Page 3 of 4 FirstFirst 1 2 3 4 LastLast
Results 21 to 30 of 40
  1. #21
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting souperdave
    View Post
    Looking through this thread I saw where the OP mentioned the modern-day snake oil salesman, Kevin Trudeau.

    Kevin Trudeau is a convicted felon. You would be doing yourself a large courtesy to do the only intelligent thing with any and all of his "books" in your possession.....toss them into the recycling bin!!!

    That is truly the only useful purpose for any of his material.

    (Sorry for butting in, but I thoroughly agree)

  2. #22
    Join Date
    May 2014
    Location
    Arizona
    Posts
    16

    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting adjusterjack
    View Post
    The first thing (very important) that I urge you to do is go to the courthouse where the lawsuit was filed and get a copy of the complete case file, every piece of paper in it, so you know what's going on.
    Ugh, I woke up early today and tried to get copies of my case file. I had no luck. I got bounced back and forth from the Legal Records Department to the Precinct Justice Court, and nobody knew how to get copies of my case files. I got tired of walking back and forth between both locations in the sun, plus finding parking downtown, so I gave up. I even asked if I could get the case file online, but they said nope, not possible.

    However, I did end up filing my response form to prevent the Default judgement. I also mailed a copy of my answer form to the law firm that is suing me. The lady said the court would send me something in the mail soon. Hopefully this will stop the default action from taking place. I'm assuming that the negotiation phase is lurking right around the corner?

    Even though I don't have the case file, the contents probably won't shock me. At the very least, the documents probably show records from my previous creditor from 2009, which LVNV has already sent me such documents and attachments. Their case against me is probably a run-of-the-mill case, stating that I borrowed from a creditor, I failed to pay, they now bought and own the debt, and they want money in return. Or something along those lines.

  3. #23
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting azlegal3
    View Post
    Ugh, I woke up early today and tried to get copies of my case file. I had no luck. I got bounced back and forth from the Legal Records Department to the Precinct Justice Court, and nobody knew how to get copies of my case files. I got tired of walking back and forth between both locations in the sun, plus finding parking downtown, so I gave up. I even asked if I could get the case file online, but they said nope, not possible.
    I'm guessing that the file is on a pile somewhere for the judge to review the Plaintiff's motion and that's why they couldn't put their hands on it.

    Quote Quoting azlegal3
    View Post
    However, I did end up filing my response form to prevent the Default judgment. I also mailed a copy of my answer form to the law firm that is suing me. The lady said the court would send me something in the mail soon.
    I suggest you check the online docket a couple of times a week to see what's happening.

    http://www.jp.co.pima.az.us/casesearch/hmuver.aspx

    Quote Quoting azlegal3
    View Post
    Hopefully this will stop the default action from taking place.
    As long as you filed it on time, it will delay things for several months.

    That you were charged $37 to file an answer leads me to conclude that the case will follow the Superior Court Rules for regular civil cases even though it's in the Justice Court.

    You need to be aware of those rules lest you slip up and the other side wins on a technicality.

    See the following page for the Civil Case time line. Were rules are cited you can click on them to read the rules:

    http://www.sc.pima.gov/?tabid=180

    In a regular civil case you are allowed to engage in Discovery where you can request the documents (evidence/proof, etc) from the Plaintiff. Click on the links to the appropriate pages. You can probably find ways to nitpick the documents that they've already sent you and ask for more.

    Quote Quoting azlegal3
    View Post
    Their case against me is probably a run-of-the-mill case, stating that I borrowed from a creditor, I failed to pay, they now bought and own the debt, and they want money in return. Or something along those lines.
    This is a two edged sword now. On the one hand the collection agency has to start paying its attorney by the hour to keep on handling the litigation to completion so they might be willing to settle for a discounted amount to avoid that.

    On the other hand, if it goes all the way to judgment and you lose you'll likely get hit with their lawyer fees (which could be thousands) since your credit card contract probably has the appropriate bilateral "loser pays lawyer fees" provision.

  4. #24
    Join Date
    May 2014
    Location
    Arizona
    Posts
    16

    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting adjusterjack
    View Post

    This is a two edged sword now. On the one hand the collection agency has to start paying its attorney by the hour to keep on handling the litigation to completion so they might be willing to settle for a discounted amount to avoid that.

    On the other hand, if it goes all the way to judgment and you lose you'll likely get hit with their lawyer fees (which could be thousands) since your credit card contract probably has the appropriate bilateral "loser pays lawyer fees" provision.
    I received a letter from the suing law firm today. It is a "Stipulation and Order for Dismissal Without Prejudice" letter. It says I must sign it and mail it back to the attorney. Does this mean they are dropping the lawsuit?

