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Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23533
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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i am a xx resident for two months now and have a credit

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i am a xx resident for two months now and have a credit card case pending in xx. i want judge to dismiss case on grounds of personal jurisdiction and service issues. i was not in xx when the papers were served. will they go after me with mimimum contacts and how does that relate to my case. i dont want them poking holes in my case. the have put the case in the superior court, i assuming to bully me even more because i cannot hire a lawyer. i have tried to pay this credit card but they would not agree on amount. i canceled this card because during the resession my interest rate went from 9 percent to 29 percent. i made all my payments on time and had had this card for many years. how can i get a lawyer if i am on a budget?

Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using Pearl,
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How did the plaintiff claim that they got proper service?
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Did they leave the documents with someone at your home?
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How much is the debt?
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Thanks
Barrister
Customer: replied 1 year ago.

hello i dont know how they claimed they got proper service. how would i know. they left the summons at the door of my xx. address. the debt was approx. 3500.00

Expert:  Barrister replied 1 year ago.

Ok, under xx rules of service, the officer serving the summons can leave it at the defendant's home and then sign an affidavit swearing that he left it. . xx General Statutes Sec. 52-54. Service of summons. The service of a writ of summons shall be made by the officer reading it and the complaint accompanying it in the hearing of the defendant or by leaving an attested copy thereof with him or at his usual place of abode. When service is made by leaving an attested copy at the defendant's usual place of abode, the officer making service shall note in his return the address at which such attested copy was left. . . So if they have the sheriff or constable's affidavit swearing that he left it at your home, then that would constitute legal service of process and they could continue with the case. If you didn't respond to the summons by filing an Answer with the court then they will end up getting a default judgment against you and then would proceed to try and collect on the judgment by garnishing wages, seizing bank accounts and liening any real estate. . However, if you are now permanently living in xx, it may be hard for them to find you to enforce the judgment. They would also have to "domesticate" the judgment in xx by filing a copy of it with the local courts so that a xx judgment could be enforced in xx. . . . Thanks. Barrister . . Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue. . I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

hello, could you please answer my other questions about personal jurisdiction. i am a xx resident here over 6 months a year. what are the minimum contacts for a credit card collector and what other legal rules etc should i be aware of. i am asking to dismiss the case because of jurisdiction.

Customer: replied 1 year ago.
are there any resources to find a lawyer pro bono or for someone on a budjet
Customer: replied 1 year ago.

i have given my answer etc and asked the judge to dismiss case on personal jurisdiction. the motion to dismiss is arguable and there will be a court date. i need time to find a lawyer and to get back to xx. do i have to file a form and how do i ask for what i need.

Expert:  Barrister replied 1 year ago.

Do you actually own property in xx? . . Thanks Barrister

Customer: replied 1 year ago.
no
Expert:  Barrister replied 1 year ago.

Ok, good. . Were you renting in xx before you moved to xx? . How did they have an address in xx for you? . Are you maintaining any type of residence in xx, even only for part of the year? . Are you a permanent residing in xx now, but have only been there 2 months? . . Thanks Barrister

Customer: replied 1 year ago.

i was staying with my boyfriend and my job which is taking care of an elderly man in his home. i am there most of the time. when i am in xx i was renting. i am a permanent resident of xx now.

Expert:  Barrister replied 1 year ago.

