Hello, I was sued by Asset Acceptance for an old debt they bought that is getting close to the SOL. When I received the summons, I filed an answer within 20 days with the court and sent Asset a certified copy. I next received a summons to appear in court today, Sept. 13, at 9:00 am. I showed up, and when the case was called, I came forward, (scared out of my wits!!!), and identified myself. No one representing the plaintiff was there! The judge told me he would not entertain the motion and thanked me. What does that mean? I felt relieved until I returned home and in the mail was a notice from Asset for a "re-notice of hearing" to change the court date to Dec. 13. The notice was signed Sept. 11, only 2 days ago. Can they do that? If it was still on the court docket today, is it too late to for them to reschedule? What do I do now? I want this to be over! Thank you for any advice!
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JDB no-show in court
- Thread Starter LostinKY
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mightymoose
Moderator
You need to check with the court and find out of they completed the request in time. When you left court did you receive any paperwork indicating the matter was dismissed?
Until the SOL actually passes they can refile their claim. Just make sure you keep showing up.
Until the SOL actually passes they can refile their claim. Just make sure you keep showing up.
Betty3
Well-Known Member
Agree, check with the court & find out what is going on - has the date been rescheduled, etc.
army judge
Super Moderator
Generally these creeps seek money, easy money.
You're being sued by a scavenger who claims to have bought a debt that the creditor aged off and/or got a tax write off in lieu of collecting it from you. That presumes, of course, the SOL hasn't tolled and the debt is uncollectible.
That's when these critters get their default judgment they the beat you up about. I've seen these creeps sit silently in court, until some unfortunate mark fails to show. As long as people show, like you, they sit silently. They run in packs, so once one gets a default judgment, it'll leave the premises, leaving others to Sam more innocent suckers.
Sent from my iPad3 using Tapatalk HD
You're being sued by a scavenger who claims to have bought a debt that the creditor aged off and/or got a tax write off in lieu of collecting it from you. That presumes, of course, the SOL hasn't tolled and the debt is uncollectible.
That's when these critters get their default judgment they the beat you up about. I've seen these creeps sit silently in court, until some unfortunate mark fails to show. As long as people show, like you, they sit silently. They run in packs, so once one gets a default judgment, it'll leave the premises, leaving others to Sam more innocent suckers.
Sent from my iPad3 using Tapatalk HD
Hello, I checked with the court clerk who told me they had received the re-motion on the 12th, the day before the court date. They didn't have time to take it off the docket. The judge took no action since the plaintiff didn't show, and the case is rescheduled for Dec. 13. I went straight to an attorney's office and made an appointment to meet with him. The paralegal took my information and told me they had dealt with this particular collector many times. She seemed happy to take them on. I decided I can't handle the stress of this on my own for 3 more months. Thanks all for the advice.....
Betty3
Well-Known Member
Since you have an attorney, work with him. Good luck.
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