Being sued by an OC - unable to reach Plaintiff's lawyer.

[Victoria W]

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

I'm filing an answer to a Civil Summons tomorrow. I am being sued by B of A by a Law Group out of CA (they have a local office). The summons did not include any documents to support the lawsuit. From the reading I've done, it is unusual that there were no documents - but haven't been able to figure out if it's necessary in NM?

I have tried unsuccessfully to reach the lawyer for the Plaintiff. Since B of A still owns the debt, can I still reach out to them to try to settle? I'm assuming that the Law Group is trying to force me to court to make me pay their fees as well as the debt?

I'm a little frustrated as I can't recall seeing any letters or receiving any phone calls related to this account - let alone anything that would tell me of an impending lawsuit.

Thanks for any help or advice that can be provided.

 

[latigo]

What is the name of your state (only U.S. law)? New Mexico I'm filing an answer to a Civil Summons tomorrow. I am being sued by B of A by a Law Group out of CA (they have a local office). The summons did not include any documents to support the lawsuit. From the reading I've done, it is unusual that there were no documents - but haven't been able to figure out if it's necessary in NM?

I have tried unsuccessfully to reach the lawyer for the Plaintiff. Since B of A still owns the debt, can I still reach out to them to try to settle? I'm assuming that the Law Group is trying to force me to court to make me pay their fees as well as the debt?

I'm a little frustrated as I can't recall seeing any letters or receiving any phone calls related to this account - let alone anything that would tell me of an impending lawsuit.

Thanks for any help or advice that can be provided.

(And brother do you need it.)

The summons for service itself does not require answering or any written response. It is the complaint, the pleading, petition or written claim of a cause of action that accompanies the summons that requires an answer or written response.

Also, the plaintiff is not required to attach to its pleading any "documents" or disclose evidence that may support its claim. All that is needed at his stage of the proceedings is that the complaint state in clear language a set of factual circumstances which if proven would entitle the plaintiff to the relief sought. As the say more or less a letter to the court.

As far as the need that you be alerted or forewarned of an impending lawsuit there are some instances where the claimant or plaintiff must precede the filing with a written demand before it is entitled to recover attorney fees. But those instances are not common and would depend on the nature of the claim and state law. And not necessary where the awarding such fees is supported by contract.

If you should end up on the wrong end of a judgment that includes taxing you with the plaintiff's legal fees it will not be because "the Law Group is forcing you to pay their fees as well as the debt". If they had that ability, they wouldn't bother with court!

Just be aware that the more time required of the Law Group in prosecuting the case, the more will be its fees, whether awarded or not.

I mention this because you haven't denied being indebted to the plaintiff in fact the inference is that you admit to it. So don't be parading any paper dragons around the courtroom; it could cost you.

 

[Victoria W]

(And brother do you need it.)

The summons for service itself does not require answering or any written response. It is the complaint, the pleading, petition or written claim of a cause of action that accompanies the summons that requires an answer or written response.

Also, the plaintiff is not required to attach to its pleading any "documents" or disclose evidence that may support its claim. All that is needed at his stage of the proceedings is that the complaint state in clear language a set of factual circumstances which if proven would entitle the plaintiff to the relief sought. As the say more or less a letter to the court.

As far as the need that you be alerted or forewarned of an impending lawsuit there are some instances where the claimant or plaintiff must precede the filing with a written demand before it is entitled to recover attorney fees. But those instances are not common and would depend on the nature of the claim and state law. And not necessary where the awarding such fees is supported by contract.

If you should end up on the wrong end of a judgment that includes taxing you with the plaintiff's legal fees it will not be because "the Law Group is forcing you to pay their fees as well as the debt". If they had that ability, they wouldn't bother with court!

Just be aware that the more time required of the Law Group in prosecuting the case, the more will be its fees, whether awarded or not.

I mention this because you haven't denied being indebted to the plaintiff in fact the inference is that you admit to it. So don't be parading any paper dragons around the courtroom; it could cost you.

Thank you for your response. I have no intention of parading anything, anywhere. My intent, at this point, is to settle - ideally without having to pay legal fees to the Plaintiff. I'm very aware that the longer this takes, the more costly it'll be for me.

I guess my poorly worded question should have been - why is the Plaintiff's lawyer not returning my calls? Presumably I wouldn't be calling unless I wanted to settle, so their lack of response confuses me and I realize I'm missing something key. And is it simply that they *want* to go to court in order to settle?

 

[latigo]

Thank you for your response. I have no intention of parading anything, anywhere. My intent, at this point, is to settle - ideally without having to pay legal fees to the Plaintiff. I'm very aware that the longer this takes, the more costly it'll be for me.

I guess my poorly worded question should have been - why is the Plaintiff's lawyer not returning my calls? Presumably I wouldn't be calling unless I wanted to settle, so their lack of response confuses me and I realize I'm missing something key. And is it simply that they *want* to go to court in order to settle?

The "keys" you are missing is that the plaintiff is calling the shots and not you. That you are in no position to demand or expect that anyone communicate with you.

That this debt you admit to be due and owing didn't pop up over night and that it is your failure to heed and pay proper attention to it that is the very reason for this lawsuit.

You've sat on your hands for some length of time hoping that it would to away; made no attempt to reach out to the creditor; and now that it hasn't gone away and isn't going to go away you suddenly demand that every one sit up and pay attention to you! Well they are paying attention to you - in their own progressive way.

 

[Victoria W]

The "keys" you are missing is that the plaintiff is calling the shots and not you. That you are in no position to demand or expect that anyone communicate with you.

That this debt you admit to be due and owing didn't pop up over night and that it is your failure to heed and pay proper attention to it that is the very reason for this lawsuit.

You've sat on your hands for some length of time hoping that it would to away; made no attempt to reach out to the creditor; and now that it hasn't gone away and isn't going to go away you suddenly demand that every one sit up and pay attention to you! Well they are paying attention to you - in their own progressive way.

latigo - You have no idea the circumstances that led me to this place - but they involve a lay-off and leukemia. I just came here seeking advice. You sure were under no obligation to be kind, but that would have been appreciated.

 

[Just Blue]

latigo - You have no idea the circumstances that led me to this place - but they involve a lay-off and leukemia. I just came here seeking advice. You sure were under no obligation to be kind, but that would have been appreciated.

Sadly what is legal is not always kind. Don't get angry at latigo for stating the truth.

I do hope you are doing better. Blessings to you...

 

[quincy]

Thank you for your response. I have no intention of parading anything, anywhere. My intent, at this point, is to settle - ideally without having to pay legal fees to the Plaintiff. I'm very aware that the longer this takes, the more costly it'll be for me.

I guess my poorly worded question should have been - why is the Plaintiff's lawyer not returning my calls? Presumably I wouldn't be calling unless I wanted to settle, so their lack of response confuses me and I realize I'm missing something key. And is it simply that they *want* to go to court in order to settle?

The debt is in fact your debt?

How old is the debt?

When did you last make a payment?

At this point, with the suit already filed, it is probably in the plaintiff's best interest to get a judgment rather than trying to settle with you pretrial. With judgment in hand, the plaintiff has more options available to collect on the debt than just promises to pay. There can be a garnishment of your wages and an attachment of assets until the judgment is satisfied.