Board 8 > Oh hey i'm being sued

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ChaosTonyV4
10/07/19 10:07:34 PM
#51:


Corrik7 posted...
ChaosTonyV4 posted...
Uh its worth noting that the Lewis University debt I talked about actually WAS valid, but it had been seven years and as far as I know, literally never contacted me, with New Mexicos statue of limitations being six years.

I just straight up denied it existed and because it was past the time limit they couldnt do anything about it.
Yeah, after 7 years it doesn't get reported anymore or shouldn't have been on your credit reports.


But if I offered to pay it back, it would reset the timeline on the debt.

Thats the entire point Im trying to stress here.

If its been 4 years (in Texas) since Pun accrued the debt, they cannot pursue him any further, including adding it to his credit report.
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foolm0r0n
10/07/19 11:19:02 PM
#52:


Do not fucking call them holy crap. They're not gonna let it slide just cuz he's nice on the phone. They are suing him for a few hundred bucks from 4 years ago. This is not a misunderstanding. These places have 1 job and 1 job only and this is it.

Contest it with the court if anything. Say it's bs and there's no evidence and they are harassing you and they can gtfo. Ball is in their court. And in general it's way easier for you to punt it back to them than vice versa. You should ultimately be in the right too so even if it comes down to the worst of it, you're fine.
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foolm0r0n
10/07/19 11:22:41 PM
#53:


Also I am a lawyer so take my advice
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Snrkiko
10/07/19 11:24:06 PM
#54:


wait you are? how did i not know this
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foolm0r0n
10/07/19 11:28:21 PM
#55:


I'm not

Would a real lawyer ever actually say that?
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Punnyz
10/08/19 12:07:22 AM
#56:


Looks like its within 3 years ago

and I don't think me pretending this thing doesn't exist is a good idea, it seems to be real
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ninkendo
10/08/19 12:08:26 AM
#57:


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Punnyz
10/08/19 12:11:25 AM
#58:


the papers are saying I have to respond to the court within two weeks

I know foolmo is saying no but is responding to them directly, the collectors, an actual option here?
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NFUN
10/08/19 12:13:17 AM
#59:


Punnyz posted...
Looks like its within 3 years ago

and I don't think me pretending this thing doesn't exist is a good idea, it seems to be real

it's only as real as they're willing to make it

actually going to court is effort. they probably wouldn't slam-dunk the case and there's a good chance they wouldn't actually pursue this all the way if you refused to play ball. you're not pretending it's not there; you're refusing to play the game by their rules. show up to court if you're summoned and see if you can get a free consultation but don't give in because they're very likely just trying to scare you. remember that it's a collection agency because the actual card company didn't think it was worth the effort to get you to pay. if they really haven't contacted you in years you're probably very safe from a legal perspective. in conclusion, chill out, you're most likely completely fine

i am extremely far from being a lawyer btw
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Corrik7
10/08/19 12:19:30 AM
#60:


Punnyz posted...
the papers are saying I have to respond to the court within two weeks

I know foolmo is saying no but is responding to them directly, the collectors, an actual option here?
Definitely do not listen to foolmo. You either have the option of going to court or trying to settle it outside of the court prior.

You could consult a lawyer if concerned.


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Punnyz
10/08/19 12:19:34 AM
#61:


are you applying that "if you get a ticket, challenge it cuz if da cawp don't show up U WIN LOL" thing to this?

Cause apparently that doesn't work
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Snrkiko
10/08/19 12:33:46 AM
#62:


foolm0r0n posted...
I'm not

Would a real lawyer ever actually say that?

yes
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NFUN
10/08/19 12:35:19 AM
#63:


Punnyz posted...
the papers are saying I have to respond to the court within two weeks

i didn't see this. listen to the court

wait what exactly are these papers
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ChaosTonyV4
10/08/19 12:49:26 AM
#64:


Like I said, you got served, go to your court summons, but do not acknowledge the debt, and definitely dont acknowledge they may have contacted you in the past and you missed it or ignored it.

Its on them to prove it to the court, and if you admit it exists and you were negligent, that leverage goes away. Theyre counting on you being too afraid to show up and/or stand up to them.
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foolm0r0n
10/08/19 9:25:52 AM
#65:


Punnyz posted...
are you applying that "if you get a ticket, challenge it cuz if da cawp don't show up U WIN LOL" thing to this?

Cause apparently that doesn't work

If you get a ticket you don't call the cop's house and beg them to take it back. (And btw it DOES work for the cop not to show up, and even if they do you get a reduced fee usually.)

