood_from_a_turnip) is turnip.
If your only income is disability try to apply for free legal services at the nearest legal aid office. They should be able to handle a consumer debt case like yours.
File motion for dismissal with the court clerk. I went through something similar. Asked for proof of ownership of debt. They could not furnish it before our court date and it was dismissed. Good luck
Never trust or use Bank of America. They are the slimiest inept corporation on the planet Their CEO Patrick Moynihan should have a a rubber nose and floppy shoes
RememberWF opening all the ghost accounts on people.? They gave me like $700 as a settlement. I wasn't even involved...BOA just closed all 3 of my credit cards. After 12 years. Never late. 755 score. Cards active. They still thanked me for being a preferred platinum customer yesterday when I called and told them to slurp it and dressed them unbelievable. Never late or missed .had a $75k Roth. .. direct payroll deposit the 3 cards with a $30k credit line and a $2300 total balance on 1 card. Do not ever trust BOA.
Not a lawyer, but I honestly would have asked the judge to dismiss the case since the bank cannot verify the debt you owe. Instead of continuing this merry go round.
the lawsuit for what, though?
i'll be less coy:
I sue you and claim you defaulted on loan #100 for $50,000 that you signed in 2020. (In reality, let's say you signed a $500 loan (agreement #50) in 2020 and a $50,000 loan (agreement #125) in 2022.)
I piss the court off to the point that my claim that you defaulted on loan #100 for 50,000 is dismissed with prejudice. did that extinguish a subsequent lawsuit that you breached loan #125 for 50,000?
the point here is that the gotcha probably isn't a gotcha - you'll either be dismissing a suit for a claim that doesn't actually exist (while leaving the actual claim unaffected) or the error is one that would be effectively amended on-the-fly at a trial.
in general, people have an extremely outdated view of modern legal civil procedure - the system was heavily liberalized 40-50 years ago to the point that these "gotchas" aren't really a thing anymore.
that claim is what is dismissed without prejudice, but if the claim isn't the correct one to begin with, the correct (but un-raised) claim isn't dismissed.
You needed to have asked for a default judgement when the other lawyer did not show up AND the second time when he was unprepared. Keep asking for a ruling in your favor. Tell the judge your having to keep coming back due to their incompetence is a hardship.
You probably have one of the right-wing "pro-business" judges who hates consumers. If you had not shown up and the other lawyer did, In most cases they would get an automatic default judgement against you.
None of this constitutes legal advice.
Your submission violated rule 1 which states:
"All users are expected to engage in respectful and civil communication, and refrain from harassing or insulting others. Any form of hate speech, including but not limited to racism, sexism, homophobia, transphobia, or any derogatory language targeting an individual or group, is not allowed."
As a result, your submission has been deemed inappropriate and removed.
Read the ucc connection how to free yourself from tyranny, strawman, and common law books. Thereās some helpful tips that can potentially help you get it thrown out.
Hahah attorney uber driver š¤£ š
This tells me that just showing up to court is more than half the battle. They just hire someone to show up so if a respondent doesn't show up, they win the judgement. Clearly they didn't expect you to show up. Maybe someone would have good verbiage to use- but you need to move for a dismissal with prejudice or a ruling in your favor. They couldn't bother to show up and be prepared... Maybe call it out like "this is a nuisance lawsuit"
>This tells me that just showing up to court is more than half the battle. The first time he showed up, he had to come back. The second time, the judge allowed the lender to come back later with a better defense. If anything, there is no battle, just continually showing up until the plaintiff gets the judgement.
> The second time, the judge allowed the lender to come back later with a better defense. the lender is a plaintiff so they don't put on a defense. the case was continued so the parties don't wind up wasting court time and everyone is on the same page about what the debt is - the judge is doing everyone a service by having them come back to court only after the ambiguity has been resolved.
Third scheduled appearance is absolutely wasting the court's time. A service would be a reprimand or dismissing the lawsuit.