Ok, if you have been in xx for less than 6 months, then you might be considered a xx resident if this is now your permanent home. Typical indicators of residency are registering to vote in xx, getting a xx driver's license, changing address for mail, registering vehicles, purchasing or renting a home, etc. . So if you had established residency in xx prior to the creditor filing the suit, then you could argue that you did not have the "sufficient minimum contacts" (International Shoe v. Washington) so as to allow xx to exert personal jurisdiction over you. . If you were only essentially a visitor in xx, they would have to serve you personally while you were in the state to get jurisdiction. . The problem is that if you are objecting to jurisdiction, then you would have to go to xx to object. Since this is a consumer debt, you can contact the local Legal Aid in xx and see if they could assist with any representation. You wouldn't be entitled to a Public Defender because this is not a criminal action. You could also contact the xx Bar Association as they may have a list of low cost or pro bono attorneys who could assist. . As for getting additional time to contest the jurisdiction, if the motion has been set for a hearing date, you would have to file a motion to continue and set forth the grounds for your request. You should be able to find a template form on the internet or on the xx court's website. The other side would have the right to object and, once again, if they do, it would require you to personally appear and argue the motion. It is very unlikely a court would grant a motion for an extension simply by filing a motion and mailing it from xx. . . . Thanks. Barrister . . Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue. . I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Expert:  Barrister replied 1 year ago.
Here is a link to the form for a continuance JV-CV-21
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http://www.jud.ct.gov/webforms/forms/cv021.pdf
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Thanks
Barrister
Customer: replied 1 year ago.
i had to file motion for failure to plead because it was late. this was granted. i filed motion for order as to extention of time to file answer and motion to dismiss, which have been filed. granted. i filed motion to open default. granted. there is a short calander pending for may 6th for motion to dismiss. no court dates on main calander. so i can mark it ready, take papers or off. what does this mean as far as i will not be in connecticut til may 14th have no lawyer and need time to catch my breath. if i do not mark ready do i have to go to court or do i file more info to support my case.
Expert:  Barrister replied 1 year ago.
Ok, it sounds like you may have a judge that is a little more "defendant friendly" than most if he is granting requests without requiring an appearance.
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I would just mark the continuance request "party not available" and "other" on the form and then explain under on the lines that you won't be back in the state until May 14th and ask for a time after that.
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It may well be granted as a matter of right if this is your first request.
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Thanks.
Barrister
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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.
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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.
Customer: replied 1 year ago.

i was told that even if a lawsuit has started in another state and someone becomes a xx resident during lawsuit they cannot go after you because as soon as you are a xx resident you are protected. also are there any previous cases on this matter?

Expert:  Barrister replied 1 year ago.

A person's home is protected under an unlimited homestead exemption by law. xx also does not allow wage garnishments for the "head of a household" if they have dependents that they pay more than 50% of the dependent's living expenses. . However, this suit would not be governed by xx law, it would be governed by xx law. xx law allows for wage garnishment so if they got a judgment in xx, they could force xx to enforce xx law regarding being able to garnish wages. . So if you are able to get the case dismissed in xx and they sue you in xx, then they may not end up being able to collect if you have a home and dependents. . . . Thanks. Barrister . . Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue. . I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.
if i lost in court would i be able to work out a payment plan that day? just have my bills handy. the plaintiff did not try to work out a reasonable payment plan and i did try three times. does the judge take this into consideration. are you saying i have no case or am i going in the wrong direction?
Expert:  Barrister replied 1 year ago.

"if i lost in court would i be able to work out a payment plan that day?" . Although there is no "right" to make payments, judges tend to "lean on" plaintiffs in situations like this to accept a payment plan. Typically before a case actually gets in front of a judge, the judge orders the case to mediation to see if a settlement can be reached so that there is not a formal trial about the matter. In mediation, you could propose a settlement that included a payment plan and the mediator would push the creditor to accept it. . As for your case, to be perfectly honest, if the debt is yours and you have had to default due to financial circumstances, then eventually the creditor will get a judgment, either in xx or later in xx if you are able to get the case dismissed in xx. . . . Thanks. Barrister . . Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue. . I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.
why is the judge willing to hear my case for motion to dismiss?
Expert:  Barrister replied 1 year ago.
Because you filed a challenge. The judge has a legal duty to hear any motions that are properly filed in his court. It isn't optional as to whether he hears it or not.
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Thanks.
Barrister
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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.
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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.
Customer: replied 1 year ago.
when i got the summons from the plaintiff i wrote a letter asking for original application, approval, terms, change of terms, notices, correspondence, internal notes, cross-selling solicitations etc. they never responded to me. should they have responded to my request?
Expert:  Barrister replied 1 year ago.
"when i got the summons from the plaintiff i wrote a letter asking for original application, approval, terms, change of terms, notices, correspondence, internal notes, cross-selling solicitations etc. they never responded to me. should they have responded to my request? "
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The original creditor only has to prove the debt once they go to court. But if they filed suit and you sent them a written "Discovery request" then they should have responded with the requested documents. However, you have to file your motion for discovery formally through the courts to compel them to provide the requested documents. If you don't go through the court in requesting it, they don't have to provide it at that time. They would only have to prove that in court by providing evidence that you are the debtor, that the account is in default, and that you have not paid it.
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So if you didn't go through the courts with a formal motion for discovery, they only have to provide documents at any hearing now to prove their case.
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Thanks.
Barrister
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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.
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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.
Customer: replied 1 year ago.
can i make a discovery request now. is there a form?
Expert:  Barrister replied 1 year ago.