Respond to court like it says. Nowhere does it say to contact the debt people. Listen to Tony if not me.
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tcaz2
10/08/19 9:51:20 AM
#66:


A good rule of thumb for B8 in general is 'never listen to foolmo'
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ShatteredElysium
10/08/19 10:42:46 AM
#67:


I have a friend where some debt company chased him. He demanded paperwork and proof to show what he owed. He knew it was legit but he also knew they had just bought it from someone else. They could never provide him with anything he asked for. When it went to court, they didn't turn up so it was dismissed. It doesn't seem like they will file again.

I would say your best bet is to just turn up to court. I think a lot of the time these companies just use bully tactics to try get you to pay before court. Don't acknowledge the debt at court and demand proof of all the paperwork that says you owe them the money. There's probably a very good chance they don't show up to court.
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Uglyface2
10/08/19 11:00:25 AM
#68:


You do need to answer the complaint in order to avoid a default judgment. Im not a lawyer, this is not legal advice (have to say that since I took a couple of classes in paralegal studies), but the rules for civil procedures require an answer. Get the paperwork back to the court, and use certified mail to do it.
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Gatarix
10/08/19 11:29:13 AM
#69:


Uglyface2 posted...
You do need to answer the complaint in order to avoid a default judgment.

Yeah, this. If you don't answer or show up, you lose the court case by default. See if you can find free legal services in your area to help you do the paperwork to answer the complaint.
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Punnyz
10/08/19 4:17:31 PM
#70:


So go to court, not say anything other than "can they provide paper work of their claims" or something

and thats it?

what do I do IF they follow through
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LadyVyxx
10/08/19 4:35:26 PM
#71:


Punnyz posted...
So go to court, not say anything other than "can they provide paper work of their claims" or something

and thats it?

what do I do IF they follow through


If they follow through with proof they contacted you and/or mailed you notices and its legitimate then you either

1. Discuss and agree on a repayment plan for a much lower amount
2. Argue against their proof at a later court date
3. Ignore it all over again and absorb the bad credit hit
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KingButz
10/08/19 4:36:08 PM
#72:


Talk to a lawyer
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foolm0r0n
10/08/19 9:44:24 PM
#73:


Don't talk to a lawyer for $1000 lol

Unless they're free
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Drakeryn
10/08/19 9:50:18 PM
#74:


yeah like I said, see if there's a free legal aid foundation in your area that does work for poor people. or at least provide you with the proper forms and explain how the process goes.
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Punnyz
10/09/19 7:50:11 AM
#75:


I haven't gone to a lawyer yet, obviously

but my older brother finds it super fishy theres no actual court date or anything

its just "Show up within two weeks"

is that normal?

he thinks this whole thing is one giant false thing

before I officially do anything, I think I'm going to court today, show them the paper and ask if its real first
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redrocket
10/09/19 8:10:14 AM
#76:


Punnyz posted...
I haven't gone to a lawyer yet, obviously

but my older brother finds it super fishy theres no actual court date or anything

its just "Show up within two weeks"

is that normal?

he thinks this whole thing is one giant false thing

before I officially do anything, I think I'm going to court today, show them the paper and ask if its real first


That is super not normal.


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Corrik7
10/09/19 2:36:05 PM
#77:


Yeah there should be a date and a court room.

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ChaosTonyV4
10/09/19 2:38:47 PM
#78:


lol wtf, does it have a location? Is that location a city office of some kind?

Like I said, they're shady as fuck.

They were probably counting on you making contact with them about this, absolutely do not.

Go to the location and investigate there, if it's fake then keep the letter and ignore them.

If you ever need to contest whatever this is, you have evidence they made up bullshit to trick you, which I'm fairly certain is against that law I shared earlier.
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BlueCrystalTear
10/09/19 2:43:10 PM
#79:


Yeah, go to the courthouse, see if you can talk to someone about this.

ChaosTonyV4 posted...
Go to the location and investigate there, if it's fake then keep the letter and ignore them.

No. Look it up on Google Maps. Do NOT go to the location without a police officer in tow. This sounds like it could be a trap.
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Xiahou Shake
10/09/19 2:45:05 PM
#80:


Yeah that sounds sketchy as all hell, like wtf?