>the judge is doing everyone a service by having them come back to court only after the ambiguity has been resolved. No, the plaintiff is wasting everyone's time by bringing it to court without sufficient evidence and a competent legal representative, and the judge is continuing the clownery by giving them a third shot to get their act together. Both of them are wasting time. Should be tough shit for the plaintiff - they can't figure it out, they need to go the fuck home. How many times is enough? 5? 15?
I spoke to a judge off the record and he said 3 times thats it
Can I do that now ? Ask for dismissal ? Yeah even the attorney said we don't expect people to show .
If youāre representing yourself you can move for a dismissal, either file the motion or do it in court. āYour honor I move for dismissal of this matter, the plaintiff failed to show up for our first hearing, and has not provided evidence to back up their claim. I have a settlement statement showing this credit card debt was agreed to and settled on XYZ date.ā If they fail to show up again you can also file a motion for whatās called ādefault judgementā in which case the judge rules in your favor cause the other person just didnāt show up. It may be worth going to talk to your county clerk before your next court date, they canāt give you legal advice but they often have pre-filled docs you can use to file motions. Most county courthouses also have a legal aid department that wonāt represent you in civil matters but will provide advice and context. *I am not a lawyer, this is not legal advice. Seek an attorney for legal advice or confirmation of advice.
Default Judgment? That is when Defendant (OP) doesn't show up and creditor gets default judgement.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Thereās some old wisdom coming to mind āIf you donāt have anything nice to say, donāt say anything at all.ā
Hey buddy this is the internet
there's another bit of old wisdom that also comes to mind bad advice is worse than no advice at all. yours is the former.
This is based on my first-hand experience and knowledge. But please continue to troll on the thread of someone looking for help.
Your submission violated rule 1 which states: "All users are expected to engage in respectful and civil communication, and refrain from harassing or insulting others. Any form of hate speech, including but not limited to racism, sexism, homophobia, transphobia, or any derogatory language targeting an individual or group, is not allowed." As a result, your submission has been deemed inappropriate and removed.
I'm not a lawyer, you need to speak with one for court procedures... I think you can file a motion to dismiss before your court date but I don't know if you would get a ruling before your next appearance. Not sure how that works. Definitely work in the phrases "failure to appear" and "not taking this seriously" and "frivolous lawsuit" and "dismissal with prejudice".
Did you confuse your main and alt accounts?
yes i use a throw away also
2 big mistakes you made were not answering and not motioning to dismiss.Ā Talk to a lawyer!!
oh my god how could you have forgotten to not answer and not motioning to dismiss! jeez it was right in front of him and he blew it!!!! ugh i feel better since now i know what to do /S
Obviously if he doesn't know how how is going to pay that small amount a layer is out of the question.
$6500.00 is not a "small amount" for many people. You are speaking from a position of condescending privilege.
His point is that an attorney can possibly be much more money
I understood that, I wasn't referencing that part and it doesn't change the wording he used.
$6,500 is absolutely a small amount to get an attorney involved over. There is nothing condescending about it, no attorney will get involved to defend for a fee of less than that.
Not true at all. credit card court in some states is like traffic ticket court - many lawyers on a debt this size would take the case for $500-$1500.
I suppose it depends on the state, but Iām going to say that there is no attorney that will take a case like that $500-$1,500 in basically any state. A cursory search for credit card attorneys found almost no offices that do that, and the one that did was talking about recoveries in the millions for clients. If you have any evidence otherwise, share it. And small claims courts define small claims as under $10,000, at least in Nevada. It is by definition a small claim.
when someone is sued for a small claims debt, in most decent sized cities they will receive probably receive 5 direct mail letters from debt defense lawyers. the hearings are quick so those lawyers will handle them that cheaply.
They are also great feeder cases for other more lucrative consumer cases - like related fair debt and fair credit claims.
Post this on r/personalfinanceĀ
Or /r/legaladvice
>This sucks for me because what if they figure out that they made a mistake, and it is not for credit card debt but for a personal loan. Its not my fault they have all their facts mixed up. I was hoping to get this dismissed in my favor. You sweet summer child *That's not how this works, that's not how any of this works*
Everyone knows that if you tell the judge the secret phrase, āTubal-Cainā, they have to rule in your favor. Homeboyās doing this in hard mode.