Under xx Rules of Civil Procedure 1.280, you should still be able to make a discovery request as part of your preparation for trial. . (3) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that party's representative, including that party's attorney, consultant, surety, indemnitor, insurer, or agent, only upon a showing that the party seeking discovery has need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of the materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. Without the required showing a party may obtain a copy of a statement concerning the action or its subject matter previously made by that party. Upon request without the required showing a person not a party may obtain a copy of a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for an order to obtain a copy. The provisions of rule 1.380(a)(4) apply to the award of expenses incurred as a result of making the motion. . . If the court has not set a deadline for discovery motions then you can still file one. I haven't found a template form on the internet, but there may be one out there if you do various keyword searches. . . . Thanks. Barrister . . Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue. . I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice. . . . Thanks. Barrister . . Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue. . I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.
have there ever been any credit card cases won by the defendent. if so what are the different circumstances.
Expert:  Barrister replied 1 year ago.
Honestly, the only ones that I have seen where the debtor wins is when the credit card company misses the statute of limitations to file suit so they are time barred from collecting.
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Thanks.
Barrister
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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.
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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.
Customer: replied 1 year ago.
where can i look up credit card case? did you look?
Expert:  Barrister replied 1 year ago.
Unfortunately conducting in depth legal research is outside the scope of the services I can provide as it can take hours to review relevant cases.
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But you can do searches for case law yourself on sites such as Findlaw.com, LexisNexis and Google Scholar.
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Thanks.
Barrister
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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.
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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.
Customer: replied 1 year ago.
why did the plaintiff file in superior court and not small claims court? can i get the case transferred to small claims court.
Expert:  Barrister replied 1 year ago.
Because they wanted to have the more formal rules of Superior Court to come into play and to possibly force you to hire an attorney. Superior court is much more formal and required a pro se defendant to meet the same rules and standards as an attorney if they are representing themselves.
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And no, once it is removed, it can't be "backed down" to small claims court.
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Thanks.
Barrister
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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.
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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.
Customer: replied 1 year ago.
the case was never in small claims court. are they violating my civil rights?
Expert:  Barrister replied 1 year ago.
No, they can file in whatever court they want to. A person has no legal "right" to be sued in small claims as opposed to a higher court.
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Thanks
Barrister
Customer: replied 1 year ago.
is the plaintiff going to say i was not cooperative because i stopped making payments? on three occassions i told them what i could pay and they refused. does the interest keep accruing even though credit card is closed - at 29 percent? why didnt they take my payment plan and do i have a case about their refusal?
Expert:  Barrister replied 1 year ago.
Although I can understand your desire to get the most for your money, I have already answered over a dozen questions without having my service rated yet.
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JA frowns on an Expert answering numerous related, but different questions if they have yet to rate any of the previous responses or answers. If you could please rate my service, I will be happy to continue.
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Thanks
Barrister
Customer: replied 1 year ago.

although i became a xx resident 2 months ago i have been living in xx over six months a year for the almost 3 years now. does this count? can it be inplemented into my personal juridiction case?

Customer: replied 1 year ago.
where do i rate your service?
Expert:  Barrister replied 1 year ago.
"where do i rate your service?"
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When I post an answer, there should be some type of screen that asks you to rate my service as one of five levels from bad to excellent. It is only then that I receive credit for my work.
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23533
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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