Whats Next

[Melw]

Hi
I had a judgement but it was vacated because of not being served properly. The attorney then sent in papers for a hearing the proper way.
I sent in an answer and request for motion of discovery. I have received papers showing statements.
I am suppose to go to a hearing. I am unemployed and on social security. Any suggestions to take before appearing in court in September. The amount is $6000 when I stopped paying but now is up to $8000 with charges increasing.

Thank you in Advance

[Lian]

A lot depends upon the facts of your case, so it is difficult to give concrete advice. I will provide some general suggestions that I would look for.

First, and foremost, you need to know whether or not the debt is stil under SOL, and thus legally collectible. Do you know your state SOL period, and its date of running? Usually, it is from the DOFD on the OC account, which is the first date of delinquency in the most recent chain of delinquencies, akin to your DOFD, and defines the first date that they could have raised legal action on the delinquent debt. If outside of SOL, you need to immediately begin to put together an SOL defense in court.

Second, is the action being brought by the original creditor or a debt collector? If by a debt collector, have they previously sent you formal dunning notice?

Third, are you contesting the legitimacy of the debt itself, or will that be a forgone proof in court should it go to a decision on the merits?

If you can provide more information, suggestions specific to your situation will be easier to assess.