needing a bit of legal advice.

no_limit1 · 05-12-2011, 07:28 PM

Hi, i was summoned to answer questions regarding any assets (i am a college student and dont have any) for a CIVIL judgement that was made against me back in '08. Since the time of this judgement i have moved and switched residency to Colorado, another state and am attending college there. What happened is that while i was visiting my parents in my old town in kansas, i was stopped for speeding and served paperwork on this previous judgement and need to appear on may 25th. (got a warning for the speeding, haha.)

here is the issue. I am a broke college student, and barely have enough money to cover the return trip back to college from my parents (500 miles), so there is no way to just pay this thing off and make it go away. My classes start on may 17th and i will not be back in this area untill around Christmas. I have talked (or tried to talk) to the opposing attorney and he would not listen to a word i had to say and to say the least was very VERY rude. i was trying to explain to him that i no longer live in this town or state and have not for over 2 years now and when they pulled me over i was served these papers to appear on may 25th and that i will not be able to show up because i am leaving back for college on the 17th and will absolutely not be back untill around Christmas and will only be here for 2 weeks at that time. The guy basically told me tough and to figure it out followed by hanging up on me.

what are my options here? i have no choice but to head back to college on the 17th because if i dont, i lose my dorm room, everything that is in it as well as my student loans. what can i do?

please note, this is not a criminal judgement. it is a purely civil case over a measly 560 bucks, which i do not have. Also, this has already been reported on my credit. and just so it's here, yes i am a bonnified Colorado resident and have been for 2 years now.

if you guys need any clarification i can provide it. I tried to go into as much detail as possible but thoughts only flow so well when your smoking Hashplant :P

SmokeaJoint · 05-12-2011, 07:33 PM

You're going to have to deal with this eventually. It sounds like you're being called to go to court(?). If so, I hope you have a way to make that money and appear, because if you don't then a warrant will be served. Talk to your parents, thats why you have them.

EDIT: Wait you said its not a criminal judgement. The opposing attorney is supposed to be rude. He wants to get his client their money. Still, talk to your parents and let them handle it. Learn your lesson not to speed and get caught.

no_limit1 · 05-12-2011, 07:40 PM

i was talking with one of the local attorneys here in town and he told me to look into a continuance request and send one in. he also advised me that even if the continuance is denied and i can't show to not worry about it too much because since it is a civil case they must serve me another form of paperwork (forgot what it was called) and if it is actually served to me then i will have to show for sure or have a warrant, but since im going to be 500 miles away in another state, that would be hard to do.

he couldnt give me any more info than that without paying him a retainer but he was very helpful considering the other attorneys in town wanted money for advice.

edit: as far as my parents go, might as well forget it. i had to wait untill i turned 24 because they wouldnt put any of their info on my FAFSA, or help with tuition. hell, getting them to give me 120 for gas to return to college was like pulling teeth out of a ravenous tiger with rabies. i almost didnt want to ask :/

~1~ · 05-12-2011, 08:12 PM

This sounds more to me like you got a letter from a collection agency looking to get the judgement for their client, in this case the city.

I'd love to actually see this 'summons' and would like to know how you came into contact with the 'opposing attorney'. If he was the guy who answered when you called the number on the summons then he was no lawyer...

Look for these words anywhere.

'This is an attempt to collect a debt, any information obtained will be used to collect that debt' or some stuff like that.

If it is a collector and he now has your phone number (never give any information to ANYONE on the phone if you didn't initiate the call) tell him that any contact made from here on out is to be via USPS.

Collectors are sleaze, they serve NO useful purpose except maybe fertilizer, they are scum of the earth and are not in it to help you out no matter what bullshit they feed you. They will fuck you for a dollar and it'll never end.

Remember this, there is nothing, NOTHING a collector can do to you that hasn't already been done.

no_limit1 · 05-13-2011, 12:30 AM

Quote:

Originally Posted by Roach

I'm sorry, I just re-read your post.

the judgement was back in 08

you're way past what I just typed above.

The opposition is now in the garnishing stage.

Now they want to know how much you have that can be taken.

yep,which is absolutely diddley. lol i keep forgetting that you cant drive around these small towns like its the city. you'll get pulled over.

this is a pretty crappy situation. i come to visit my parents, talk my way out of a speeding ticket and get served a summons. what a day.

no_limit1 · 05-13-2011, 12:34 AM

oh ya and they have tried to garnish my wages in colorado but since it is a different state than where the judgement was made, they cant get diddly. i know that guy saw me out eating with my parents and thought i had moved back. kinda explains why the cop was so adamant about not writing a ticket. whenever i called him, i think he realised that no, i didnt move back, and no i am not a resident of kansas any longer and got butt hurt.

