Very informative. Thank you very much. Be sued by Capital One for credit card debt. I admit that I owe money, but the amount includes late fees plus interest. I`m on SS with no savings. Debt less than &1000 to my house financed by FHA. Own my 11 year old car. I can`t afford a lawyer. My sister helps me financially. The lawsuit is for $4571.84 plus legal costs of $220.00. Schedule a hearing day on January 28, 2020 in Chilton County, Alabama. My sister offered to pay if I could get a lower severance package. Should she go to court with me? Do you have any idea what they could offer to settle for that? Thank you very much.
Does the number you provide also work for Boston or only for Alabama? I also wish you a Happy New Year. A subpoena differs from a court subpoena in that subpoenas are generally reserved for criminal proceedings. Subpoenas also contain a list of documents or items that must be presented or submitted to the court for evidentiary purposes, such as tangible elements, electronic documents or paper copies. You should not serve an inmate by registered mail. The occupant will not be able to sign for the package and the court may conclude that the service was not valid. “Why would I want to face a legal situation and have a non-lawyer represent me?” If you were in Alabama, I would just go to court and, if possible, take them to court. I would not warn them where they are deficient, but everyone has their own style. 🙂 You may be able to provide court documents or other evidence such as payslips or photos. On the day of your hearing, keep your documents and other evidence in order and have additional copies (3 copies of each document is usually a safe number). Or you can appeal. You have 14 days to appeal to the district court.
Many people do not hire a lawyer for the hearing with the judges, so often neither the plaintiff nor the defendant is represented. If you hire a lawyer, they will send their “entrance to appear”. This will let the court and the other party know that a lawyer will represent you. Depending on the type of case you have, a lawyer may represent you without you attending the hearing. This most often occurs when the lawyer does not intend to present facts or evidence, simply arguing that the other party does not have enough information to meet the burden of proof. So call us at 205-879-2447 and ask Carolyn and she can search for the case. Let`s see what happens to the alleged service so we can help you see if the court believes you were served or not. Then we can talk about the next steps. “Service of the proceeding” ensures that the other party receives a copy of the documents you submit (e.g., a complaint).
If you start a case, your case cannot continue until your complaint has been served on the other party. A person over the age of 18 who is not a party to the dispute may sit. The person responsible for service must physically provide a copy of all required forms to the person against whom you have taken legal action (the defendant). Hi John, I have a hearing date 8/28/18 1:30 PM Calvary SPV for a cc debt I made with Citibank in Florida. They followed the right protocol and I stand pro bono on the podium. Any suggestions beyond what you`ve noted on your blog? Do you know anyone in Florida who won against these debt collectors? Thank you, LA Especially in small claims and district courts, this may be a good choice for you. I found your video very informative, but I will be taken from CACH, LLC to Small Claims Court in Baldwin, AL at the end of January. I never had any contact with them before they were delivered, and I can`t afford a lawyer. I panic a little when I try to represent myself, and I don`t speak well with people I don`t know, and I`m afraid of cracking down in fear of things and ending up with a judgment.
I don`t see anything from CACH, LLC on my credit report and there are a few things in the documents served to me that raise a flag for me, such as inconsistent data. Exhibit B “Contract of Sale” has three different dates and the affidavit has another date. (There is also a typo on the date of the purchase contract, it is dated – January 26, 20616 is this relevant?) I probably think too much about all this, but I hope you have some advice for me. I live in South Carolina and have been receiving mail from LVNV funding since June 2017 because I was sued for a debt. When I was first served, it was only to inform me of the debt. I have never heard of this company. He told me that they only contacted me by mail and that it was the first time I had received mail from this creditor. At first, I panicked and said that if he sent me the information, I would arrange the payments. I have never signed documents because I realize that this is not the company where the debt was first sold. He wanted me to provide him with this information, but I explained to him that he must know when he bought the debt.
In short, I received a letter saying that he would go ahead with the application for prosecution. That was in February 2018. I received a letter today saying that because I did not appear in court, I would be asked to pay the amount owing. But what if I never received a notification? I immediately picked up the phone to call the courtroom and told him what had happened. I am now waiting for a call for the first time in the morning when he has watched what happened. I have all the letters that have been written to me. I also have documents that he sent me when asked, but they only contain a bunch of letters and numbers. What would happen if I was asked to pay but did not receive a notice of hearing? The court has no obligation to call you, nor is there any obligation to make sure you receive it, so you should check your mail every day. Service by posting or publication takes place only if the person who submitted the documents has proved by affidavit that the whereabouts of the other party are unknown. In addition, the person submitting must demonstrate that reasonable efforts were made in good faith to locate the other party.
Once these criteria are met, the court may order service by sending a notice to the last known address of the opposing party and placing the sheriff`s notice on the door of the courthouse or on a bulletin board in the immediate vicinity of the courthouse. The court may also order that the notice be published at least once a week for three weeks in one or more newspapers distributed in the district where the action is pending. My mother just received a notice of small claims lawsuit saying she has to go to court and attach this piece of blue paper that says she is being sued by an acquisition company. She is being sued for a debt when it is said that the last payment date was 2012. She doesn`t think she received a letter of complaint, nor did a police officer or anyone else come to the house to give her paper. What should be the next step she will take? Should she see a lawyer? It`s been so long that she doesn`t even remember if she`s already paid the debt or not. She said this had happened before and she had a payment plan in place, and then the monthly payment mail stopped coming in, so she thought she was done paying. Answer it. If you have been sued in Small Claims Court, you will receive a short form and answers.
It will have four boxes: A, B, C, D. I think Box A says, “They sued me for the wrong district.” Field B says, “I admit everything.” I think Box C is, “I admit that I owe the debt, but I do not accept that I owe the full amount that you are asking for.” Box D is what most people will choose – “I deny I owe anything. Then it gives you some space in which you can type something or write by hand. I think they could tell you over the phone your options for a lawsuit once they know who sued you and for how much. Here`s my suggestion – contact a consumer protection attorney in judgment status as soon as possible to see if you still have options to overturn the judgment. We have overturned judgments older than 13 years – there is no time limit in Alabama IF they have not been served. It is important to know that it is important to be served. Best wishes and you can also send a letter like this directly to the credit reporting agencies (replacing Midland with “DBD”). They therefore deny guilt before trial. Sometimes we see people continuing the credit report.
We see debt collectors, debt buyers, writing you letters saying, “You still owe money.” The Pennsylvania magistrate, also known as district magistrates or small claims court magistrates, handles civil cases valued at less than $12,000, landlord and tenant complaints, and criminal cases. This section deals with civil complaints filed with the judge. This method is often quick and especially useful when the other side is difficult to locate. Ask the court clerk to mail you the summons. If you are representing yourself in a divorce, custody, access, child support, alimony, name change or contempt case, you must provide an additional form to the processing officer. Provide the processing server with the papers to be delivered. Ask the processing server to return the completed affidavit to you as soon as the other page is delivered. Once you have all the required documents, you must return to the court and file the completed affidavit with a copy of the summons attached to the court clerk. For each return of service, you MUST submit the following to the court: If you bought the debt, why not present the entire agreement as evidence? Their answer is that it`s super secret.