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    #1

    just got sued

    after 10 months, i finally recieved a court summons from a deputy sheriff today...the suit is because i surrendered a harley davidson motorcycle that was financed by a local credit union...

    i owe 7k bucks plus lawyers fees.

    the summons states that the original contract was destroyed by the plantiff and only an attached copy exist.. the summons request that the copy be recognized by the court as a binding document...


    this is a florida case and i have 20 days to respond.. ive put in a call to my lawyer, but no response... i have been holding off filing, because im trying to avoid a chap 13.. all my income is SS and disability..

    any suggestions?
    "it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]
    Tags: None
    #2
    You won't have a problem getting a 7. About the suit, state that you do not recognize this as a true document, as 1) it's been a long time, 2) sure it looks like your signature, but it could be altered, 3) explain that you understand that the motor cycle has been given back and you are seeking bk protection within a short time.

    By all means respond. Do not let it sit. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment

      #3
      thanks hub... its the DMI thats killing my 7... by the time you strip away all my unsecured debt, i look too good..
      "it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]

      Comment

        #4
        damn, i just got a call from my lawyer... he said that the plaintiff doesnt have to produce the original contract... he said that all i can do i deny the validity of the suit to buy some time....doh! the good news, is that he said nothing can be taken from me by the plaintiff... just a judgement, why would a lawfirm come after me, i own nothing of value and they cant garnish my money?
        "it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]

        Comment

          #5
          Respond anyway.

          You do not want the hassle of a judgment landing on you. As it will last for a period of seven years and can be renewed twice, as per my understanding of the situation.

          That means that potentially for the next 21 years in your life you cannot own ANYTHING titled in your own name, lest the judgment-holder attach a lien or replevin action against you.

          You may also be summoned to answer 'Interogatories' and/or 'Request for Admissions' regarding anything you DO own.

          This can add up to a lot of hassle for you, when all you want everything to do is to 'go away and leave me alone.' So respond. If the creditor in question is a mean SOB, he can use the power of the law to harass and make you miserable. That is not right, but it is legal.

          Go talk to your lawyer and respond. Good luck!
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment

            #6
            my lawyer just sent me a sample letter to file as an answer... all it says, is that" i deny everything"...
            i wonder how far that will get me...
            "it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]

            Comment

              #7
              Originally posted by floridian View Post
              damn, i just got a call from my lawyer... he said that the plaintiff doesnt have to produce the original contract... he said that all i can do i deny the validity of the suit to buy some time....doh! the good news, is that he said nothing can be taken from me by the plaintiff... just a judgement, why would a lawfirm come after me, i own nothing of value and they cant garnish my money?
              OK, refresh my old mind. Have you filed? When you do, it will toll this suit. Your bk just may make it go away all together.

              Your lawyer is probably right but I would still contest the accuracy of a copy. It may, or may not be moot, but it will buy time or, why would they even say the 'lost the original' and want you to admit to a copy???? Believe me, we have known some lawyers, and at times they are not always correct, but mostly they are. By all means though, respond to the summons. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment

                #8
                Originally posted by floridian View Post
                my lawyer just sent me a sample letter to file as an answer... all it says, is that" i deny everything"...
                i wonder how far that will get me...
                Well, I hope it was a bit more diplomatic than that. But, that is what I have been saying. Write it out that you do not trust the authenticity of the copies, and insist on the original. Remember they don't have it. Ask the Court to have the Plaintiff produce witnesses, and that sure would stall the action. You really don't want a Judgment. 'Hub
                If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                Comment

                  #9
                  You have to deny each and evey point in whatever they send to you. You cannot do a 'blanket' denial, no matter how redundant it seems. You have to deny it question by question, whether they ask 1 question or 100. As stupid and redundant and idiotic and wasteful as it seems, you have to answer each and every stupid question.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment

                    #10
                    no, thats for real... all it says is that i deny everything, end of letter.. i guess i need to juice it up, like you said..
                    "it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]

                    Comment

                      #11
                      Originally posted by floridian View Post
                      no, thats for real... all it says is that i deny everything, end of letter.. i guess i need to juice it up, like you said..
                      I'm not a lawyer, so I know what I know from experience and much of it here in FL. If that is what he said to do, make him do it, and also show as your counsel at this hearing. 'Hub
                      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                      Comment

                        #12
                        Originally posted by floridian View Post
                        no, thats for real... all it says is that i deny everything, end of letter.. i guess i need to juice it up, like you said..
                        This depends on how the letter to you is written. Since you have an attorney, make him earn his money and write the reply. You and he will need to talk about this.
                        "To go bravely forward is to invite a miracle."

                        "Worry is the darkroom where negatives are formed."

                        Comment

                          #13
                          can someone tell me why the plaintiff does not have to produce the original contract as exhibit A? i always thought that you had to retain the original for court hearings..
                          "it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]

                          Comment

                            #14
                            Floridian take a look at this link and look at the stickies and threads in "Is there a Lawyer in the House" it will tell you how to answer that suit:http://debt-consolidation-credit-rep...play.php?f=177
                            Filed CH 7 9/30/2008
                            Discharged Jan 5, 2009! Closed Jan 18, 2009
                            I am not an attorney. None of my advice is legal advice in any way..

                            Comment

                              #15
                              thanks for the info, but ive been all thru that forums search and i cant find an answer, as to how a copy is allowed as exhibit A, when the lawyer admits the original is lost..
                              "it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]

                              Comment

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