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  #1  
Old 08-27-2005, 07:53 PM
Junior Member
 
Join Date: Aug 2005
Posts: 5

Court date and I am new to this


What is the name of your state? What is the name of your state?
florida
[font=Book Antiqua]

I recently received an order to appear in court for a charg off with Gordons Jewelers- Citi Bank card. I was married when the debt incurred and have since divorced...the card was in my name, as were all our cards and such.
When we split up I was left with all the bills because my x moved out of state...we were seperated for 3 years before our divorce had taken place and I was tryin got pay the bill... I got behind and this account went delenquint in 2002, (last payment) it now states that I owe 895.00 + interest @ 150.00.....
Could someone please tell me what happens and what I am to expect when I go to this court date....????
Please
  #2  
Old 08-27-2005, 07:56 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by bgredtrk
What is the name of your state? What is the name of your state?
florida
[font=Book Antiqua]

I recently received an order to appear in court for a charg off with Gordons Jewelers- Citi Bank card. I was married when the debt incurred and have since divorced...the card was in my name, as were all our cards and such.
When we split up I was left with all the bills because my x moved out of state...we were seperated for 3 years before our divorce had taken place and I was tryin got pay the bill... I got behind and this account went delenquint in 2002, (last payment) it now states that I owe 895.00 + interest @ 150.00.....
Could someone please tell me what happens and what I am to expect when I go to this court date....????
Please

My response:

Simple. Expect to lose.

IAAL
  #3  
Old 08-27-2005, 08:00 PM
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Join Date: Aug 2005
Posts: 5
I am not STUPID.....I dont expect to win, I just wanted to know what takes place in these situations.
  #4  
Old 08-27-2005, 08:06 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by bgredtrk
I am not STUPID.....I dont expect to win, I just wanted to know what takes place in these situations.

My response:

Well, apparently you are!!

You're a deadbeat. So, expect to lose. There are a lot of things that can happen, and I'm not about to list everything - - both before and after your court case (which should last about 5 minutes).

IAAL
  #5  
Old 08-27-2005, 09:34 PM
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Join Date: Aug 2005
Posts: 5
Sorry, I am not a dead beat! If I would have wanted sarcasm I would have listed the fact that I wanted stupid information....
I honestly thought my x was paying for this card because he took it with him...hence my reason for not paying it!
I was hoping to post here and receive some adult replies...hmmm havent gotten any of those though!
If you dont want to list anything that is your porogative, you should not give out unwanted advice if you are going to be a S.A
  #6  
Old 08-27-2005, 09:38 PM
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Join Date: Aug 2005
Posts: 5
IAAL....

your disclaimer reads this:

By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only...

yadda yadda yadda....may I state that your opinion was rude and where might you see it fit EDUCATIONAL????
  #7  
Old 08-29-2005, 12:53 AM
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Join Date: Aug 2005
Location: NJ
Posts: 9
Now on the most part..i am from NJ but...MOST states require that in court the attorneys provide the courts with a copy of the original SIGNED contract...make sure they have that. VERY important..things like not having a signed contract can get a judgment dismissed...
but thats neither here nor there...my best advice is to speak with an attorney
  #8  
Old 08-29-2005, 02:47 AM
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Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,190
Quote:
Originally Posted by cha0sman
Now on the most part..i am from NJ but...MOST states require that in court the attorneys provide the courts with a copy of the original SIGNED contract...make sure they have that. VERY important..things like not having a signed contract can get a judgment dismissed...
but thats neither here nor there...my best advice is to speak with an attorney
He has been speaking to an attorney, right here on this thread.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #9  
Old 09-10-2005, 11:50 AM
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Join Date: Aug 2005
Posts: 5

ugh...


undefined
I am for the most part understanding that this is my debt to pay, which I do entend on doing. I am really just wanting to know what will take place when I go to this meeting if you will, I am in no way saying that I dont owe anything!
  #10  
Old 09-10-2005, 01:35 PM
Senior Member
 
Join Date: Jan 2005
Posts: 2,336
The judge is going to ask you if you owe the money. When you say "yes" then he will say judgment granted.

The judge is not interested in the reasons you did not pay. His/her only job is to determine if the creditor is entitely to a judgment. So, if there was a debt and you broke the agreement to pay timely, then the creditor is legally entitled to a judgment.

By the way, chaosman is wrong about a signed copy of the agreement. Most judges could care less. You have the right to conduct discovery -- a protracted legal process that must be done in the correct manner. Unless you are willing to educate yourself in legal procedures, you won't be successful. You can't just walk in and demand to see things. The system does not work that way.

After the judgment is granted, you can expect more bad things. You live in Florida and I assume you are the head of your household. If so, your wages cannot be garnished. But they can wipe out our bank account and attach you home and car, etc. A judgment lasts a very long time.
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