top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Some questions about suits from F. Hanna (Cap 1)

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Some questions about suits from F. Hanna (Cap 1)

    Fred Hanna is suing me x 2 for a couple of Capital 1 cards I defaulted on, I got the first summons a couple of months ago and then crafted a beautiful answer & affirmative defenses thanks mostly in part to info from these forums!!

    Two important things: 1) Our state court has a local rule that all civil cases (with some exceptions) are subject to alternative dispute resolution, i.e, arbitration.

    (a) All civil actions, except those identified in Local Rule 26c, shall be referred by the Clerk to arbitration in accordance with this section subject to the right of any party to opt-out as provided hereafter in section 16.2.4. By not opting-out as provided in section 16.2.4, the court will presume that a party has freely and knowingly consented to the arbitration process. No party or attorney will be prejudiced by refusing to consent to arbitration.

    In my answer I used the failure to pursue ADR as an affirmative defense. I had a lawyer look it over and she basically agreed that the case could probably be dismissed over that, but we did not talk in detail about it (mainly because it was a free consult).

    Additionally, I sent a letter with my answer in which I informed Hanna that I was electing arbitration as per the card agreement.

    Sooo.... a month or so later and I received "Request for Admission of Facts," "Request for Production of Documents and Notice to Produce to Defendant," and "Plaintiff's First Interrogatories to Defendant" in the mail. Mailman tried to deliver the same thing via Certified mail but I wasn't home, my husband did not sign for it and they just left me a note to pick it up at the P.O.

    What happens if I just ignore the stuff I just received? Do I actually have to respond to it?

    My intention is to file bankruptcy but I may not have enough money to get it done for a couple more months. I am in the process of filling out initial paperwork now though.

    Thanks for the help!! This site has been a lifesaver...

    #2
    If you ignore Interrogatories, the other side can move for summary judgment against you and win. Its always best to fill them out and send them back, but its also best to see a lawyer about it since they may be duplicative and you might be able to quash them if your attorney moves quickly enough, especially if they are not particularly relevant. In short, answer the questions. You only have to produce documents that are in your possession. If you don’t have the document, you don’t have to produce it.

    PS: If there is a question, you are not sure of the answer to, I believe the appropriate answer is to deny it.

    Comment


      #3
      Which State are you ?

      Comment


        #4
        Fred Hanna with the giant 18 point type letterhead?
        Wow, please stay in touch, I would love to hear how this one plays out.
        filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

        Comment


          #5
          I'm in Georgia, so is Hanna.

          Well, here's the thing: Even if he gets a summary judgement against me, I intend to file BK in the next few months and that of course would be stopped. Second, is the local rule and my election of arbitration enough to put the brakes on a summary judgement? I admit I have very little clue about how this all works beyond the stuff I've learned here!!

          .... and in the meantime I will begrudgingly work on the answer....

          Comment


            #6
            Originally posted by ELS212 View Post
            I'm in Georgia, so is Hanna.

            Well, here's the thing: Even if he gets a summary judgement against me, I intend to file BK in the next few months and that of course would be stopped. Second, is the local rule and my election of arbitration enough to put the brakes on a summary judgement? I admit I have very little clue about how this all works beyond the stuff I've learned here!!

            .... and in the meantime I will begrudgingly work on the answer....
            Well. If you wanted to, you could file interrogatories of your own. Just a thought. I'm not sure, but I think after that a hearing probably gets scheduled. For which you ask for a continuance, maybe, because you need more time to review the evidence.

            No, no... disregard all of that. I have really no clue. I'm just guessing. But those are the kinds of things I would be researching if I were in your shoes.

            Comment


              #7
              I probably will file the interrogatories too. This is just not something I look forward to working on.

              The thing I'm most confused about is how the arbitration issue will affect the lawsuit, KWIM? Any info would be appreciated!

              Comment


                #8
                The question in my mind is, who's the plaintiff? Since you said Capital One, I'd say your chances of defeating a lawsuit are slim. The courts really are designed to sort these things out fairly quickly. Just be realistic about what your best outcome is here.
                filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

                Comment


                  #9
                  catleg, Capital One is the plaintiff. I realize I have little chance of winning this in the end. I am pretty decided on the BK, just biding my time until I am truly prepared... only thing I don't really want is the judgment and garnishment to take place before I get to it.

                  Comment


                    #10
                    Originally posted by ELS212 View Post
                    catleg, Capital One is the plaintiff. I realize I have little chance of winning this in the end. I am pretty decided on the BK, just biding my time until I am truly prepared... only thing I don't really want is the judgment and garnishment to take place before I get to it.
                    I had the same concern during my BK. I was being sued by HSBC and told my lawyer. He told me not to worry because it would take at least four months to get the judgment. So, following my attorney's advice, I never replied to the summons.

                    Okay cool, BUT...it took me a while to pay the attorney and by the time I got my paperwork to him, HSBC had already gotten their judgement. I really should have stayed on top of my lawyer so I am partially to blame.

                    Like you, I was terrified of getting a garnishment at work. I made sure that my attorney called them the day I turned my paperwork in. The law firm suing me even tried to rescind the lawsuit which had already been decided. That made no sense to me.

                    Do you have the case number for your suit? If so, you should be able to go to the website for the court in which it was filed and follow its progress. My bankruptcy was filed in Los Angeles County court and I was able to check it daily for any paperwork that was newly filed. I knew before I got anything in the mail that they had gotten a default judgement and I was waiting to see the paperwork for a garnishment (which would have stopped my heart) but that never did come.

                    It was helpful to be able to monitor the process.

                    Best of luck to you,

                    epiphany
                    California Bankruptcy Central

                    Comment


                      #11
                      duplicate post whoopsie
                      California Bankruptcy Central

                      Comment

                      bottom Ad Widget

                      Collapse
                      Working...
                      X