ECURB Posted April 21, 2009 Share Posted April 21, 2009 Ok... if there is anyone here who can help me figure out how and what to file in a case I have against me in CT... Short story... had an add in the AT&T YellowPages for my former business, I signed the contract. They are now trying to sue for the balance plus a **** ton of fee's but never notified me of it until the point of filing for a non-appearance on my part. In other words I was never served with the initial paperwork and able to defend myself or try to settle before they jacked up all the costs... So if anyone knows... I just want to know or at leats be set on the right path to filing some sort of paperwork to prevent a default judgment for a non-appear because they did not serve me initially. I want to stop them from just sneaking this by me to a judgement so that I can settle with AT&T for a relaistic balance. Right now AT&T of course wants no part of that as it looks like they will just get an easy judgement. Thanks for the help if anyone can. Link to comment Share on other sites More sharing options...
Blackout Posted April 21, 2009 Share Posted April 21, 2009 hire a nice lawyer or get a new identity and move away Link to comment Share on other sites More sharing options...
Doggin94it Posted April 21, 2009 Share Posted April 21, 2009 Ok... if there is anyone here who can help me figure out how and what to file in a case I have against me in CT... Short story... had an add in the AT&T YellowPages for my former business, I signed the contract. They are now trying to sue for the balance plus a **** ton of fee's but never notified me of it until the point of filing for a non-appearance on my part. In other words I was never served with the initial paperwork and able to defend myself or try to settle before they jacked up all the costs... So if anyone knows... I just want to know or at leats be set on the right path to filing some sort of paperwork to prevent a default judgment for a non-appear because they did not serve me initially. I want to stop them from just sneaking this by me to a judgement so that I can settle with AT&T for a relaistic balance. Right now AT&T of course wants no part of that as it looks like they will just get an easy judgement. Thanks for the help if anyone can. ECurb, A few questions - feel free to PM me the answers: 1) Who is named in the complaint - you, or your business? If it's your name in the caption and you were never served with the complaint, the case can be dismissed for that reason alone. But that only works if you raise the defense of improper service the first time you appear, so you really should get a lawyer to help you with that. 2) Who was the contract with? You as an individual? Or your business, with you signing on behalf of the business? 3) What type of business did you have (was it a corporation, a partnership, a sole proprietorship, etc.) and is it still running? 4) Is AT&T represented by outside counsel? If so, who is it? Link to comment Share on other sites More sharing options...
LiLMiCKMANTLE Posted April 21, 2009 Share Posted April 21, 2009 Ok... if there is anyone here who can help me figure out how and what to file in a case I have against me in CT... Short story... had an add in the AT&T YellowPages for my former business, I signed the contract. They are now trying to sue for the balance plus a **** ton of fee's but never notified me of it until the point of filing for a non-appearance on my part. In other words I was never served with the initial paperwork and able to defend myself or try to settle before they jacked up all the costs... So if anyone knows... I just want to know or at leats be set on the right path to filing some sort of paperwork to prevent a default judgment for a non-appear because they did not serve me initially. I want to stop them from just sneaking this by me to a judgement so that I can settle with AT&T for a relaistic balance. Right now AT&T of course wants no part of that as it looks like they will just get an easy judgement. Thanks for the help if anyone can. did they send you something in the mail or do anything to try and contact you about collecting your debt??? something like that happened to my mom and since the company had no proof they tired to collect the debt the case got dropped and my mom only had to pay what she owed originally Link to comment Share on other sites More sharing options...
ECURB Posted April 21, 2009 Author Share Posted April 21, 2009 did they send you something in the mail or do anything to try and contact you about collecting your debt??? something like that happened to my mom and since the company had no proof they tired to collect the debt the case got dropped and my mom only had to pay what she owed originally Basically and that is what I am hoping for. Link to comment Share on other sites More sharing options...
ECURB Posted April 21, 2009 Author Share Posted April 21, 2009 ECurb, A few questions - feel free to PM me the answers: 1) Who is named in the complaint - you, or your business? If it's your name in the caption and you were never served with the complaint, the case can be dismissed for that reason alone. But that only works if you raise the defense of improper service the first time you appear, so you really should get a lawyer to help you with that. 2) Who was the contract with? You as an individual? Or your business, with you signing on behalf of the business? 3) What type of business did you have (was it a corporation, a partnership, a sole proprietorship, etc.) and is it still running? 4) Is AT&T represented by outside counsel? If so, who is it? PM Sent, thanks! Link to comment Share on other sites More sharing options...
LiLMiCKMANTLE Posted April 21, 2009 Share Posted April 21, 2009 Basically and that is what I am hoping for. ok yea then consult an attourney and then try and figure out the court date and make sure your there with representation Link to comment Share on other sites More sharing options...
ECURB Posted April 21, 2009 Author Share Posted April 21, 2009 ok yea then consult an attourney and then try and figure out the court date and make sure your there with representation If I had money to pay an attorney... I would pay the damn bill... lol Link to comment Share on other sites More sharing options...
rillo Posted April 21, 2009 Share Posted April 21, 2009 If I had money to pay an attorney... I would pay the damn bill... lol Pretty much, good luck. Link to comment Share on other sites More sharing options...
#27TheDominator Posted April 21, 2009 Share Posted April 21, 2009 If I had money to pay an attorney... I would pay the damn bill... lol Sounds like you can listen to doggin'. That's pretty much the important stuff. I know you are in CT, but in NY you can usually go to the courthouse and they'll give you an Order to Show Cause form that will be a motion to vacate any default and to claim the defense of lack of service. I'd do that, make sure you don't get a default entered against you, and then call the attorney and/or company and set up a payment plan. Link to comment Share on other sites More sharing options...
ECURB Posted April 21, 2009 Author Share Posted April 21, 2009 Sounds like you can listen to doggin'. That's pretty much the important stuff. I know you are in CT, but in NY you can usually go to the courthouse and they'll give you an Order to Show Cause form that will be a motion to vacate any default and to claim the defense of lack of service. I'd do that, make sure you don't get a default entered against you, and then call the attorney and/or company and set up a payment plan. Between this, Doggin and a couple other sources it looks like all will work out well... I wish the damn lawyer would just take a short payment plan to begin with based on the original amount... they want the amount plus costs in 2 payments... Link to comment Share on other sites More sharing options...
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