After reading and researching a great deal on answering suits, I've decided to take the CatLeg and BB approach with some exceptions. I'm not going to bother filing an answer. This could easily run up $1K in court costs for me within a few short months. It costs money for everything here in Oregon, INCLUDING the daily trial costs. But, first arbitration must be paid for. I might get a trial if I appealed the arbitration. What a bunch of sh*t.
I am sending a proposal to the attorney for a settlement. My proposal is reasonable and I even discuss that it is far better than what they might get in a BK 13. I rolled all the debt back to the original card max by subtracting all the late fees and 30% interest charged for 180 days before chargeoff. Then I divided this by 60 months. We'll see what happens. In the letter I make it clear that I have no money in checking or savings accounts. I even say that with my ChexSystem problems, I can't get a new checking account. I referenced my current guaranteed salary under contract, my now $85K in student loans subject to 15% wage garnishment, and a bunch of other stuff that clearly shows it could take a long time to get $10+K back through 10% garnishment writs that have to be renewed every 90 days. They surely have access to all this info via my cerdit reports, ChexSys, etc.
In addition, I am filing a declaration of exempt wages and assets (I have no freakin assets.) I asked the court clerk if I can have this added to my file with a note to the judge, requesting the judge read my proposal and declarations carefully before considering ordering any type of judgment. The clerk said I was more than welcome to file any declaration or statement. And, it's free. LOL (The only free thing I've found here so far.)
I have also think that due to the current federal court ruling related to bullsh*t affidavits, I might be able to use this as a counter motion against a plaintiff's motion for default judgment. A plaintiff here does not automatically get a default judgment. After a non-response by the defendant, the plaintiff must motion for judgment. I've heard it might be worth my time to to respond to such a motion. I didn't think one could engage in motions if one had not answered the original suit, but this is worth a go and costs almost nothing.
The other interesting thing I heard was that it might be possible to let the motion to judgment go to judgment. Then immediately file a motion to vacate the judgment based on information provided by the plaintiff (the stupid afidavit) under false pretenses. I spent some more time reading through lawsuits that went to default judgment here. I noticed that in almost every case, there had to be something in the file from the plaintiff establishing the debt before the judge ordered a default judgment. Is this typical in some states? Do judges often require some type of documentation of the debt before they will order a default judgment? Hmmm...
I'm just thinking out loud. It seems this opens up a potentially different outlet without engaging in all the costs associated with discovery. If I have not said this before, it COSTS money here. You even have to pay to file a response to a motion! If I qualified for food stamps then I could get a court fee waiver. Huh?
I am sending a proposal to the attorney for a settlement. My proposal is reasonable and I even discuss that it is far better than what they might get in a BK 13. I rolled all the debt back to the original card max by subtracting all the late fees and 30% interest charged for 180 days before chargeoff. Then I divided this by 60 months. We'll see what happens. In the letter I make it clear that I have no money in checking or savings accounts. I even say that with my ChexSystem problems, I can't get a new checking account. I referenced my current guaranteed salary under contract, my now $85K in student loans subject to 15% wage garnishment, and a bunch of other stuff that clearly shows it could take a long time to get $10+K back through 10% garnishment writs that have to be renewed every 90 days. They surely have access to all this info via my cerdit reports, ChexSys, etc.
In addition, I am filing a declaration of exempt wages and assets (I have no freakin assets.) I asked the court clerk if I can have this added to my file with a note to the judge, requesting the judge read my proposal and declarations carefully before considering ordering any type of judgment. The clerk said I was more than welcome to file any declaration or statement. And, it's free. LOL (The only free thing I've found here so far.)
I have also think that due to the current federal court ruling related to bullsh*t affidavits, I might be able to use this as a counter motion against a plaintiff's motion for default judgment. A plaintiff here does not automatically get a default judgment. After a non-response by the defendant, the plaintiff must motion for judgment. I've heard it might be worth my time to to respond to such a motion. I didn't think one could engage in motions if one had not answered the original suit, but this is worth a go and costs almost nothing.
The other interesting thing I heard was that it might be possible to let the motion to judgment go to judgment. Then immediately file a motion to vacate the judgment based on information provided by the plaintiff (the stupid afidavit) under false pretenses. I spent some more time reading through lawsuits that went to default judgment here. I noticed that in almost every case, there had to be something in the file from the plaintiff establishing the debt before the judge ordered a default judgment. Is this typical in some states? Do judges often require some type of documentation of the debt before they will order a default judgment? Hmmm...
I'm just thinking out loud. It seems this opens up a potentially different outlet without engaging in all the costs associated with discovery. If I have not said this before, it COSTS money here. You even have to pay to file a response to a motion! If I qualified for food stamps then I could get a court fee waiver. Huh?