Going to court and am freaking out
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Posted by GettinHip2it (69.119.239.155) on June 01, 2004 at 06:54:40:
Going to court for order to show cause (for a default judgment) on Friday. Although we have our answers for not appearing in court/meritorious defense (improper service of summons, contradictory/false statements on judgment and affidavit of service, non verification of debt, SOL expired, et al) I'm really getting nervous that they will come up with something we never even considered. They really played dirty in trying to collect on the judgment amount and I'm afraid that they will go twice as dirty in order to prevent the judgment from being vacated. (Especially since if it is vacated and we go to trial, our tons of documentation proving all types of FDCPA violations, re-aging, and willful noncompliance will be in our counterclaim.) There is 1500 dollars more owing on a 2600 debt. Had we known about our rights then, we would have filed the OSC sooner. I think I'm pretty confident that we have strong grounds to get it vacated, but MAN! the butterflies in my stomach are more like bats! Any suggestions? Getty
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