Re: What can I do about this?

Posted by LadynRed (68.32.101.73) on July 08, 2003 at 08:37:09:

In Reply to: What can I do about this? posted by What next? on July 08, 2003 at 05:26:00:

What state are you in ?

In most states, you have up to a year to appeal the judgment, but in CA and a few other states, you only have 6 months to appeal.

Appeal is what you need to do, ASAP.

From what you've posted here, your Answer to their Complaint was either not in the correct format, or you didn't use the correct affirmative defenses to prevent the judge from granting a summary judgment. Bringing up FDCPA violations is NOT appropriate in an Answer to a Complaint, neither is requesting an extension. I really think your Answer was insufficient in disputing the allegations in their Complaint simply, "no disputed material issues of fact".

Now you need to file an appeal. I suggest you call the court clerk and find out if there is a form available to do so, and if not, the clerk should be able to tell you what is needed.

Be clear - using FDCPA violations as your defense against this lawsuit will NOT work. You have to separate that from the REAL issue as far as the plaintiff is concerned - do you owe the debt ???

You can always file a cross-complaint for FDCPA violations later. You must address the issue of the debt owed head on first and on its own.

If you need a source for how to properly Answer a lawsuit for debt collection, go to WhyChat's site, there is a link there for exactly that.

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