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Collections Law/Going back to court for credit card collection suit
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Question
Hi, I've looked around first to try and answer whatever I could before I placed this question. Long story short - Being sued for old credit debt - already went to pretrial and denied the claim - prior to that, filed Motion to Dismiss for SOL expiration (last payment 1/9/02 - served summons 9-5-07 - original summons issued 5/9/06) plus a Notice of Intent to Defend demanding proof of plaintiff's claim - was told I would have a mediation date set in the near future. OK, so maybe not that short, but I think that gets most of the information out there. What I'm wondering - are there any other documents (such as a Debt Validation letter) that I need to file with the court prior to my next court appearance? Thank you in advance.
I would need to know what state you are in to verify certain information before I can give any real advice but it sounds like you are pretty much on top of things. Mediation is a good way to resolve some of the issues but may not get the results you seek. In most cases mediation can help work out payment arrangements but probably wont get the case dismissed unless you can show you are actually outside the SOL. Just in case make sure you take an accurate budget with you to mediation to determine what you can afford to pay. They may agree to a lesser amount but will probably get a judgement unless you can prove the SOL. Negotiate hard if you want concessions.
Good luck.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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