30 Days to respond..........?

[DebraA]

I live in Georgia and have just been served court papers requiring a response within 30 days concerning a delinquent debt. I have one or two questions. #1 I'd like to try and negotiate with the attorney's office that filed the papers but the representative that called me at work is sarcastic and verbally abusive and hung up on me when I asked her to call me at home offering her my home telephone number....so, can I call the attorney's office and attempt to negotiate with someone else even though they have filed? #2 The debt is 2,600.00 + 365.00 legal fees + ??? court costs, will they be likely to negotiate a lesser payoff? And finally #3 If I do just decide to respond to the court papers what is the procedure?

Thank you in advance for your advice!

 

[I AM ALWAYS LIABLE]

My response:

#1) Yes.

#2) Yes.

#3) You've got to be kidding. Shall we put you through law school ?

It would be a wise decision to obtain the assistance of defense counsel.

IAAL

 

[DebraA]

Thank you for your advice (however glib) If I could have afforded the services of an attorney I would have been able to pay the debt off in the first place. As far as your answer to my third question....ah sarcasm at it's finest! <BR>I meant that surely there is a proper procedure that allows the common folk to respond to court papers without requiring A. an attorney or B. the equivalent of six years in law school. If I draw up a response, do I just send it to both the court and copy the filer? Do I have it notorized? Do I send it registered mail? Is there a specific format for the response other than referencing the case number? Sheesh!<BR>On second thought I think I'll just deal directly with the filer and bypass the legal system and/or it's attorneys. I think I'd rather suffer the indignities of their sarcasm as opposed to paying someone for the very same sarcasm. Law school? Oh please! Not on an empty stomach.

 

[I AM ALWAYS LIABLE]

Thank you for your advice (however glib) If I could have afforded the services of an attorney I would have been able to pay the debt off in the first place. As far as your answer to my third question....ah sarcasm at it's finest! <BR>I meant that surely there is a proper procedure that allows the common folk to respond to court papers without requiring A. an attorney or B. the equivalent of six years in law school. If I draw up a response, do I just send it to both the court and copy the filer? Do I have it notorized? Do I send it registered mail? Is there a specific format for the response other than referencing the case number? Sheesh!<BR>On second thought I think I'll just deal directly with the filer and bypass the legal system and/or it's attorneys. I think I'd rather suffer the indignities of their sarcasm as opposed to paying someone for the very same sarcasm. Law school? Oh please! Not on an empty stomach.

My response:

I'm sorry that you feel I was being "glib" or "sarcastic". Well, perhaps I was - - just a little.

Your question was so overbroad (easier asked than answered) that it would have required, at the very least, a course in Civil Procedure, and a study of Case Law for the State of Georgia.

You see, perhaps you don't realize it, but there are numerous laws concerning Civil Procedure, the controlling Civil Statutes, Court Rules, and many other factors that must be taken into consideration when drafting a Response to a Complaint - - and, they are all intertwined with each other. It's not a matter of penning an answer, and then dropping it into the mail.

You sound like a very intelligent person; so, surely you can see that your question #3 was, in effect, asking for a lengthy legal course; i.e., there are no step-by-step, by-the-numbers response I could have given you.

So, if you feel that my original answer was causing you "indignities", then so be it. When someone asks such an open-ended, over broad, and vague question, then you need to be informed that, but for your ignorance of the law, you would never have asked such a question.

That's why I suggested that you have a consultation with an attorney. It's not my fault that you can't, or won't, afford an attorney. But that doesn't obviate the fact that you still need to see one.

If coming back with sarcasm makes you feel good, that's okay - - I don't mind at all. However, please remember, I'm not the one in big time trouble or being sued - - you are.

Good luck to you,

IAAL

[Edited by I AM ALWAYS LIABLE on 01-30-2001 at 10:46 AM]

 

[DebraA]

IAAL,
There beats a heart in there somewhere, I'm almost sure of it! Perhaps there's even a tiny smidgeon of humility left from your pre-Attorney At Law days? *grin* Thanks again for the advice and in hind site it's probably not ever a good idea to combat sarcasm with sarcasm.
<BR>
I contacted the filer today and negotiated what amounted to a reduction of $700.00 in total to satisfy the debt including attorney's fees, etc. In addition I was able to finally speak to someone from the firm who was strictly professional and non-abusive.
<BR>
<BR>
Regards,
DebraA