Definitely Google the location to see if it's actually a courthouse and if it's not then stay super far away and try to confirm the letter another way.
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Punnyz
10/09/19 2:54:53 PM
#81:


It does say "Your answer may be filed here:"

and its the actual court house of my town

but yea, no date though

just "within 14 days of you were served this letter"
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Punnyz
10/09/19 2:59:19 PM
#82:


I'm about to go here in a bit actually
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BlueCrystalTear
10/09/19 2:59:43 PM
#83:


Punnyz posted...
just "within 14 days of you were served this letter"

So are they just asking to respond if you'll show up or not? That might be a fuzzy deadline, if all they're asking is for whether they should set the court date.
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Punnyz
10/09/19 3:07:49 PM
#85:


The State of Texas to Punny Defendant In the hereinafter styled and number cause

You have been sued. You may employ an attorney to help you in defending against this lawsuit. but you are not required to employ an attorney. You or your attorney must file an answer with the court. Your answer is due by the end of the 14th day after the day you were served with these papers. If the 14th day is a saturday sunday or legal holiday, your answer is due by the end of the first day following the 14th day that is not a saturday, sunday, or legal holiday. Do not ignore these papers. if you do not file an answer by the due date, a default judgment may be taken against you. For further information, consult part V of the texas rules of civil procedure. which is available online and also at the court listed on this citation

This citation is issued pursuant to a petition filed by the above named plaintiff on September 4th. The plaintiff's attorney's name and address is blah blah blah.

or if the plaintiff's address if they have no attorney is blah blah blah

your answer may be filed with this court, located at the real court thats in my town
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ChaosTonyV4
10/09/19 3:09:24 PM
#86:


If it's the courthouse, it's probably legit.

https://blog.credit.com/2019/07/seven-ways-to-defend-a-debt-collection-lawsuit-62166/

The first four steps are basically exactly what I've been saying. You've got this, dude.
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Punnyz
10/09/19 3:09:37 PM
#87:


theres a few more pages, the petition which is what the people are pursuing and allowed to pursue

and two pages of contact information
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BlueCrystalTear
10/09/19 3:11:04 PM
#88:


Yeah, take this to the courthouse. It sounds kind of fishy. "You have been sued" being the first sentence does not sound like the kind of thing that'd be in a letter like that.

Definitely talk to somebody at the courthouse regarding your options. And definitely show up and try to prove - discreetly - that they never contacted you.
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redrocket
10/09/19 3:25:29 PM
#89:


You have been sued is definitely not standard legalese. Thats like something out of a Nigerian Prince scam.

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Punnyz
10/09/19 3:37:24 PM
#90:


Its actually real

I took it to them and they're like yea, this is happening

she did pretty much say what yall said

I can fight it, I can settle it out of court, or just let it run and let a judge decide
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Punnyz
10/09/19 3:41:03 PM
#91:


My brother is telling me to do it out of court

hes bringing up court costs
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LordoftheMorons
10/09/19 3:44:08 PM
#92:


Not a lawyer, but if youre representing yourself wouldnt you not have any court costs? I cant imagine the judge making you pay theirs...

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Gatarix
10/09/19 3:46:02 PM
#93:


I know mortgages often have fine print like "if we sue you, you have to pay our attorney fees"

I dunno if credit cards do the same thing
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Punnyz
10/09/19 3:48:48 PM
#94:


probably here in a few days I'll hit them up, be like yall sent this letter

I got like 200
thats it
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ChaosTonyV4
10/09/19 3:50:59 PM
#95:


Punnyz posted...
probably here in a few days I'll hit them up, be like yall sent this letter

I got like 200
thats it


...

why are you like this
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Punnyz
10/09/19 3:52:13 PM
#96:


I'm sorry, I don't think i can prove and disprove anything if I try to fight it

and I don't want to owe the court money either
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Snrkiko
10/09/19 3:52:24 PM
#97:


Punnyz posted...
My brother is telling me to do it out of court

hes bringing up court costs

what court costs lol
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Emeraldegg
10/09/19 3:54:45 PM
#98:


I mean, the burden of proof is on them, right? Why not ask them to provide proof first, THEN if they do, be like "well I only have x dollars"?
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Corrik7
10/09/19 3:56:39 PM
#99:


Snrkiko posted...
what court costs lol
He should owe court costs if judged against as far as I know.

You owe court costs to fight a ticket if you lose also.

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Corrik7
10/09/19 3:57:01 PM
#100:


How much do you owe?

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Punnyz
10/09/19 3:57:36 PM
#101:


also apparently they'll have me pay for their attorney fees too
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