05-12-2011, 07:28 PM	#1 (permalink)
no_limit1 Old School Join Date: Jun 2003 Posts: 294 Thanks: 30 Thanked 12 Times in 9 Posts	needing a bit of legal advice. Hi, i was summoned to answer questions regarding any assets (i am a college student and dont have any) for a CIVIL judgement that was made against me back in '08. Since the time of this judgement i have moved and switched residency to Colorado, another state and am attending college there. What happened is that while i was visiting my parents in my old town in kansas, i was stopped for speeding and served paperwork on this previous judgement and need to appear on may 25th. (got a warning for the speeding, haha.) here is the issue. I am a broke college student, and barely have enough money to cover the return trip back to college from my parents (500 miles), so there is no way to just pay this thing off and make it go away. My classes start on may 17th and i will not be back in this area untill around Christmas. I have talked (or tried to talk) to the opposing attorney and he would not listen to a word i had to say and to say the least was very VERY rude. i was trying to explain to him that i no longer live in this town or state and have not for over 2 years now and when they pulled me over i was served these papers to appear on may 25th and that i will not be able to show up because i am leaving back for college on the 17th and will absolutely not be back untill around Christmas and will only be here for 2 weeks at that time. The guy basically told me tough and to figure it out followed by hanging up on me. what are my options here? i have no choice but to head back to college on the 17th because if i dont, i lose my dorm room, everything that is in it as well as my student loans. what can i do? please note, this is not a criminal judgement. it is a purely civil case over a measly 560 bucks, which i do not have. Also, this has already been reported on my credit. and just so it's here, yes i am a bonnified Colorado resident and have been for 2 years now. if you guys need any clarification i can provide it. I tried to go into as much detail as possible but thoughts only flow so well when your smoking Hashplant :P

05-12-2011, 08:12 PM	#4 (permalink)
~1~ Successful Failure Join Date: Mar 2003 Location: where 'they' can't see. Posts: 10,925 Thanks: 466 Thanked 1,581 Times in 925 Posts	This sounds more to me like you got a letter from a collection agency looking to get the judgement for their client, in this case the city. I'd love to actually see this 'summons' and would like to know how you came into contact with the 'opposing attorney'. If he was the guy who answered when you called the number on the summons then he was no lawyer... Look for these words anywhere. 'This is an attempt to collect a debt, any information obtained will be used to collect that debt' or some stuff like that. If it is a collector and he now has your phone number (never give any information to ANYONE on the phone if you didn't initiate the call) tell him that any contact made from here on out is to be via USPS. Collectors are sleaze, they serve NO useful purpose except maybe fertilizer, they are scum of the earth and are not in it to help you out no matter what bullshit they feed you. They will fuck you for a dollar and it'll never end. Remember this, there is nothing, NOTHING a collector can do to you that hasn't already been done. __________________ "And those who are successful, be always on your guard. Success walks hand in hand with failure, along Hollywood Boulevard" Ray Davies --------------------------------------------------- --------------------------------------------------- Click Here Asshole

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05-12-2011, 07:40 PM	#3 (permalink)
no_limit1 Old School Join Date: Jun 2003 Posts: 294 Thanks: 30 Thanked 12 Times in 9 Posts	i was talking with one of the local attorneys here in town and he told me to look into a continuance request and send one in. he also advised me that even if the continuance is denied and i can't show to not worry about it too much because since it is a civil case they must serve me another form of paperwork (forgot what it was called) and if it is actually served to me then i will have to show for sure or have a warrant, but since im going to be 500 miles away in another state, that would be hard to do. he couldnt give me any more info than that without paying him a retainer but he was very helpful considering the other attorneys in town wanted money for advice. edit: as far as my parents go, might as well forget it. i had to wait untill i turned 24 because they wouldnt put any of their info on my FAFSA, or help with tuition. hell, getting them to give me 120 for gas to return to college was like pulling teeth out of a ravenous tiger with rabies. i almost didnt want to ask :/

05-13-2011, 12:34 AM	#6 (permalink)
no_limit1 Old School Join Date: Jun 2003 Posts: 294 Thanks: 30 Thanked 12 Times in 9 Posts	oh ya and they have tried to garnish my wages in colorado but since it is a different state than where the judgement was made, they cant get diddly. i know that guy saw me out eating with my parents and thought i had moved back. kinda explains why the cop was so adamant about not writing a ticket. whenever i called him, i think he realised that no, i didnt move back, and no i am not a resident of kansas any longer and got butt hurt.

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