  5. #25
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting azlegal3
    View Post
    I received a letter from the suing law firm today. It is a "Stipulation and Order for Dismissal Without Prejudice" letter. It says I must sign it and mail it back to the attorney. Does this mean they are dropping the lawsuit?
    A dismissal without prejudice is a dismissal of the lawsuit that allows the plaintiff to potentially refile at a later date.

  6. #26
    Join Date
    May 2014
    Location
    Arizona
    Posts
    16

    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting Mr. Knowitall
    View Post
    A dismissal without prejudice is a dismissal of the lawsuit that allows the plaintiff to potentially refile at a later date.
    Should I sign the dismissal letter and mail it back to the law firm that sued me? I almost feel like if I sign it that I'm giving them permission to sue me once again.

    Is it common for them to re-file? I don't know why it was dismissed in the first place, but I am glad. Oh, also, is there a legal time period in which they can re-file?

  7. #27
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting azlegal3
    View Post
    Should I sign the dismissal letter and mail it back to the law firm that sued me? I almost feel like if I sign it that I'm giving them permission to sue me once again.

    Is it common for them to re-file? I don't know why it was dismissed in the first place, but I am glad. Oh, also, is there a legal time period in which they can re-file?
    There is no real harm in you signing the stipulation to dismiss.

  8. #28
    Join Date
    May 2014
    Location
    Arizona
    Posts
    16

    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting llworking
    View Post
    There is no real harm in you signing the stipulation to dismiss.
    The Stipulation and Order for Sismissal letter reads as follows:

    "Plaintiff, by and through their attorneys [law firm name here] undersigned and the Defendant(s) [my name here], appearing pro per, hereby stipulate that the above-entitled action may be dismissed without prejudice against [my name here] with each party to bear their own costs and fees."

    I was worried that if I sign this document and mail it to the law firm that they would request some sort of fees. I guess this letter means we are responsible for our own court fees, such as the $37 that I paid to file an Answer form?

  9. #29
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting azlegal3
    View Post
    The Stipulation and Order for Sismissal letter reads as follows:

    "Plaintiff, by and through their attorneys [law firm name here] undersigned and the Defendant(s) [my name here], appearing pro per, hereby stipulate that the above-entitled action may be dismissed without prejudice against [my name here] with each party to bear their own costs and fees."

    I was worried that if I sign this document and mail it to the law firm that they would request some sort of fees. I guess this letter means we are responsible for our own court fees, such as the $37 that I paid to file an Answer form?
    They would not be able to request some sort of fees, because the stipulation clearly states that "with each party to bear their own costs and fees".

  10. #30
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting azlegal3
    View Post
    The Stipulation and Order for Sismissal letter reads as follows:

    "Plaintiff, by and through their attorneys [law firm name here] undersigned and the Defendant(s) [my name here], appearing pro per, hereby stipulate that the above-entitled action may be dismissed without prejudice against [my name here] with each party to bear their own costs and fees."

    I was worried that if I sign this document and mail it to the law firm that they would request some sort of fees. I guess this letter means we are responsible for our own court fees, such as the $37 that I paid to file an Answer form?
    Why did they send that to you?

    Did you pay?

    Did you agree to pay?

    1. Sponsored Links
       

Page 3 of 4 FirstFirst 1 2 3 4 LastLast

Similar Threads

  1. Debt Collectors: How Do You Know If You're Dealing With a Junk Debt Buyer or the Credit Card Company
    By redhawk1 in forum Debts and Collections
    Replies: 1
    Last Post: 01-14-2011, 09:11 AM
  2. Debt Collectors: Credit Card Debt Bought by Junk Buyer
    By db262 in forum Debts and Collections
    Replies: 1
    Last Post: 08-22-2010, 07:35 PM
  3. Debt Collectors: Being Sued Over Credit Card Debt
    By newmommy1 in forum Debts and Collections
    Replies: 5
    Last Post: 05-13-2008, 09:15 AM
  4. Debt Collectors: Sued Over Credit Card Debt
    By mgray in forum Debts and Collections
    Replies: 1
    Last Post: 11-21-2007, 07:20 AM
  5. Debt Collectors: Being Sued for a credit card debt not on my Credit report
    By Miguel863 in forum Debts and Collections
    Replies: 7
    Last Post: 09-26-2005, 07:46 PM
 
 
Sponsored Links

Legal Help, Information and Resources