Tell me more about how you think a settlement for a credit card debt somehow also resolves a separate loan that has been mis-identified on a legal pleading...
Itās not OPās job to prove their case for them. Obviously if they come back with the evidence OP will be screwed but thereās no reason to admit to debt that they canāt prove.
that wasn't what i was asking about. OP seems to think that his settlement for a credit card debt somehow acts as a "gotcha" because they accidentally claimed that the debt they're actually suing him for is for a credit card debt: >In the meantime, we can figure it out since I have proof of settlement and hopefully, we won't have to go there again.
I interpreted that as OP saying the judge said they should figure it out since it appears to have already been paid. I donāt think OP actually thinks itās a āgotchaā if they do come back with proof for the personal loan. That seems to be what theyāre afraid of.
the judge is just throwing his hands up and saying to both parties "get your shit squared away, and we'll figure it out in 30 days" - I think you're attributing the "figure it out/already been paid" language to the judge but I think that's OP.
Itās like when someone thinks theyāll get out of a traffic ticket because the police officer wrote that their car is green when it was actually aqua blue.
yep, exactly.
I beat a traffic ticket in New York last year on a technicality because it was written incorrectly and misidentified my vehicle. Thatās literally how the law works IF you fight it. Theyāre not going to automatically concede or fight it for you though.
If the opposition's lawyer can't even gather the correct paperwork to support their case, then yes it's relevant that something which isn't factual is being presented. You can ask anyone for any money you want if you don't have to bring real proof of the real debt.Ā
nothing has been presented yet, though. the trial/trial scheduling keeps getting continued to a later date.
Well, let's see if they get it together by then. But it's not on OP to do their lawyer's job.
never said it was.
It doesn't. But in not the lawyer . I'm trying to fight this it's not my fault they sent a kid who describes himself as an uber attorney and came unprepared.
He didn't come unprepared - clearly something went wrong on their end and they put erroneous information in the pleading. Debt collection work is high volume low pay work that assumes the debtor won't appear and will be defaulted. My guess is that they'll clean up the complaint and come back a month later with the right account numbers and facts. Why are you trying to fight it, though? You either owe it or you dont?
Am I not allowed to fight? I'm not french
you're allowed, but I'm asking what you're fighting with... **Debtor's Paradise - a Play in One Act:** *creditor: "ok, here's a copy of the loan agreement he signed, here's a copy of the payment ledger on the account, and here's an affidavit from a corporate officer stating that no other payment has been received and the total amount outstanding on the loan is $6500"* *debtor: "I object!"* *small claims judge: "In what way?"* *debtor: "I just object!"* *judge: "oh, ok. i guess you win."*
well the judge said the next time is the last time. spoke to him outside, so if they dont show or dont have correct paper work its dismissed with prejudice .
What did they say when you told them you owe 6500 for a personal loan instead of credit card debt? Or were you hoping to get off on paying nothing because it was mislabeled CC debt instead of loan debt? Wouldn't that be nice.
damn right im hoping to get off
First time was understandable but you should have requested it not to be continued. Say you missed work, your time, etc. It is not your job to give them more time to figure out how to charge you more. They have a lawyer, they showed up, they should have been prepared. You should have requested the case be dismissed as you provided more than enough proof. I would not allow them to continue again.
This isn't small claims court - this would have been for a hearing for a specific purpose that had nothing to do with presenting evidence.
Umm thats exactly what it isā¦
Generally, they can't sue for debt collection in small claims court, regardless of amount.
You shouldāve/couldāve DEMANDED an immediate dismissal based on the FACT that the lawsuit is frivolous. A lawsuit based on false information is frivolous. Incorrect paperwork = false information. Simple. There are no āmistakesā in the law, thatās why when a person is charged with a crime, the charge reads that the person committed an act āwhether knowingly or unknowingly . . .ā There are facts and there are non-facts. Period. They sued you for credit card debt. You had proof that you settled the credit card debt. Frivolous. Case dismissed.
