Re: I GIVE UP!!!!

Posted by Dignout (63.228.228.1) on August 06, 2003 at 00:35:35:

In Reply to: Re: I GIVE UP!!!! posted by Keyser Soze on August 05, 2003 at 21:30:30:

The whole thing in front of the judge was her 30 second statement "I have nothing to add your honor" then the judge looks at my hubby and starts telling him that this is state court not federal (We had added the Wolman letter and the Spears v Brennan case to the file and had a few FDCPA statutes) We also quoted some Oregon statutes. Submitted 5 CRRR letters requesting Validation also 2 CRRR letters to the attorney asking for validation. We denied the claim and brought it to the judges attention that the amount stated in Asset's affidavit was not consistent with the amount shown on the 1 computer print out (Billing Statement)and that there was no signed contract. Because the only two pieces of evidence they had was Assets affidavit (Nothing from Original Creditor) no signed contract and 1 statement from 3/00 showing the account was 6 months past due and then interest added from 3/00 to 4/03 of over $1,000 we felt we were entitled to an accounting and therefore, there were unresolved issues. The judge told my hubby he needed an atty. Hubby told judge we tried to get one but they wanted money up front we are on min. Social Security and could not come up with the money they wanted. It was hard enough to scrap up the money to answer. The judge said he was going to postpone for two weeks so hubby could get an atty told us to step outside to give assets atty copies of what we gave him. When we went back nothing more was said to hubby, Asset's atty asked when postponement date started and the judge very sharply said NO POSTPONEMENT I HAVE MADE MY DECISION! The whole thing took less than 10 minuets and the attorney had the same impression that we got that the judge was P***ed at her and when we went outside she said we probably wouldn't be hearing from her again that she would be dropping the other two cases.

Don't know if she went back in after we left or if her boss called the judge or what but something happened. I'm not the brightest kid on the block but I know the attorney got the same impression that we got.

Anyway they won with an Affidavit from Asset and 1 billing statement so I must be pretty stupid and am really feeling it today!!! They have two other cases against hubby so I suppose they will rush those through too. All three add up to almost $8,000 when they add in the attorney' fees I imagine they will go for a forced sale of our home cause there's no way we can pay all this money. Don't even have two nickels to rub together!!!

I keep hanging on to the fact that hubby and I have each other and we'll just take each day as it comes.

I really appreciate and thank all of you, means alot to have a friendly place one can come to, just so sad that so many are in my same shoes. Sad indeed, but then things can only get better right! They sure can't get any worse!!!

The document the atty sent was from the court so I expect the court will have one in the mail for me tomorrow.

Again thanks for letting me ramble on guys!

Dignout

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