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Judgment Dismissal (self.legaladvice)

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(This is in Florida) Awhile back, I applied for a Discover card online. I used the $2,000 USD to obtain a couple of computer systems because what little money I do earn, is obtained from freelance computer related work online. I get by. Hand to mouth. Thats it. But then, there was a lull in money coming in from freelance for a long time, As freelance work is very up and down and that prevented me from paying off this debt. Now... I have this letter sent to me saying "basically" (and Im paraphrasing a lot of it to save length) : It does not appear that for a period of 6 months that this action is being prosecuted. So it is adjuded as follows: 1) good cause shall be shown why this action should not be dismissed for lack of prosecution 2) The showing of good cause shall be in writing 3) If showing of good cause is filed a hearing shall be held 4) if no showing of good cause if filed within time specified this action shall stand dismissed for lack of prosecution

Now, my question is...since nothing has been done so far for 6 months regarding this, how likely am I to actually end up going to court over this?

If I do go to court, is there any tactics I can use to my advantage?

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[–]Napalmenator 36ポイント37ポイント  (81子コメント)

Sounds like the bank needs to show cause to continue to sue you for the money you owe. No one can guess if they will file or not.

You took their money, got good, and you want to know how to get out of paying? The best way is to pay your debts before it goes to court.

[–]Citicop 55ポイント56ポイント  (0子コメント)

If I do go to court, is there any tactics I can use to my advantage?

Introduce evidence that you don't owe them the money.

Which may be difficult, since you do, in fact, owe them the money.

You could probably try to work out a payment plan with them, or settle for a reduced amount.

[–]throwingmeaway91012 20ポイント21ポイント  (10子コメント)

Wow..if ever there was a case for not giving someone credit, this is it.

Let me sum it up for you:

You applied to Discover and were granted credit. No one forced you to or put a gun to your head to make you do this.

You used the credit line to buy computer systems. No one forced you or put a gun to your head to make you do this.

You then found yourself lacking in funds to pay back said credit line to Discover. You have openly admitted that you feel you don't need to go find other work in order to pay back said credit line. You also believe (amusingly at best) that you will get this dismissed if you look for tactics to do so. Discover is aggressive when it comes to getting their money back and they will use any and all means to do it. They will come after you, whether it's them or if it's a collection agency, they will come after you. I know this only because a roommate made the mistake of not paying on her Discover, and every other message on the answering machine for months on end was them demanding to speak with her and every other call was from them demanding to speak with her and get their money.

Buddy, they've got your application you filled out with the information you gave them, whether it was electronically or you hand wrote it and signed it. They have your guarantee that you will repay them. It also states in the fine print that they have the right to

You agreed to pay back the debit you entered yourself in. Any judge is going to laugh you out of court if you try. All the evidence is stacked against you.

Whatever ideas you have that you're better than just going out and finding a job to pay this, whether it's through a temp agency or going to McDonald's to flip burgers, you do what needs to be done to pay a debt. Even if it means begging and borrowing from friends and family.

As someone else said in this thread, good luck in court buddy, because you're going to need it.

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Original Post:

Judgment Dismissal

Awhile back, I applied for a Discover card online. I used the $2,000 USD to obtain a couple of computer systems because what little money I do earn, is obtained from freelance computer related work online. I get by. Hand to mouth. Thats it. But then, there was a lull in money coming in from freelance for a long time, As freelance work is very up and down and that prevented me from paying off this debt. Now... I have this letter sent to me saying "basically" (and Im paraphrasing a lot of it to save length) : It does not appear that for a period of 6 months that this action is being prosecuted. So it is adjuded as follows: 1) good cause shall be shown why this action should not be dismissed for lack of prosecution 2) The showing of good cause shall be in writing 3) If showing of good cause is filed a hearing shall be held 4) if no showing of good cause if filed within time specified this action shall stand dismissed for lack of prosecution

Now, my question is...since nothing has been done so far for 6 months regarding this, how likely am I to actually end up going to court over this?

If I do go to court, is there any tactics I can use to my advantage?

[–]brentdax 5ポイント6ポイント  (0子コメント)

There are no tactics that will get you out of paying for a debt you genuinely owe, particularly a well-documented debt to a large company that has covered all their bases legally. You cannot walk into court, shout "Debtus Nullificus!", steal the judge's gavel and bang it three times, and walk out without the debt hanging over your head. The law doesn't work that way.

There may be ways to delay the case, but they will also run up Discover's legal bills, which are likely to be added to your debt once you lose, and you risk pissing off the judge and getting sanctioned. Not worth it.

You can contact Discover and try to settle for less money or set up a payment plan. But they don't have to agree to anything, because they will win the lawsuit and they know it. The only reason they might accept your offer is that it'll be cheaper than winning the lawsuit. Every time they proceed further into your lawsuit, that savings gets smaller, so your leverage is decreasing every day.

You also have many options to raise money to pay the debt. Work, sell, pawn, borrow, beg.

This isn't what you want to hear, but like it or not, it's the position you're in now. Reality is that which, when you stop believing in it, doesn't go away.

[–]videogamechamp 1ポイント2ポイント  (0子コメント)

(This is in Florida)