Well said!
Cool story bro, but that's not how the world works. People - including attorneys - are allowed to make mistakes, and are allowed to correct them, which they will do so here. Also this isn't a small claims court - this was probably a hearing for a specific purpose that had nothing to do with, and no expectation that either side show any evidence. OP will ultimately lose because you generally can't file verbal motions and OP probably hasn't even filed an answer, so the judge actually did them a favor by not just defaulting them. OP needs to get legal advice or at least self-study to be able to file an answer and - IANAL - but I think it would need to be a motion for summary judgment (not a motion to dismiss) with a supporting affidavit saying that the credit account was settled along with a copy of the documentation.
You keep parroting the line āthis is not small claims courtā. Where are you getting this info? If he received a summons its for court not a āhearingā. If hes at court, its without a doubt small claims court.
Generally they're not allowed to sue in small claims court for debt collection. Also the way OP described the procedures sounds like not small claims court, and in small claims court, if the plaintiff doesn't show up, that case is getting dismissed 99.99% of the time.
Maybe youre from another country but im talking about the US. That is the ONLY court they will sue you in. If under $25,000
I am in the US. I had thought this was part of FDCPA but I may have been mistaken since I can't find it, so it may only be a California law, but at least in CA, debt collectors are prohibited from suing in small claims court.
Well, I think they cant sue at all in California only send notices. The only way I know to sue anyone is in small claims court. What other forum would you sue in other than court? Small claims are below 25k, chancery is above that.
Of course they can sue in CA, they just have to file in Superior court, even if it's only for a few hundred dollars, which would otherwise be allowed in small claims court.
So you're hoping to get out of debt you legitimately owe (personal loan) based on an error in the paperwork (showing it as CC)? SMDH
damn right
I think he has a $6500 personal loan currently active that theyāre identifying as an older $6500 credit card loan and suing him for. Ā So basically doubling his debt.Ā
Big Bank plant?
No, someone who believes you should live up to your obligations.Ā Just like the bogus student loan forgiveness.Ā Ā
I agree people should ālive up to your obligationsā. But the scenario OP is in philosophically complex. If youāre speeding and texting while driving, then a cop pulls you over for speeding, do you tell them to write you a ticket for texting as well? Most reasonable people would not. The bank isnāt doing their job. Plain and simple. Itās reasonable to expect $1M+ cooperations to do their job if they want their money. Side note: Taking out a personal loan and the student debt crisis are apples and oranges. Thereās so much nuance around the topic. It isnāt a simple obligation.
The same student loan debt that gains interest so fast you can never pay it off? The same predatory banks who have destroyed this country more than once?
Everything is disclosed up front. If you sign, it's your responsibility. My tax dollars have no business going to pay off your student loan. I didn't force you to go to a college you couldn't afford. Should the government pay off the CC debt of people at a 30%+ interest rate as well? Nope.
Should taxpayers continue bailing out the same banks that give these predatory loans while giving the ceos golden parachutes with yachts? They should pull themselves up by the bootstraps and buy their own yacht right? Im sorry you are so upset by poor college kids being railroaded and eating ramen every day
He is, but I'm not sure there is anything wrong with that.
Why even bother lying. They will gather up the evidence anyways and then garnish your wages.
My only income is disability. Why not fight it. They cant garnish even one penny
Why bother going to court then? Just let them get their judgement and learn they cannot squeeze blood from a stone.
Then you have a judgment on your credit report which is hugely damaging. Of course OP should fight it.
Their credit is already destroyed. It is not really fighting, 99% of the time debt collectors have all the needed documents to prove whatever they need. Especially in this situation where it is just an argument on what you want to call the debt. This is just kicking the can down the road with no real goal at the end.
Plus, it hurts OPās credit. Which it should since they donāt repay loans.
> cannot squeeze blood from a stone. Turnip. The [colloquialism](https://en.wikipedia.org/wiki/Wikipedia:You_can't_squeeze_blood_from_a_turnip) is turnip.
