Re: Suit

Posted by Keyser Soze (152.163.253.37) on June 19, 2003 at 23:52:18:

In Reply to: Suit posted by Renee' on June 19, 2003 at 22:44:57:

Okay, some questions.
What state are you in? When was last payment made on this account, if in fact this is/was your account? Who served you and by what means? Did a sheriff serve you with court documents, if so did you verify this by calling the court or checking the court clerk's website?
If you were served papers by mail or other means and they are papers not originated by the court but by this CACV, make sure this isn't just some ruse designed to scare you into forking over money to their worthless scam scumpany. I mention this only because similar ploys have been reported on this board.
There are links on this board to statutes of limitations based upon your state. The statute starts to run on the day you default. This is defined as the first payment due that you missed and did not make up, whether or not you made subsequent payments.
This is important because the practiced liars in the collections 'industry' will try to confuse you on that, and if they do they are as experts knowingly speaking fraudulently, worth reporting to the FTC. If they try that in court you might get a judgement against them.
Also, what is the amount owed if this is a court suit? Is this small claims court or a higher level?
Whatever you do, make sure you answer the suit in writing if you are required to do so. Sometimes small claims does not require this, higher courts do. You can answer by claiming "Lack of Knowledge" to each of their charges. This is you way of telling these leeches, "Hey, this is your party, you invited me, so you can provide the food."
You know nothing, you're neither admitting nor denying anything, just saying that you don't know. Let them provide answers. This costs them time and money and they are about getting money, not spending it.
The easiest way for them to do this is for you not to show up in court. They get a default judgement and proceed to harass you mercilessly. But when you show up, again, you are costing them money. If you go to a pre-trial, just keep your ears open, mouth shut and sign - absolutely nothing.
Their game is to con you into proving their case for them. Nice racket, isn't it. But you'll do no such thing. Remember, when the going gets tough, the tough say nothing, do nothing, they silently hold their position. Let these deformed bugs splatter against your windshield of truth.
Ok,enough for now, await reply, will answer either later this eve or tomorrow.
Truthfully,

Keyser Soze

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