How should i go about representing myself in a collections lawsuit ?: Last year i lost one of my jobs due to Tops getting rid of in store shoppers. I have been struggling with my credit cards bills due to this. As of yesterday i received a summons for a collection lawsuit. I understand that i need to verify it with the court but other then that i am at lost on what to do. I can’t an attorney right now and would like to handle this myself but unsure what the steps should be. A lot of what i seen online is to deny or respond with lack of knowledge to the debt. I do know it is mine. I don’t see how responding this way would get me anywhere. On the paper it does state that i do not need to reply in person but i have 30 days to reply since i was given this summons by a family member. I would also like to add that i cant pay debt off any other way other then to pay it off little by little but i can only afford $80 monthly.
John’s answer:
Here are a few reasons you may want to still talk to a lawyer in NY.
First, is this the original creditor suing you or a debt collector? In most states it is much harder for a debt collector ("debt buyer") to sue and be successful than an original creditor.
Second, there is a big difference in owing the debt to the original creditor and a debt buyer OWNING the debt. Maybe the debt buyer does or maybe it doesn't. That's their burden to prove in most states.
Third, a consumer lawyer in NY may discover violations of the FDCPA (Fair Debt Collection Practices Act) that could help you in settling the case or even suing the debt collector.
Fourth, the consumer lawyer in NY may be able to help even though you don't have a lot to pay each month. Doesn't hurt to ask!
Finally, you just want to know your rights and options. Its like going to the doctor -- doesn't mean you are going to take the medicine or get the surgery -- but you do want to know your options.
Best wishes!
John Watts
PS -- Here is a link to help you find a consumer lawyer https://www.consumeradvocates.org/find-an-attorney in your state and also here is a video going over how to use the website https://youtu.be/UNXO7qheGAc.
How do I get a continuance if I still do not have a lawyer after contacting the bar associates? They said for me to ask : How can I gurantee myself a continuance in court for eviction?
John’s answer:
So right now you are unrepresented or what is known as "pro se" -- it just means you have no lawyer.
You can make a motion to get a continuance. A motion is simply asking the court to do something. So you file a motion to continue -- this is requesting the judge give you more time. Best to file this in writing with the clerk of the court AND send a copy to the other side.
You can ask for this in person at the hearing/trial date but less likely to be granted.
Ultimately, it is up to the judge so put clear reasons why you need this continuance. If for example, it is to have time to get a lawyer, explain that and what efforts you have made to find a lawyer.
Hope that helps and best wishes...
John Watts
During a loan modification, does the foreclosure sale date still appear in newspaper publications ?: Received foreclosure sale date from lender with newspaper publication dates. Filed for loan modification days before 1st newspaper foreclosure listing.
John’s answer:
The answer is No. Its great to request the loan modification, and depending on a number of factors, this may stop the foreclosure. But if the foreclosure is moving forward then the ads will continue.
Do keep in mind you have options other than bankruptcy to stop a foreclosure. Your mortgage almost certainly gives you the right to bring a court action (paragraph 22 is normally where this is in your mortgage) so that a judge will decide if the foreclosure is proper.
Document everything in your loan mod quest.
Best wishes!
John
PS Here are a few articles you might find helpful.
https://www.alabamaconsumer.com/2018/05/mortgag...
https://www.alabamaconsumer.com/2018/05/if-im-f...
https://www.alabamaconsumer.com/2014/05/4-steps...
https://www.alabamaconsumer.com/2017/12/how-to-...