Topic: I was served - what do I bring to court etc?

[SeekingBetter]

Hello all,

It has been ages since I've been  here. Been quite sick.

Just been served with papers to appear in local county court about a month from now. (Should I name the big credit card company - or the name of the law firm? I know some of them monitor this board so I'm trying to be careful)

As a refresher, I am awaiting a disability hearing which will be scheduled for late 2012 for me. I have had zero income and been unable to work since ... well, I guess 18 months or so. I have made no payments on three (or is it four?) small credit cards in this time. I've sent two of them notice to stop calling as advised here. I survive basically on foodstamps. That's it. I have a nearly 20 yr old vehicle. I live with relatives (and they are abusive in the extreme and I am waiting on my disability to save myself, literally.)

I know they can't milk money out of a stone. I haven't got any savings. I have no assets. I have no investments. Nothing.

So what do I bring to court? What do I say? What can I expect?

And - what can I do with the remaining creditors so they don't drag me to court. My relatives are scaring me more than the creditors by far - and this isn't helping my plight with them. They do NOT help me and I don't want them to - I just want to get out of here. But that's another story.

What do I do now?

EDIT:: This alleged debt is less than $800
All alleged debt is  less than $3000 all together I think.

[BrokeBob]

First off, I really hope you get better, and I hope your situation gets better.  Your life sounds horrible right now.

Still, you are smart. You are looking for direction, rather than for sympathy.  Direction is easier to find on this forum.  :-)

You really need to read up on the Rules for Civil Procedure for your state, and possibly for your county as well.

Most of the time, they are hoping you will either not show up or not dispute the debt. 

In most places, all you need to do at first is to show up and dispute the debt, and they will set up further court appearances.

I would think you want to get into a good negotiating position with your creditors.

Does this creditor have an arbitration clause?  If so, why not:

1.  File in JAMS (if that forum is allowed in the clause)

2.  File a Motion to Compel Arbitraiton in court.

3.  Send a letter to the OC (the address should be in your arbitraiton agreement) requesting that they pay the fees since you are indigent.


In most cases, they will back off, and not spend thousands trying to collect hundreds from someone unable to pay.

Best of luck to you!

[SeekingBetter]

Thank you, Bob, for all your suggestions and the kind wishes.

It will take me a little while to  understand all of the things you just mentioned. I might have to come back a few times with more questions. Hope you don't mind.

Maybe it would help to name where I am - who the involved parties are, etc.

Location: W I
Plaintiff: Cap 1
by the K0 h-n

RE:" read up on the Rules for Civil Procedure for your state, and possibly for your county as well"
Where can I find this? Will it be in terms I can comprehend as a layman?  My disability attorney knows nothing about debt issues. His assistant asked if I could look into bankruptcy. Don't really want to do that.

I have really no fear of disputing this. However, this paper gives me an option of either showing up at court, or "you must file a written answer and provide a copy to the plaintiff or plaintiff's attorney on or before the date and time stated."  I don't understand what I should say as a reason to dispute. Regarding inability to pay: Last year, I was advised that if I told creditors I was judgement proof and unable to work etc that it would merely fall on deaf ears because people make up things like that all the time to try to get out of paying. So I'm confused.

[BrokeBob]

I live in Wisconsin as well.  I have beaten Cap 1 in Wisconsin.

Look at Wisconsin Statutes Chapter 801.

You also need to look at the Wisconsin Consumer Act,  Google it.  Esp. look at Chapter 425, esp. sections 425.104, 425.105, 425.109.

Some county courts have online manuals for small claims court.  If yours does not, look it up on your favorite search engine.

That being said, you need to know a few things about defending a case in Wisconin.

Kohn NEVER sends out a 15 Day Notice of Right to Cure Default.  This is in violation of Wisc. Stats. 425.104 and 425.105. 

I ALWAYS demand a full accounting, as per 425.109(2).  If they do not provide it, they cannot win.

I beat Cap 1 because they used a robo-signing "agent" for their affidavit.  Look up the case Kalal v. Palisades

In Wisconsin, you can file a MTC arbitration for your answer, or so I have heard.  You might want to include an answer as well, such as answer all of their claims with "DENY", except you admit you are John Doe living at 1001 Main St., Point Place, WI, for example.  (That was the town in That 70s Show).

You need to be careful dealing with Kohn.  They are all very good lawyers, especially the lawyer monitoring this post.  :-)

Seriously, they are a very good firm. 

Cap 1 has JAMS in their arbitration agreement.  I filed in JAMS against Cap 1, and they folded.  The judge had thrown out their evidence, they had nothing, and they were not going to spend thousands of dollars chasing their tails. 

Especially since you are completely broke.

Cap 1 has a provision that you can write and ask they to pay your $250 JAMS fees.  If they ever get around to it, they will send you a form where you show how broke you are.

[SeekingBetter]

Holy cow. Thank you so much for all of this. I have a lot of reading to do, clearly.  Although I don't totally understand all of it right now, I feel like this is just super material. THANK YOU!

By the way - they have the wrong ending to my street name. For example: instead of Brown Street, they have Brown Boulevard. Wonder if that's useful.

I'll look for that 15 day notice - and will check all the other useful stuff you've noted.

The irony is that even if they would "win" against me, there is nothing for them to win. Period. There won't ever be.

I'll save asking anything else until I have my thoughts a little straighter and have digested some of the reading material you've noted.

Did I say thank you? Thank you!

[BrokeBob]

Go get 'em!

[howucantoo]

Wow, the first responder happened to be from your state and an expert too !

Go get'em !

[SeekingBetter]

Thanks, howucantoo, I'm very lucky BrokeBob answered.

I'm waiting for a call back from the attorney who is handling my disability case. It was his assistant who last time made that suggestion. Today I'll be talking to him directly and he may have some info for me in handling this. I am going to ask if he can draft a letter declaring my situation - and I'm wondering: if these credit card companies have authenticated proof from my attorney that I really am totally without money and will always be without money,  will that stop them from further going after this? I really don't care if it shows up on my credit report - I'll never have enough money to use credit again anyway - I just want this to stop.

I also just received a letter from a law firm that somehow got wind of this case - and they want to represent me. How exactly do they get this info? 

I'm curious about something they wrote: "whether you qualify for hardship Debt Settlement Program or Bankruptcy."   I searched online for hardship debt settlement but all I get are firms looking to represent clients. Is there some law about hardship cases like mine that I should know about?

[SeekingBetter]

I think I have this handled now.

I know that XXXXXXXX (the tv and radio guy) has set up a free consumer action group. I called them, they put me in touch with the National Foundation for Credit Counseling. I spoke with a very knowledgeable gentleman in their office just now - and they're located just an hour from me. He told me what to write in that reply. He told me what to expect and how to go from here. He said I can call back any time and they'll help me more. He's emailing me some other stuff to read. Basically, all of them may get a judgement against me, however, by law since I receive government assistance they are not allowed to try to collect. So ... I am going to proceed sending out letters. I may or may not have to show up at court - but even if I do, they ultimately can not collect on any judgement.

Thank you all for your help.

[BrokeBob]

If that works for you, fine.

However, that is only good if you will ALWAYS be judgment proof.  If this is a permanent disability, and my heart goes out to you if that is the case, then you will always be judgment proof.  If this is temporary, as in you will be able to work again in a year or even 10 years, then you might want to fight the case first.

Of course, that depends on whether you have the time and resources (physical and otherwise) to fight the case.