CA has proof it's my debt-should I still go to court???

[Beeheery]

Hi everyone,
I was recently sued by a collection agency and my court date is scheduled for the middle of May. I was going to go to court and argue the debt since the summons showed no proof of anything. However I received in the mail today a copy of their filing with the court and copies of my BOA credit card statements. So....because they have 100% proof it is my debt, is there any point in going to court if they will receive a judgment whether I go or not? I would rather not waste my time and save myself the stress and just let them win a default judgment instead of arguing for nothing. Anyone been in this particular situation before? Any help would be appreciated. Thanks!

[Beeheery]

Oh....and I wanted to add.....this credit card account shows up NOWHERE on any of my credit reports. So for anyone who is wondering whether or not that matters-it unfortunately doesn't.

[etechjc]

I would almost say that a statement shows nothing but the fact that the debt was maintained, It doesn't show by who. I would even go as far as to print your CR out and point out that said debt isn't on it and that w/o signature, information on where the payments of the debt originated from, or any other REAL identifing info how do you know this is actually your debt?

Of course I am FAR from a lawyer, However it just seems like common sense to provide some REAL evidence that it is indeed your debt, Not just evidence that it was maintained. Even online apps have a way of providing a signature.

[Bell30656]

Not showing up for court guarantees a default judgment for the plaintiff. Sure, you MAY lose but then again the paperwork that they have may or may not be enough to prove it.

Can they show that the debt is indeed still within statute of limitations? Have you filed an answer to the summons? Depending on what court you may be a long way from a judgment even if it is yours.

[etechjc]

What I don't get is how do they win if they can't prove that you agreed to it, I realize they do most the times win, However, I don't fully understand why. It should be easy to prove the debt it if they lndeed own it, Even if it was approved online.

Show a signature, Paper trail of payments linking to debtors account, even a previous agreement to settle that fell through, Heck even track down a witness that can show that you used the card. Yet they rarely come up with this kind of proof and still manage to win.

Instead what do they show, A statement showing someone used and payed for the account. They accept payments from anywhere, Anyone, anyhow, Heck If I had a large card I fraudulaently got in someone elses name, I may keep up min payments for a while just for the purpose of possibly getting credit increases and to milk it for all its worth.

I sense there are judges in some pockets.

Sorry for the rant.

[Beeheery]

Thanks so much for responding. Sorry it took me so long to respond. Well, the credit card statement they sent me has my name AND previous address on it-an address that IS on my credit report. I don't know if I read it here or read it on another website, but I believe someone mentioned that they called the Collection Agency/Law Firm that filed suit against them and mentioned that they were judgment proof and/or filing bankruptcy and that they in turn just dropped the suit altogether because it was going to be a fruitless pursuit. So....I am debating whether or not to call them on Monday and say "Yeah, you're suing me. I don't have anything. I am going to be filing BK in X amount of time. Have fun in court." And I know for a fact the debt is within the SOL because its not even 3 years old-in FL I believe its 5-6 years from the date of default. If I call them on Monday, I'll let you guys know what they say in case anyone is in the same situation as me.

[Beeheery]

Oh, and I have no idea what an answer is. It doesn't even mention an "answer" anywhere on the summons. Is that something I need to do whether I go to court or not? It just says it is a pre-trial hearing. Thank you.

[etechjc]

Im sorry, I maintain just because it has your name typed in it, It doesn't mean its your. I could type you name and adress on my reports then would that make my debts yours? I still say show me the original agreement that I signed or authorized, or show chain of evidence. Should be easy for them to show a TRUE paper trail. It sounds as you already filed your answer, if you have a pre-trial, Show up at date and time, argue your case, I believe Worse that can happen is Summary judgement. Best that can happen, They don't show up, You request Dismiss with prejudice and you get a really nice judge that grants it. Also,

Again I am far from an attorney, Just repeating stuff I myself have read on this and other forums. I could and wouldn't be surprised if I am totaly wrong.
However, On another note, I have fought dozens of traffic cases for myself and never lost a single one. And that is W/O ever pleading out.

@Edit
Sorry, Missed the part where you said you were filing BR. If you are truly Collection proof, I would close accounts, Keep my money in cash, Paypal, Walmart gift cards and stop worrying about the judgement.

[kornellred]

The courts have heard all of the excuses. For unsecured debt, there are no excuses acceptable. Heck - there are organizations out there that will argue that no banks have ever loaned any "real" money to any debtor - ever. The Federal Reserve Act allows banks to lend money in the amount of something like 80 percent more than the funds that they actually, physically have on hand. This is called "fiat" money - money that exists because Federal Law allows banks to say it exists. It really doesn't, but that is not supposed to matter. You are contracted to pay the bank in installments for the use of their really non-existent "fiat" money.

This is all anecdotal in nature - don't hire anyone to try and convince creditors that they really never loaned any "real" money to you.

[daytona]

Hi everyone,
I was recently sued by a collection agency and my court date is scheduled for the middle of May. I was going to go to court and argue the debt since the summons showed no proof of anything. However I received in the mail today a copy of their filing with the court and copies of my BOA credit card statements. So....because they have 100% proof it is my debt, is there any point in going to court if they will receive a judgment whether I go or not? I would rather not waste my time and save myself the stress and just let them win a default judgment instead of arguing for nothing. Anyone been in this particular situation before? Any help would be appreciated. Thanks!

It depends on what your end plan is, if you are going to file BK then it really doesn't matter..

If you are trying to avoid BK and want to by some time and significant (settlement leverage) then I would elect Arbitration, and yes you can still do this. Its hugely expensive to collector and no JDB is going to spend the money on it. The OC (BOA) and its assignees (collection agency) are bound to arbitration by the original agreement....that they (BOA) wrote! You must still answer the summons, but use arbitration as a defense. You can read for hours about this approach here; http://www.debt-consolidation-credit...play.php?f=199

The CA is counting on you not going to court as your will get racked up on SJ...an easy win for them for almost no cost. When they win the next step will be going after bank accounts and wage garnishment (depending on your State)