What options do I have once a collection has gone to court? The attorney representing the credit card company did not provide me with any information to verify that the debt is mine or how it was calculated. They say I've defaulted and am ordered to pay. Can I use a revised version of the debt validation letter to make them put up or shut up? What about attorney's fees? Can they add them to my judgement?
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They would have to prove validation in court
So use it
They can add all fees
Saturday, August 18, 2007
Credit Card, Collection, Court, Judgement, Attorney fees
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3 comments:
In most courts you cannot force them to prove anything beyond what they provided in their complaint. Most judges will do whatever it takes to ensure that there is no effective opposition to the Plaintiff's motion for judgment no matter how good the Defendant's arguments are or what demands he makes.
The only way to win is to catch them in violations and sue them in federal court. That works almost every time. And it is far better if you sue them before they sue you. If you are the Plaintiff in fedeal court and you are in the right and can prove it you will win every time.
That is what I do is teach people how to defend in local courts and how to sue in federal courts where it makes no difference what you owe or don't owe. The courts will listen to none of that. All they care about is whether the law was broken, how it was broken and when it was broken and by whom it was broken and nothing else matters. They will settle with you instead of going to court if at all possible.
You may never actually have to appear in court. It is almost all done by mail and telephone.
Thanks. Comment any time.
I have the same issue. How can I get them to vacate the judgement?
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