Decided I probably won't file an answer

[treehugger1]

After reviewing the suit against me by Chiti, and spending much time down at the local courthouse reviewing court cases involving contracts (CC's and unsecured debt through ChitiFinancial,) I think I'll let the cards fall where they will. I do have wages to go after, but I'm now also subject to a permanent 15% student loan garnishment. I have zero assets.

I downloaded a blank "declaration of exempt wages and assets from a reliable online source and will file this with the county court under the civil file suit. I'll send a copy of this CMRR to the plaintiff's attorney. I included a notice of this year's contract and the reduction in wages due to state furloughs. I've also written a letter and a proposal to the plaintiff's attorney suggesting a minimum five-year payment plan that gives the plaintiff more than they would probably receive under a BK 13. I included a lot more in the letter, but won't go into that now. I will also file this with my county clerk to be included in the civil file.


It does appear that a defendant attempting to "work out" a compromise with a creditor can keep a local judge from signing off on a default judgment.

After carefully revieing the thousands fo dollars that I would be required to spend on an answer, motions, responses to plaintiff's motions, etc, I thnk my choice is the best choice. If I leived in a state where it costs nothing to file answer, motions, etc, I might reconsider.

Part of the kicker is that not only is the defendant responsible for costs of answers, etc in Oregon, they are also responsible for trial costs of several hundred dollars per day! If this were a JDB, I would approach this in a different manner, but this IS the OC going through an attorney firm, and it does appear they hold my original signed contract from 20+ years ago.

[AngelinaCatHub]

Hey, 'Tree: You know my feelings on this. Stall them. Cause as much problems you can. I thought you had filed eon's ago. What's up? Don't go down in a whimper. Go down in a flame. 'Hub

[treehugger1]

Hub, one more time. I first looked into a BK 13 three years ago. For a variety of reasons, i dod not go down that path. I have many accounts that I have not paid on in two+ years. Will I file? Hard to say. Not for a a year or two at the earliest.

[albacore44]

I think Citi is doing a good job with their record keeping these days. For each DV i have sent to a CA on one of my accounts, the have sent me the last years worth of statements, the last one received friday semed to be in its own special custom envelope made to hold the statements.......makes me wonder.

[jwmc1]

20 years ago? How much do they say you owe them and how much was tghe original debt?

[treehugger1]

I opened the account 20 years ago, and they have the original signed agreement. The amount is less than $11K.

[AngelinaCatHub]

Hub, one more time. I first looked into a BK 13 three years ago. For a variety of reasons, i dod not go down that path. I have many accounts that I have not paid on in two+ years. Will I file? Hard to say. Not for a a year or two at the earliest.

Yes TH, but two years they can cause you a lot of problems with a Judgment. I did not think you had to pay to respond. It is my strong opinion about judgments as I know how dangerous they can be. They can nit pick you to death with a Judgment. I believe if there is a motion, you can answer in writing to the Court. If you got a summons to appear, I would appear. Tell the Judge you don't owe as much as they state and desire to "work it out". The Judge is less likely to give the a default judgment as you did not default, you showed. Then it is for them to prove what you owe. Even if you lose it won't cost what you can't pay anyway.

I told on this forum once about how we got a judgment against my Mother's ex husband who attempted to steal her property after her death. Cost me $4500, but I only filed $1200 as I didn't keep all the receipts. I took a writ of attachment to his car and was the only one at the auction to bid. I got a $6500 car for $1700 and it only satisfied $8 of the judgment. If I were mean, I could do this over and over until the Judgment with interest is satisfied. I figured I got my "pound of flesh" so I dropped it. Drove the car for four years and named the car "Retribution".

You don't want Chiti Bank on your tail. They aren't as kind as I am. LOL 'Hub