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getting sued

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pepper881

New member
What is the name of your state? MA

I am getting sued by a law firm for a debt i originally owed to Lowes that was bought by Cavalry. My court date is Sept 5th 2018. The debt turned 6 years old in June 12.
The amount is 2,100. In March I showed up for our 1st court date and said I wanted proof the account in question was mine and that I owed the amount stated. The case was postponed and a month later I received a bunch of documents of old statements and a letter that said my account was sold to Calvary from Loews. My signature was not present anywhere on any form.
I tried settling with them today over the phone for 700$ because that is all I can afford but they wouldn't even consider it. Any advice going forward on how i can try and pay the least or can I get this thrown or do they have enough proof of debt owed. I hadn't heard from anyone about this loan in YEARS and then boom I get a letter in the mail with a court date (not even certified mail) , assuming because they found out I settled a 18,000$ debt with Midland funding for$ 7,000... but that was all the money I had! Any advice is so appreciated! I am really scared about going to court
 


Zigner

Senior Member, Non-Attorney
Your signature need not be present and you don't even deny that it's your debt. You will lose in court.
 

adjusterjack

Senior Member
I am really scared about going to court
Don't be. The worst that can happen is you lose, they get a judgment, trash your credit and garnish your paycheck. At least then you'll be on a payment plan. Just be careful not to keep any money in banks because they can get every penny up to the judgment amount plus costs.

And, yes, I think they have enough documentation to prove (with a preponderance of the evidence - google it) that it was your account and you defaulted on it and they own it now.
 

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