iamdsscards
June 14th, 2003, 01:58 AM
Hey guys,
Ok, let me shed a little light on how this is going to work.
You are dealing with Federal Court. This is a bit different from state, or even county.
DTV will file a suite via a local law firm. There are different areas in the USA and they are grouped together. I happen to reside in the 7th circuit which is WI, OH, IL, IN, MO.
So you will get a letter from a local firm. This will disclose that you are a PARTY OF INTEREST, or you will get something along the lines of a notice that you are going to be served with papers.
Next you will get served with papers. Technically this has to be done by hand. If you attempt to avoid being served you are just wasting everyone's time. They will eventually serve you.
Once you are served you must file a reply within 20 days. This is normally where you would file a Motion of Dismissal.
Then the local firm will file a response to your motion of dismissal.
Once this is all done, your case is either dismissed or it continues.
Now let's assume that it continues. You are now at what is called "discovery." At this point you have to be presented with all evidence and facts that are to be used against you.
From what I understand this is where DTV is trying to settle and get $4500.00.
That seems to be the norm, if there is such a thing.
___________________________
Here are some interesting things to keep in mind. You should file a counter suite. From the people I have spoken to about this the local firms are looking to cash in on default judgments. This is because most people are very scared and they see federal in the suit. I wouldn't be scared. MAKE SURE YOU RESPOND!
What will happen if you do not respond? Odds are that your account will be sold to a credit agency and they will hunt you down to collect. So if you are used to bill collectors... I guess this is the norm.
*I am not a lawyer, but I work with thousands of them.
I don't post to often but I think people needed to hear this.
Ok, let me shed a little light on how this is going to work.
You are dealing with Federal Court. This is a bit different from state, or even county.
DTV will file a suite via a local law firm. There are different areas in the USA and they are grouped together. I happen to reside in the 7th circuit which is WI, OH, IL, IN, MO.
So you will get a letter from a local firm. This will disclose that you are a PARTY OF INTEREST, or you will get something along the lines of a notice that you are going to be served with papers.
Next you will get served with papers. Technically this has to be done by hand. If you attempt to avoid being served you are just wasting everyone's time. They will eventually serve you.
Once you are served you must file a reply within 20 days. This is normally where you would file a Motion of Dismissal.
Then the local firm will file a response to your motion of dismissal.
Once this is all done, your case is either dismissed or it continues.
Now let's assume that it continues. You are now at what is called "discovery." At this point you have to be presented with all evidence and facts that are to be used against you.
From what I understand this is where DTV is trying to settle and get $4500.00.
That seems to be the norm, if there is such a thing.
___________________________
Here are some interesting things to keep in mind. You should file a counter suite. From the people I have spoken to about this the local firms are looking to cash in on default judgments. This is because most people are very scared and they see federal in the suit. I wouldn't be scared. MAKE SURE YOU RESPOND!
What will happen if you do not respond? Odds are that your account will be sold to a credit agency and they will hunt you down to collect. So if you are used to bill collectors... I guess this is the norm.
*I am not a lawyer, but I work with thousands of them.
I don't post to often but I think people needed to hear this.