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  1. #1
    PleiadianDragon is offline Junior Member
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    Question Missed my 2nd court date. NOW WHAT?

    I live in Rhode Island, and missed both court dates for a small claims suit by Domestic Bank. The first date I missed because I didn't know I had it, until it was too late. I was using my sister's address as my mailing address. The second date was today, but because I am caregiver for my 88 year old father, there was no way I could have gotten to the courthouse. There is no one else to sit with him. He is pretty much a 24/7 job and it is rare to be able to go anywhere without taking him. I don't have a vehicle, so I would have had to use public transportation. Since I missed the first court date the judgment therefore, was against me. I did receive the second notice of the pending date in time, and it was only way to "object to wage attachment” I contacted the Bank's attorneys but they only wanted me to fill out a paper, telling about my various expenses. I feel that it is NONE of anyone's business, since I barely get by with my $750/mo disability check. I also tried calling the court clerk to find an alternative way to my objecting to the wage attachment. According to the court papers the ONLY way to ask not to have a wage attachment was to be in court TODAY. So, now what can I do to resolve this dilemma? The reason the Bank is suing me is because they allowed an overdraft of an amount too high for me to pay it back all at once, which they would have done, if I hadn't closed my account. I never authorized an overdraft of any kind with my account, in the first place. NOW WHAT?What is the name of your state (only U.S. law)?
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by PleiadianDragon View Post
    I live in Rhode Island, and missed both court dates for a small claims suit by Domestic Bank. The first date I missed because I didn't know I had it, until it was too late. I was using my sister's address as my mailing address. The second date was today, but because I am caregiver for my 88 year old father, there was no way I could have gotten to the courthouse. There is no one else to sit with him. He is pretty much a 24/7 job and it is rare to be able to go anywhere without taking him. I don't have a vehicle, so I would have had to use public transportation. Since I missed the first court date the judgment therefore, was against me. I did receive the second notice of the pending date in time, and it was only way to "object to wage attachment” I contacted the Bank's attorneys but they only wanted me to fill out a paper, telling about my various expenses. I feel that it is NONE of anyone's business, since I barely get by with my $750/mo disability check. I also tried calling the court clerk to find an alternative way to my objecting to the wage attachment. According to the court papers the ONLY way to ask not to have a wage attachment was to be in court TODAY. So, now what can I do to resolve this dilemma? The reason the Bank is suing me is because they allowed an overdraft of an amount too high for me to pay it back all at once, which they would have done, if I hadn't closed my account. I never authorized an overdraft of any kind with my account, in the first place. NOW WHAT?What is the name of your state (only U.S. law)?
    Now what??? Well, now you pay. That is that. Oh, and you can be compelled to give the judgement creditor your information if the judge orders it so.
  3. #3
    PleiadianDragon is offline Junior Member
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    Angry Thanks but, 'AIN'T GONNA HAPPEN,..,.,.,.

    If these multi-billion dollar banking corporations can be "bailed out" with public money, then they can "bail out" the little guy. I am disabled for a reason. I have an "illness of the brain" which causes me to react beyond my ability to always maintain a stable and rational response to such events; such as a Bank being able to debit whatever amount they see fit, in order to satisfy a debt. I'm sorry to say this, but I am NOT about to give up any money which I need for survival. I am responsible now for my father’s well being. If I had intentionally defrauded the Bank it would be a different matter. My intentions were not to make a fraudulent debt and leave the matter in the hands of the courts. That would be more insane than any symptom of my illness.
    I thank you for your "advice." However, I'm at the point where my belief in the moral and ethical disparities of this matter, conclude me to stand firm and let this play out while I defend my Sovereign right as a U.S. Citizen who has been preyed upon by the banking industry’s manipulative and unfair practices that have since been deemed inappropriate by congress. To my knowledge, Banks can no longer debit an overdraft to your account unless agreed upon in the contract with your Bank.
    So, as far as I am concerned,,,,,, OH WELL.
  4. #4
    Antigone* is offline Senior Member
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    Quote Originally Posted by PleiadianDragon View Post
    If these multi-billion dollar banking corporations can be "bailed out" with public money, then they can "bail out" the little guy. I am disabled for a reason. I have an "illness of the brain" which causes me to react beyond my ability to always maintain a stable and rational response to such events; such as a Bank being able to debit whatever amount they see fit, in order to satisfy a debt. I'm sorry to say this, but I am NOT about to give up any money which I need for survival. I am responsible now for my father’s well being. If I had intentionally defrauded the Bank it would be a different matter. My intentions were not to make a fraudulent debt and leave the matter in the hands of the courts. That would be more insane than any symptom of my illness.
    I thank you for your "advice." However, I'm at the point where my belief in the moral and ethical disparities of this matter, conclude me to stand firm and let this play out while I defend my Sovereign right as a U.S. Citizen who has been preyed upon by the banking industry’s manipulative and unfair practices that have since been deemed inappropriate by congress. To my knowledge, Banks can no longer debit an overdraft to your account unless agreed upon in the contract with your Bank.
    So, as far as I am concerned,,,,,, OH WELL.
    I guess you haven't been reading the news lately

    Bank of America PAID BACK 45 Billion plus interest
    Wells Fargo is PAYING BACK 20 Billion plus interest
    Citibank is PAYING BACK 25 Billion plus interest

    Take a lesson from the multi-billion dollar corporations and pay back your debt...plus interest

    You whip out the card here/there/everywhere and the banking industry preyed upon you... oh puhlease...cry me a river
  5. #5
    racer72 is offline Senior Member
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    If these multi-billion dollar banking corporations can be "bailed out" with public money, then they can "bail out" the little guy.
    You can. It's called bankruptcy. Everyone from the big corporations down to the littlest of the little guy an do it.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  6. #6
    PleiadianDragon is offline Junior Member
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    Exclamation :rolleyes: Don't worry NO PRIVATE MASSAGES your answer was fair

    As far as bankruptcy is concerned,,, I don't owe ENOUGH to file for that. Yes, I know SOME of the Banks are paying the money back,,,,,,, but if they HADN'T got the billions in the first place,,,, they would have gone belly up and they would have gone the bankruptcy route. I did NOT use my card here and there without thinking I had the funds, but when it comes down to it, I should not have been let to OVERDRAFT a couple hundred dollars, when I didn't even have a savings account to draw from. The CEO's of those companies, even though they lost some of their "bonuses" still did quite well, ALL THINGS CONSIDERED. So,,, now I don't even have a bank account, needless to say. I use the Direct Express Debit card (mastercard) from Comerica Bank, which is exclusively for Social Security benifits. After my bills are paid and I buy a few items at the store, I am usually broke before the end of the second week of the month, and sometimes by the end of the first. So, you tell me how I can pay back money to a Bank that more than likely wote it off as a tax deduction for being a loss. I would go without before the Bank would suffer.
    I am NOT looking for any SYMPATHY, and I won't get it,,, but I believe whole heartedly in; WISDOM, HOPE, EMPATHY, COMPASSION, FORGIVENESS, TRUTH, PEACE, LOVE, AND EQUALITY OF INDIVIDUAL SOVEREIGNTY
    So thank you for your time and comment, Yes, you answered to the best of your legal wisdom. As for your comments to attack my personal behavior,,,, that is okay too. We all have our opinions,,, I just disagree with the Capitalists view of how a "Democratic" system runs. Not by the Money, but by the rights of every citizen to share in government affairs.
    Thanks,,,,,, from a poor man in $$ but a rich man in Spirit.

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