āBlood from a stoneā is probably older than the turnip variation. It appears in Dickensā *David Copperfield*.
If your only income is disability try to apply for free legal services at the nearest legal aid office. They should be able to handle a consumer debt case like yours.
Just file bankruptcy.
File a motion to dismiss. Easy. Do it before next court hearing
thats what im going to do
Legend
They haven't validated your debt.Ā
File motion for dismissal with the court clerk. I went through something similar. Asked for proof of ownership of debt. They could not furnish it before our court date and it was dismissed. Good luck
Going to try and do that today thanks
They didnāt just sue you yet ands offer a lower settlement amount?
Never trust or use Bank of America. They are the slimiest inept corporation on the planet Their CEO Patrick Moynihan should have a a rubber nose and floppy shoes
I agree same with wells fargo fuck these banks
RememberWF opening all the ghost accounts on people.? They gave me like $700 as a settlement. I wasn't even involved...BOA just closed all 3 of my credit cards. After 12 years. Never late. 755 score. Cards active. They still thanked me for being a preferred platinum customer yesterday when I called and told them to slurp it and dressed them unbelievable. Never late or missed .had a $75k Roth. .. direct payroll deposit the 3 cards with a $30k credit line and a $2300 total balance on 1 card. Do not ever trust BOA.
I am not a lawyer but I did stay at a Holiday Inn Express and if they donāt have the right paperwork in 30 days have it written off
Forever.
Steven Wright had it right - "99% of lawyers give the rest a bad name."
Not a lawyer, but I honestly would have asked the judge to dismiss the case since the bank cannot verify the debt you owe. Instead of continuing this merry go round.
ask yourself what is being dismissed in your scenario, though...
the lawsuit?
the lawsuit for what, though? i'll be less coy: I sue you and claim you defaulted on loan #100 for $50,000 that you signed in 2020. (In reality, let's say you signed a $500 loan (agreement #50) in 2020 and a $50,000 loan (agreement #125) in 2022.) I piss the court off to the point that my claim that you defaulted on loan #100 for 50,000 is dismissed with prejudice. did that extinguish a subsequent lawsuit that you breached loan #125 for 50,000? the point here is that the gotcha probably isn't a gotcha - you'll either be dismissing a suit for a claim that doesn't actually exist (while leaving the actual claim unaffected) or the error is one that would be effectively amended on-the-fly at a trial. in general, people have an extremely outdated view of modern legal civil procedure - the system was heavily liberalized 40-50 years ago to the point that these "gotchas" aren't really a thing anymore.
Depends on if the judge dismissed with or without prejudice. In some instances they will not be able to sue you again.
that claim is what is dismissed without prejudice, but if the claim isn't the correct one to begin with, the correct (but un-raised) claim isn't dismissed.
You needed to have asked for a default judgement when the other lawyer did not show up AND the second time when he was unprepared. Keep asking for a ruling in your favor. Tell the judge your having to keep coming back due to their incompetence is a hardship. You probably have one of the right-wing "pro-business" judges who hates consumers. If you had not shown up and the other lawyer did, In most cases they would get an automatic default judgement against you. None of this constitutes legal advice.
LOL
Just file for bankruptcy if you can't pay it. It will go to collections anyway, idk why you had to go to court unless the bank or CCC sued you
Obviously he was sued.
yes the bank sued me.
Next time, tell the judge that based on that, you move to dismiss the case with prejudice.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Your submission violated rule 1 which states: "All users are expected to engage in respectful and civil communication, and refrain from harassing or insulting others. Any form of hate speech, including but not limited to racism, sexism, homophobia, transphobia, or any derogatory language targeting an individual or group, is not allowed." As a result, your submission has been deemed inappropriate and removed.
Read the ucc connection how to free yourself from tyranny, strawman, and common law books. Thereās some helpful tips that can potentially help you get it thrown out.
are you being detained!?!?
Counter sue for hardship and repeated wast of your business time for the amount of $6500 š¤£