Advice for dealing with small court claim against me for court

[consumerinneed]

What is the name of your state (only U.S. law)? illinois

Backstory: Sued by junk debt buyor for an old credit card balance. Had a court date in December in small claims court. Prior to my court date I sent a validation letter and cease and desist order to the collection agency and a copy to the law firm suing me via certified mail.


At my court date I was pulled outside by the lawyer and asked to settle or admit to the amount. I declined and told him that I had sent a validation letter and was requesting validation of the amount owed and of the account in question. He pushed my case for a later date (coming up next week) for the request of documents and notified the judge that I showed up and the case was being pushed.



In the time since which has been 6 weeks I have not received anything from the law firm or the collection agency.


I have my 2nd court date next week. From what I've read up on this debt buyer they usually have no documentation and cannot proceed if you fight it and usually dismiss.


MY PROBLEM: I have to be out of town for work the day of my 2nd court date next week and will not be able to make it. I called the clerks office and they said only the plaintiff can request a delay and get a later date. I havent called the law firm to request this yet.


What do i do? Do I get an attorney to show up for me and fight for me? Or do I call the plaintiffs firm explaining that I cannot make the court date due to being out of town for work and request another trial date? Or do I call the collection agency to work out a settlement on my own before my court date?

 

[Zigner]

What is the name of your state (only U.S. law)? illinois

Backstory: Sued by junk debt buyor for an old credit card balance. Had a court date in December in small claims court. Prior to my court date I sent a validation letter and cease and desist order to the collection agency and a copy to the law firm suing me via certified mail.


At my court date I was pulled outside by the lawyer and asked to settle or admit to the amount. I declined and told him that I had sent a validation letter and was requesting validation of the amount owed and of the account in question. He pushed my case for a later date (coming up next week) for the request of documents and notified the judge that I showed up and the case was being pushed.



In the time since which has been 6 weeks I have not received anything from the law firm or the collection agency.


I have my 2nd court date next week. From what I've read up on this debt buyer they usually have no documentation and cannot proceed if you fight it and usually dismiss.


MY PROBLEM: I have to be out of town for work the day of my 2nd court date next week and will not be able to make it. I called the clerks office and they said only the plaintiff can request a delay and get a later date. I havent called the law firm to request this yet.


What do i do? Do I get an attorney to show up for me and fight for me? Or do I call the plaintiffs firm explaining that I cannot make the court date due to being out of town for work and request another trial date? Or do I call the collection agency to work out a settlement on my own before my court date?

Your PROBLEM is that you ASSumed that your "validation request and C&D" would somehow affect this case.
You have been sued as a response to your request. As such, it's a whole different ballgame.

As for the attorney - it's up to you as to whether or not you think it's worth it. Based on what you've posted, you likely don't have a very strong case at all.

 

[cosine]

The C&D won't affect it. The validation request can. But making it affect it isn't something you can very easily do without an attorney. BTDT (and did have an attorney, and did end up making the CA pay).

Both parties CAN request delays. A good reason is required (such as time to obtain something the other party asks for ... that implies both parties agree to the delay to get it). Being out of town for work is NOT a good reason, though. YOU can change your schedule more easily than the court can.

So hire the attorney.

Trying to settle with a CA is rather unlikely now that they have put up new costs to try to obtain a judgment. If they do, expect all these current legal costs to be tossed in with no discount on them. Expect them to ask you to agree to a stipulation of judgment (which is the civil court equivalent to pleading guilty).

 

[consumerinneed]

id just like to know what to say to the plaintiffs attorney to get them to push the date for a continuation to get my ducks in a row. I cannot alter my schedule to make the court date next friday. Its an appointment that is out of state that has been set up for months now and my boss will be attending with me. I cant be like "hey boss im being sued for an old credit card bill and cant make the trip"

 

[TigerD]

id just like to know what to say to the plaintiffs attorney to get them to push the date for a continuation to get my ducks in a row.

Read him your check numbers and pay your bill.

DC

 

[Zigner]

id just like to know what to say to the plaintiffs attorney to get them to push the date for a continuation to get my ducks in a row. I cannot alter my schedule to make the court date next friday. Its an appointment that is out of state that has been set up for months now and my boss will be attending with me. I cant be like "hey boss im being sued for an old credit card bill and cant make the trip"

The opponent has no reason what-so-ever to assist you in obtaining a delay.